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The Internet Hardware

When Cable Companies Break -Your- Cable Modem? 75

Posted by Cliff from the getting-properly-compensated dept.
Steve asks: "I've suffered ongoing problems with my cable access for several months which my cable company has not resolved. Yesterday I discovered that the cause of the problem was probably due to a remote software update applied to my cable modem by the cable company 2 months ago. Their solution is to give me a new rental modem. This is fine, except that I *own* the current modem which is now broken and can not be sold on. The cable company are unwilling to offer compensation. According to my contract, the company can only modify equipment which they own. The question: have they broken the UK's Computer Misuse Act? Should they be liable for damages caused?"
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When Cable Companies Break -Your- Cable Modem? More

When Cable Companies Break -Your- Cable Modem?

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  • Small Claims Court (Score:5, Insightful)

    by MBCook ( 132727 ) <foobarsoft@foobarsoft.com> on Thursday March 06, 2003 @07:45PM (#5453941) Homepage
    They damaged your property, they should be liable. In the US I would take them to small claims court, and force them to pay for a new cable modem, court costs, and any rental fees for the modem them lent you. From what you said they clearly violated what they were allowed to do, and they should be held liable.

    That siad, if you do go to court remember one simple fact that makes their behavior look questionable: THEY broke something of YOURS, and now are making YOU pay THEM for the replacement they're LENDING you. If they broke your modem on purpose, this would be extortion; but I doubt they did that.

    • The standard disclaimer about my not being a lawyer (or a citizen of the UK) applies here.

      Read your service contract carefully, and if indeed it does say that the service provider may only update modems that they own, then they are in breach of contract, and you may be entitled to damages (depending on other clauses in the contract). This generally is easier to prove in court than the parent is suggesting.

      Either way if you want to do something about it your best off to consult a lawyer

    • Re:Small Claims Court (Score:2, Informative)

      by dpash ( 5685 )
      Small claims court is the way forward. It should cost you between 30 and 120GBP, but I'm sure you could claim that back.

      Send them a letter and invoice (not email) saying that they have 14 days to pay or you will start legal procedures. It may be worth sending them a polite letter first asking for payment before threatening them. Do explain to them that you believe them to be in breach of the Computer Misuse act. Don't forget to quote the year.

      IANAL

  • The main problem (Score:5, Insightful)

    by ewhenn ( 647989 ) on Thursday March 06, 2003 @07:48PM (#5453969)
    .. would be proving that the update is what damaged/rendered your modem unusable. I think that the whole process would be more trouble then it is worth. Not to say that you most likely do not have a legitimate complaint, it would probably be too time consuming/expensive for you to pursue.

    Also consider who sould be testing the modem. If it is tha cable company, do you think they will admit to actually destroying the modem. *ha*

    • Re:The main problem (Score:4, Insightful)

      by kinema ( 630983 ) on Thursday March 06, 2003 @08:01PM (#5454078)
      I think that the whole process would be more trouble then it is worth.


      In my opinion it is important to pursue this if for no other reason then possibly keep this from happening to others.

    • Re:The main problem (Score:2, Insightful)

      by UberGeeb ( 574309 )
      I'm unfamiliar with your "Computer Misuse Act". However, if you can prove their update damaged your modem, my completely unprofessional opinion is that it falls under whatever "hacking" laws you have. They accessed your hardware without your permission. Then they damaged it. They should be responsible for replacement of the hardware in the same way that someone who runs a stop sign and totals your car is responsible for replacement of the car. Laws don't (well, shouldn't) just protect companies; they also protect the individual.

    • Re:The main problem (Score:2, Insightful)

      by w42w42 ( 538630 )

      In Civil court in the US I believe, it is not proof beyond a resonable doubt that has to be submitted, but a preponderance of evidence. The fact that the cable company attempted to update the software on this modem would indicate that they were doing something they were not supposed to, and put them in the negative light.

      I think the reality though, if managers I've known are representative of those at your cable company, is that they will settle long before you go to court. The expense of them doing so far outways the cost of one modem, especially at their costs.

    • ... would be proving that the update is what damaged/rendered your modem unusable

      It is not necessary to prove damage under the CMA 1990 , unauthorised access is the crime.
  • The question: have they broken the UK's Computer Misuse Act?

    Heh, who cares about this "Computer Misuse Act". They broke your property which they did not have permission to mess with. It's really just as simple as, that. Sue them! You'll win hands down in my opinion (not that it matters).
    • >> They broke your property...

      Difficult to prove that in court. There's a good chance that the cable company might "donate" a replacement modem rather than go to the hassle and expense of showing up in court (likely to cost them more than the price of a cable modem). On the other hand, they might decide to be obstreperous and contest it.

  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Thursday March 06, 2003 @08:03PM (#5454095)
    Comment removed based on user account deletion
    • Just to let you know, the XP updates are a pain in the ass.

      • They don't work too well, either. My PC at the office asked me to install two updates earlier this week, for MSXML 2.6 and 3.0. I said OK, and it went away to download and install them.

        Next day, I come in, and guess what? New updates are available. Well, "new" as in "the ones you've already got from yesterday", anyway. So I let it do everything again, and it's happy.

        You'll never guess what happened this morning...

        This is a vanilla Dell PC, nothing silly installed, updated regularly as Windows Update has suggested, and it's confused.

        The prosecution rests, your honour.

        • if you remember the EULA (and IIRC it too ;), it should state something like

          program is provided "AS IS" withouht warranty of any kind, either expressed or implied, including, but not limited to, the implied of warranties of fitness for a particular purpose.

          This extract was for the GPL, but windows has the same (like most software).

          • This extract was for the GPL, but windows has the same (like most software).

            Sure, it's common boilerplate. At least with GPL, once you determine for yourself that the software is fit, it doesn't change out from under you and become unfit.

    • My eyes read "TrustWorthy Computing! Please" as "TrustWorthy Computing Police". Yikes!!

    • This has happened before in debian unstable too. X was broken an a reinstall was needed.

      apt-get doesn't own my computer but I sure have to trust it. Now I run stable because of this...

  • Complain... (Score:4, Informative)

    by Anonymous Coward on Thursday March 06, 2003 @08:53PM (#5454534)
    This may sound overly simple, but complain.

    Pick up the phone and dial their support department and calmly ask for a manager. As soon as you get them ask them their name and direct phone number then tell them your 'issue' - cause no-one has a problem when dialing support departments.

    Point out that what they've done is equivalent to stepping into your house with a hammer and hitting your modem with it until it broke.

    NEVER get angry or upset, if the person you're speaking to can't help you, simply ask for the next higher manager. Again keep a note of names and phone numbers, NEVER accept a phone back, it hardly ever happens.

    Persistence is the key word here and try to keep in mind that the first people you speak to simply don't have the power within that company to offer you what you want, simply move up the ladder till you get to the person you need.

    Eventually you'll be wasting the time of someone important enough to say 'We'll send you a new modem'.

    Good luck - talking to the Citizen's Advice Bureau if you still don't get satisfaction may help.
    • "Eventually you'll be wasting the time of someone important enough to say 'We'll send you a new modem'."

      What would be better and more satisfying would be to get the court to force them to restore the original modem to its pre-"update" condition, and pay to get the manufacturer to certify it.

    • Pick up the phone and dial their support department and calmly ask for a manager.

      There are a couple of minor problems with this approach when dealing with most major companies these days.

      • That support call is probably not free. In fact, for many ISPs, it's premium rate. It'll cost you your day's pay to sit on hold for an hour.
      • It is standard practice in call centres that everyone is a "supervisor", so when someone asks to be transferred to same, they just get to speak to another headset weenie with no more ability to help them than the first guy. Getting transferred to someone higher up with any real power is difficult.

      I wouldn't bother calling phone support for an issue like this. Just send them a registered letter to their customer services manager, stating your problem, what you'd like to have them do about it, and a reasonable time period in which you want them to act. If they don't, maybe send them one reminder letter. Don't get all clever and lawyery if you're not a pro, just make your case in plain English, and ask for a sensible response. Then take them to the small claims court if they fail to respond reasonably.

      In open-and-shut cases, which this could well be (though obviously we don't know the full details here), the UK small claims courts are actually pretty good. There's no US-style paying a fortune for a lawyer; in fact, you probably don't need one at all, though you might want to speak to your local Citizen's Advice Bureau. Hearings in the court tend to be brief, and the few results I've seen have been pretty fair to all concerned.

      I'm no lawyer, but from past experience, the court would probably award the cost of an equivalent new modem plus court costs, or something similar.

      • In that case how about calling the Sales Dept for complaints like these? That probably costs them more (support is already costed in).

        After a while they should figure out it's cheaper to give you a new modem.
        • In that case how about calling the Sales Dept for complaints like these?

          That also seems like a good idea, and it's one I've tried in the past. Unfortunately, as soon as they realise you're calling for support, you tend to get transferred to someone in support (or rather, stuffed into the same queue you would have been anyway to wait half an hour for a headset weenie). Sales teams are typically very smooth about this; you'll get "I'll just transfer you to one of my colleagues" and that's it, before you have chance to say a word, you're in the queue. There's not much you can do about it; sales people typically don't have the authority to deal with support issues anyway.

    • I had an ongoing issue with my cable modem for 6 months (modem would drop the sync, and I'd be offline for hours). I went nowhere with support ("I want a credit. - I can't approve that - who can - a manager - can I speak to one - no - why not? - they're busy - what *can* you do - I can have someone call you back..."). I find it interesting that managers are *always* in a meeting.

      One family member works for the cable company suggested that I contact the president. Look up the name on their web site, and call their corporate office. I was lucky and got through (no voicemail/receiptionist), calmly explained my situation (6 months with poor service), and it was fixed within a week.

  • Before you get your panties in a twist... (Score:5, Insightful)

    by slittle ( 4150 ) on Thursday March 06, 2003 @08:55PM (#5454557) Homepage
    try perhaps writing "Letters to the Editor" (or some sort of consumer rights type column) to a few local computer magazines. They will generally contact the company in question, get their side of the story, and oh-by-the-way your dirty laundry is going to be in the next issue, so whatcha gonna do about it?

    Bad PR is pretty good grease..

    You may also have some industry body you can complain with as well. In Oz, that's the dept Fair Trading, Telecommunications Industry Ombudsman, ACCC, etc. Even if they can't do anything for you, registering the complaint gives them stats they can use later on if the problem gets bad enough.

    • Re:Before you get your panties in a twist... (Score:4, Informative)

      by p0ppe ( 246551 ) on Thursday March 06, 2003 @09:17PM (#5454712) Homepage
      The Guardian operates a few of these columns, and they usually seem to get pretty decent results, so it might be worth a shot.
    • You don't always even have to write the letters to them.

      I was having serious problems a few years back with a machine shipped:

      * Untested
      * Configured in a way that _couldn't_ work
      * Dead components
      * Missing software from the bundle

      and with support not returning my calls or mails.

      So, bit of digging, I found the address of their local Trading Standards office and their chairman. I mailed him, copying support, giving that data, outlining the history of the problem and explaining that Trading Standards and all computer magazines whose awards and reviews they quoted in their ads would be contacted within 48 hours if I didn't get a satisfactory resolution.

      I got support talking to me in 2-3 hours as I recall and a solution in about 3 days. The simple threat of bad PR was enough to get action.
  • I got better things to spend my money on. I would rather rent. That way when they require an upgrade, I get a new modem kind of free (but not really cuz I pay some money every month). Also, if they so try a screwy modem update, they can fix it for me.

    • Re:You BOUGHT a cable modem? (Score:4, Insightful)

      by ErnieD ( 19277 ) on Thursday March 06, 2003 @09:56PM (#5454993)
      Purchasing a cable modem is a pretty cost-effective thing to do. I did it myself...got one for $50 after a rebate. With the $10/mo I save on my cable bill, it'll pay for itself in 5 months, and from there on out it's just like pure profit. An upgrade 6 months or a year down the road will have already been paid for.
      • But, if it dies in a lightning storm, you have to out of pocket replace it, whereas my cable modem, which is rented, will be replaced free of charge by my cable company.
        And yes, I've lost two cables modems in the last year to lightning...anyone know of any coax surge protectors? :)
        • You can get surge protecting power bars that also have coax connections on them. I have no idea whether or not they degrade the signal. You might ask your cable company first, if you're worried.

          Try a hardware or computer store for the power bars.
        • My APC UPS has coax/RJ-11 connections for surge suppression - and if it happens I'm covered by APC for something like $50k :)

          -- iCEBaLM
        • Yeah, but does your cable modem get hit by electricity with 5 months, every time? I'd say you are pretty unlucky or live in a "high shock area".

          if you get hit by electricity even twice per year, you wind up saving $20. 10 for the 2 months you DON'T get hit.
        • He's in the UK, remember. We have very stable power here. In all my years as an admin I've never encountered any damage caused by bad power over here.
          • True our power is fairly stable, but I've seen problems, and sometimes they aren't obviously bad power damage.

            In one case (about ten years ago) working at night, server room UPS trips, shuts down. Nothing else seems wrong, all the other (non-upsed) kit still running. Reset UPS, same thing happens. Consult logs - mains power is running 50v over voltage. Cue lots of running around turning stuff off.

            When we reported it, the electricity supplier confirmed fault, and that the supply was over voltage for several hours that night.

            None of the kit in my lab was damaged but some other stuff in the same building did blow that night, and I think they got compensation.

            Thing is, as I heard it most of it was limited lifetime stuff anyway (eg. light/heat or projector bulbs) and without the power monitoring on the ups, the fact that an unusal amount of stuff blew in one night might well have gone unnoticed.

        • My cable is underground....at least the ones in my neighborhood. I suppose a surge coming down the cable or the power line (also underground) and fry it. Doesn't matter for me....I just call them up and they bring me a new modem! I have only had two since I have been on a cable modem. The first one I had was a old legacy cable modem. The one I have now is the docsis cable modem (Moto). I have had zero problems with the modem itself since switching to the docsis one. The legacy one was a true piece of crap. The one I have now is great. I even found a web page that points me to the IP (192.168.100.1 I think) of the modem on my side when the cable end takes a crap. I can restart the damn thing without having to crawl under my desk and yank a power cord.
        • As others have mentioned, APC makes good ones from what I've seen in both home, office, and server room.

          There's something else to look at. Go talk to you insurance agent, ask about adding a rider to your home-owners/renters insurance. (There's a similar type for people like dorm living college students, but I can't think what it's called.) Granted this will likely increase your premiums and it will add an additional level of complexity to your insurance plan and bill, but it will also allow you to claim things like modem,s PCs, stereos, PDA's etc when lightning or accident claims them.

      • Why I continue to RENT. (Score:3, Interesting)

        by dpilot ( 134227 )
        I haven't had many problems with my cable ISP in 2.5 years, but I have had a few. In each case, they own the problem, soup to nuts. All I have to do is pretend that I'm rebooting the Windows PC that the modem isn't really connect to whenever they ask, and figure out what they're *really* asking for, and make sure I comply.

        Own your own modem, and whenever there's a problem, it's finger-pointing time. Is the problem in their system or your modem? No doubt even if it's really in their system, and some of their people know it, the guy on the other end of the phone won't, and will blame it on your modem.

        In the face of life's inevitable problems, renting is simpler, though a few bucks more expensive. The rental fee didn't used to be there, and I figure it was their way of jacking the rates up without a rate increase. I have no doubt that sometime in the next year there'll be some sort of 'service fee' for non-rental modems and we'll all be at parity, again.

        Unfortunately all the rebates I've seen in my area are for new subscribers, only.

        I'd really rather have DSL with its more enlightened/less restrictive Terms Of Service.
        • On the other hand, I've never had a single problem with my setup. I suspect that's because I bought a good cable modem, rather than using the crappy Motorola ones the cable company rents out. It's a tradeoff, so the situation isn't as clear-cut as you present it as being.
          • I'm actually not worried about the modem, itself. I'm more worried about their infrastructure. Years back, Adelphia dominated our area, but my town had a different cable TV provider. Eventually Adelphia got our town, too. So our infrastructure is a little different from the rest of their system, and every now and then it shows.

            So my case is a bit specific, but all-in-all I'd be concerned about the average talent at cable ISPs. Adelphia has some very good people - I've met some, but the average is considerably lower, and that's the first line solving any problems you may have.

            Of course if I found some of those rebates for an old subscriber, I might go for one, any way. I haven't had THAT many problems. It's just that all the rebates in our area are for new subscribers.
      • and from there on out it's just like pure profit.

        So... let me get this straight:

        1. Buy very inexpensive cable modems.
        2. ?
        3. Profit!

    • I bought mine - kept it long enough that it was worth the price, AND they replaced it for me for free once. It helps that I bought it from the ISP, and that they are municipally owned, I guess...

      So I suppose it depends on your ISP.
  • Did you buy the mode from them?

    Was it an 'automatic update' or did you download it an update your modem yourself?

    Why didn't they supply you with the modem in the first place?

    My DSl ISP sent me the DSL modem and I just hooked it up and was online and I have to manually update it.

    If they sent you a signel it is their fault if it friend your modem. If you downloaded an update that fried your modem your screwed. It sounds like it could be their fault though, and it sounds like their compensation is a rental. You may be able to accuse them of purposely destroying your modem so that you would have to use the rental, but that would only be valid if they are making you pay extra for the rental.

    • You may be able to accuse them of purposely destroying your modem so that you would have to use the rental, but that would only be valid if they are making you pay extra for the rental.

      WTF? If they really did damage his modem, they owe him whatever it takes to restore it to its previous state, or an equivalent replacement. It doesn't matter if they offer him a "free" rental; what if he wants to switch to another service provider in the future, or sell his modem to a third party?

      • they owe him whatever it takes to restore it to its previous state

        NOT TRUE. It really depends on their terms of usage agreement or whatever they call that contract. If they have a clause in their contract that says that they are not responisble for damage caused to 3rd party modems by their system then they have essentially covered their butts, and he is screwed out of a modem. Their giving him a rental while he uses their service is probably all he can get.

        Do read the fine print and all when getting internet access.

        • Re:hard to say (Score:2, Interesting)

          by vadim_t ( 324782 )
          Not true.

          Any company can put anything it wants it the usage agreement, but that doesn't make it law. Some things are unenforceable, and I'm pretty much those disclaimers are. Just try to imagine an electric company with an agreement that says that they're not responsible if they don't install the wires correctly in your house and it catches fire.
        • It really depends on their terms of usage agreement [...] If they have a clause in their contract that says that they are not responisble for damage caused to 3rd party modems by their system then they have essentially covered their butts, and he is screwed out of a modem.

          <sigh> Would people around here please start to understand that just because a large, profit-making group states something on a piece of paper, it does not put them or their claim above the law. You can say "I'm not responsible for my negligence" as much as you like, but it means jack until a court backs you up on it when asked.

  • My opinion (Score:2, Informative)

    by Tim_F ( 12524 )
    Check your License Agreement before you do anything. This should be common sense. Cable internet providers rely on little configuration text files in the modem to throttle bandwidth and so on. They probably have a section in your license agreement that allows them to upload information to the cable modem. You probably cannot use their service without agreeing to this. Whether or not you own the modem is irrelevant here. You use their service, you play by their rules.

  • Much better idea than complaining (Score:5, Informative)

    by bconway ( 63464 ) on Thursday March 06, 2003 @10:21PM (#5455143) Homepage
    Read your manual. I had the exact same thing happen with my connection. Power cycling the modem was no use, and doing so would just cause it to lock up trying to download an update and getting stuck. After going through the manual, I discovered the factory reset option. This cleared all the bad gremlins, and the latest update downloaded and installed fine. You have read the manual, right? If that's no help, I guess renting is the way to go.
  • The question: have they broken the UK's Computer Misuse Act? Should they be liable for damages caused?"

    Tell me again why the editors keep posting clear solicitations for legal advice to Ask Slashdot...

    This sounds like a question for a judge. If it was in the US, I could understand your reluctance, but don't you blokes over there get to see one of those guys in a funny wig? Or do I just watch too much PBS Mystery?

    • Tell me again why the editors keep posting clear solicitations for legal advice to Ask Slashdot...

      Believe it or not, many Slashdot readers have talked with attorneys, and some may have discussed similar issues with their counsel. Secondhand legal advice ("my lawyer told me this") is good for an initial survey of the legal landscape so that a client can know some of what's going on before the initial consultation.

      Disclaimers: No warranty, this isn't legal advice, make sure your BS meter is well calibrated, etc.

  • Technical solution? (Score:3, Interesting)

    by KyleCordes ( 10679 ) on Friday March 07, 2003 @12:02AM (#5455815) Homepage
    I'm working under the assumption that their errant software update did not physically damage the cable modem, it just put in some updated software that renders it unusable.

    I suggest contacting the manufacturer of the cable modem; there may be a combination of some "reset" step and some kind of firmware update that would overwrite whatever badness the cable company (accidentally, I assume) put on there, and get it going again.
  • You own a modem. Someone updated its software, without you ever agreeing that to let them. That it happened to be a bad "upgrade" is not important -- it's indisputably yours and indisputably on your property, and they fucked with it. Bad cable provider.

    You're owed at least the cost of repair/replacement of your modem, and any rental fees you've been charged to that point. In addition, you're due whatever reasonable expenses you incur in claiming these things that you're owed (lawyers, court fees).

    If you want, it'd be reasonable to ask for some token for the time you were forced to waste in dealing with this abuse of your personal property. Given the somewhat vague value of an individual's time, you might as well ask for something else that is of vague cost to them - something like n months of service for free, or somesuch other reasonable thing.

    Of course, IANAL, I've never even been to the UK, YMMV, caveat emptor, etc.

    Good luck.

  • Answer (Score:3, Interesting)

    by skinfitz ( 564041 ) on Friday March 07, 2003 @04:51AM (#5457206) Journal
    According to my contract, the company can only modify equipment which they own. The question: have they broken the UK's Computer Misuse Act? Should they be liable for damages caused?"

    Yes and yes assuming that you can prove it.

    Of course the big question is why can't you simply patch it to the prior version?
    • Of course the big question is why can't you simply patch it to the prior version?

      He may well be able to do this, and that may well work. (Actually, one of the big problems I have here with stating anything definitive is the original poster's statement:

      Yesterday I discovered that the cause of the problem was probably due to a remote software update applied to my cable modem by the cable company 2 months ago.

      Note that probably -- i.e. he doesn't know for sure.)

      However, I digress. I have seen situations where a microcode/firmware update has messed things up so badly that you can't recover from it. I once had a client who applied an update to their Dell server and ended up getting a completely new motherboard from Dell for free as their server became quite useless as a result of the update. This doesn't sound quite that lethal, but it does happen.

  • Suggestions (Score:5, Interesting)

    by 91degrees ( 207121 ) on Friday March 07, 2003 @06:41AM (#5457392) Journal
    Firstly, IANAL

    Secondly - resolving the problem. Have you talked to the modem manufacturer? They may send you a fix for free. Sending you a software fix will cost them nothing, and will generate goodwill, so it's in their interests to do this.

    Third - The computer misuse act is probably completely inappropriate here. I believe it's a criminal law intended for dealing with malicious damage. Threatening them with it for negligence makes you look like a moron. Breach of contract and negligent damage are more suitable terms.

    I'd suggest sending a letter, by recorded delivery, explaining that you owned the modem, that a rental modem will not be adequate, and state precicely what you want them to do. Don't threaten legal action, at least not directly. Everyone does that. It makes people sound like stuck up little twits.

    If all else fails, I would suggest that you consider ADSL, and tell the cable company that you are doing so. This will cost at least give you the satisfaction of knowing that you have deprived them od revenue.

  • Question is... (Score:3, Interesting)

    by MImeKillEr ( 445828 ) on Friday March 07, 2003 @09:26AM (#5457818) Homepage Journal
    ..does your contract with your provider state that you can use your own modem with their service? If it does, then they need to rectify the matter. If not, you may not have much recourse.

    I know that Time Warner wouldn't let my old boss use his own equipment for a business account (and were were a shop with such equipment and knowledge) and force him to use their rental modem. They generally do this to ensure that they can cap the modems if need be.

    As someone else suggested, contact the mfg of the modem and let them know what happened. See if they can provide an update that will undo what the cable provider pushed and close the door on allowing them to do it again in the future.

    And, as always, document every conversation you have with the cable company.

  • Pointing blame? (Score:3, Interesting)

    by dissy ( 172727 ) on Saturday March 08, 2003 @06:59PM (#5468984)
    Im sure I'm going to get modded down and flamed for this... but I have one question.

    If you own the modem, why was your modem accepting software updates?

    I mean, the cable company sends out software updates for their own hardware only.
    If you bought your modem, yours does not fall under that catagory.

    Why did you allow it to accept this update?

    I'm willing to bet that the cable company has in your contract somewhere a clause that states they will not support your hardware at all.
    If it works, great. If not, its not their problem. And rightfully so.

    So from the sounds of it, your modem that you bought had a major flaw in it, in that it should not have been listening to the cable companys update commands.
    Why is this the cable companys fault?

    Sounds to me like someone taking a 110vac lamp and plugging it in a 220vac outlet, having it blow up, then wanting to sue the power company for not making things magically work.

    If this was the cable companys hardware and they broke it themselfs, it would be a totally different story.
    But your connecting an unsupported forien device that the cable company even tells you out right isnt supported nor garenteed to even work at all, into their network.

    This isnt a telephone device.. you buy an analog modem and the FCC garentees it will work with the phone network. you buy an electrical device and its UL listed to garentee it will work with the power grid.

    You rent a cable modem because they garentee it works with their service. you failed to do this part, and are trying to blame someone else.

    Either you didnt research enough into if that modem would work correctly in the first place, or did not configure it correctly (Which is what it sounds like).

    How anyone can believe this is anything other than user-error is beyond me.

    • Re:Pointing blame? (Score:1, Interesting)

      by Anonymous Coward
      Sorry but your comments are somewhat inaccurate. If you go take a look at the DOCSIS 1.x specifications, you will see that this is clearly
      NOT a case of user error.

      How you could believe it is user error is beyond me....

      The specifications are freely available from the Cablelabs website. I suggest you study them before making such stupid comments on a subject you clearly know nothing about.
  • It would be good for everyone out there who's a about to subscribe to a cable modem service in the UK (including me) to know just which company we're talking about.

    So, please, which one is it?

  • UK Computer Misuse Act 1990 (Score:3, Interesting)

    by Martin Spamer ( 244245 ) on Monday March 10, 2003 @06:57AM (#5475532) Homepage Journal

    The cable company are unwilling to offer compensation. According to my contract, the company can only modify equipment which they own. The question: have they broken the UK's Computer Misuse Act? Should they be liable for damages caused?"

    Yes, one of their employees, not the company, has almost certainly broken Section 1 of the UK Computer Misuse Act 1990, which states:


    (1) A person is guilty of an offence if--
    (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer;
    (b) the access he intends to secure is unauthorised; and
    (c) he knows at the time when he causes the computer to perform the function that that is the case.

    UK Computer Misuse Act 1990 [slashdot.org]

    It almost certainly hinges on the final clause, that they knew this access was not authorised. It seems resonable to assume they do know about their responsibilities under the Computer Misuse Act, so I suggest you try to get then to admit it.

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