Paul Gregg

Jack of all Tech.

Menshn DNS is a (technical thingy).

Written By: pgregg - Jul• 10•2012

So Menshn changed their DNS and stopped their site working for a number of users.

Users pointed it out and Menshn did what Menshn does and blamed everyone else but themselves. I call it the Apple Defence. Or #You’reHoldingItWrong.

What Louise probably doesn’t know is that whoever is advising her*, plainly doesn’t know the first, or last, thing about DNS.

*assuming she has an advisor, perhaps Bozier, as no geek worth his (or her) salt will ever say “technical thingy”.

No Louise, DNS migration does not take 24 hours. It is not the fault of the other ISPs. It is your own fault.

Now Louise and Bozier have both blocked me on twitter, but I’m a magnanimous chap – in the words of Sid [Ice Age] “I’m too lazy to hold a grudge” – so I’ll tell them how to fix it next time.

DNS records have this little number attached to them called a TTL – or Time To Live. Normally the domain TTL is 86400 seconds, or, as you’ve found, 24 hours. This number is entirely within your control. It is the number *you* give to other ISPs when they ask for your zone information. So when their systems receive that data, they can, rightly, assume that the data is good for the next 24 hours.

Thus, when you are planning a domain/DNS change – what do you do? You lower the number to an acceptable outage window, e.g. 60 seconds on your original DNS zone(s) servers. Further, you need to do this at least 24 hours in advance of the change to allow the existing longer TTL records out there to expire.

Thus when you switch DNS servers, or server IPs, your maximum outage window is the new lower TTL.

Welcome to the Internet. It’s a technical thingy.

Louise Mensch, MP, brands me a spammer.

Written By: pgregg - Jul• 09•2012

So after my latest round of tweets with Corby MP Louise Mensch nee. Bagshawe, she has effectively called me a spammer and forbade me from tweeting her any longer (or I’ll be blocked). So be it. I won’t tweet her any more.

She has invited me to email her – but why would I do that? That just makes everything private – and I can be more easily ignored in private.   I did highlight the latest copyright infringements on Menshn to her, however that has yet to be rectified on the site.

So, since I’m now apparently a spammer it is time to question Ms. Mensch’s understanding of a few words.

1. Democracy. You would think a Member of Parliament would get this one right. Apparently not.

We’ll take Wikipedia’s opening paragraph:

Democracy is an egalitarian form of government in which all the citizens of a nation together determine public policy, the laws and the actions of their state, requiring that all citizens (meeting certain qualifications) have an equal opportunity to express their opinion.

 

2. Censorship.

Again, lets take Wikipedia’s opening paragraph:

Censorship is the suppression of speech or other public communication which may be considered objectionable, harmful, sensitive, or inconvenient as determined by a government, media outlet, or other controlling body.

3. spam. (using lowercase because Hormel trademark requests the capitalised version remain for the lunch meat product).

Again with Wikipedia:

Spam is the use of electronic messaging systems to send unsolicited bulk messages indiscriminately. While the most widely recognized form of spam is e-mail spam, the term is applied to similar abuses in other media…

So, I’m not quite sure what the metaJesus thing is all about – but basically I’m a spammer.

All my messages (see previous blog posts), including *everything* on Menshn and tweets has been critical comment. Pointing our flaws in their web site, security, and actual Copyright Infringement. Not complaints; and most certainly not spam by any definition.

Is there a lesson here? Yes. If you talk about something that Mensch doesn’t want to talk about or hear, Louise will define your message as “spam”, delete, block or otherwise censor you. Thereby enabling Menshn to claim they do not censor (except when they want to).

Ironic however, that Louise doesn’t want me to tweet her, yet does invite me to comment via email – which is closer to the definition of spam!

Perhaps one of her Corby constituents will pass her a dictionary. It appears she may have use of one.

I will not be tweeting this message to Louise or I’ll be blocked from her twitter feed also, but please feel free to let her know yourself.

I’m also done with Menshn. I am obviously not welcome as my preferred topics of conversation are not catered for.

Further examples of Copyright Infringement by Menshn

Written By: pgregg - Jul• 08•2012

Following on from my earlier article on Copyright Infringement by Menshn and a find on Menshn co-founder Luke Bozier’s personal web site, I found a few more copyrighted images that Menshn are using without proper attribution.

When you create an account on Menshn, you get randomly assigned a profile picture from their library of, supposedly, Creative Commons images. Except, Menshn’s view of Creative Commons appears to amount to “I found it on the Internet so it must be OK”.

Here’s one of Eleanor Roosevelt, original image is owned by “onecle” with a license of “Attribution, Share-alike”. Menshn has no Attribution.

 

Here is another one of a cast of Susan B. Anthony, original image owned by “cliff1066TM”, again with an Attribution license.

Menshn’s other co-founder, Louise Mensch has at least taken some interest in my articles – so I expect they will be gone* soon.  (*rather replaced, because if they are deleted, many individuals are going to have a broken profile picture).

Now taking bets on how long it’ll take before I get bored of all this. (#joke, lest I fall foul of some gambling law somewhere)

 

First rule of Menshn is talk about Menshn, unless you are on Menshn.

Written By: pgregg - Jul• 08•2012
  1. The first rule of menshn is you do talk about menshn. Please feel free to invite your friends, spread the word, and post about us on Facebook and Twitter.   (c) Menshn, Screenshot below:

Yet, if you do talk about Menshn within Menshn – you will get banned.

Yes, I got banned. I talked about Menshn in the Menshnabout room (and before that existed, the politics ones).

Here is Menshn co-founder admitting this (because all I ever posted in Menshn were messages about Menshn, mostly critical, or pointing out that they were committing Copyright Infringement offences).

 

Edit: Found a cool plugin that lets me import tweets as comments, so I have pulled in the relevant conversations from twitter. Louise did not post what you see below, I used the plugin to pull them in.

Let’s use Wikipedia’s page on Censorship, which defined it thus:

Censorship is the suppression of speech or other public communication which may be considered objectionable, harmful, sensitive, or inconvenient as determined by a government, media outlet, or other controlling body.

In this case, the controlling body is Menshn, or to be more precise, its co-founders and staff. The speech or public communication is criticism of Menshn. Menshn admits it will block this speech. Therefore, Menshn engages in censorship. Q.E.D.

Now, would any reasonable person be able to say Censorship does not exist on Menshn? I believe the evidence speaks for itself and the evidence is damning.

 

Why Menshn will fail

Written By: pgregg - Jul• 08•2012

One of the driving factors of social media is the human need to be heard. The belief that somewhere, out there, someone is not just interested in what you say, but more fundamentally, has the ability to hear (or see) what you say (and write).

When the Social Media platform fails in that most fundamental of principles then you have to wonder about its long term prospects for survival.

I created several different accounts on Menshn, using different browsers and networks to simulate how multiple individuals would interact. (note that the rules do not prohibit this)

One thing stood out above all others – any posts by these accounts in any “room” or topic, does not appear in that room. Even when I wait hours, none of the posts appeared visible to the other accounts watching that room.  The posts are visible to the account who posted the message – just not anyone else. That, my friends, reduces the confidence in the service and as others begin to realise the futility of their efforts will result in the demise of the network.

When you lose the trust of the public, the network is doomed.

Abiding by the first rule of Menshn, please spread this article. :)

The first rule of menshn is you do talk about menshn. Please feel free to invite your friends, spread the word, and post about us on Facebook and Twitter.

 Final note: I did not, and do not, engage in any unauthorised intrusion attempts to collect any information in my research. All research is purely from observations that could be made by any individual.

Blog change to WordPress

Written By: pgregg - Jul• 07•2012

Well, I thought after calling out Menshn for security flaws, I ought to check if my Movable Type was up to date. It wasn’t and one of the changelogs suggested I should upgrade.

However, the upgrade went badly leaving me unable to login at the blog level, or anyone to comment. Admin area was fine.

My upgrade path to Movable Type 5 was blocked because they decided to remove Postgres support. So it put it into the same camp as WordPress. Conveniently there is a PG4WP “plugin” (hack) that lets (most of) WordPress work on Postgres, yay!

Cut to the chase, WP + PG4WP installed. Blog exported/imported. Comments migrated – however I lost a few comments because of a bug in the WP Import incorrectly creating SQL for some articles. Didn’t like the <span style=”color: rgb(0, 0, 187);”> one little bit.I recreated the 4 missing entries manually, but the comments from the originals refused to import.

A mod_rewrite rule to strip the .html from the old MT page urls, and things should be up and running.

 

 

 

Luke Bozier of Menshn has form on Copyright Infringement

Written By: pgregg - Jul• 05•2012

3rd in my series of articles about Menshn.

So, today (or last night), Luke Bozier blocked me on twitter. Seems like a pointless act since anyone not logged into twitter can read all his posts anyway.  However, it did cause me to google his name and I came up with two personal web sites of his for his blog at:
Out of interest I had a click through some articles and came across an image on:
Well no, not murder, but yes Copyright Infringement.
You see the image of the Chernobyl Guard is (c) Trey Ratcliff at http://www.fotopedia.com/items/flickr-433927398 and all he asks for the use of the image is Attribution. However, Luke Bozier does not provide that attribution.
Screenshot of Luke’s site at the time of this article (because Luke is quite efficient at removing the images when I call him out on his law breaking).
45-luke-bozier-copyright-infringement-1-thumb-500x487-44.jpg

Menshn does not censor, Allegedly.

Written By: pgregg - Jul• 05•2012

Officially:

40-menshn-loiuse-nocensorship.jpg
However, my messages on menshn.com do not appear to be visible to others. Compare this screenshot of the same “menshnabout” topic/room.
On the left is Firefox – not logged in. On the right is Chrome – my account logged in.
42-menshn-hidden-messages-thumb-500x230-41.jpg
My message is only visible to me when logged in.
And, I checked…. Private Mode is Off.
Am I being singled out or is there a more widespread censoring going on?

Menshn and another security issue

Written By: pgregg - Jul• 04•2012

On June 19, menshn.com launched giving me a couple of days to have a look around, but not enough time to write up any serious thoughts before going on vacation.  The site launched only in the US and visitors from the UK and elsewhere were greeted with a holding page. However, like many technically aware individuals, geographic barriers are no match to those with VPNs, VPSes or just a simple web proxy.

Initially, only three “topics” were available, a (US) Election2012 topic and one each for Obama and Romney.

Menshn has taken a bit of a battering on Twitter over, I guess, pretty much every aspect of the site imaginable.

Some don’t like the owners, one UK Conservative Member of Parliament, Louise Mensch, and a former Labour advisor Luke Bozier. However, the primary focus of much of the complaints are the web site’s numerous and shocking security flaws.

I believe I was one of the first (if not the first) to highlight the Cross Site Scripting Security flaws. Though I did not actively demonstrate (exploit) it having previously burned in this area, others such as James Coglan have demonstrated the complete lack of data validation that abounds on Menshn.

The site launched without using a SSL Certificate allowing passwords to pass in plain text – a flaw I missed – but ably spotted by Suggy and Andrew White.

Also prior to going on vacation I highlighted two examples of Copyright Infringement to both Louise and Luke. The first was the alleged unauthorised use of the Obama HOPE poster which I screen captured here:

I was completely ignored.


Then Menshn created a new topic “Women” for which they used another image of a “thoughtful woman”:

Note – screen cap of Menshn is on left; the same image I found on Elite Dating Agency site (using Google image search, honest!).  I tweeted to Luke, who responded that the image was Creative Commons. However, this I doubted as I can generally spot a professional image and eventually found the real source as a Premium Stock Image that they could have paid just $9.99 to use. The image soon disappeared from Menshn without further comment from Menshn.

Edit: Just found another image on Menshn – the image for the UKPolitics topic – that does not adhere to the Copyright owner’s license:

The original image is owned by Kevin Shakespeare with the license of “Attribution, Non-Commercial, and No Derivative Works”. Another Menshn fail.

I like to think I’ve educated them a little on Copyright law.

And finally, the straw that breaks the camels back.

Back from vacation, try to login, but of course I forgot the password and so used the “forgot my password”.  Now all normal security conscious web sites will create an encrypted, time limited, one-time use token or URL that you can use to reset your password and email that to you.

No, not Menshn. Menshn will email your actual password in plain text.

The horror. Not only does this mean your password flying through the world’s email servers (making it available to all sorts of Government interception) it also means that Menshn is storing your password inside its database using at best a two-way reversible encryption, or at worst in plain text.

Either way – it is a security disaster,  A breach of the web site means all users and all passwords are exposed in plain text (with the reversal key available from the forgot password code). Luke should read http://www.phptherightway.com/#password_hashing_with_bcrypt .

An awesome coder he is not.

Post publication edit: This article has been mentioned in Business Insider -

We Speak To The British Politician Behind The Controversial 180-Character ‘Twitter-Killer’ Menshn

 

My OnLive Experience

Written By: pgregg - Mar• 27•2012

In February BT posted an offer
(no longer on the BT web site) allowing customers in Northern Ireland
to buy an OnLive Gaming Console (MicroConsole) for £9.99 (normal price
£70) plus £6 shipping. Seemed like a good deal – and so I signed up (2
Feb 2012). Remember these prices – they are important as they come up
later.

Executive Summary:
I bought a MicroConsole device from OnLive, that is faulty.
OnLive
is failing to uphold consumer’s Statutory rights in the UK. And even
goes to far as to explicitly deny those rights to consumers, itself a
criminal offense in the UK. I have been denied a refund of a defective
unit on the grounds that the unit was free and all I paid was postage
(which is incorrect).
OnLive’s website states “No refunds” – a criminal offense in the UK.
Onlive
have stated that my MicroConsole was free, and I only paid shipping
costs. And shipping costs will not be refunded. *wrong*
OnLive are
also denying Sale of Goods Act by saying that I only have 7 days to
cancel and that I agreed to this in the Terms of Service. This relates to the Distance Selling Regulations and not to faulty goods under the Sale of Goods Act.

I am of the
opinion that I acted reasonably and gave OnLive sufficient time to
rectify the problem. I also believe, given the time lines showing that
the hardware never worked, that I can not, in law, be deemed to have
accepted the goods, and so have a lawful right to fully reject them, and
obtain a full refund for all monies paid.

I don’t want to criticise OnLive Technical Support, just their Customer Service policies.

Timeline: I will update the timeline below as things develop.

I
received the MicroConsole the week of February 18 (not sure exactly
what date) and attempted to use it, however it was nothing like the
experience received when playing on the PC.  The PC was reasonably quick
and responsive and I would estimate ran at maybe 15fps which was
reasonable for streaming videogame over the internet.  The MicroConsole
on the otherhand was laggy, and I achieved maybe 3 to 4 fps. In short,
the game (Dirt 3) was unplayable.

I opened a Support ticket February 18. And so the saga begins.

My original support request:

02/18/2012 05:18 PM (timestamps from OnLive support portal)

I have attempted to set up my MicroConsole and am able to connect to the service.
However any time I attempt to play/start HomeFront game, the MC crashes and reboots.
Attempting to play Dirt3 results in a game running at approx 4 frames per second.
Playing Homefront on my PC is fine.

The
MC constantly pops a message in the top right complaining of network
problems – but the fact my PC works fine, shows the network is fine.
http://www.speedtest.net/result/1782184455.png
My home is wired for Gbit ethernet, and the MC is plugged into that. I’ve tried an alternative ethernet cable – no difference.

Even the intro screen/animation on the MC is blocky and just looks wrong.

I’m beginning to think I got a bad MC as I have never been able to play a game on it.

Thanks,
PG.

Within an 80 minutes I had a reply, excellent. Except it is a standardised get-more-info affair. Fair enough I suppose:

02/18/2012 06:40 PM

Greetings PG,

Thank you for contacting OnLive. To help our team troubleshoot the issue, please provide the following information:

- In what country are you located?
- What is the name of your Internet Service Provider?
- Is an error message displayed when you connect? If so, what is the message?
- What are the results of the broadband quality test from http://www.pingtest.net? *
- What are the results of the Internet connection test from http://www.speedtest.net? *
- What is the brand and model of the cable or DSL modem used in your home network?
- What (if any) is the brand and model of the router used in your home network?
- Are you behind a firewall and/or are any antivirus applications running?
- Are you using a Wireless (Wi-Fi) or Wired router?
If Wi-Fi, please check for interference:
-
Are you the only person currently on network (using the Internet), or
are other members of your household sharing the connection?
- If you have a smartphone, is it configured to share your Wi-Fi network?

* For best results, choose the server closest to your location:
US
– East Coast –> Washington D.C.
– West Coast –> San Francisco, CA
– Midwest –> Dallas, TX
UK
– London

Best regards,

Realiana
Customer Service Representative
http://support.onlive.com/

So I respond to each of the questions: 02/19/2012 06:13 AM

In what country are you located?

UK

- What is the name of your Internet Service Provider?

BT

- Is an error message displayed when you connect? If so, what is the message?

No error message.

- What are the results of the broadband quality test from http://www.pingtest.net? *

http://www.pingtest.net/result/57209759.png

- What are the results of the Internet connection test from http://www.speedtest.net? *

http://www.speedtest.net/result/1782184455.png

- What is the brand and model of the cable or DSL modem used in your home network?

BT Supplied HomeHub3 (I believe) – supplied with the BT Infinity service.

- What (if any) is the brand and model of the router used in your home network?

Same device as the BT HomeHub3

- Are you behind a firewall and/or are any antivirus applications running?

No – just the BT HomeHub.

- Are you using a Wireless (Wi-Fi) or Wired router?

BT HomeHub does Wifi – but I am not using Wifi. I have Gbit Cat5e wired ethernet connections to all devices, including the MC.

If Wi-Fi, please check for interference:

No
interference. The BT HomeHub3 is supposed to scan and pick the best
channel with no interferences. However, the issue is moot – my nearest
neighbour is 100m away and using my phone’s (android app) Wifi Analyser,
I am the only wifi network it can see.

- Are you the only person
currently on network (using the Internet), or are other members of your
household sharing the connection?

At the times of testing, I am the only one using the network.

- If you have a smartphone, is it configured to share your Wi-Fi network?

No.

Thanks,
PG

The following Wednesday I get a holding email:

02/22/2012 12:09 PM


Hello,

Thank you for the information. I will forward your inquiry
to our Technical Team for further assistance, They will contact you via
email as soon as they are able.

Thank you for your patience. Have a lovely day!

Best regards,

Realiana
Customer Service Representative
http://support.onlive.com/

And so I wait another 2 days to receive: 02/24/2012 02:23 PM


Hello,

Your issues may have to do with a couple of things. I saw
that you had run a speed test, but we would like it if you could run the
test to London.

Can you please run a test for me at
www.speedtest.net and find the white dot that represents London. Click
on that dot and start the test. When the test finishes, please click on
Share This Result, then click Copy and paste the results here.

Best regards,

Berret
OnLive Technical Support
http://support.onlive.com

2 days later, I reply:

02/26/2012 04:41 PM


Hi,

Here are some results from London based speedtests that I ran just now.

http://www.speedtest.net/result/1798764992.png

http://www.speedtest.net/result/1798810091.png

http://www.speedtest.net/result/1798812080.png

http://www.speedtest.net/result/1798812973.png

Thanks,
PG



02/28/2012 04:22 PM:


Hello,

Thank you very much for providing those links for me. Is
this issue only on your MicroConsole, or do you notice issues on you
computer as well?

Best regards,

Berret
OnLive Technical Support
http://support.onlive.com



02/28/2012 06:26 PM


Hi,

No. PC play seems to be working well.

Thanks,
PG

Sent from my Android phone with K-9 Mail. Please excuse my brevity.



03/01/2012 10:26 AM


Hey PG,

I am trying to do some research into why you are having
this experience on your MicroConsole only. Can you try and run a few
more sessions on the device, so we can get some details? When I look up
your previous sessions, they are understandably computer ones for the
most part.

I appreciate the help in figuring out your issue.

Best regards,

Berret
OnLive Technical Support
http://support.onlive.com

Now,
somehow I did not get this email :( but on Monday 5th I got a
notification that the ticket was closed because I did not reply.

From: OnLive Support [mailto:support@onlive.com]
Sent: 05 March 2012 08:22
Subject: MC blocky and crashes. [Incident: 120218-000143]
 

This ticket has been closed because we have not heard
back from you in 3 days. This is an automated message, but you can re-open the
ticket at any time by replying to this email.



I replied saying I didn’t get the earlier message, assuming it would reopen the ticket.
It
didn’t, but I was not aware of that and several days later I logged
into the web site to find the ticket still closed :(  So I open another
ticket.
 


03/20/2012 05:33 PM


Unfortunately you did not solve 120218-000143.

I did not receive the message just before you closed the ticket and so was surprised when the ticket was closed.

In your message about closing it you state:
“This
ticket has been closed because we have not heard back from you in 3
days. This is an automated message, but you can re-open the ticket at
any time by replying to this email.”

Unfortunately this is not
true because I did reply to this email with further information but this
did not reopen the ticket. Now when I look at the ticket online, it
says I can not reopen the ticket.

So with that complaint out of the way…

I wish to request a refund for this MC because it simply does not perform the function to which it is supposed to do.
Please advise as to the correct process to follow to achieve this.

Thank you
Paul Gregg

It was then I spotted on their web site the message “No refunds” and so sent a followup:

03/20/2012 06:14 PM


Oh – I just saw this:

What if I change my mind, and want to return the OnLive Game System or an accessory?

All purchases are final. No refunds.
Find comprehensive support information at: OnLive Game System.

FYI – Not only is this term unlawful – OnLive is *committing* a criminal offense in the UK.

Under
the Consumer Protection from Unfair Trading Regulations 2008 it is also
a criminal offence to mislead a consumer about his/her legal rights.
Examples might include stating ‘no refunds’ or ‘sold as seen’.

The picked it up again:

03/21/2012 04:02 PM


Hello,

Thank you for contacting us again, I apologize you had not
seen my previous message. I would happy to continue to troubleshoot
your issue with you if you are still having a bad experience. If you
would like to pursue a refund, you are correct that our policy is that
all sales are final, but we can escalate you to our billing department
to review your request.

Please let us know how you would like to proceed.

Best regards,

Berret
OnLive Technical Support
http://support.onlive.com

 

03/21/2012 05:26 PM


Hi Berret,

Thank you for your reply.
I am at the point where I believe the MC is faulty because it crashes and reboots when I start a game.

I
understand that you state all sales are final – however this is
contrary to UK law as I noted – and by even displaying this notice you
are committing a criminal offense in UK law. I trust you will rectify
this. Further, under the Sale of Goods Act, goods must be of
merchantable quality and fit for purpose. You’ve had over a month to try
and make the MC
I bought work, without success, and I am within my legal right to demand a full refund. This is what I am invoking now.

1. You will provide a full refund for the faulty MC.
2. You will provide return postage, or collection service to return the faulty MC to you.

Thank you,
Paul Gregg

03/24/2012 06:58 PM


Hello,

I will escalate your request to the billing department,
and they will explain the next steps to you. They will be in on Monday
and will address your issue as quickly as they can.

Best regards,

Berret
OnLive Technical Support
http://support.onlive.com



03/26/2012 11:13 AM


Greetings,

Thank you for contacting OnLive.

We understand that you are requesting a refund for your OnLive Game System purchase..
In order to credit your account, please return the OnLive Gaming System to following address:

ATTN: OnLive Department
LGI Logistics Group International UK LTD
4 Clarendon Drive
Wymbush
Milton Keynes
MK8 8DA

After
we receive the OnLive Game System, we will apply a refund to your
account. If we do not receive the device within 10 days from this email
date, you will not receive the refund.

If you have any other questions please feel free to ask.

Joseph
Warranty Department
http://support.onlive.com/



03/27/2012 08:32 AM


Hi Joseph,

Thank you for your message. However, I would request
that you pick the returned item up from me as is my right under Sale of
Goods Act for faulty goods.

To be clear – I am requesting a full refund (again under law) and NOT a “credit to my account”.

The device is faulty and has never performed as advertised. As is evidenced by support tickets you can see in my account.

Quote:
http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained/
“In
the case of faulty goods being returned because they are not fit for
purpose do not match their description or are not of a satisfactory
quality , the customer is entitled to claim the cost of postage from you
or to request that you arrange collection of the item.”

I will have the goods packaged in the original box available from my shipping address from Wednesday 28th March.

Thank you.

Paul Gregg



03/27/2012 11:31 AM


Greetings,

As mentioned in the terms of service that you agreed
upon when you created your account it states that “All hardware sales
subject to a 7-day right to cancel.”

You are past the 7-day right to cancel.

The
OnLive Game System you ordered was free and only the shipping cost was
charged to your account. That cost was to pay to have the unit sent to
you which it was. Shipping costs will not be refunded.

If the
unit is defective, we have no problem exchanging the unit for you at no
cost to you. Would you like for me to process an exchange for a brand
new unit for you? I can even provide you with a free 5-day PlayPass to
use on a game of your choice to try out the new system.

If you have any other questions please feel free to ask.

Joseph
Warranty Department
http://support.onlive.com/



03/27/2012 03:40 PM


Hi Joseph,

Thank you for your reply.

I would like to address each of your points in turn.

1. 7 day right to cancel:
“Notwithstanding the above, the purchase of an OGS or any other
hardware will constitute the supply of goods, and you will have seven
days (beginning the day after you receive the goods) in which you may
choose to cancel the contract.”

This quote relates to the
Distance Selling Regulations within which I would have a legal right to
return the goods, without reason, for a full refund.

This is NOT a
DSR issue. I am attempting to return the Goods under the Sale of Goods
Act as faulty. Not as described, not fit for purpose and not of
satisfactory quality. Given the dates of my support tickets, it should
be obvious that the MicroConsole was faulty when delivered. I also filed
my first ticket with the 7 days of delivery which, again, signals to
you that I have not “accepted” the Good in law.

2. “You are past the 7-day right to cancel.”

Irrelevant for reasons stated in 1.

3.
“The OnLive Game System you ordered was free and only the shipping cost
was charged to your account. That cost was to pay to have the unit sent
to you which it was. Shipping costs will not be refunded.”

Incorrect. The offer was a discounted MicroConsole @ £9.99 and £ 6.00 shipping.

4. “If the unit is defective, we have no problem exchanging the unit for you at no cost to you”

Thank
you for your offer. However, since the original contract in in breech
under Sale of Goods Act – I am legally entitled to reject the good and
request a full refund, including postage. In essence, I should not be
out of pocket since the contract is void.

Further, since you appear to be relying on DSR “7 day” notice period –
Your
attention is drawn to the Consumer Protection (Distance Selling)
Regulations 2000, specifically to regulation 14 which states that you
may not make any charge in relation to the supply of goods under a
contract whereby the cancellation of the contract is due to the breach
of implied terms of the contract (specifically implied terms in relation
to section 14 of the Sale of Goods Act).

I therefore request that you reimburse both goods and postage fees in accordance with these regulations.

Regards,
PG