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Satellite Hackers Charged Under DMCA
RexHavoc writes "'Invoking the controversial Digital Millennium Copyright Act, a federal grand jury has indicted six people on charges of developing software and hardware designed to hack into paid TV satellite transmissions.' My guess is that for those who haven't already plead guilty, they will have a tough time proving that they had good intentions, unlike Dmitry Sklyarov's e-books case."
looks like a legitimate case. the DMCA does enforce some issues that do need to be enforced. I agree that these people were in the wrong...but on the whole I still think the DMCA needs some serious re-writing.
Gentlemen...BEHOLD!
-Dr. Weird
1. Should it be illegal to tell someone how to do something?
NO
2. Should it be illegal to actually do said 'thing'.
Yes, so long as said thing violates what the citizens want to be wrong.
In the end, I don't want to be breaking the law by simply knowing something, and sharing that knowledge. That's the thing the DMCA does that scares me.
Karma: Chameleon (mostly due to the fact that you come and go).
Whether or not the intentions of the authors were good or not makes no difference. It should ALWAYS be up to the end user to exercise good judgment in usage of information. In Kenpo, I was taught how to break bones and even kill people. I have yet to break anyone's bones, other than my own, nor have I killed anyone. Should I be punished for knowing these things? Should my teacher be punished for teaching me? No. If I chose to use my knowledge unfairly, should my teacher be punished for my irresponsibility?
The DMCA is the modern day non-racial equivalent of the Jim Crow laws. If you can keep "them" uneducated you can keep "them" under control.
Everyone is entitled to their own opinion. It's just that yours is stupid.
So, they send the information to my home, without my permission. It bounces around my dish, causing interference, and then they have the audacity to say that I'm not allowed to apply mathematical operations on this noise!?
If they don't want me to pirate their signal, why did they send it to me?
But where's the crime?
DirectTV broadcast their signals to everyone. Who are they to demand how their signal is used?
To criminalize the act of decrypting satellite TV is the same as criminalizing the act of translating spanish radio into english. The radio station cannot demand that only people that understand spanish listen to it. It's just taking information that's being broadcast to everyone and translating it into a different form.
Why is it legal for me to have a cable tv descrambler and watch a cable off of a wire (which the cable company can claim ownership of) but not for me to decrypt a satalite signal from the airwaves which the statalite company cannot legimately claim ownership of?
Under current law, it seems that if someone throws a brick through my window and I pick it up, I am guilty of stealing a brick.
"Karma can only be portioned out by the cosmos." -- Homer Simpson
For *some time now*, DirecTV has been actively pursuing the legal bullying of end users who have done nothing more than purchase *any* smartcard related equipment, regardless of actual use of proof of illegal use.
DirecTV has been engaged in a sort of legalized extortion scheme against people who have purchased smartcard equipment from raided dealers in the USA, undoubtably as part of a plea bargain with such dealers. Yes, these dealers marketed their products towards DSS, but standard ISO smartcard equipment? Come on. The interesting thing about buying products from these dealers was that smartcard programmers, emulators, etc from them was MUCH cheaper than buying from a non-DSS oriented business. To put things in perspective, the average asking price to settle out-of-court with DirecTV is to the tune of $3,000 to $4,000.. again, for the mere purchase/possesion of smartcard equipment.
If you are interested in these cases as well as other satellite related legal issues, please visit http://www.legal-rights.org. There is a wealth of information here.
i swear my userid used to be lower.
Note that these were not small time players. This guy had $133,000 in DSS related monies flying through his Paypal account. (Also note that Paypal sent the FBI a transaction log, same day service, with no warrant. A sobering reminder that eBay/Paypal does not care about your privacy.)
What "satellite box" are you talking about? There is not "box" that gets hacked in this scenario. There is a card that can get hacked, but this is secondary. Let's take the example of an emulation setup for said devices. In this case, the datastream coming from the satellite provider can be logged on the emulation system without reverse engineering, "hacking", or modifying the conditional access system. One of the things the satellite provider may do is send signals down to your purchased system to alter the contents of its ROM, and change the functionality within your receiver. Any reverse engineering/hacking can be justified if it is to stop this alteration from occurring. To say that nothing legitimate can come from this hacking is obviously coming from someone that knows very little about how these systems work.
Their only viable use is to steal copyrighted presentation of satellite service
Not to be rude, but you don't know what the fuck you are talking about here. That statement is just as true as saying there is no legitimate use for DeCSS outside of making illegal copies of DVDs. The knife analogy stands here, you can reverse engineer anything you like, but as soon as you do something illegal (actually receive and watch these broadcasts, then yes, that should be prosecuted. Until that time, apparently you are guilty until proven innocent. Tell you what, go out to the net and order an ISO 7816 standard smart card programmer. I can almost guarantee you will receive a letter from DirecTV saying that you have done something illegal, and they expect you to pay them $3500 with no proof you have done anything and no due process. This will occur even if you have been using said programmer to code conditional access systems generally available (i.e. Sun's SunRay systems). Thank you for this broad generalization that justifies our current Gestapo regime. Because remember folks, those poor defenseless corporations need to be protected from us evil consumers out to get them.
Yes, I am an agent of Satan, but my duties are largely ceremonial.