this post was submitted on 27 Sep 2023
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Privacy
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So let me get this straight. You buy Phillips Hue devices because they work offline. Then they change how the devices you bought function making them only work online forcing you to create an account and allow them to collect data.
This should not be legal. This is a breach of contract, they modified the contract after you already signed it (by buying the device). If they want to do this, they should offer full refunds to anyone that wants to exit the contract, or only apply the changed to new devices.
Phillips: " I am altering the deal. Pray I don't alter it any further."
They are though
I found the youngling, y'all!
No issue here. If you don’t like the new terms, just decline and toss all your smart home appliances that you spent your hard earned money on right into the trash.
See, no problem!
/s
I'm sure there's a line somewhere in the ToS that you always read carefully from beginning to the end, saying that they merely rent you the devices infinitely, so they're actually not your property and they can do whatever they want with them.
There is a bog standard line in nearly every ToS "We have the right to modify this terms of service without notification to the user" blah blah blah. It probably even holds up in court.
They do not.
The format where they do is when it is a service provider and they simply stop service of the contract. I.e. if you don't accept the terms and services for say, using reddit, they can just choose to not continue providing you access to those servers.
But it didn't hold up on contracts involving already rendered services or anything really other then the outcome of declining being 'everyone exiting the contract' or simply moving back to the previous contract.
Courts in the us have pretty much universally upheld that contracts cannot be changed without all parties agreeing.
Yeah but the whole tech industry operates as Whatever-as-a-Service now, which means those ToS changes are able to be applied whenever they like. You either continue using the service or you don't. This apparently applies to lightbulbs now. Lightbulbs as a Service. Sigh.
Does it matter that these ToS aren't available until after you buy the product? I mean, these agreements are rarely posted right next to the product in-store or online. Right?
You can own a doodad but it's a static, useless doodad until you agree to the ToS which allows you to use it.