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by Sheila Lennon
'Bottom-up' journalism from the pros

May 29, 2002 • Today's weblog

ReplayTV users get to deny imaginary contract: There's a letter to sign at the EFF, to be sent electronically to the man who calls it stealing if you go to the bathroom or get a sandwich during commercials:

CEO Jamie Kellner
Turner Broadcasting System, Inc.
One CNN Center
P.O. Box 105366
Atlanta, Georgia 30348

Dear Mr. Kellner,

I am writing in regard to your comments during an interview with Staci D. Kramer that appeared in the April 29, 2002, issue of Cableworld magazine. Specifically, I take issue with your assertion that I have entered into some kind of "contract" with the television stations I view in my home. I find your idea that I break this contract by "going to the bathroom" during, or otherwise not viewing, your commercial advertisements utterly preposterous. The arrogance and deep misunderstanding evident in this statement is troubling. Unfortunately, I believe you have conflated your business model with a legal agreement. That model was developed before the personal video recorder (PVR) and fast-forward button (though not before the bathroom break). However, your current concern regarding the realization of revenue with this model does not compel me to forego legally available technology or chain me to the television via some imaginary contractual obligation. Let me remind you that I am not in your movie theater; you are a guest in my living room. I never signed a contract with Turner Broadcasting or any of the other networks that send programming over the public airwaves. Until I do, I will choose whether or not to watch commercials in any way I see fit.

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