whitelion
09-13-2007, 09:50 AM
Thought maybe some of you would find this interesting. What a shame and way to late for so many.
C/P from SkyReport
In a 2-1 split decision, a three-judge panel for the 9th Circuit Court of Appeals threw out a previous judgement against two alleged DIRECTV pirates saying an unauthorized decryption device law the company cited against them is not applicable. The decision upheld a lower court's ruling that denied DIRECTV's ability to file civil lawsuits against consumers it accuses of buying smart-card programmers that can be used to steal the satcaster's signal.
The case reaches back to lawsuits DIRECTV filed against two defendants, Hoa Huynh and Cody Oliver, for purchasing the devices that can, when altered, be used to circumvent the company's conditional access security. DIRECTV was appealing the lower court's decision that one of the defendants could not be held liable for violating piracy laws because it could not be proven that he sold or distributed the so-called "unloopers."
The appeals court this week said DIRECTV's interpretation of anti-piracy laws was too broad and that the lower court was correct in ruling people who sell and distribute piracy devices are separate from those who use them.
Where many in the satellite TV industry see the decision as a setback in the fight against piracy, some have supported the decision saying the ruling is important at striking a blow against the satellite giant for trying to label legitimate purchasers of smart-card programmers as criminals without proof. Researchers have noted that the devices indeed have benign uses, such as cities like New York, San Francisco and Washington, D.C. using them for "contactless" subway fare payments.
Critics have also blasted the company for sending more than 170,000 letters to consumers demanding payment of at least $3,500 and filing more than 25,000 lawsuits against users nationwide. An affidavit prepared by former DIRECTV investigator John Fisher also says the company was "trying to obtain a settlement from a letter recipient who had bought a plastic pouch that could be used to carry a smart card programmer."
The affidavit goes on to say that Fisher eventually "realized that the end user campaign was an elaborate extortion racket. The letters were full of lies or misrepresentations and we investigators were required to coerce people into paying money for stealing services when we had no proof whether they had done so or not."
End C/P
C/P from SkyReport
In a 2-1 split decision, a three-judge panel for the 9th Circuit Court of Appeals threw out a previous judgement against two alleged DIRECTV pirates saying an unauthorized decryption device law the company cited against them is not applicable. The decision upheld a lower court's ruling that denied DIRECTV's ability to file civil lawsuits against consumers it accuses of buying smart-card programmers that can be used to steal the satcaster's signal.
The case reaches back to lawsuits DIRECTV filed against two defendants, Hoa Huynh and Cody Oliver, for purchasing the devices that can, when altered, be used to circumvent the company's conditional access security. DIRECTV was appealing the lower court's decision that one of the defendants could not be held liable for violating piracy laws because it could not be proven that he sold or distributed the so-called "unloopers."
The appeals court this week said DIRECTV's interpretation of anti-piracy laws was too broad and that the lower court was correct in ruling people who sell and distribute piracy devices are separate from those who use them.
Where many in the satellite TV industry see the decision as a setback in the fight against piracy, some have supported the decision saying the ruling is important at striking a blow against the satellite giant for trying to label legitimate purchasers of smart-card programmers as criminals without proof. Researchers have noted that the devices indeed have benign uses, such as cities like New York, San Francisco and Washington, D.C. using them for "contactless" subway fare payments.
Critics have also blasted the company for sending more than 170,000 letters to consumers demanding payment of at least $3,500 and filing more than 25,000 lawsuits against users nationwide. An affidavit prepared by former DIRECTV investigator John Fisher also says the company was "trying to obtain a settlement from a letter recipient who had bought a plastic pouch that could be used to carry a smart card programmer."
The affidavit goes on to say that Fisher eventually "realized that the end user campaign was an elaborate extortion racket. The letters were full of lies or misrepresentations and we investigators were required to coerce people into paying money for stealing services when we had no proof whether they had done so or not."
End C/P