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DirecTV Extortion Program stopped by EFF

eticket writes "After several years of an Organized Extortion program DirecTV has been stopped by the EFF. As many of you may know DirecTV has been suing people who purchased card programers even if they had legitimate reasons for them. Many have settled to avoid legal issues. The problem was they had to prove innocence instead of DirecTV proving guilt. The only thing that DirecTV did was say they purchased the card programmer from a site that sold Satellite pirating equipment. Even though there are legitimate uses. Thanks to the EFF for stopping this horrible miscarriage of the legal system. "

470 comments

  1. Lawsuit! by Mz6 · · Score: 5, Interesting

    IANAL, so, the obvious question that arises is... Will those that settled be able to turn around and sue DirecTV? I know they settled, however, when they signed the settlement paperwork it was under false pretenses. Meaning that the people that bought the equipment probably thought it was illegal (at the time) to own it and settled to avoid further prosecution. I'm sure many didn't bother to contact a lawyer to determine their rights, but after such a change in policy I could see it happening. I mean DirecTV all but admitted that they were going after these people that might have had legitimate uses for it.

    --
    Hmmm.
    1. Re:Lawsuit! by LostCluster · · Score: 5, Informative

      If you settle, you are agreeing that the other side's case had merit such that you're willing to pay to make it go away.

      Those who were truely not involved in stealing DirecTV's signal should have allowed the lawsuit to go forward, let DirecTV put on their case, and then move for dismissal immediately after that case before even needing to put on a defense.

      DirecTV's case in some of these situations were so weak that they actually lost a case where the defendant didn't even show up because they didn't have enough evidence to merit a default ruling... that's a rather bad defeat when you can't beat a defense that's not even in the room. :)

    2. Re:Lawsuit! by gfxguy · · Score: 4, Informative

      YAINAL, but settling does not mean admitting guilt. I present to you all of Microsoft's settlements over the years. They never admitted any wrongdoing.

      --
      Stupid sexy Flanders.
    3. Re:Lawsuit! by dafoomie · · Score: 4, Insightful

      Those who were truely not involved in stealing DirecTV's signal should have allowed the lawsuit to go forward, let DirecTV put on their case, and then move for dismissal immediately after that case before even needing to put on a defense

      The problem there is, it still costs money to defend yourself in court, even if its rediculously in your favor. You not only need to pay your lawyer, and miss work, you also need to travel to wherever DirecTV decided to sue you. They use every legal trick to drag it out and make it as expensive for you as possible.

      They won't typicly sue people that have the means or the will to defend themselves.

    4. Re:Lawsuit! by paranode · · Score: 3, Insightful

      If you settle, you are agreeing that the other side's case had merit such that you're willing to pay to make it go away.

      Or that it would be less expensive to pay off the plaintiff than pay lawyers to go to trial. A settlement is not an admission of guilt, just a legal shortcut that could end up saving money.

    5. Re:Lawsuit! by dr_dank · · Score: 1

      Those who were truely not involved in stealing DirecTV's signal should have allowed the lawsuit to go forward, let DirecTV put on their case, and then move for dismissal immediately after that case before even needing to put on a defense.

      Many people don't have the financial resources to have a lawyer get them to that point. If DirecTV plays hardball, they can stall the proceedings and bankrupt the defendant. For some it is better to settle and be done rather than spend even more money, possibly losing the farm before getting the results they want.

      --
      Where does the school board find them and why do they keep sending them to ME?
    6. Re:Lawsuit! by michaelepley · · Score: 1

      Settlements do not have to have anything to do with the merits of the case. Often, the cost of litigation, even of a completely meritless case, is the deciding factor.

    7. Re:Lawsuit! by daveashcroft · · Score: 0

      Dah! How could you be so naive....Micro$oft can do NO wrong! Just ask uncles Bill and Steve! ;-)

    8. Re:Lawsuit! by gcaseye6677 · · Score: 4, Insightful

      That's the way settlements are supposed to work, but if an individual who has little legal knowledge and no attorney involved is presented with a lawsuit and told to sign these papers or face crippling legal bills, they might very well sign something that causes them to admit guilt, pay a bunch of money, hand over their first born, etc. An attorney would advise against this and make sure the settlement is confidential and admits nothing, but many people are not aware of this.

    9. Re:Lawsuit! by RockDoggy · · Score: 5, Insightful
      If you settle, you are agreeing that the other side's case had merit such that you're willing to pay to make it go away.

      Heh, in reality you are agreeing that a Large Company With Deep Pockets has enough money to pay their lawyers longer than you can afford to pay yours.

      While the insane legal interpretation may be that you admit the case had merit, that is rarely the case. This is why McDonalds coffee cups now have a printed warning that the contents may be hot. Duh.

      If we had some tort reform in the US, and insituted a "loser pays" system, then the truly innocent could afford to fight the good fight to the end rather than settle, and legal persecutions in the US courts would all but disappear.

      But the lawyers we elect to represent us will never let that happen... Lawyers make a living out of creating victims where there were none.

      --
      -RockDoggy
    10. Re:Lawsuit! by rnicey · · Score: 5, Interesting

      Bit fuddy of you.

      You don't have to travel out of state if you don't want to. What jurisdiction does an out of state court have over you? You have a couple of options.

      a) Mail in a motion to dismiss and ask that because of it's trivial nature you'd like to participate over the phone. It doesn't take a lawyer to fill out that form in most states.

      b) If (a) fails, or if you can't be bothered travelling to another state let them get their judgement. It's a worthless piece of paper, they have to come to your state to collect and they need to go before a local judge to enforce an out of state order. Thats when you can defend yourself much better.

      For example I just had somebody sue me in CA and the FL judge wiped his arse with it. Doesn't even touch your credit either.

      Let them get on a plane and come to you. Chances are they won't bother.

      Bottom line. A good lawyer would have no problems with a suit like this.

    11. Re:Lawsuit! by Guiness17 · · Score: 1

      The problem I always heard (not a US resident, so I'm not familiar with the legal system...) was that defending yourself even successfully would cost more than the settlement demanded.

      While some might 'fight the good fight' many would pony up, and walk away...

      --
      Imagine for a moment a world without hypothetical situations...
    12. Re:Lawsuit! by Lord+Kano · · Score: 1

      Those who were truely not involved in stealing DirecTV's signal should have allowed the lawsuit to go forward, let DirecTV put on their case, and then move for dismissal immediately after that case before even needing to put on a defense.

      Welcome to the USA. You must be new here. The legal system has nothing to do with the merits of the case. The party with the best lawyer usually wins. I don't know about you, but most people aren't willing to risk it. What you'll spend in lawyer's fees will be higher than the cost of settling. That's why groups like the EFF are so desparately needed.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    13. Re:Lawsuit! by D-Cypell · · Score: 1

      This issue of bleeding the defendant dry so they have to settle comes up time after time on slashdot.

      IANAL... but i would be willing to play one if needs be. To be honest, I think simply quoting the contents of some of posts here would be enough to get a dismissal. You dont have to have a lawyer right?

      Maybe I have a laid back-attitude to such issues, but if it were me, I think I would relish the oppurtunity to defend myself in court and win (surely I would stand a chance with a little research and facing a weak case), also this is more likely to generate some press interest.

      Hell... even a few little 'mistakes' (protocol breaches) in the court-room wouldnt go amiss surely. After all, if you are forced to defend yourself you cant be expected to be a legal eagle right? I guess the Judge will just have to put up with it...

      Come on my fellow geeks, join me as we descend on the legal system... thinkgeek t-shirt proudly on display and lightsabers ignited...

      May the courts be with you!

    14. Re:Lawsuit! by Trepalium · · Score: 1

      DirectTV got settlements in these cases because it was generally more expensive to go to trial with a lawyer than it is to settle (after lost wages, lawyer fees, expenses).

      --
      I used up all my sick days, so I'm calling in dead.
    15. Re:Lawsuit! by LostCluster · · Score: 1

      You don't have to admit wrongdoing to settle, but you do admit that you were not certain to win if the case went on and you didn't want to take the chance of losing. You can't double back and say "I want my trial now!"

    16. Re:Lawsuit! by theshowmecanuck · · Score: 5, Insightful
      You are not most people... this is what Direct' was counting on. However, you are in the right ballpark... there will always be someone who will eventually stand up. And it happened. And now Direct' has been stopped.

      But companies like this throw all kinds of crap in their letters etc. that are scarry enough to push most people aside. They're not just saying stop or I'll sue you. They put all sorts of stuff in that make it look like they have a strong case. And if you have looked through these kinds of documents, you'll know that 99% or more of the people wouldn't be able to decipher what the hell they are saying without spending money that they may not have to spend on a lawyer. Again, what Direct' and other companies like them count on.

      I doubt if your fellow geeks will stand up with you. Most I know (and I am a programmer, so I know a lot) will talk big, but won't do anything (like most people I guess... re: Liar Liar: "going to bend over and take it up the ass"). Besides geeks won't do anything in groups unless forced because they don't like working together that much (ever try to pass some working code on to another programmer without them insulting the code in some way and then re-writing sections of it... and no, I'm not talking about my code... but I'm not big headed enough to exclude it either :-). Otherwise IT jobs would not be in the exempt category for overtime (which usually means forced overtime), and there would actually be some organization to lobby hard against overseas outsourcing. If people won't work together to protect their livlihoods, I don't think they will work together to fight to be able to program a card.

      --
      -- I ignore anonymous replies to my comments and postings.
    17. Re:Lawsuit! by peg0cjs · · Score: 1

      If you settle, you are agreeing that the other side's case had merit such that you're willing to pay to make it go away.

      Actually, in many cases the settlement specifies exactly the opposite. There is no admission of guilt, or even of the merit of the case. It's just an economic decision. You determine that settling and making them go away is cheaper than defending yourself, even if you're totally innocent.

      --
      Karma: Excellent (Mainly due to Bill & Ted's Karma Adventure)
    18. Re:Lawsuit! by Anonymous Coward · · Score: 0

      Score +1 moron if you believe this would really work: Lawyers (and judges are generally what before they get elected/appointed?) speak a different language, they can turn your own words around and make it sound like you said something you surely did not mean, and can throw all kinds of technicalities at you to weaken your case. Shit any real lawyer could make this sound like an affirmation of the parent ;)

      Not to mention the fact that if you defend yourself in court you still have to go to court which means A. traveling to wherever the trial is held, and B. missing work and thus money
      both of which many of us simply cannot afford to do.

    19. Re:Lawsuit! by Noxx · · Score: 1


      Yeah. Go ahead and defend yourself, then when you lose bitch about procedural errors and lack of proper representation...see where that gets you. Prosecutors refer to defendants who represent themselves as "target practice".

      He who defends himself has a fool for a client.

      --
      Study everything, you'll find something you can use - Jason Bourne
    20. Re:Lawsuit! by neura · · Score: 1

      Sometimes it is not possible to get a settlement that admits nothing. In this case, DirecTV is in control of the settlement. EITHER party is allowed to refuse the settlement and bring the case to court. The ball is usually in the plaintiff's court... no pun intended. lol :)

    21. Re:Lawsuit! by gfxguy · · Score: 1

      That's true, and there's another difference... if MS did admit wrong doing, they'd open themselves up to a slew of new "me too" lawsuits. If one of these card users admits wrong doing during the settlement, it's not like Dish Network or someone else is going to be able to sue them.

      But I do think that, in this case, the "I was coerced into settling" might have a legal standing.

      --
      Stupid sexy Flanders.
    22. Re:Lawsuit! by sunking2 · · Score: 2, Insightful

      Those who were truely not involved in stealing DirecTV's signal should have allowed the lawsuit to go forward, let DirecTV put on their case, and then move for dismissal immediately after that case before even needing to put on a defense. Perhaps this is what happened, and nobody that was sued was not actually guilty. The truth of the matter is that probably 95% of those who bought the readers/writers/whatevers probably were doing so to circumvent DirecTV. The hardware bought for the most part weren't just generic smart card readers/writers, they were specially designed to be able to deal with DirecTV access cards. I'm not saying that what DirectTV did was right, but lets not paint a rosy picture of a bunch of victims.

    23. Re:Lawsuit! by Anonymous Coward · · Score: 0

      "so, the obvious question that arises is... Will those that settled be able to turn around and sue DirecTV?"

      And would they even need to turn around to do so?

    24. Re:Lawsuit! by Anonymous Coward · · Score: 1, Informative

      It's obvious that you are not a lawyer, and you should not be giving out legal advice. They (DirectTV) were suing in Federal Court, under a federal statute. Ignoring process from a federal court is a really bad idea.

    25. Re:Lawsuit! by Anonymous Coward · · Score: 0
      You can't double back and say "I want my trial now!"
      Deliberately incorrect legal advice from the claimant might create standing for a suit.
    26. Re:Lawsuit! by sparkie · · Score: 1

      In most cases it was cheaper to settle than it was to pay a lawyer from 1 to 10 grand to defend you. I purchased smart card equipment and was sued by directv, I retained a lawyer, and fortunately for me, DirecTV dropped their case because of a legal fopau. The other 9 people named in the lawsuit were not so lucky. They have already paid out 5 grand to their lawyer to defend them. Most are now settling for 4 grand before their lawyer fees exceed that.

    27. Re:Lawsuit! by aeryn_sunn · · Score: 3, Insightful

      Uh, what you say is not true and bad legal advice.

      First, if directTV sued you in Federal Court and the Federal Court decided that you met the requirements for personal jurisdiction in that forum, then any judgment against you is automatically valid in any state and enforceable in any state.

      Second, by the Full Faith and Credit Credit clause of our Constitution (see Art. IV) a state has to recognize a judgment reached in another state (this is for cases in state court, not federal). So again, if a state has jurisdiction over you and a judgment is entered against you in a civil case (or any case) then even if you move (hence, flee) to another state, that state has to recognize and enforce the judgment against you.

      So, what you say is not entirely true and misleading. IF you choose to ignore a civil case against you that is in another state, you better make sure that state does not have jurisdiction over you. Once a default judgment is declared against you, then the only issue you can contest later on is jurisdiction, not the merits of the case.

      For legal issues, always seek a attorney...better safe than sorry

    28. Re:Lawsuit! by Anonymous Coward · · Score: 1, Informative

      Do not -- please do not -- sit still and let some one get a judgment against you in some distant jurisdiction. When they carry that judgment to your home state, there may be NOTHING you can do to avoid it. (You do NOT get a brand new trial. Usually, the time period for appeal has expired too.)

      Please -- please -- do not take legal advice over the net. If you are sued, get a lawyer.

      IAALBIANYL--GYOGDL,YMNO

    29. Re:Lawsuit! by Anonymous Coward · · Score: 1, Interesting

      Actually, I bought an ISO 7816 standard smart card reader/writer (the same as any smart card reader for computer security, etc.) and received one of the extortion letters. I ignored it and it finally went away. It is now beyond the statute of limitations in my case, so even if they changed their mind and came after me again, it would be tossed. They wanted over $5k to settle. Still have the letter in a file, that is as far as it went. 'though I know others who were not so lucky.

      another note, since these folks were selling in such quantities, their price was cheaper than the "security" companies that were selling readers/writers for other purposes, so many legitimate buyers bought from the satelite pirates since the cost was ~$100 instead of ~$500.

    30. Re:Lawsuit! by reve · · Score: 2, Funny

      > IAALBIANYL--GYOGDL,YMNO

      I am a lawyer but i am not your lawyer -- get your own god damn lawyer, you... mother nookin' orangutan?

      Help me out here.

      --
      -- r . m o s q u i t o --
    31. Re:Lawsuit! by Anonymous Coward · · Score: 0

      You May Need One?

    32. Re:Lawsuit! by Anonymous Coward · · Score: 1, Interesting

      This is horrible advice. Most states have judges which will simply glance and write off on the order to enforce an out of state order. There's no hearing on that.

      Take traffic tickets. An acquaintence in West Virginia had a speeding ticket in northwest Pennsylvania. He says that he never heard about it. It was simply issued; now I don't buy that entirely, but who knows.

      What I do know for sure is that one day, he gets gets a letter at his home from a WV department, stating that if he didn't handle the violation, his WV license would have been suspended, due to agreement between WV and PA. I read that letter in full, envelope, postmark, and all.

      So he contacted the PA county where this was issued. He wanted to send a check to settle the fine. They said no, that he had to appear before court. He gets a lawyer to consult. Both agree that he has schedule the hearing, drive up, appear before court, pay the fine, then bring a document down to WV.

      He was never contacted about the execution of the out of state order in his home state until he received that letter, and never had the opportunity to contest it.

    33. Re:Lawsuit! by Anonymous Coward · · Score: 0

      Well, OJ managed to flee to another state (Florida) and hid his assets in the form of his house, which under Florida law cannot be taken to pay for civil damages. He declared bankruptcy and OK, he can't "work", but I think he's able to receive royalties from his previous films and doesn't pay that to the Goldman family.

    34. Re:Lawsuit! by Anonymous Coward · · Score: 0

      no, your post isn't fucking insightful.
      DirectTV was threating many people who purchased a generic card reader.

    35. Re:Lawsuit! by rnicey · · Score: 1

      You're entitled to your opinion, and I wasn't talking about federal court, of course.

      You're actually agreeing with me, the whole issue is jurisdiction. Unless you own stuff in the state you're being sued in, so what? They still need to get before a local judge to explain themselves in order to ENFORCE that judgement and get the local sheriff involved. Now they're playing on your turf and your attorney's fees are considerably reduced. I'm not saying this is the correct thing to do, a motion to dismiss based on jurisdiction in the foreign state would be my first stop.

      Bottom line, if anyone takes either of our advice without paying for an attorney they deserve anything they get.

    36. Re:Lawsuit! by ryanwright · · Score: 1

      The hardware bought for the most part weren't just generic smart card readers/writers, they were specially designed to be able to deal with DirecTV access cards.

      Let me enlighten you: DTV access cards use ASICs. It's a standard chip. I have the samn damn thing on my American Express card, for crying out loud. Nothing was "specially designed to be able to deal with DirecTV access cards", they were designed to read & write ASICs. End of story.

      Just because someone wants to read and write a commodity chip, and just because that someone happens to buy from a less than reputable dealer, does not mean company x that happens to use those same commodity chips should be able to come along and say, "Har har har, you evil pirate. Bend over while our lawyers lube you up, sweet cheeks."

      --
      -Ryan, with the unoriginal sig
    37. Re:Lawsuit! by fred911 · · Score: 1

      "For example I just had somebody sue me in CA and the FL judge wiped his arse with it"

      If you have a judgement its hit the bureau. You are correct that a judgement must be executed, usualy via a levy of property (real or personal), then a sale of said property. A levy is a pain for a constable to do. Most debtors know the levy doesn't grant right of entry to property. OTOH.. Florida is a state where one can garnish wages for civil judgements (the only one I know of).

      Throw in Federal protection of bankruptcy and all the above is out the door!

      --
      09 F9 11 02 9D 74 E3 5B - D8 41 56 C5 63 56 88 C0 45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    38. Re:Lawsuit! by jerw134 · · Score: 1

      You look like a fool throwing "ASIC" around like that. ASIC stands for Application-Specific Integrated Circuit, and is not what you read and write when working with a DirecTV access card. The ASIC is only used to calculate the decryption keys for the video packets.

    39. Re:Lawsuit! by the+grace+of+R'hllor · · Score: 1

      I thought settlement was not an admission of guilt.

      Doesn't this fall under either extortion, or perhaps even barratry if they did this a lot?

    40. Re:Lawsuit! by phearlez · · Score: 1
      Who mods junk like this up to insightful?

      While the insane legal interpretation may be that you admit the case had merit, that is rarely the case. This is why McDonalds coffee cups now have a printed warning that the contents may be hot. Duh.

      It's nothing short of amazing that the case everyone mentions to invoke the image of meritless cases is possibly one of the most just cases in the last 20 years. Stella Liebeck was injured by 180+ degree coffee (over 40 degrees over the temperature which, if you set your water heater to, you are endangering your family's health.) It was an injury which McDonald's negligence had inflicted upon at least 700 people in the preceeding 10 years[see p5 in link], counting only the ones who filed suit, not the probably 10x more who were injured and took no legal action.

      Also, Ms Liebeck was initially seeking the exorbinant sum of - wait for it - 20,000 - as compensation for the 8 days of hospitalization and skin grafts she underwent.

      Finally, as far as admitting the case had merit, McDonalds never did - they fought, lost initially and finally entered into a secret agreement with the plantiff.

      --
      Bad management trumps ideology - Show the world you want better leadership. http://www.timefornewmanagement.com
    41. Re:Lawsuit! by RockDoggy · · Score: 1
      Uh, yeah, frankly I was surprised to get modded up that high, with what (I readily admit) was not the best example to make my point... The plaintiff here wasn't the corporation.

      But...venturing slightly off topic to answer this, I think placing a coffee cup in your lap is ill advised at any "coffee" temperature. I make no character judgments about this woman, nor do I deny that she was injured or suffered from it. What I don't believe is that McDonalds is liable for anything. Coffee is hot. I say, deal with that. Don't place the cup between your legs at any time. If you do, assume you will get burned and suffer, and I think that's nobody's problem but your own.

      Now, if someone threw that 180 degree cup of coffee at you, that's a different discussion all together!

      --
      -RockDoggy
  2. miscarriage? by ack154 · · Score: 5, Interesting
    Thanks to the EFF for stopping this horrible miscarriage of the legal system.

    I had to look this one up:
    miscarriage - (mskrj, ms-kr-) n.

    1. The premature expulsion of a nonviable fetus from the uterus. Also called spontaneous abortion.
    2. 1. Bad administration; mismanagement. 2. A failure of administration or management: a miscarriage of justice.

    That just sounded like really strange wording to me, but I guess I just don't have that broad of a vocabulary.

    Also - DirecTV isn't STOPPING it's hunt... they're merely modifying it:
    satellite television giant DirecTV has agreed to modify its nationwide campaign against signal piracy in order to reduce threats and lawsuits against innocent users of smart card technology
    1. Re:miscarriage? by LostCluster · · Score: 3, Informative

      Yes, but the anti-DirecTV stand in this case wasn't that DirecTV had no right to sue people pirating their signal... it was that DirecTV needed a higher level of evidence than what they were using in order to go after a defendant in many cases.

      If DirecTV sticks to the modifications mentioned in the release, most of the complaints are going to be cleared up and DirecTV's accusations should only be going to people who they have a decent chance of winning a ruling against.

    2. Re:miscarriage? by tsg · · Score: 4, Insightful

      Also - DirecTV isn't STOPPING it's hunt... they're merely modifying it:

      It's not unreasonable for them to look for people that are actually pirating the signal. The problem with the lawsuits was that they made no distinction between those that were pirating the signal and those that had the equipment for legitimate uses. If the modification of their hunt means going from merely suing people who possess the technology to pirate the signal to suing people who are actually at least likely pirating the signal, it's a step in the right direction.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    3. Re:miscarriage? by TheDigitalRaven · · Score: 0

      Odd. Over here in the UK, the term "miscarriage of justice" is not uncommon (though less common, in these days of dumbed down media).

      Ah well, one learns something new every day.

    4. Re:miscarriage? by Anonymous Coward · · Score: 0


      you probably haven't heard this one either:

      "tis better to be silent and thought a fool, then to open your mouth and remove all doubt"

    5. Re:miscarriage? by ack154 · · Score: 1

      Actually, I think it's:

      "tis better to be silent and thought a fool, then to open your mouth and prove it."

    6. Re:miscarriage? by shawn(at)fsu · · Score: 1

      It's not uncommon here in teh states either.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    7. Re:miscarriage? by Anonymous Coward · · Score: 0

      Well, I live in the USA, and I understood what the sentence meant. Maybe the original poster recently suffered some type of brain damage.

      Now, if the phrase had been, "Thanks to the EFF for stopping this horrible undercarriage of the legal system," then I might have wondered what the heck they meant.

    8. Re:miscarriage? by untaken_name · · Score: 4, Informative

      One of the funniest things about this quote is the number of people who use it....and don't know anything about it. Not much use arguing about the exact wording, or who it's attributed to. No one seems to know for sure. There have been at least 4 different versions attributed to Mark Twain, a few to Abraham Lincoln and others to various other people. The best guess for the 'origin' (first record *I* can find, anyhow, which doesn't mean it is the absolute origin) is Proverbs 17:28 - Even a fool, when he holdeth his peace, is counted wise: and he that shutteth his lips is esteemed a man of understanding.
      No matter what your views on the truth of the bible, that Solomon guy sure had some intelligent observations attributed to him.

    9. Re:miscarriage? by Anonymous Coward · · Score: 0

      No matter what your views on the truth of the bible, that Solomon guy sure had some intelligent observations attributed to him.

      My high-priced European education (where we learn to be good citizens of the World, and not have unnecessary nationalistic ties) holds that I don't have to take this sort of religious oppression from you, you scroundel!

    10. Re:miscarriage? by Anonymous Coward · · Score: 0

      Well if you had read the damn article you would see that they are still going after people that purchase certain equipment.

      From the article.
      "DirecTV will, however, continue to investigate purchasers of devices that are often primarily designed for satellite signal interception, nicknamed "bootloaders" and "unloopers"."

      So if that is accurate it looks like they will still be targeting people making purchases of legal hardware. Are they going to take the steps to prove that people are using this hardware to illegally grab directv's signal? Based on the companies past lawsuits i would not be inclined to believe that. I guess we will have to wait and see.

    11. Re:miscarriage? by tsg · · Score: 1

      Well if you had read the damn article you would see that they are still going after people that purchase certain equipment.

      I did read the article, and if you had you would have seen this:

      "[...]DirecTV has agreed to stop targeting general purpose devices in its campaign and will investigate all substantive claims of innocence."

      From the article.
      "DirecTV will, however, continue to investigate purchasers of devices that are often primarily designed for satellite signal interception, nicknamed "bootloaders" and "unloopers"."


      Try reading what you're quoting. "Investigate" does not mean "sue". The indiscriminate lawsuits were the primary complaint.

      Are they going to take the steps to prove that people are using this hardware to illegally grab directv's signal?

      Prove it? No, but they don't have to. They only have to show a preponderance of evidence. It's a civil suit, not a criminal one. But according to the article, they have agreed to be more selective about what they do go after. Whether or not that is actually the case is yet to be determined.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    12. Re:miscarriage? by Goobermunch · · Score: 3, Informative

      I'm not sure this is such a great deal for the people.

      DirecTV will now drop its suits if the end user provides enough evidence of their innocence. DirecTV doesn't specify a quanta of proof, but we can assume that it will be whatever DirecTV wants it to be.

      In a court, DirecTV would have the burden of proving its case by a preponderance of the evidence. In effect, DirecTV would have to prove that it is more probable than not that these users were pirating their signal.

      Given the fact that DirecTV based its claims solely on the possession of a smart card encoder or emulator (or other technology), these cases wouldn't survive a motion to dismiss for failure to state a claim or a motion for summary judgment.

      Thus, DirecTV loses in court.

      I'm sure someone will complain about legal fees though. Here's the thing: In most states, and in the Federal system, it's possible to obtain sanctions for pleadings filed in bad faith.

      In this case, there's a solid argument to be made that filing a suit based merely on possession of otherwise legal equipment is . . . wait for it . . . bad faith.

      This isn't to say that what the EFF did isn't a good thing, but at the end of the day, it didn't save any of these victims either.

      --AC

    13. Re:miscarriage? by Anonymous Coward · · Score: 0

      strike 2

    14. Re:miscarriage? by Anonymous Coward · · Score: 0

      My high-priced European education (where we learn to be good citizens of the World, and not have unnecessary nationalistic ties) holds that I don't have to take this sort of religious oppression from you, you scroundel!

      My lowest-bidder American education has enough smarts to know the proper spelling of "scoundrel".

    15. Re:miscarriage? by dont_think_twice · · Score: 2

      It's not unreasonable for them to look for people that are actually pirating the signal.

      Actually, by any sensible standard, it is unreasonable. DirectTV launches satelites which send electromagnetic radiation into my house, and then they tell me that I am not allowed to use that radiation unless I pay them. DirectTV can encrypt the radiation, they can make it very difficult for me to decrypt it by scattering it over the spectrum, they can do whatever they want to prevent me from reading it. But they do not have the right to tell me that I cannot read the radiation that exists within my house. Period. The fact that the government has passed laws that allow them to do exactly this just shows how stupid our government is.

    16. Re:miscarriage? by tsg · · Score: 1

      But they do not have the right to tell me that I cannot read the radiation that exists within my house. Period.

      Question Mark?

      The only reason the signal is in your house is because they are providing it. They are only providing it because they can profit from it. The law protects their ability to profit from it. Without the ability to profit from it, the signal would not exist. The law is not depriving you of anything. Rather, it is providing the incentive for them to provide the signal. The assumption that you are somehow entitled to use that signal simply because it exists is specious. If that were the case, there would be no reason to pay for it and thus no reason to provide it.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    17. Re:miscarriage? by Anonymous Coward · · Score: 0

      It's called metaphor. The "rightful" outcome was tragically and prematurely cut off.

      But "miscarriage of justice" is common enough that it doesn't really carry the same force anymore, because people understand it without thinking.

    18. Re:miscarriage? by Nick+of+NSTime · · Score: 1

      The original quote is often attributed to Plutarch.

    19. Re:miscarriage? by Anonymous Coward · · Score: 0

      Whether usage of an idiom is common vel non varies inter alia with one's location and context, I think.

      Of course, the context in exitu is "public discussion of decisions of courts" and the location is "the United States", making a prima facia case that the poster acted inops conilii and that his vocabularly is, as noted, de minimis.

    20. Re:miscarriage? by Lost+Engineer · · Score: 2, Insightful
      I beg to differ and agree with the grandparent. It is not my job, nor is it the governments job, to protect DirectTV's profit margins. Satellite pirates cutting into your profits? Too bad. Your encryption can be broken by any script kiddie with a credit card? Sucks, don't it.
      The assumption that you are somehow entitled to use that signal simply because it exists is specious.

      Actually, that sounds like a fair assumption to me if you believe in any sort of personal freedom. The question I would ask is: what obligates me to pay for it just because theyre paying to send it? Next your gonna tell me I have to make payments to God for use of the wind.
    21. Re:miscarriage? by tsg · · Score: 3, Insightful

      It is not my job, nor is it the governments job, to protect DirectTV's profit margins.

      They are doing no such thing and I never said they were. The government is protecting their ability to profit from it the same way they protect other service providers ability to profit from their services because the ability to profit from services is good for society in general. Without that protection there is little incentive for people to provide those services and society must do without them.

      The question I would ask is: what obligates me to pay for it just because theyre paying to send it?

      Nothing is obligating you to pay for it. You either purchase the service or you don't. Whether or not enough people choose to purchase it determines whether they keep sending it. But that they are sending it does not give you any inherent right to use it without paying for it anymore than the fact that the bus is going that way anyway means you don't have to pay to ride.

      Next your gonna tell me I have to make payments to God for use of the wind.

      Oh give me a fucking break. DirecTV is not co-opting some natural occurance and charging you for something that you would have access to anyway. The wind would be there whether or not anyone chose to pay for it. The signal would disappear if nobody paid for it.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    22. Re:miscarriage? by scot4875 · · Score: 1

      The signal would disappear if nobody paid for it.

      If nobody's willing to pay for it, maybe it's not that much of a loss?

      --Jeremy

      --
      Jesus was a liberal
    23. Re:miscarriage? by dont_think_twice · · Score: 1

      The law protects their ability to profit from it. Without the ability to profit from it, the signal would not exist. The law is not depriving you of anything. Rather, it is providing the incentive for them to provide the signal.

      This might be the most insightful argument I have ever heard on why it should be illegial to "pirate" DirectTV. I still think you are wrong, but you do present a convincing case.

      The assumption that you are somehow entitled to use that signal simply because it exists is specious.

      Let me provide an analogy for you: say that somehow I find a way to profit off of people saying the word "bloogerglum". My business model is to charge people every time they want to say bloogerglum. In order to help me profit, congress passes a law that makes it illegial for anyone to say bloogerglum, unless they pay me first. All the same arguments that you make apply (nobody needs to use the word bloogerglum... without my business, the word would not even exist ...) Now clearly, this could not happen, because it would infringe on the right to free speech. I claim that the right to measure the amplitude and phase of an electromagnetic wave inside your house falls in the same catagory as freedom of speech. Obviously, the US constitution does not reflect this, but we are arguing morals here, not laws.

      So basically, I think that your argument is correct, except that it is trumped by a basic freedom that can never be infringed by the government. Of course, I had to invent the freedom to make the argument, but at least you understand where I am coming from now.

    24. Re:miscarriage? by tsg · · Score: 1

      My business model is to charge people every time they want to say bloogerglum.

      The difference here is people don't need you in order to say the word bloogerglum. They are perfectly capable of uttering the word with no help from you. The fact that you invented the word doesn't change that. Yes, the word would not exist without you inventing it (unless someone else did), but, once invented, it cannot be "uninvented". Once it exists, it exists forever.

      That is not the same with a signal. They must keep providing the signal in order for it to be useful and you cannot create the signal yourself without taking the same steps that they have. The signal must be maintained. If they stop sending the signal, it ceases to exist.

      I claim that the right to measure the amplitude and phase of an electromagnetic wave inside your house falls in the same catagory as freedom of speech.

      Nobody is claiming you can't measure the signal. What the law is claiming is that you can't use the content the signal carries without paying for it. The content of the signal is protected by an architecture which requires specific equipment, as well as specific information to decode it. All this means is that in order to decode the signal you have to make a concerted attempt to. Now, while I do not believe that every attempt to decode the signal is necessarily harmful, decoding the signal to avoid paying for it is clearly harmful. And it is this harm that the law is trying to prevent. In that the government believes providing this service is good for society, they have chosen to make it possible to profit from the service so that some will provide it. The law protecting the signal does not deprive you of anything you would have without the law because the signal would very likely not exist without it.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
  3. A step in the right direction, but... by UnCivil+Liberty · · Score: 4, Informative

    "The company will no longer pursue people solely for purchasing smart card readers, writers, general-purpose programmers, and general-purpose emulators. It will maintain this policy into the forseeable future and file lawsuits only against people it suspects of actually pirating its satellite signal. DirecTV will, however, continue to investigate purchasers of devices that are often primarily designed for satellite signal interception, nicknamed "bootloaders" and "unloopers.""

    --
    Distributed proteome folding @ WorldCommunityGrid.org
    Team Slashdot - Members:#1 Run Time:#1 Points:#1 Results:#1
    1. Re:A step in the right direction, but... by blueskies · · Score: 1

      I get the point that they threaten a lengthy and costly lawsuit to coerce people into settling, but can't they be countersued for attorneys' fees and damages for a frivolous lawsuit?

      I mean they are suing with zero evidence of signal thieft!! If i lease satelite broadcast time, am i allowed to sue every single person that purchases any type of satelite equipment without fear of paying for their lawyer fees?

    2. Re:A step in the right direction, but... by The_Mystic_For_Real · · Score: 2, Interesting

      Why shouldn't they investigate? It is surely within their rights to see if they can stop a policy that they believe is hurting their business. Whether or not they have a case is another matter, but just because they believe in limiting the rights of others does not mean they don't get the same rights as everyone else.

      --

      _____

      Thank you.

    3. Re:A step in the right direction, but... by XMyth · · Score: 5, Interesting
      The problem is whether or not they actually investigate. In the past DTV's methods of investigation is

      1. Send out extortion letters (170,000 of these mind you) demanding ~ $3500 settlement or $10,000 lawsuit.
      2. X% of letters result in settlement of $3500. Lets say 5% settled.
      3. $2,975,000 (minus overhead) PROFIT!


    4. Re:A step in the right direction, but... by Yewbert · · Score: 5, Insightful
      What still worries me about this a little bit:

      DirecTV also agreed to change its pre-lawsuit demand letters to explain in detail how innocent recipients can get DirecTV to drop their cases. The company also promised that it will investigate every substantive claim of innocence it receives. If purchasers provide sufficient evidence demonstrating that they did not use their devices for signal theft, DirecTV will dismiss their cases.

      Does evidence that you do use your smart card programming interface/hardware for legitimate purposes count towards the not-well-defined "sufficient" amount of evidence "demonstrating that [you] did not use [your] devices for signal theft"? It's the same old logical fallacy of trying to prove a negative - what evidence do they expect supports the assertion that you did not try to program cards for part of a signal-theft scheme?

      They're not very clear on this - though I (generously) presume there's some more practical definition somewhere in the process, . . . but I still think the burden of proof to even start this kind of proceeding should be on the accuser - show some evidence that each potential defendant did commit the crime. It seems that this still leaves plenty of room for harrassing innocent geeks who happen to work for companies who, for example, program industrial security systems, which could have included me a few years ago.

    5. Re:A step in the right direction, but... by FuzzyBad-Mofo · · Score: 1

      Sounds like undue enrichment to me. These guys should get together and file a class action against DirectTV.

    6. Re:A step in the right direction, but... by nolife · · Score: 4, Insightful

      Every car produced in the US has the ability to exceed any posted speed limit. Every car maker makes a point of performance and the capabilities of the cars and even note the top speed and HP. Third party companies sell modifications that increase a cars performance even more. You can not assume just because you have a car that can break the law that you are guilty of speeding. You need to be caught in the act of speeding, burning out, or driving reckless. I can go online and tell stories of me driving 120MPH in a 65MPH zone and doing burnouts in my neighborhood and still not get a ticket because I was not caught in the act or even witnessed at the scene. I have a hard time understanding how these web sites that DTV is "monitoring" for activity and the selling of these products is any different.
      "Oh, I can steal cable with this, I'll buy one" compared to "Oh, this will increase my top speed to 175MPH, I'll buy one" That does not mean I actually followed through with any of this and I may have never even opened the box or turned the TV on and watched anything without authorization.

      You do not have to go to a sanctioned track once a year to justify owning a car that can break the speed limit.

      Hell, you can buy Potassium Perchlorate, fine Aluminum powder, and some timed fuse legally online.

      --
      Bad boys rape our young girls but Violet gives willingly.
    7. Re:A step in the right direction, but... by sparkie · · Score: 1

      DTV will subpoena records from EBay, PayPal, your Credit Card company, to prove that you bought satellite equipment along with your legal smart card programmer. They're not stupid. They have many ambulance chasing lawyers behind them in all 48 states that can receive the programming. I'm already hip deep in it with them, fortunately for me, they messed up while serving me and dropped the accusation. My business partner was not so lucky. And this has been going on well over a year already, and there is no end in sight. Currently, they have until February of 2005 for 'discovery'.

      If the information is out there, they will get it. Especially if you paid with credit cards instead of cash.

    8. Re:A step in the right direction, but... by Anonymous Coward · · Score: 0

      Whatever happened to this lawsuit?

    9. Re:A step in the right direction, but... by loraksus · · Score: 1


      Does evidence that you do use your smart card programming interface/hardware for legitimate purposes count towards the not-well-defined "sufficient" amount of evidence "demonstrating that [you] did not use [your] devices for signal theft"

      It doesn't matter. The cost of a plane ticket to federal court and a lawyer exceeds the cost of the settlement. That is where the problem is.

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    10. Re:A step in the right direction, but... by (C)0N0(R) · · Score: 1

      As far as I know, the current (P4,P5,etc.) cards have no current hack. The previous cards (P3, etc.) no longer work (except for the audio signal and DTV's own channels) at all. Makes me wonder...

      Also, from a random site <http://www.watchintv.com/terminology.php>:
      Bootloaders- Device designed to circumvent the Black Sunday ECM. The device is shaped like an access card on one end, and has an access card slot on the other. A Black Sunday ECM'ed H-card is placed into the slot, and then the entire setup "becomes" the new, fixed H-card. When a hacker wishes to program this card, he simply inserts the bootloader with H-card into a programmer (since the bootloader has an end shaped exactly like the card) and does so. The device works by glitching past the test of the security area. As of late, DirecTV has implimented hashing on bootloaders, making them useless for anything but emulation.

      Unlooper: This is a powerful type of card programming hardware that is able to 'unloop'cards(with proper software) by in a sense, glitching the card. many testers who must program multiple cards will use unloopers due to their speed.

      So, DTV doesn't seem to have a clue, as bootloaders have not been commonly used in several years, and the unlooping can be done with software (see http://www.angelfire.com/trek/bigv0001/winexplorer .htm for exmple) on a common ISO card r/w.

      http://www.dssmili.com/whole_frame.html has been one of the few sites with legit info.

      --
      The light at the end of the tunnel is a train.
    11. Re:A step in the right direction, but... by UnCivil+Liberty · · Score: 1

      Yeah, like I would donate to the ACLE and the EFF. That is almost as hopeless and retarded as donating to Kerry '04. Have fun wasting your money, moron. Today's news shows exactly why donating to the EFF isn't helpless or a waste of money.

      --
      Distributed proteome folding @ WorldCommunityGrid.org
      Team Slashdot - Members:#1 Run Time:#1 Points:#1 Results:#1
    12. Re:A step in the right direction, but... by Frank+T.+Lofaro+Jr. · · Score: 1

      Every car produced in the US has the ability to exceed any posted speed limit.

      Not the Geo Metro or for that matter, any electric car.

      :)

      Hell, you can buy Potassium Perchlorate, fine Aluminum powder, and some timed fuse legally online.

      Okay Mr. Bin Laden, the police will be over shortly.

      --
      Just because it CAN be done, doesn't mean it should!
  4. Nice spin from the EFF as usual by Anonymous Coward · · Score: 2, Informative

    Buried deep in the press release:

    DirecTV will, however, continue to investigate purchasers of devices that are often primarily designed for satellite signal interception, nicknamed "bootloaders" and "unloopers."

    Doesn't sound like DirecTV will be cowing to anyone's demands.

    Also, smart quotes are stupid in MS Word, and they are stupid in Unix documents.

    1. Re:Nice spin from the EFF as usual by stratjakt · · Score: 5, Insightful

      But bootloaders and unloopers exist solely for the purpose of unscrambling satellite signals.

      Arguments about "if the signal reaches my house I should be able to use it" aside, this is how the law stands, and that's who they should be after.

      It's like the diffence between an xbox mod with a hardcoded version of a hacked MS bios vs doing it yourself with a blank EEPROM. The first is an infringement if it ships out with MS's IP (which is why all current mods ship out blank, or with cromwell), the second is just a stock part you can get at any decent electronics shop.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:Nice spin from the EFF as usual by XMyth · · Score: 5, Informative

      No, unloopers exist for repairing smartcards. Check out SDLOGIC's equipment. They sell unloopers for purely legitimate purposes yet DTV is intending to sue them.

      Bootloaders as well have legitimate uses....they can be used for retrieving critical data off physically damaged smartcards.

      If the wording of the EFF's statement is held true, and DTV actually INVESTIGATES these purchases rather than carpet bombing the customer lists with extortion letters, then it will be what we've wanted since the beginning. This is only half.

    3. Re:Nice spin from the EFF as usual by Guiness17 · · Score: 1
      But bootloaders and unloopers exist solely for the purpose of unscrambling satellite signals.
      Maybe, but generally speaking, ALL of the devices sold at those sites are refered to as such. So if you wanted a programmer for legal purposes, chances are you got one that was marketed as a bootloader or unlooper.
      --
      Imagine for a moment a world without hypothetical situations...
    4. Re:Nice spin from the EFF as usual by Anonymous Coward · · Score: 0

      Unloopers are programmable glitch generators. There might be a legitimate reason to own one if you work with ISO smart cards and lock yourself out quite a bit, but no legitimate reason for a home user to use one for their DTV smart card. If a card belonging to Dave suddenly 'stops working', you just give him a call and swap it out. This is the same as if your digital cable converter box stops working--you don't pull out the tools and fix it yourself. Instead, you call the cable company to get another one.

      Bootloaders are also glitch generators, but have the glitch point hardcoded in the firmware. Upon reset, the microcontroller waits xxx clock cycles, then glitches in order to bypass the security that would otherwise lock up the card. After that point, the card will run normally. Note that these devices existed solely for the long-since discontinued 'H' card to circumvent the 'Black Sunday' electronic countermeasure that otherwise locked up the card by writing to a OTP area. At the time of the lawsuit/letter campaign, I think that the H cards were already disabled.

    5. Re:Nice spin from the EFF as usual by Anonymous Coward · · Score: 0

      Also, smart quotes are stupid in MS Word, and they are stupid in Unix documents.

      No, they aren't. They are smart, hence the name.

    6. Re:Nice spin from the EFF as usual by XMyth · · Score: 1

      The point is both devices (not so much the bootloader, but still the argument could be made) have LEGITIMATE uses. Period. DTV doesn't get to say whether or not you or I should be able to legally own one.

    7. Re:Nice spin from the EFF as usual by whoever57 · · Score: 2, Insightful
      But bootloaders and unloopers exist solely for the purpose of unscrambling satellite signals.

      Maybe, but the reason that many people bought programmers with those capabilities was that those programmers were cheaper than programmers without those capabilities.

      So now people should be sued for trying to save a buck?

      --
      The real "Libtards" are the Libertarians!
    8. Re:Nice spin from the EFF as usual by macdaddy · · Score: 3, Insightful

      That's an absurd notion. Just because something is marketed as being able to do something illegal has absoultely no merits on what one actually does with the product. Lets say for example that Beretta advertised their 92FS as being able to 'cap gang bitches with ease' or Ford advertised their F150 as 'being able to transport 1000lbs of drugs'? Just because the product was advertised as being able to do something illegal doesn't mean that I, Joe Blow Consumer, will do something illegal with it. The notion that a person wanting an unlooper for legit purposes will buy one from a company that doesn't advertise the product as being able to do something illegal is absurd. What if that company charged twice as much for the "legit" unlooper than the company that advertised all the illegal things it could do? Would you expect someone to pay twice as much for the same thing? That notion is absurd.

    9. Re:Nice spin from the EFF as usual by Guiness17 · · Score: 1

      I don't know if you meant to reply to me or the parent, but you made my point better than I did.

      What I was trying to say was that regardless of what purpose you wanted the programmer for, you likely bought one that was marketed as capable of illegal purposes.

      So their marketing ends up being the basis for the suit against you. While that may be absurd, they successfully did it for a while.

      --
      Imagine for a moment a world without hypothetical situations...
    10. Re:Nice spin from the EFF as usual by macdaddy · · Score: 1
      I don't know if you meant to reply to me or the parent, but you made my point better than I did.

      LOL, it's hard to say. I have a tendancy to fat-click the reply to links. :-) I'm too lazy to go back and search for the chat section too. It sounds like we're saying the same thing though.

  5. Innocent until proven guilty? by emf · · Score: 5, Insightful

    While I guess it's a step in the right direction, reading this part just drives me nuts:

    "The company also promised that it will investigate every substantive claim of innocence it receives. If purchasers provide sufficient evidence demonstrating that they did not use their devices for signal theft, DirecTV will dismiss their cases."

    Oh, now I have to provide "sufficient evidence" that I'm not guilty? Whatever happened to innocent until proven guilty? Shouldn't the burden of proof be on their side?

    Basically, the bully is going to try to be a little nicer.

    Ahh, thanks.

    1. Re:Innocent until proven guilty? by strictnein · · Score: 5, Insightful

      They are using lawsuits, much like the RIAA/MPAA. You may very well be "innocent", but the costs of defending yourself in court are so high that it's just not worth it. For the companies the cost is minimal, as much of its work can be done in house by their teams of full time lawyers.

      It's an absolutely disgusting practice.

    2. Re:Innocent until proven guilty? by djaj · · Score: 4, Insightful

      Of course you're innocent until proven guilty. In a court of law, that is. You'll have to spend a lot of money to get into that court of law, though. If you don't want DirecTV to force you into that court of law, and spend all that money, then you'll have to convince them that it isn't worth their money to do so.

      That's all this means. They're going to be slightly more careful in their extortion attempts.

      --

      Your mileage may vary, but mine is constant.

    3. Re:Innocent until proven guilty? by LostCluster · · Score: 5, Informative

      Just like the contrary verdicts in the OJ Simpson murder cases... you can be not guilty of a crime, but still be liable for that same crime because the criminal standard is "beyond reasonable doubt" and the civil standard is "a perponderance of the evidence".

      In short, as long as DirecTV's evidence alone implies that it's more likely than not that you stole their service, you're going to need to put on an affirmative defense to tip the scales back into your favor. They don't need to prove you guilty...

    4. Re:Innocent until proven guilty? by base3 · · Score: 2, Insightful

      Until someone whose life they ruined goes in and shoots up one of their offices. Not that I'd ever advocate violence against agents of such a company, but there is nothing more scary than someone with nothing to lose who's been wronged.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    5. Re:Innocent until proven guilty? by tsg · · Score: 4, Informative

      Oh, now I have to provide "sufficient evidence" that I'm not guilty? Whatever happened to innocent until proven guilty? Shouldn't the burden of proof be on their side?

      Technically, it's not a criminal case, but a civil case. Civil cases are decided on "preponderance of the evidence". "Innocent until proven guilty" is only for criminal cases. The plus side is that the accusation "he has the technology to pirate the signal, therefore he has pirated the signal" is easily refuted by showing a legitimate use for the technology. But, our legal system being as it is, it's usually much cheaper for the defendant to settle the case than to fight it, which is what witch hunts like these (and, oh, the RIAA comes to mind) rely on.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    6. Re:Innocent until proven guilty? by Trepalium · · Score: 5, Informative

      Of course you're innocent until proven guilty. In a criminal court of law, that is. In a civil lawsuit, more likely than not is usually good enough.

      --
      I used up all my sick days, so I'm calling in dead.
    7. Re:Innocent until proven guilty? by geoffspear · · Score: 1

      The "innocent unless proven guilty beyond a reasonable doubt" standard only applies to criminal cases in the US. In a civil lawsuit, all the plaintiff needs is a preponderance of evidence. If they have evidence on their side and you don't have sufficient evidence to rebut it on yours, you lose.

      --
      Don't blame me; I'm never given mod points.
    8. Re:Innocent until proven guilty? by awkScooby · · Score: 1
      Oh, now I have to provide ?sufficient evidence? that I?m not guilty? Whatever happened to innocent until proven guilty? Shouldn?t the burden of proof be on their side?

      In court, the burdon would be on them. They're saying that they will drop their charges if you prove your innocence to them.

      I've looked into smartcard writers for legitimate purposes, and it's absurd that these clowns think they could demand money from me just for purchasing equipment which has many uses other than piracy. I would have to think long and hard about how I would respond if I got one of their letters, but a RICO counter-suit comes to mind (extortion anyone?).

    9. Re:Innocent until proven guilty? by salvorHardin · · Score: 1

      I think you're right - I coulda sworn the burden of proof lies on the shoulders of the prosecution, not the defense. Would indeed be fun to turn up to such a court hearing, and make the case that yes, whilst you do admit buying such equipment, you also wish to confess to buying enough petrol in your lifetime to burn down a whole city block, and taking enough dihydrogen monoxide to kill hundreds of people, and that you have also learned to read another language, possibly making you vulnerable to evil influence from foreign empires.

    10. Re:Innocent until proven guilty? by EinarH · · Score: 2, Insightful
      Isn't this an obvious sign that it is something wrong with the legal system since the system does not account for any of the financial differences between Joe Smart Card and megacorp?

      The only way it makes sence is if one think about the megacorp as a person who is accidentally richer.

      Justice for all..with money.

      --

      Melius mori in libertate quam vivere in servitute.

    11. Re:Innocent until proven guilty? by sage2k6 · · Score: 1

      Since when are people innocent until proven guilty? Guilty until proven innocent is more like it. The US government set the example for all to follow......

      Plus, who's gonna bother with the court cases? spend $400 on a fine of $100.....not economical. There is of course the time loss at work because of court......

      --

      -----
      "If everything seems to be going well, you obviously don't know what the hell is going on." - Murphy's Law
    12. Re:Innocent until proven guilty? by Lodragandraoidh · · Score: 1

      Be sure to shoot up the lawyer's offices, and not the innocent call center or technical operations folks, who are geeks like the rest of us...

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
    13. Re:Innocent until proven guilty? by Anonymous Coward · · Score: 0

      You ARE guilty until proven to posess a fat wallet.

    14. Re:Innocent until proven guilty? by Anonymous Coward · · Score: 0

      Something along those lines was tried and it failed, with attorney fees awarded to DTV. I think it pretty much bankrupted the unfortunates who went in on it.

    15. Re:Innocent until proven guilty? by Anonymous Coward · · Score: 0

      Whatever happened to innocent until proven guilty?

      Hey, moron, we are not talking about the criminal court system here. In civil court, there is no presumption of innocence, in fact there is not even a declaration of guilt. The court simply decides if you are liable for what somebody claims you did. If somebody accuses you in a civil case, the burden of proof is most definitely on your side.

    16. Re:Innocent until proven guilty? by tsg · · Score: 2, Insightful

      Isn't this an obvious sign that it is something wrong with the legal system since the system does not account for any of the financial differences between Joe Smart Card and megacorp?

      Absolutely, and that's what the argument is about. Joe Smart Card finds himself on the end of a lawsuit which will cost him a ton of money even if he wins. It's the cost of the legal process which makes this kind of extortion possible. Some people have suggested a system where the loser pays the winner's legal fees, but there are problems with that also. Someone with a legitimate but hard-to-prove claim may not have the financial resources to risk losing.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    17. Re:Innocent until proven guilty? by goodhell · · Score: 1

      I had a question as to how this might relate to the RIAA/MPAA. They've been doing a lot of lawsuit slinging and some of it seems much like extortion to me. How would this case effect them?

      They've been doing the 'prove your innocence' gambit for a while. To me this sounds quite a bit alike.

      Any comments?

    18. Re:Innocent until proven guilty? by julesh · · Score: 1

      Some people have suggested a system where the loser pays the winner's legal fees, but there are problems with that also. Someone with a legitimate but hard-to-prove claim may not have the financial resources to risk losing.

      We have a system a little like this in the UK, and I think it works very well. Cost awards aren't _always_ given, but they usually are if the case is very onesided. Like the ones in question would be; it essentially means you can't get away with threatening legal action on a case that has no merit whatsoever. But if there's any real contest, both parties usually end up paying their own costs.

      Small claims ( GBP 5,000 = about $8,000 US) have limited costs which most people should be able to afford, and there is state aid for those who can't.

    19. Re:Innocent until proven guilty? by tsg · · Score: 1

      We have a system a little like this in the UK, and I think it works very well.

      I know even less about UK law than I do about US law.

      Small claims ( GBP 5,000 = about $8,000 US) have limited costs which most people should be able to afford,

      Small claims in the US are typically $1500 (roughly GBP 900) or less, carry small filing fees, and no lawyers are used.

      and there is state aid for those who can't.

      No such luck here. The only time you are (theoretically at least) provided with lawyer in the US if you can't afford one is in criminal cases.

      It would also be interesting to compare attorney fees in the UK versus the US...

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    20. Re:Innocent until proven guilty? by LostCluster · · Score: 1

      However, there still is a presumtion in favor of the defendant in a civil court. That is to say, any holes in the story are assumed to be filled with the most favorable possiblity for the defendant, the plantiff has to come up with some evidence if they want the court to find otherwise.

      If a device can be used only to hack DirecTV, then the purchase of the device can be used to draw the conclusion that the defendant used the device to do so. However, if there's any other possible use of the device, that use is going to get assumed until DirecTV can show otherwise... the defendant doesn't even need to show that they used it the legal way until there's evidence that they didn't to contradict...

    21. Re:Innocent until proven guilty? by (C)0N0(R) · · Score: 1

      Why it is "until" rather than "unless." I think it was Edwin Meese who once said that accusation implies guilt.

      --
      The light at the end of the tunnel is a train.
  6. So... should i go with Dish Network by strictnein · · Score: 4, Interesting

    As someone is the market for cable/satellite service I had been looking for a way to really differentiate between Dish Network and DirectTV. I think my decision has now been made. Or, does Dish Network also like to sue people?

    1. Re:So... should i go with Dish Network by Mz6 · · Score: 1
      "As someone is the market for cable/satellite service I had been looking for a way to really differentiate between Dish Network and DirectTV. I think my decision has now been made. Or, does Dish Network also like to sue people?"

      Well... Are you looking to purchase the Smart Card readers? I am not sure I understand your question based upon the topic at hand. Are you simply comparing 2 satellite companies based upon their lawsuit ratio?

      --
      Hmmm.
    2. Re:So... should i go with Dish Network by Anonymous Coward · · Score: 0

      Dish Network owns Directv

    3. Re:So... should i go with Dish Network by Anonymous Coward · · Score: 0

      No, Dish Network hates money and encourages as many people to steal their signals as possible.

    4. Re:So... should i go with Dish Network by strictnein · · Score: 4, Insightful

      Well, I would like to direct my business to companies whose practices do not include abusing our court system. From my point of view the two companies seem to offer very similar service. So, if I'm going to choose one over the other, picking the one that's less lawyer/lawsuit happy seems like a perfectly legit reason.

      I don't forsee myself buying a smart card reader, but who knows? I'm not one to try and pirate cable/satellite, but I might just be curious and want to poke around with the hardware that I own (I will be buying my own hardware, not leasing it).

    5. Re:So... should i go with Dish Network by TGK · · Score: 2, Insightful

      Dish doesn't usualy sue people over this sort of thing. They have other methods of preventing piracy.

      Actualy, when push comes to shove, DirecTV's content protection scheme is weaker, which is one of the reasons they have such a problem with piracy.

      You don't see Dish doing this because there just aren't that many people that actualy pirate the signal.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    6. Re:So... should i go with Dish Network by LostCluster · · Score: 1

      DirecTV recently changed ownership hands from being part of GM to being part of News Corp. Therefore, I think this change of heart has a lot to do with a change in the bosses involved. I think it's safe to assume the people who came with this scheme aren't in power there anymore.

    7. Re:So... should i go with Dish Network by strictnein · · Score: 3, Informative

      Dish Network owns Directv

      Uhmm... no they don't.

      Dish Network == EchoStar
      DirecTv == Rupert Murdoch (and friends)

      If I recall, they tried to merge awhile back, but were not allowed to.

    8. Re:So... should i go with Dish Network by untaken_name · · Score: 1

      Dish Network owns Directv

      Translated to avoid confusion:

      Dish Network pwns Directv.

    9. Re:So... should i go with Dish Network by silas_moeckel · · Score: 4, Informative

      Dish Network's customer services is horid and they like to charge and hold onto funds forever. There compression quality is pretty bad as well as compared to Directv. In my own case I got the equipment and service from directv got the install signal strength in the 90's good line of sight etc all with a 30 day no penalties right of return. Well there compression is horid it's as bad as my local cables digital offerings or directv's local channels. So I called up to retunr it. That took nearly two hours mid afternoon on a weekday between operators that insisted I had a year contract etc etc etc, a manager finialy honored there contract and accepted the cancelation and told me to call the installer to pick up the gear. Funny the installed didn't want to and took 3 weeks to do so even leaving me the dish on the roof. 3 months later a funny charge showed up on the plastic I used to setup the account for like 400 ish from them. I called and it tooks hours and hours with them insisting that I broke contract. I had to fax them the recipt for the returned equipment and my contract with the 30 day return 3 seperate times. They then claimed that I didn't realy cancle till the equipment was picked up not when I called them so was over the 30 days and still owed them. A round with my credit card company and the BBB finialy got it resolved and a credit nearly 4 months after they charged it.

      I have had Directv for six years now and have never had those issues. One bad tivo in shipping but nothing like this experience. I'm comparing service on a wide screen CRT and DLP rear screen and dish has much more noticable compression artifacts to my eye. Directv I beleive has the ability to alocate varing ammounts of bandwith on a per channel basis where dish is fixed meaning that cnn dosent look as good as HBO but who cares about CNN but your HBO HD should look great.

      Again this is just the comments of one person with a bad experience with dish.

      --
      No sir I dont like it.
    10. Re:So... should i go with Dish Network by Dun+Malg · · Score: 2, Interesting
      Actualy, when push comes to shove, DirecTV's content protection scheme is weaker, which is one of the reasons they have such a problem with piracy.

      DirecTV doesn't have a problem with piracy right now. They shut down the entire P3 series of cards (the hackable ones) and there is no known hack for the P4 or higher cards. Currently there are hacks for Dish.

      --
      If a job's not worth doing, it's not worth doing right.
    11. Re:So... should i go with Dish Network by strictnein · · Score: 1

      Directv is suing people for simply purchasing hardware (smart card readers, etc) from sites that also sell hardware for pirating satellite TV. They're not suing people because they have proof of them pirating their service, who are people they should be suing and going after.

      Smart card readers have a lot of legitimate uses. Should we start suing people who have bought guns, because they may be using them to rob people, or suing people who own a car, because they may drive drunk?

      Maybe you should read up?

    12. Re:So... should i go with Dish Network by log0n · · Score: 1

      Dish Network also requires a HUGE ass dish - oval shaped and 36" across the largest diameter. I had signed up for Dish Network over DirecTV (DN has TV Japan ^_^) but my home owners association ended up prohibiting the installation of the service because of the unsightlyness of the dish.

      FWIW..

    13. Re:So... should i go with Dish Network by Anonymous Coward · · Score: 2, Interesting

      Dish network are assholes too.

      They advertise HD receivers on their website, so I called to order one. I was told that there were none in stock, and that the price might vary, but they would take my order and call me when one was available.

      I received the phone call - good - and then they wanted to make an appointment to install it. I told them I didn't need it installed, just ship it. They said no, they only sell them under their conditions, which requires a year's subscription to their HD programming, signing up for automatic payments (direct debit of credit card or bank account), and giving up the old receiver to be replaced by the HD receiver.

      I said no, I had just ordered a receiver, I wasn't interested in their special deal, just charge me the full price listed on their website, which I had agreed to when ordering, and just ship the receiver. No way, won't do that.

      So I complained to a whole range of people, each passing me off to someone else. Eventually I spoke to someone int marketing, who promissed faithfully thast someone who had authority to vary their policies would call back - no call.

      So I looked up the phone number of EchoStar's general council and called him. He had left early, so I settled for talking to a lwayer in their legal department. I explained that we had a contract - they advertised a product with a price, I gad agreed to pay that price, and they had agreed to deliver, and I wanted them to uphold their end of the contract.

      He understood completely what I was taling about, and promissed to get back to me. 10 days later I am still waiting.

      I checked with a local Dish reseller, he is not allowed to sell a receiver to me. He can only sell into new accounts. Existing accounts have to be handled directly by Dish, who are building up local centers full of Dish employees to handle the work. They are trying hard to be just like a cable company, just no cables involved. He claimed that the reason was that they wanted to control the installations to stop people being able to pick up the receiver and take it with them to the beach house (or wherever) - they want to ensure they get that extra revenue!

      I am SERIOUSLY thinking of just forgetting Dish and going 4DTV - the equipment is more expensive/clunky and it needas a big dish, but at least the quality of the signals is MUCH higher.

      I am also considering sueing Dish for breach of contract...

    14. Re:So... should i go with Dish Network by Ath · · Score: 2, Informative
      You think so? Then you never had to deal with News Corp. They are a bunch of blood sucking assholes that would rather drag you through hell than admit wrongdoing.

      There is a reason they are despised in every industry they are in. Rupert Murdoch is a major asshole and everyone knows it. I am pretty sure he prides himself on it.#

      I think DirecTV knew from the beginning that there was about a 1-2 year life span on their approach of threatening lawsuits. Once they started filing them, people were going to fight those lawsuits. Judges across the company have started throwing many of the claims out from the very start. And once cases got to discovery like depositions or even trial, DirecTV had absolutely no case because they never once could provide any evidence that a person was pirating their signal.

      Case law was pretty clear. Even possession of devices which allowed an individual to pirate signals is not sufficient. They have to prove actual usage (and therefore theft). Besides the fact that a smartcard programmer doesn't do anything by itself. You still needed a computer, advanced software to program DirecTV's cards along with the personal knowledge how to do it all.

      Currently, no one can pirate their signal so I am sure that factored into their change of approach too.

      But it definitely was not the love of good old News Corp that brought this shit to an end.

    15. Re:So... should i go with Dish Network by wintermind · · Score: 3, Interesting

      Your home-owners' association cannot (under most circumstances) prohibit your placement of a dish under one meter (39.37") in diameter: Over-the-Air Reception Devices Rule. I understand that you may not want to get into a confrontation with the local Neighborhood Nazis, but you do have rights that they cannot curtail even with a written neighborhood code.

    16. Re:So... should i go with Dish Network by Lehk228 · · Score: 1

      actually i beleive that FCC regulations prohibit the homowners association from interfering with your right to access a broadcasted signal.

      --
      Snowden and Manning are heroes.
    17. Re:So... should i go with Dish Network by Anonymous Coward · · Score: 0

      well, if you're planning on purchasing Dish Network you'll be surprised to know that you can't "own" your own hardware. I guess it depends on what your definition of "own" is, you get to keep it if you cancel service, but you can't muck around with the hardware without breaking your service agreement. This is why Dish Network can physically damage a modded Dish Network receiver without the liability for the hardware, cuz its thiers, not urs.

    18. Re:So... should i go with Dish Network by BonrHanzon · · Score: 1

      This may not apply to the slashdot crowd, but if you want to see all the NFL games, only DirecTV has NFL Sunday Ticket.

    19. Re:So... should i go with Dish Network by IANAAC · · Score: 1

      I've had dish for almost three years now, and my two dishes (one is for international) aren't nearly 36 inches. I haven't measured, but they're more along the lines of 20-22 inches.

    20. Re:So... should i go with Dish Network by Anonymous Coward · · Score: 0

      you had a superdish, which is not required in most areas, only areas on the fringe coverage of where the locals are available. most dish recievers only need the standard dual LNB model, not the tri one... aka superdish.

      Also your homeowners assoc cannot bar you from getting superdish installed... its under the limit, just barely, but tell them to shove off.

    21. Re:So... should i go with Dish Network by gcaseye6677 · · Score: 1

      Remember this is the company that sued Al Franken over the title of his book, and got laughed out of court. They even considered suing one of their own subsidiaries, Fox Entertainment, because the Simpsons writers made fun of Fox News in an episode. Frivolous lawsuits are very much a part of News Corp.

    22. Re:So... should i go with Dish Network by cayenne8 · · Score: 1
      "well, if you're planning on purchasing Dish Network you'll be surprised to know that you can't "own" your own hardware. "

      I'm not sure this is quite correct. You can easily buy used Dish systems off eBay, and subscribe them to Dish. You can not use Dish with it and point it to some Canadian satellite I do believe...needs a bit different card...but, can be done pretty easily as I understand it...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    23. Re:So... should i go with Dish Network by LostCluster · · Score: 2, Informative

      Matt Groening later admited that Fox News never threatened to sue, he was just joking. Fox News all along claimed that there was no lawsuit threatened...

      The apparent source of all of this was that the show got a "network note" about one of their scripts that mentioned a news ticker underneath Kent Brockman pointing out that if they were going to do that, they'd have to make the headlines funny enough such that somebody just tuning in would not confuse it with the real Fox News ticker. The Simpsons staff thought that was a little overprotective... like they'd put anything that could be mistaken for real in such a ticker.

    24. Re:So... should i go with Dish Network by Reziac · · Score: 1

      In most states, once that dish is attached to the roof, it legally belongs to the owner of the property.

      Which is why I have an unused satellite dish sitting on the roof of my rental house.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    25. Re:So... should i go with Dish Network by Phreakiture · · Score: 1

      I've been a Dish Network customer for several years now. I am very pleased with the system, performance, etc. Some less-popular channels have kind of low bitrates, and get a little grotty and laggy sometimes, but that's to be expected.

      --
      www.wavefront-av.com
    26. Re:So... should i go with Dish Network by Hall · · Score: 1

      Dish Network has a new dish called "SuperDish". Damn, lots of dishes there... It's normally used to pick up either their 105' or 121' satellite, in addition to their normal 110' and 119'. I have one and it *is* around 36" across (similar in size to the old Primestar dishes).

    27. Re:So... should i go with Dish Network by confused+one · · Score: 1

      I don't know what you were looking at; but, my Dish Network dish is only 18-20"

    28. Re:So... should i go with Dish Network by warrax_666 · · Score: 2, Funny
      [...] to make the headlines funny enough such that somebody just tuning in would not confuse it with the real Fox News ticker.

      Hehe, maybe they thought that the fact that the news was being presented by a cartoon character wouldn't be enough indication that the ticker was not real.
      --
      HAND.
    29. Re:So... should i go with Dish Network by 4minus0 · · Score: 1

      Both companies offer similar programming, it basically boils down to the guide service. I dropped the local digital cable service(Charter blech) because the online guide sucked so bad and the pixellation due to compression. Dish and Direct both have PiP while you're surfing the guide and offer RF remotes which are really nice to have.

      I have DirectTV and have friends with DirectTV and friends with Dish. I personally like DirecTV's guide much more than the spartan guide offered by Dish Networks. I have never experienced pixelation due to compression whereas I've seen it several times on my friends' Dish Network systems. I'm moving at the end of this week so we'll see how DirecTV's "pack up your receiver and go" works. I don't suffer fools when it comes to money out of my pocket :)

      Almost forgot that the PVRs for each differ and that in itself may sway your choice one way or another. I don't have any experience with either one but a friend has the Dish PVR and he's a fan of it. DirecTV offers(offered?) DirecTivo. Go to a local retailer with both and try them out and go with the one with the guide that strikes your fancy. Good luck, I love my 5.1 DTV setup especially compared to the craptacular digital cable offered by Charter.

      --
      You've got an easy breezy wind at your back...most of the time.
    30. Re:So... should i go with Dish Network by Insightfill · · Score: 1
      Well there compression is horid it's as bad as my local cables digital offerings or directv's local channels

      I once had to talk to DishNetwork tech support about a bad box, and while I was on the phone (with level 2 support!), I asked in passing about the compression artifacts that had really started showing up. He informed me that if was referring to compression like on a computer file or something, that they don't do that, and that any compression I was seeing was due to THEIR content providers doing it. Apparently, some of their more experienced techs think that they're streaming raw video to us or something.

      Oddly enough, by name it was the same guy who a year prior (then level 1) was telling me that the periodic cross-clusters on my PVR were probably due to being plugged into a surge suppressor, and that my problem would go away if I plugged the unit directly into the wall. This was in spite of tons of complaint boards that had posted the same issue on the same box.

      My disabled mother-in-law lives with us and watches about 12 hours of TV a day, but when she moves out, we're pulling the plug on those idiots.

    31. Re:So... should i go with Dish Network by dcgaber · · Score: 1

      I don't believe you own the smart card that comes with the receiver. You can purchase the receiver, but the card is still property of dtv. I don't have one in front of me, but I think it even says it on there. And if they want, they can come and collect it, so modifying it and doing anything unauthorized with it breaches the contract you have with them and alters their property.

    32. Re:So... should i go with Dish Network by Anonymous Coward · · Score: 0

      My eyeballs are on fire! My retard filter is clogged! Please, for your own sake, and for those around you, learn how to check your spelling, grammar, and punctuation. I think I'm dumber for having read that.

    33. Re:So... should i go with Dish Network by (C)0N0(R) · · Score: 1

      from a 'football'-or-P3-card "this card is property of NDS_Ltd. and must be returned upon request. Incorporating VideoGuard(R) security system."..."101degreesW longitude... patent 4,748,668 and others" NDS and DTV had some disputes, details escape me now . leaked code or some thing.

      --
      The light at the end of the tunnel is a train.
    34. Re:So... should i go with Dish Network by (C)0N0(R) · · Score: 1

      if a subscriber relocates, DTV charges a small fee (under $100 AFAIR) to install a new dish and run cable in subscribers new location. A bargain for those not comfortable on ladders/roofs, aligning a dish to a satellite 20000+ miles away. It's not feasable to remove the old dish and reinstall, which is why so many dishes remain on homes who do not subscribe or use Satellite at all.

      --
      The light at the end of the tunnel is a train.
    35. Re:So... should i go with Dish Network by (C)0N0(R) · · Score: 1

      you may be able to get free-to-air programmng.

      --
      The light at the end of the tunnel is a train.
    36. Re:So... should i go with Dish Network by Mycroft_VIII · · Score: 1

      Not exactly, at least not in Missuouri.
      What your refering to is what happens when a RENTER makes a permanent change to a rented dwelling.
      If, for example, you were renting a house and added an awning to a porch, that awning would then be a part of the house and belong to the home owner.
      Now if the home owner adds somthing to the house that's not his, i.e. leased equipment, he suddenly doesn't gain ownership of the equipment.
      The reason, IIRC, for this to to prevent people from making permanent changes to house, then expecting to take the change with them, or have the landlord pay for them. Also if the change is unwanted (by the landlord) he can usually require you to undo them and restore the house to it's previous state, or do so himself and charge you. Thus it's usually best to get permision (hopefully in writing) before making any changes to a rental property, especially if they would be expensive to undo.
      Also I think if someone rented a house and attached leased equipment to it, the landlord wouldn't necessarily get to keep it. But he would probably be within his rights in keeping enough of the deposit to fix any damage or other issues caused by it's removal. A renter wouldn't have the leagle right to transfer ownership. It would be like me renting a U-Hall truck then trying to sell it my neighbor. U-Hall could still come get the truck even if my neighbor had already paid me for it.

      Now IANAL, and this is by no means a full summary of the situation. Especially as jurisdictions,case law, and nuances I may have missed or elements I've forgotten or remembered wrong could be significant. So check with appropriate leagle council BEFORE assuming anything.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
    37. Re:So... should i go with Dish Network by Reziac · · Score: 1

      Yep, there are all kinds of variations on such laws. The usual criterion for "becoming part of the property" is whether it's "permanently attached". Gods know whether a court would agree that lag bolts in the roof qualify as "permanent" or not [g]. At any rate, they never came to get the thing when my previous tenant moved out of state and cancelled the service, so there it sits, used primarily as a perch by crows.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    38. Re:So... should i go with Dish Network by awarlaw · · Score: 1

      You could always try VOOM. www.voom.com. I gave up D* for it and never looked back!

      --
      TIME is the Aether...
    39. Re:So... should i go with Dish Network by Mycroft_VIII · · Score: 1

      Ahh your the landlord, not the new tennant. does change a few things.
      Well if it's been there long enough it may be yours anyway. Besides if it's been there long then I doubt anyone but you cares if even that.
      Still in that case should it ever become a serious issue (don't know how how it could unless the Dish comes for it and damages the roof badly enough) you'd want to double check with a I lawyer anyway.
      In the meantime you make the crows happy :)

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
    40. Re:So... should i go with Dish Network by Reziac · · Score: 1

      Yeah, methinks that dish is effectively abandoned. Not that I really care if they came and got it, but since they didn't, hey, it's mine now :) (Tho it's going to get removed anyway, cuz I've got to get that house reroofed.) People sell used dish antennas at the swap meets too, and no one protests.

      Hmmm... we used to have 3 well-behaved crows (or ravens, which being uncertain), now we have 6 badly-behaved ones. D'ya think there's a connection? :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    41. Re:So... should i go with Dish Network by Mycroft_VIII · · Score: 1

      Maybee thier brains are being addled for sitting in the focus point.
      Or maybe thier sexy new pad has attrated some new friends who are a bad influence. :)
      IIRC raven=crow. not positive, but if thier different it's a tiny thing. like one is slightly larger than the other. I just remember checking once and conluding they were the same. Like violin vs fiddle.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
    42. Re:So... should i go with Dish Network by Reziac · · Score: 1

      Yeah, I wondered if all those sitcoms being beamed into their brains was causing the bad behaviour :)

      Ravens and crows are different species, but it's damn hard to tell 'em apart at a glance. http://www.shades-of-night.com/aviary/difs.html

      They also have diffs in beaks and feet, tho this page doesn't go into that. What we have here are more'n likely scrawny ravens, but like most folks we just call 'em all crows. In some parts of the world, rook and crow are used interchangeably, even tho those are different species too!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    43. Re:So... should i go with Dish Network by Mycroft_VIII · · Score: 1

      Thanks for the link. That also reminded me of why I thought they might be the same, ravens are sorta subsets of crows, but more like how both chimps and gorillas are primates.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
    44. Re:So... should i go with Dish Network by Reziac · · Score: 1

      Close enough for huntin' season :)

      My tenant says the dead raven I hung in the tree as a warning to others looks remarkably like one of DOOM's ceiling-hung dead marines.. and she's right :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  7. While this is certainly a good start... by Dagny+Taggert · · Score: 3, Interesting

    ...I believe it's long overdue. What relief do those who settled now get? IANAL, but I don't believe they can sue over a settled case. DirecTV got what they wanted; they threw a scare into potential pirates. Do you think they care about what little PR they're going to get over this? Of course not; it'll blow over by tomorrow and we'll move on to the next miscarriage of justice.

    --
    Don't be a looter...and yes, I know that it's spelled with an "A" instead of an "E".
    1. Re:While this is certainly a good start... by devilspgd · · Score: 1

      IIRC, RICO can still be used even after a settlement, if you can prove that the RICO act applies.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
  8. sad... by tuxette · · Score: 3, Interesting

    I find it appalling that people nowdays act in a manner to prove not innocence, but their lack of guilt, rather than put their feet down and say "I'm innocent until proven guilty, and if you think I'm guilty then it's your job to prove it."

    --
    People say I'm crazy, I got diamonds on the soles of my shoes...
    1. Re:sad... by BrGaribaldi · · Score: 1

      Which is the way they do things in England. I always assumed that you weren't prosecuted until their version of the DA was sure that you were guilty but it looks like their system is even more open to abuse than ours here in the States...I wonder why their system isn't abused like ours is...

    2. Re:sad... by Anonymous Coward · · Score: 0

      Eh? Where did you get this from? You've been misinformed.

    3. Re:sad... by Niddix · · Score: 1

      What I find even more sad are people who knowingly do something illegal then put their feet down and say "prove it". Whatever happened to accepting responsibility for your actions? I'm not saying that there aren't ligitimate uses for card programmers. But honestly, if you don't want to pay DirecTV to watch their signal. Don't pay them. Don't go out and find a way to watch their signal for free.

    4. Re:sad... by pclminion · · Score: 1
      I find it appalling that people nowdays act in a manner to prove not innocence, but their lack of guilt, rather than put their feet down and say "I'm innocent until proven guilty, and if you think I'm guilty then it's your job to prove it."

      You can put your foot down and say it all you want, but that doesn't change the fact that civil court is based on a preponderance of evidence. In civil court you are not innocent until proven guilty. Whichever side has a stronger case wins. If you do nothing to defend yourself, you will lose, no matter how ridiculous the claims are.

      This is why people are so quick to settle when they face corporate harrassment. If they get dragged into a real court, they'll have to invest time and resources collecting evidence to prove their innocence -- this might cost more than it would to simply "pay off" the harrassing corporation. And if you can't prove you're innocent? The coporation wins a settlement against you and you still have to pay your lawyer.

      There are good reasons for the preponderance of evidence rule in civil cases. In many of these cases there is no clear "plaintiff" and "victim." One of the parties brought the case to court, but it isn't always clear that that party is the one which should prove guilt. Hence, to compromise, both parties has a responsibility to provide evidence on their own behalf.

      But this corporate rape of average consumers is horrible and has to stop.

    5. Re:sad... by tepples · · Score: 1

      What about those who want to pay, but DirecTV refuses to sell to them?

    6. Re:sad... by Anonymous Coward · · Score: 1, Informative

      Er, no, I don't think so.

      What is more, the judge can award costs, so you don't get screwed when you win. Seems eminently sensible, don't know why the US don't adopt it...

    7. Re:sad... by Mycroft_VIII · · Score: 1

      What is even more interesting about a civil case is it's not just win or loose. But all shades in between and then some.
      The plaintif asks for $X and the jurry can (within whatever defined limits the law governing sets if any) decide the issue is worth any $ from 0 to some huge multiple x, and then decide to what percentage the defendant is responsible for it.
      Thus even if the plaintiff asks for say $10,000 the jurry could decide $100,000,000 is more apropriate, but the defendand is really only liable for 75% of the award. or decide it's only worth $5,000 and the defendand is only 5% liable.
      Though some types of awards are limited by statute, and I believe in many cases judges, especially on apeal, can have some say. Usually if the award is rediculous, or the jury is obviously motivated by somthing other than the evidence. Dunno for certain about that last bit though. IANAL so my explanation in large comes from the one case where I was involved in civil litigation.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
  9. What are legitimate uses by Matt2k · · Score: 5, Interesting

    Clearly, I don't believe that 170,000 people bought card programmers just to play with the technology, but surely some percentage of those users purchased them for uses other than piracy-- however as a someone who has no experience with DirecTV, I can't imagine what they are?

    So what exactly are the legitimate uses of having a card programmer?

    1. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      So what exactly are the legitimate uses of having a card programmer?

      I don't know, but I suddenly want one!!

    2. Re:What are legitimate uses by ScooterBill · · Score: 1

      It's not about legitimacy, it's about control. DirectTV wants control over their broadcasts. They do have the right to only allow paying customers access and they are trying whatever they an to stop piracy.

      It's kind of screwed up but it's like the filesharing networks that do have legal uses but in practice are mostly engaged in copyright violations.

      Now the RIAA can change their business model ala iTunes, etc. This is the obvious solution. DirectTV doesn't really have an alternative.

      In some ways, it's like legal sales of assault rifles or dope smoking accessories. You just have to trust that people are responsible.

    3. Re:What are legitimate uses by MindNumbingOblivion · · Score: 5, Informative

      There is a link (pops) off of the main article to the DirecTV Defense website that has a rundown of DirecTV's machinations. Included as part of the awareness package is a list of uses for smart cards, including IDs, storage of cryptographic keys, secure memory storage...etc.

      --
      #define CLUE 0
    4. Re:What are legitimate uses by belgar · · Score: 0, Flamebait

      I have to preface my comment by saying I agree that the "guilty before proven innocent" strongarm tactics are bullshit.

      However....

      I for one am tired of the argument "there are legitimate uses for this technology," especially in this case. You're right -- there are legitimate uses. But 99.99% of these readers that are purchased are for the purposes of pirating satellite signals. DirecTV may be wrong in their methods of fighting back, but they are fully justified in protecting their product. I for one think it's cool that (until the release of the new cards) it's possible to hack these cards -- I work with several people who did so on a regular basis. But, the bottom line is, it's stealing. I fail to see an argument in the case of illicitly snarfing satellite signals that has the legitimacy of anti-DRM movements, which I wholeheartedly support.

      Flame on....

      --
      What does it mean to wake out of a dream
      and be wearing someone else's shorts?
      BNL, Born on a Pirate Ship (1998)
    5. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      /begin{sarcasm}

      Wait! Is it stealing, or is it... copyright infringement?!?!?!

      /end{sarcasm}

    6. Re:What are legitimate uses by liquidsin · · Score: 3, Insightful

      Oh, for fucks sake, it's NOT stealing. How the fuck is it stealing? If you stand outside my house and throw rolls of quarters through my window, I'm keeping them, so fuck you. And even *that* is more similar to stealing than this. They're already beaming their signal straight into my fucking skull while I sleep. It costs them absolutely nothing, and they lose absolutely nothing, if I have hardware to decode that signal. Whether or not that signal is turned into viewable television or just radiates my already shrivelled testicles has absolutely no effect on DirecTV, their finances, or any of their property. So yeah, it's a violation of the DMCA (in the U.S.) and of copyright laws, but IT'S NOT FUCKING GODDAMN STEALING.

      --
      do not read this line twice.
    7. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      It's not legitimate, but some people probably used these card readers to pirate the DishNetwork satelite service. How could DirecTV claim compensation in such a case?

    8. Re:What are legitimate uses by Rat's_ass_donor · · Score: 3, Interesting

      I agree. The tiny handful of people who have used their programmers for useful, creative purposes won't find it difficult to prove that this is the case. And I think there's a decent chance that in such cases, a painless settlement would result.

      But suggesting that drug possession isn't legal evidence of drug use (because I might be a researcher working on coccaine addiction, bringing materials to my lab) would be... counterproductive.

    9. Re:What are legitimate uses by awkScooby · · Score: 3, Interesting
      So what exactly are the legitimate uses of having a card programmer?

      A smart card is like a compact flash card in that you can store data on it. The difference is that your reader must communicate with an embedded microcontroller on the card instead of directly with the memory. The microcontroller can control how you access the data which is stored on the card.

      A great use of smart cards is in computer security. You can have keys stored on the smart card which are usable by a user (typically a pin, or password is required) but can't be stolen out of the card. The private key never touches the computer which the smart card is plugged into, so it's safe to use even on a compromised system.

    10. Re:What are legitimate uses by FictionPimp · · Score: 1
      Well, I own 2 liter bottles, bleach and tinfoil..but that doesn't mean I'm not going to make a bomb. If there were no legit uses for the product. Why not sue to get the product off the streets. The fact that the product is sold means I can buy and own the product. That is my legit use. I dont own one, nor do I pirate TV (comcast makes me buy cable if I want broadband as I can't get dsl). But if I go to a store and legally purcahse something, like say a handgun. I should not get sued by a civil rights group because I may shoot somebody or could have shot somebody with that gun.

      That is what is happening here. The fact that it is legal to own it is all that should matter.

    11. Re:What are legitimate uses by awkScooby · · Score: 1
      But suggesting that drug possession isn't legal evidence of drug use (because I might be a researcher working on coccaine addiction, bringing materials to my lab) would be... counterproductive.

      But drugs are illegal whereas smart card programmers are legal. Prove that you don't use the photocopier at work to make illegal copies of copyrighted material... Lots of people make illegal copies, so you probably do to. So, pay up. That's the argument they're making, and it's just wrong.

    12. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      Wow! A satellite or two, some ground-based broadcasting equipment to send signals to those satellites, maintenance staff and equipment to manage those satellites and broadcasting equipment, ALL FOR FREE? Not to mention contracts with content providers? And It costs them nothing? Where oh where can I get my hands on this equipment? I'd like to broadcast my content to millions of people, ALL FOR FREE!!!

    13. Re:What are legitimate uses by Steve+Cox · · Score: 3, Funny

      > If you stand outside my house and throw rolls of
      > quarters through my window, I'm keeping them, so
      > fuck you.

      Damn right. They would help pay for the broken glass.

      Steve.

    14. Re:What are legitimate uses by XMyth · · Score: 1

      Smartcards are a good place to store your GPG keyring.

    15. Re:What are legitimate uses by Creedo+Kid · · Score: 0

      I use a smart card constantly....

      They are used for the laundry machines in my
      apartment building....

      I also purchased a programmer a few years back
      Which I and an associate of mine who runs a
      security company were going to try and make
      a secure entry system for a pre-school...

      Fory anyone who doesn't know....
      DirecTV cards aren't the only thing that they program....

      Are those uses legitimate enough for you?

      --
      Business is Business and Business must grow, Regardless of crummies in tummies you know... -Onceler
    16. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      Yes it is. Try and justify it how you want but other people pay for what DirecTV broadcasts (and the law upholds them in this) it IS stealing if you aren't paying for it.
      There are a lot of cables that run through people's yards under the ground. Should you be able to get anything you want from those cables for free? Be it Phone, Cable, Electricity, etc?

    17. Re:What are legitimate uses by arch17c7 · · Score: 2, Informative

      Legitimate uses mainly focus on authentication devices for access to computer systems. I currently teach Network Administration, and have several smart card "devices" that are used in class demonstrations concerning security issues. The use of these devices for DirecTV piracy involves flashing chips in order to load the software necessary to interact with DirecTV's systems. Since I bought these devices, I have been waiting for a letter from them, but nothing yet.

      However, as one who does read quite a bit about smart cards and such, I find it somewhat amusing that DirecTV agreed to this AFTER they performed a huge card swap and shut down the data stream for their P3 cards, the most popular hacked card they had. There are no programs out there that can hack the newer cards... yet. Oh, and BTW, I am a subscriber and have been for years, so I have little reason to hack DirecTV, just in case their lawyers stumble across /.

    18. Re:What are legitimate uses by Lord_Dweomer · · Score: 1
      You just made my friend list.

      Funniest. Rant. Ever.

      --
      Buy Steampunk Clothing Online!
    19. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      Actually, if I own the mineral rights and they are running a line under my house I can pretty much do as I damn well please.

    20. Re:What are legitimate uses by general_re · · Score: 5, Informative
      Oh, for fucks sake, it's NOT stealing.

      The law says it is, regardless of how vociferously you object. Legally speaking it is theft, or to be more specific, theft of services, and is a felony in many states, usually depending on the dollar value of the services that have been stolen. New Jersey law. Pennsylvania law. Kentucky law. And so forth.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    21. Re:What are legitimate uses by telemonster · · Score: 3, Insightful

      It costs quite a bit to launch a satellite into space, let alone 4 or 5 like DirecTV have. DirecTV knows that if it becomes too easy and widespread to pirate the signal their legitimite user base will shrivel up into nothing, yet their service will be used by all. Don't blame them for trying to protect their company, unless they outsource to India or something.

      --
      Southeastern Virginia REPRESENT!
    22. Re:What are legitimate uses by GPLDAN · · Score: 4, Insightful

      They're already beaming their signal straight into my fucking skull while I sleep

      And when you walk past a corporate building, the 802.11b wireless is beaming into your skull as well. Oh wait, your MOTHERFUCKING skull. Sorry. That doesn't mean you are allowed to crack the WEP key and associate to the access point. The situation is no different with cable descramblers. It's coming over the coax into your GODDAMN house. Doesn't mean you can decode the Playboy channel and start watching it. You'd be stealin from Hef.

    23. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      He didn't say it was free - just that It doesn't cost Direct TV any more or less if he's attached.

    24. Re:What are legitimate uses by wwest4 · · Score: 1

      The "legitimate uses" argument comes from hackers whose are only mildly interested in pirating (or are not at all). Concerns over pirating should not collaterally damage the hackers, and the reason is simple - pay-to-play business models for broadcast content are fundamentally weak, for reasons that are obvious. They rely on security mechanisms that amateur hackers are constantly testing at their own expense in time and money.

      Pure pirates (people who buy black boxes from spammers) only benefit from these hacks in the short run, while directv benefits in the long run. The people in "the scene" get some free TV for a while, learn a bit of electronics, directv patches the holes, and then the challenge is renewed. It's just the way the imperfection in the business model plays out. If it weren't for the people who do it for hack value and a bit of free TV, it would be done ONLY by black market professional hackers who are driven by profit, and would not publish their methods in order to sell as many boxes as possible. Open hacking limits the window of opportunity for profitability of a more organized, professional piracy market.

      Unless you want the equivalent of a "national endowment for broadcast infrastructure" then you might want to reconsider the legitimacy of the hacker/pirate role.

    25. Re:What are legitimate uses by upside · · Score: 1

      I assume it's alright if I tap into to your mobile phone conversations, then?

      --
      I'm sorry if I haven't offended anyone
    26. Re:What are legitimate uses by IANAAC · · Score: 1
      And when you walk past a corporate building, the 802.11b wireless is beaming into your skull as well. Oh wait, your MOTHERFUCKING skull. Sorry. That doesn't mean you are allowed to crack the WEP key and associate to the access point.

      You'd be surprised at how many people feel it is their right to do just that (along with the others you mentioned). It amazes me, with services being cheaper than they have ever been - and I'm talking broadly, people feel like they deserve something for nothing.

    27. Re:What are legitimate uses by Greger47 · · Score: 1
      It might not be morally right for other reasons, but listening in to mobile phones is not theft.

      /greger

    28. Re:What are legitimate uses by ratboy666 · · Score: 3, Insightful

      Theft of service? I am not being supplied a service! The RF is being fed to me whether or not I like it! Now, I don't decode it, because I couldn't be bothered.

      But, if decoding the signal is "illegal" is it also illegal to measure that signal?

      Patently not. If you or anyone else doesn't want me to have the signal, DON'T BEAM IT AT ME.

      Got that? If its in MY FUCKING HOUSE, YOU GAVE IT TO ME.

      Now, I *do* pay for cable -- go figure. But a BROADCAST SIGNAL?

      If it where sufficiently strong, and I rectified it to power my stuff, would this be wrong? NO.

      The sunshine that falls on my property is MINE. and the EM that crosses my property is also MINE.

      Theft of "service". What a crock of shit that law is.

      Ratboy.

      --
      Just another "Cubible(sic) Joe" 2 17 3061
    29. Re:What are legitimate uses by Stoutlimb · · Score: 1

      I think that what the government is saying is that people usually do not own mineral rights. Or airspace rights. Or, so it seems, unlimited radio reception and decryption rights.

      It's a shitty state of affairs. And I have a feeling that no matter who gets elected, these kinds of things will not change.

      Bork!

    30. Re:What are legitimate uses by Dun+Malg · · Score: 2, Insightful
      And when you walk past a corporate building, the 802.11b wireless is beaming into your skull as well. Oh wait, your MOTHERFUCKING skull. Sorry. That doesn't mean you are allowed to crack the WEP key and associate to the access point. The situation is no different with cable descramblers. It's coming over the coax into your GODDAMN house.

      His central point was about diminished value. Cracking the WEP key and using that corporate network diminishes capacity on that network. Additional unpaid-for descrambling devices on a coax cable network diminishes signal strength. Placing a dish on the roof to receive a signal that is there regardless of the presence of the dish diminishes absolutely nothing. His argument is that it doesn't fit the common sense definition of "theft". Indeed laws have been passed to define this act that deprives no one of property* as "theft", but in the rational world this is no more "theft of service" than "intellectual property" is property.

      * before anyone tries to argue the point, "lost potential revenue" is not, by any stretch of the imagination, a loss of "property".

      --
      If a job's not worth doing, it's not worth doing right.
    31. Re:What are legitimate uses by liquidsin · · Score: 1

      I agree with you one hundred percent. Everyone who uses their service should pay for it. At the same time, they could have done a little more work in trying to secure the system, if they really were so terribly worried about this. But the current legal climate in the U.S. makes it cheaper to deploy your shitty, easily crackable system and sue everyone than to develop a more secure offering. Secure systems take skilled engineers time to develop. Law suits, especially when backed by legislation like the D.M.C.A. ("they're reverse engineering our cards!") is easy and cheap, given that any large company already likely has a fleet of lawyers on hand. You get to market faster and can still keep a fair number of potential "pirates" in line with the threat of the law. Plus, rather than spending a little time to narrow down their targets, they're sinking so low as to just accuse everyone with certain technology of breaking the law. It's nothing but fishing, and they deserve to be fined for it, and made to repay everyone who settled because they couldn't afford to fight it in court. It's not that hard to find out who's the cheapest game in town for reprogramming satellite cards, and it should take very little effort by them to find a few dozen of the real criminals that are doing this, make a big public show about how they found them and took them to court, and scare the rest of the little delinquents straight. And I'd have no problem with that.

      --
      do not read this line twice.
    32. Re:What are legitimate uses by Wanderer1 · · Score: 2, Insightful

      I'm one of those people.

      Like the copyright debate regarding whether or not it's kosher to copy music/movies/whatever, if it's an artificial resource scarcity - we're probably not going to see things eye to eye.

      As far as traversing someone's paid-for internet pipe, that involves significant risk of detection. Passively monitoring that sort of thing, that I have no problem with.

      I find it much easier to talk about property rights when an actual physical item is present; food, a house, car, toys, clothes. These things must be protected for the sake of civilization. These other things - noise, pictures, patterns, ideas - these things can be provided to every human alive without depriving any other from having their own.

      In regards to the law, these IP laws are not the product of the common man, they're the product of a select few with great influence. Therefore, while they technically exist - they don't represent consent by the governed. Inaction and silence do not represent consent either.

      So. From a practical stance, how about we discuss how these systems can be *protected* from a realistic technical perspective. Because in the end, I think you'll find that placing sufficiently annoying technical boundaries in front of a person will make the monetary cost of the service more attractive than the costs involve in subverting the access control.

      This does not, however, take into account the desire for corporate executives to beat their genitals over the heads of individuals who "steal" their service, hence the constant costly litigation. If it were legal to physically beat someone instead of suing them, they'd probably do it personally.

      One only has to take a look at the legal system today to see why litigation and legislation are socially poor ways to enforce scarcity.

      Bill

    33. Re:What are legitimate uses by whoever57 · · Score: 1
      So what exactly are the legitimate uses of having a card programmer?

      The problem in this case, is that people bought programmers that have capabilities beyond what is normally required -- capabilities that are associated with creating the illegal cards ("unlooping")

      Why did people buy these programmers: because these programmers were cheaper than the lesser-functioned programmers.

      So, really, thousands of people we sued because they tried to save a buck when buying the programmers for legitimate purposes.

      --
      The real "Libtards" are the Libertarians!
    34. Re:What are legitimate uses by general_re · · Score: 1
      Theft of service? I am not being supplied a service!

      Sure you are. Entertaining you and giving you information is a service - you're being entertained and informed by watching pirated television. Really, now - if you weren't being provided with anything of value, why would you bother decoding it?

      If you or anyone else doesn't want me to have the signal, DON'T BEAM IT AT ME.

      Something makes me doubt you're so cavalier about your own cordless phone conversations.

      What a crock of shit that law is.

      To borrow your phraseology for a moment, nobody gives a fuck if "ratboy" likes the law or not - that's the law, the law says it's theft, and you're expected to obey that law or face the penalty for disobeying it, your choice. But you don't get to "opt out" merely because it offends your sensibilities about who properly owns the EM spectrum. If you prefer the law should be some other way, you can always try persuading your fellow citizens that you have a better solution - rotsa ruck with that.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    35. Re:What are legitimate uses by JustDisGuy · · Score: 1

      The thing is, although you may not otherwise pay for DirecTV, without the illegitimate descrambling of their signal you'd likely pay for Dish TV or pay the local cable company for your frontal lobe numbing daily TV fix. It's these injured third parties that are often forcing the issue with the satellite tv providers. This is the reason that Canadian courts finally made the illicit reception of American satellite television illegal - it was costing Canadian companies in lost subscibers.

      --
      "Never attribute to malice that which is adequately explained by stupidity." - Hanlon's Razor
    36. Re:What are legitimate uses by ivan256 · · Score: 2, Insightful

      The card reader I bought fills the same purpose as 90% of the other "cool technology crap" that I've purchased in the last decade. It sits in a box doing nothing.

      Sure I had cool ideas for it when I saw how cheap they had gotten. Sure I bought the programmer from a less than reputable source. Sure I plugged it in and played with it for a few hours... Wrote some code. Tossed some ideas around... But it's just another unfinished project. Hell, you could say that I'm a collector of unfinished projects.

    37. Re:What are legitimate uses by general_re · · Score: 1
      Indeed laws have been passed to define this act that deprives no one of property* as "theft", but in the rational world this is no more "theft of service" than "intellectual property" is property.

      Suppose I fly into your town and take a ten mile taxi ride from the airport into downtown wherever, but instead of paying the taxi driver, I jump out and run for it when we arrive. I have deprived him of no physical property, nor do I possess anything of his. Have I done anything wrong? Did I commit a crime? What crime? Make sure you exclude any mention of potential lost revenue in your explanation, and be sure to detail exactly how something of his has had its value diminished.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    38. Re:What are legitimate uses by Dun+Malg · · Score: 1
      Suppose I fly into your town and take a ten mile taxi ride from the airport into downtown wherever, but instead of paying the taxi driver, I jump out and run for it when we arrive. I have deprived him of no physical property, nor do I possess anything of his...Make sure you exclude any mention of potential lost revenue in your explanation, and be sure to detail exactly how something of his has had its value diminished.

      Invalid comparison. You've taken up his time, his gasoline, and exacted wear upon his vehicle without providing compensation. Decoding extant satellite signals deprives DTV of nothing. Try again.

      --
      If a job's not worth doing, it's not worth doing right.
    39. Re:What are legitimate uses by Augusto · · Score: 1

      I have deprived him of no physical property, nor do I possess anything of his.

      You did not pay for his time, time he could have spent making money off another person. You also didn't pay for his gas, which is not even a service.

      The example you provided is a bad example, and to save you time, any example where somebody does any work for you is a bad example, because there's time lost when you don't pay, time that could be spent with other people to make money. So yes, there's is a tangible financial loss there.

      --

      - sigs are for wimps.
    40. Re:What are legitimate uses by general_re · · Score: 1
      You've taken up his time, his gasoline, and exacted wear upon his vehicle without providing compensation.

      Irrelevant points. He's a taxi driver - he was going to be driving around, using gas, and putting miles on regardless of whether or not I get in the car. It's exactly the same "you were going that way anyway" argument that is apparently being used to rationalize signal interception.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    41. Re:What are legitimate uses by general_re · · Score: 1
      You did not pay for his time, time he could have spent making money off another person.

      The original post specifically excluded potential lost revenue as a rationale for declaring it to be wrongdoing.

      You also didn't pay for his gas, which is not even a service.

      I don't pay for his gas directly when I do pay for the ride - the driver never stops at the station and asks me to toss a twenty in the tank. I didn't take his gas - it's not like I'm running away with a siphon and a gas can. He used it driving, which he would have done even if it hadn't been me in the car.

      ...any example where somebody does any work for you is a bad example...

      So by bringing you entertainment and information, are the DTV people doing work for you or not?

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    42. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      While I agree with you regarding broadcast signals ( if you send it to me unasked I am not bound to restrict myself from doing whatever with it) I have to disagree with you when it comes to IP. And it is an issue of freedom. If I write a book or create a musical CD or whatever, I should have, as the creator, the right to do what I want with it - whether give it away, charge for it, or keep it to myself. True, you could make a billion copies of whatever it was and not create some sort of scarcity, but that isn't the issue. If I don't want you to have it, or only want you to have it if you pay me, then you are stealing my right, and freedom to decide what I do with what I create.

    43. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      Or he was going to be parked at the airport, using no gas, putting no wear on his vehicle, and using his time studying psychology trying to figure out how dipshits like yourself think they have a brain.

    44. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      170,000 lawsuits against DirectTV for the damaging health effects of unrequested microwaves might slow them down.

    45. Re:What are legitimate uses by Dun+Malg · · Score: 1
      Irrelevant points. He's a taxi driver - he was going to be driving around, using gas, and putting miles on regardless of whether or not I get in the car. It's exactly the same "you were going that way anyway" argument that is apparently being used to rationalize signal interception.

      If you are riding in his cab, he can't take another passenger. He most certainly was not "going that way anyway", you knob. Your argument might have had merit in the case of a bus, but even then every person is a load on the vehicle decreasing gas mileage, adding stress to the drivetrain, and rubbing away the vinyl covering on the seat padding.

      --
      If a job's not worth doing, it's not worth doing right.
    46. Re:What are legitimate uses by general_re · · Score: 1
      If you are riding in his cab, he can't take another passenger.

      So I deprived him of potential revenue after all?

      He most certainly was not "going that way anyway", you knob.

      He was going somewhere anyway, you tool, regardless of whether or not I'm in the car - if it wasn't me, it would have been someone else.

      Your argument might have had merit in the case of a bus, but even then every person is a load on the vehicle decreasing gas mileage, adding stress to the drivetrain, and rubbing away the vinyl covering on the seat padding.

      Oh, bullshit. By that logic, at worst I owe him about $0.50 for depreciation - I guess he can sue me for his four bits then.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    47. Re:What are legitimate uses by bill_mcgonigle · · Score: 1
      Theft of service? I am not being supplied a service!
      Sure you are. Entertaining you and giving you information is a service - you're being entertained and informed by watching pirated television. Really, now - if you weren't being provided with anything of value, why would you bother decoding it?

      This a subjective slippery slope.

      What if ratboy gets enjoyment out of listening to the undecoded signal/noise on a radio receiver.

      That would be a service to ratboy.

      What if ratboy wants to get the raw numeric data and look for patterns in it. What if he gets enjoyment from cryptanalysis of the coded data stream?

      Should he be forbidden to tune to that frequency on his radio?

      There are some strange people out there who enjoy all kinds of weird stuff.
      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    48. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      That doesn't mean you are allowed to crack the WEP key and associate to the access point.

      That's not quite the same. Cracking the WEP and eaves-dropping, that would be the same. Connecting to the access point involves bi-direction communication, and now you're actively using resources that don't belong to you.

      Decoding a satellite signal is completely passive.

    49. Re:What are legitimate uses by liquidsin · · Score: 1

      Hey, General Re(tard). Wake up. Your analogy sucks. Listen, man...the cabbie wasn't gonna just drive around like a fuckwit, wasting gas. Have you bought gas lately? It's fucking expensive! No matter how your flawed little brain looks at it, your analogy's broken. The satellite, on the other hand, will be beaming it's waves at me no matter what. I have no say in that. It costs them no more money, since they're already using the power to bathe the whole planet in radiation anyways. By decoding the signal as it comes through my house, I'm not weakening it so that the legit subscribers can't get it. I'm not taking up bandwidth. They lose NOTHING. If you're looking for a better analogy, the closest (not perfect) I came up with was this: should the city's water department bill you for rain you've collected in a bucket, since it's depriving them of "potential revenue"? Does the electric company get pissy with you for turning off your lights during the day because our earth happens to orbit a giant flaming sphere? Are they going to try to block out the sun, Monty Burns style? DirecTV needs to deal with the fact that they're broadcasting a signal to the whole planet, and this shit's gonna happen.

      --
      do not read this line twice.
    50. Re:What are legitimate uses by Dun+Malg · · Score: 1
      So I deprived him of potential revenue after all?

      No, you deprived him of due compensation. "Potential revenue" is the spurious calculation based on the initial premise of "if reality were somehow other than it is". No one has any automatic entitlement to potential revenue. In the case of satellite hackers, the "potential revenue" argument assumes that those people hacking it would have paid for the service had hacking it not been an option.

      He was going somewhere anyway, you tool, regardless of whether or not I'm in the car

      He wasn't going anywhere until you got in the car and stated a destination.

      if it wasn't me, it would have been someone else.

      And here you are hoist by your own petard. If not for you, he would have been free to pick up a paying passenger. If you were to hack DirecTV's signal, that does not in any way diminish their capacity to provide it to others.

      In the case of a cab, you have hired a man to do a job and then refused compensation upon completion of said job. In the case of satellite hacking, you've hired no one and diminished no one's capacity to provide service. The two are not the same thing.

      Oh, bullshit. By that logic, at worst I owe him about $0.50 for depreciation - I guess he can sue me for his four bits then.

      It's not bullshit. In cities like Santa Monica, that's why bus rides are only 75 cents- you're only paying for the amortized cost of the service for dozens of riders along fixed routes. A cab driver gets more because you are monopolizing his time. You must pay the cost of the driver's time.

      --
      If a job's not worth doing, it's not worth doing right.
    51. Re:What are legitimate uses by Dun+Malg · · Score: 1
      The original post specifically excluded potential lost revenue as a rationale for declaring it to be wrongdoing.

      I perhaps should have explained initially that "potential revenue" isn't the same thing as "due compensation". "Lost potential revenue" is a calculation based upon the spurious assumption that those hacking satellite would have paid for the service had hacking not been an option. There is no automatic legal entitlement to potential revenue. For example, Dell cannot sue me for lost potential revenue because I built my own computer, thus depriving them of the opportunity to sell me one.

      --
      If a job's not worth doing, it's not worth doing right.
    52. Re:What are legitimate uses by general_re · · Score: 1
      No, you deprived him of due compensation.

      But somehow the DTV folks aren't entitled to due compensation? How on earth does that work?

      In the case of satellite hackers, the "potential revenue" argument assumes that those people hacking it would have paid for the service had hacking it not been an option.

      Garbage. If they don't pay, they have no contract with the service provider and hence no right to receive benefits as though they did. You cannot unilaterally dictate the terms of how someone will provide a service that you find valuable by simply taking it without compensation. And of course you find it valuable - if you didn't, you wouldn't expend the effort to decode it. So basically, you want something of value to you, but you don't want to compensate those who bring it to you. The law calls that "theft of services", regardless of how incongruous you find that designation.

      And here you are hoist by your own petard. If not for you, he would have been free to pick up a paying passenger.

      Make up your mind - am I responsible for his lost revenue or not?

      In the case of satellite hacking, you've hired no one and diminished no one's capacity to provide service.

      You are receiving a service to which you are not entitled - the fact that you don't think you're depriving anyone is completely spurious. Do satellites launch themselves? Do transmissions broadcast themselves? Does content produce itself? So why is the taxi driver entitled to compensation for the service he performs, but the DTV people are not?

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    53. Re:What are legitimate uses by Fulcrum+of+Evil · · Score: 1

      Suppose I fly into your town and take a ten mile taxi ride from the airport into downtown wherever, but instead of paying the taxi driver, I jump out and run for it when we arrive. I have deprived him of no physical property, nor do I possess anything of his. Have I done anything wrong? Did I commit a crime? What crime? Make sure you exclude any mention of potential lost revenue in your explanation, and be sure to detail exactly how something of his has had its value diminished.

      You're kidding, right? Skipping out on a fare is breach of contract, not theft. You haven't stolen anything, but you have defaulted on a service contract - transportation for money.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    54. Re:What are legitimate uses by Dun+Malg · · Score: 1
      But somehow the DTV folks aren't entitled to due compensation? How on earth does that work?

      By law they can demand it, but really only because of the DMCA and similar legislation. They can't demand "compensation" because they expend no additional resources beaming the satellite signal on your house if you're a hacker than if you're not. You cannot demand compensation for normal operating expenses.

      Garbage. If they don't pay, they have no contract with the service provider and hence no right to receive benefits as though they did.

      If you have no contract with DTV, they also have no right to demand payment for services you have not requested. They have no moral right to dictate what you do with electromagnetic radiation on your own property. Regular antenna-broadcast TV can't send you a bill. How is this different?

      You cannot unilaterally dictate the terms of how someone will provide a service that you find valuable by simply taking it without compensation.

      The sticking point is what determines "service"? This service isn't the radio signal. They're beaming the radio signal from the satellites to every square foot of land and water in North America. The way it differs from broadcast TV is this: the service they're selling is the decryption. They have no moral right to forbid someone from doing whatever he wants with the radio signal they're raining down on his roof. The law has allowed them to forbid it, but the law is often the handmaiden of corporate interests. What if the signal was not encrypted? Should it be illegal to watch unless you've sent them their $50/month? What if their "encryption" was merely inverting the picture? Should it be illegal to watch such "encrypted" TV in a mirror? Absurd idea, right? Well then, at what point is disallowing decryption not absurd? I say that if I can decrypt the signal without paying them for the decryption key, then maybe they need better encryption! It's not right to use the law to cover technical shortcomings.

      And of course you find it valuable - if you didn't, you wouldn't expend the effort to decode it. So basically, you want something of value to you, but you don't want to compensate those who bring it to you.

      If they want people to stop taking it for free, they need to either (a) stop beaming it down on their property when they haven't paid, or (b) render the signal worthless by making decryption of it impossible without the "key" that they sell. See my paragraph above.

      And here you are hoist by your own petard. If not for you, he would have been free to pick up a paying passenger.

      Make up your mind - am I responsible for his lost revenue or not?

      Yes. Lost actual revenue, a.k.a due compensation for time and expenses providing service to you. Not to be confused with "potential revenue", which is imaginary income you might have made, but have no actual loss of time or material from which to calculate it. How can you demand compensation when there is no loss to be compensated?

      You are receiving a service to which you are not entitled - the fact that you don't think you're depriving anyone is completely spurious. Do satellites launch themselves? Do transmissions broadcast themselves?

      It is not my responsibility to ensure that DirecTV has a profitable business model. They're giving away the signal and selling the decryption. If people are making their own decryption at home, then DirecTV needs better encryption, not laws dictating the behavior of private citizens in their own homes.

      Does content produce itself?

      FWIW DirecTV doesn't produce content, it just delivers it. The content production is largely paid for by advertisers (tv) or box office/DVD sales (movies).

      So why is the taxi driver entitled to compensation for the service he performs, but the DTV people are not?

      They're entitled to compensation for providing me a decryption key

      --
      If a job's not worth doing, it's not worth doing right.
    55. Re:What are legitimate uses by general_re · · Score: 1
      By law they can demand it, but really only because of the DMCA and similar legislation.

      No, by law, they can demand compensation from those who partake of the service they provide. By law, their product is defined as a service, and taking it without paying for it is defined as theft, not copyright violation or some other junk you think it ought to be. You can argue that the law should be some other way, but you don't get to make shit up about how it is.

      The sticking point is what determines "service"? This service isn't the radio signal.

      You're joking, right? The service being provided to you, the thing that you value enough to expend the effort to intercept, is the entertainment and information you receive upon so doing. Are you seriously going to argue that entertaining you and informing you is not providing you with a service? Do you pay for a newspaper or magazine simply because you like the texture of the paper? Of course not - you pay for the information contained therein, and the service of having it dropped on your front door every morning. Same with DTV - you pay for the service someone provides you with, the service of entertaining you and informing you.

      The way it differs from broadcast TV is this: the service they're selling is the decryption.

      No, the way it differs from broadcast TV is that, although neither is free, for broadcast TV, you pay for it indirectly, via HyperGloboMegaCorp's ad budget. With DTV, you pay the distributor directly for the enhanced service they provide, the service over and above the service you receive when you pay indirectly. If you prefer to pay indirectly, by all means, stick to a half-dozen channels and rabbit ears wrapped in tinfoil, but don't pretend you're receiving nothing of value when you crack the signal illicitly - that's just bullshit, and everyone here knows it. I reiterate what I said before - if the service was worthless, you wouldn't expend the necessary effort required to decrypt it in the first place. The overt act of illicit decryption is itself prima facie evidence of the value provided thereby, and a tacit admission that the person doing the decrypting values the service provided.

      They have no moral right to forbid someone from doing whatever he wants with the radio signal they're raining down on his roof.

      Uh, no. This morally stunted techno-geek attitude that suggests that anything we can do should somehow be permitted is absurd and ridiculous, and never seems to get any play beyond the world of signal theft for some reason. I wanna put these transistors together in this particular arrangement and you can't stop me, you have no moral right to tell me what I can or can't do, nyah nyah nyah. GMAFB.

      This notion that the world is someone's personal playground, and they can do whatever they want with it, everyone else's interests be damned, is a notion that really should have been nipped by about the fourth grade or so. Here in the adult world, we balance competing interests against one another, and here in the adult world, society has decided that transmitting entertainment and information via satellite is a worthwhile service, and one where those who provide it have a right to be compensated for that provision - their interest in being compensated for their service outweighs your interest in a free lunch, because otherwise, nobody would provide this service that everyone values. Even the folks who are trying to rationalize not paying for it value it. Sorry, that's the way it is. Your interest in a free lunch is going to be outweighed most of the time, so I suggest you get used to it, because there just aren't a lot of free lunches here in the adult world.

      If people are making their own decryption at home, then DirecTV needs better encryption, not laws dictating the behavior of private citizens in their own homes.

      That's right. If people are breaking into your house an

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    56. Re:What are legitimate uses by general_re · · Score: 1
      What if ratboy gets enjoyment out of listening to the undecoded signal/noise on a radio receiver.

      That would be a service to ratboy.

      But not the service the DTV people have undertaken to provide, and not the service they're interested in charging for. If/when DTV tries to declare that you should pay for this notional "service", let me know, but otherwise, it's just castles in the air.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    57. Re:What are legitimate uses by general_re · · Score: 1
      Hey, General Re(tard).

      LOL. I mean that - I actually laughed out loud reading this. Here you are, essentially inarticulate, incapable of dicussing the issue at hand in a reasonable, adult manner, and yet you're actually surprised and angry when nobody listens to your half-baked, semi-literate "opinions" on how the world should be. LOL again - really. Good luck with that petition drive or congressional campaign or whatever it is you plan to do to change the world - you're gonna need it ;)

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    58. Re:What are legitimate uses by general_re · · Score: 1
      Skipping out on a fare is breach of contract, not theft

      The law says otherwise. Try it sometime - you will be arrested, and you will be charged with theft of services. I practically guarantee it - this is criminal law, not civil. Traditionally, services were not defined as a subject of larceny or theft in common-law courts, but I assure you, that's how the law is today.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    59. Re:What are legitimate uses by Mycroft_VIII · · Score: 1

      And yet, despite the ad-hom. attack, he actually at least presented an argument. Were-as you mearly provided an attack.

      Mycroft

      --
      https://signup.leagueoflegends.com/?ref=4c3ed6600b6ea
    60. Re:What are legitimate uses by general_re · · Score: 1
      And yet, despite the ad-hom. attack, he actually at least presented an argument.

      ....that's already been addressed elsewhere. So he brought nothing.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    61. Re:What are legitimate uses by Anonymous Coward · · Score: 0

      I like the Sunshine comment...Since it's yours, can you sell me some sunshine? We don't get enough of it here in Michigan.

    62. Re:What are legitimate uses by hesiod · · Score: 1

      > If I don't want you to have it, or only want you to have it if you pay me, then you are stealing my right

      But what if you were stupid enough to post your book on a web server, then constantly broadcast the contents of your book to every network in the country. Should you whine when someone reads it?

      If you don't want people reading your book without your permission, DON'T FUCKING SEND IT TO THEM! I don't have the choice to "opt-out" of receiving the signal in some way, ie my body.

    63. Re:What are legitimate uses by hesiod · · Score: 1

      > I jump out and run for it when we arrive.

      That's a horrible argument that you didn't put enough thought into. There is an implicit agreement created upon entering the taxi -- a contract, if you will. You agree to pay money after the services are rendered.

      I MADE NO CONTRACT WITH DIRECTV TO ALLOW THEM TO TRANSMIT THEIR SIGNAL THROUGH MY HOUSE, therefore I do not have to agree to any contract.

    64. Re:What are legitimate uses by general_re · · Score: 1
      There is an implicit agreement created upon entering the taxi -- a contract, if you will.

      Yet the law calls it theft of services, not breach-of-implied-contract. Well, you may get sued for that, but you'll also get prosecuted for theft.

      Anyway, try this on, then. Suppose I sneak into a Broadway play without paying, and watch the whole thing. I even stand in the back, in the aisle, so there's no way I'm taking up a seat that would be otherwise occupied by some paying customer. Have I done anything wrong in so doing? Why or why not?

      I MADE NO CONTRACT WITH DIRECTV TO ALLOW THEM TO TRANSMIT THEIR SIGNAL THROUGH MY HOUSE, therefore I do not have to agree to any contract.

      Your neighbors made no contract with you to allow your cordless/cellular transmissions through their house, and yet I bet you expect them to respect the law and your interests.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    65. Re:What are legitimate uses by hesiod · · Score: 1

      You look like a fool comparing decoding a broadcast signal to beating someone in the head with a rock... I think YOU are the one who needs his morals checked.

      You also make a claim that everything that is was decided by society. It was not, just about everything that makes this illegal was in laws bought by lobbyists. That's all I'm goung to say in this thread, as you won't convince anyone with your reasoning so far. Not that the other side isn't a bit unrealistic too...

    66. Re:What are legitimate uses by hesiod · · Score: 1

      Oh, and you've enlightened us all by posting... nothing, either! No, wait, you did... a flawed analogy, and when someone pointed it out, you claim to know that "nobody listens to [his] half-baked, semi-literate 'opinions.'" You don't know me. I agree with his opinions in this case, but you don't know how to answer them so you insult him. At least he backed up his insult with an argument. Regardless of whether or not you've heard it before, he made one. If you had and didn't want to retort, DON'T FUCKING REPLY.

      Thanks for wasting all our time! Hey, now I'm wasting everyone's time! Ain't /. great?

    67. Re:What are legitimate uses by general_re · · Score: 1
      You don't know me. I agree with his opinions in this case, but you don't know how to answer them so you insult him.

      Already answered. I'm not going to waste my time with inarticulate trolls who try to provoke flamewars.

      If you had and didn't want to retort, DON'T FUCKING REPLY.

      I don't need your permission to post, n00b - if you wanna run your own site, piss off and do it then.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    68. Re:What are legitimate uses by hesiod · · Score: 1

      > n00b

      Good one. Check the UID: not as low as yours, but certainly not made last year.

    69. Re:What are legitimate uses by general_re · · Score: 1
      I knew signing up early would come in handy some day ;)

      Relax - it's not that big of a deal in the end. Pax? :^)

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    70. Re:What are legitimate uses by Dun+Malg · · Score: 1
      No, by law, they can demand compensation from those who partake of the service they provide. By law, their product is defined as a service, and taking it without paying for it is defined as theft, not copyright violation or some other junk you think it ought to be. You can argue that the law should be some other way, but you don't get to make shit up about how it is.

      I'm not saying the law isn't that way, I'm just saying that it's not the moral equivalent of skipping out on a cab ride, as you claim.

      You're joking, right? The service being provided to you, the thing that you value enough to expend the effort to intercept, is the entertainment and information you receive upon so doing. Are you seriously going to argue that entertaining you and informing you is not providing you with a service? Do you pay for a newspaper or magazine simply because you like the texture of the paper? Of course not - you pay for the information contained therein, and the service of having it dropped on your front door every morning.

      I could very well order the paper because I like to have my birds shit on it. It's value to me has absolutely no bearing on what it costs me to get it.

      Same with DTV - you pay for the service someone provides you with, the service of entertaining you and informing you.

      I pay for whatever reason I decide makes it valuable to me. You're an idiot if you think you have some magical insight into the what constitutes value for someone else. You can quote what the company hopes is the value in their service, but in the end, when you get right down to it, all they are selling is a decryption key. The exchange between me and DirecTV is $50 to them, in exchange for them keeping my decryption key valid. Where I find value from that is up to me. If I find all the TV channels I can access to be of no value to me, can I demand my $50 back? No, I cannot, because I am not purchasing anything more than one month's ability to decrypt the stream.

      No, the way it differs from broadcast TV is that, although neither is free, for broadcast TV, you pay for it indirectly, via HyperGloboMegaCorp's ad budget.

      If I don't buy anything I see on TV, am I stealing TV then? There is no contract between me and the broadcaster. Sure, I may pay "indirectly", as you call it, but by that "logic" we all pay indirectly for everything, as the whole economy is a big intertwined web.

      The overt act of illicit decryption is itself prima facie evidence of the value provided thereby

      Hogwash. You cannot say that I don't crack decryption just for the challenge. You can make all kinds of snide comments about how "everybody knows you do it to get free TV", but "everybody knows" does not constitute evidence of anything. My motivation for doing it has absolutely no bearing upon whether or not DTV's has the moral right to dictate what I do in my own house that harms no one.

      Uh, no. This morally stunted techno-geek attitude that suggests that anything we can do should somehow be permitted is absurd and ridiculous, and never seems to get any play beyond the world of signal theft for some reason. I wanna put these transistors together in this particular arrangement and you can't stop me, you have no moral right to tell me what I can or can't do, nyah nyah nyah. GMAFB.

      The argument gets play anywhere one person demands that the freedom of the general public should be infringed to protect their business model. Anything that does not infringe upon the rights of others should be allowed. DTV has no right to demand money for services I have not requested.

      This notion that the world is someone's personal playground, and they can do whatever they want with it, everyone else's interests be damned, is a notion that really should have been nipped by about the fourth grade or so. Here in the adult world, we balance competing interests against one another, and here in the adult world, society has dec

      --
      If a job's not worth doing, it's not worth doing right.
    71. Re:What are legitimate uses by GPLDAN · · Score: 1

      All right, unlike that other guy you went 10 deep with - I'll buy that. A broadcast-only medium, whose decode and use has no effect on the provider. Why is it wrong to decode and use? Even the seemingly overbroad disclaimer during American Football NFL games, that states "this telecast may not be re-BROADCAST without the express written consent" doesn't cover just taping games for your collection. So why is this different?

      The best analogy I can think of is the bar owner who puts his own records in the jukebox. Patrons play these songs, but no royalties are paid, unlike a radio station. People are listening to a broadcast that has been "decoded" in somewhat the same way the Playboy channel is. Is it a crime? The bar owner *can* be sued for doing this.

      The guy who walks into the movie theater with a camcorder. His intention is only to record it for personal posterity, it was "locally broadcast" to his eyes and brain, why can't he keep an electronic copy of it? Are we not enititled to record our own lives?

      I would submit that all of these examples, including the one of decoding a DirecTV stream using a hacked card, violates copyright law. There was no express authorization given to decode the stream, the decoding was unauthorized. The act of encoding something that requires a key to decode implies that consent from the broadcaster MUST be explicitly given. I thnk that's how common law has treated the question in court cases.

      The EFF here has stopped DirecTV from grabbling name lists of people who own devices that can forge cards. Because the devices have legitimate uses other than forging cards, it cannot be proven by the mere ownership of a unit that the person's intention was to steal encrypted signals. This also has precedent in English law and common law. There is a very old case in English law that states the possesion of lockpicking tools did not, by itself, demonstrate intent to commit a crime. I need to look that case up...

    72. Re:What are legitimate uses by Dun+Malg · · Score: 1
      Anyway, try this on, then. Suppose I sneak into a Broadway play without paying, and watch the whole thing. I even stand in the back, in the aisle, so there's no way I'm taking up a seat that would be otherwise occupied by some paying customer. Have I done anything wrong in so doing? Why or why not?

      Trespass. Your purchase of a ticket is your permission to enter the premises. Without that or some other form of permission from the property owner or his agents, you are guilty of trespassing. You'll certainly be charged with that and fined according to the law regarding trespass. They most certainly will NOT fine you the price of ticket to the show!

      Try again?

      --
      If a job's not worth doing, it's not worth doing right.
    73. Re:What are legitimate uses by general_re · · Score: 1
      I pay for whatever reason I decide makes it valuable to me. You're an idiot if you think you have some magical insight into the what constitutes value for someone else.

      Nobody gives a shit what you decide the value is, because you don't get to dictate the value to the person providing the service. Either you come to some mutually agreeable solution allowing you access to the service, or you don't get access, but you certainly don't get to decide that the objective value of the service is zero and use that valuation to justify taking it without compensation.

      My motivation for doing it has absolutely no bearing upon whether or not DTV's has the moral right to dictate what I do in my own house that harms no one.

      Oh, please. Look up "mens rea" sometime - your state of mind is an integral part of whether or not your actions are permissible or not under the law, and it has always been thus, going back a thousand years or so. I realize it's inconvenient for you to have people judging your motives - makes it harder to pull off that "but I wuz just testing the system!" business - but that's life.

      Anything that does not infringe upon the rights of others should be allowed.

      Well, whatever. Make that argument if you like, but that ain't the law now, nor is it likely to be any time soon, mainly because the issue of rights and infringments is not nearly so neat and clean as your average libertopian pretends it is.

      DTV has no right to demand money for services I have not requested.

      You have no right to services that you haven't paid for, especially when you're taking them against the will of those doing the providing. Do the people in DTV-land have no rights, or are we supposed to pretend that your rights are somehow superior?

      But just because "society" has decided something doesn't mean it's not an infringement of our rights.

      You can argue that all the live long day, for all the good it does you, but the bottom line is that a "right" that you claim to have, but which no one else recognizes as a right, is of no practical value to you whatsoever. You can claim that you have a natural right to free daily blowjobs from the supermodel of your choice, but nobody else recognizes that as a right, which pretty much renders it a theoretical right at best - rights are as much a matter of social compact as they are of natural law or whatever else you want to drag in. As a practical matter, not very many people recognize your "right" to free HBO at the moment - perhaps you can eventually persuade them otherwise, but in the meantime, don't be surprised if your exercise of your presumed "right" meets with some opposition.

      Like it or not, this is an infringement upon my right to do what I like with my own property.

      Even if I grant such a right exists, in what imaginary world are any of your rights absolute and unlimited? You don't have the right to do absolutely anything you like with your own property, and you never have had such a right - claiming that any restriction is a priori immoral is just plain goofy. It may be your land, but you don't have the "right" to "do what you like" with it - you don't have the right to build a slaughterhouse and animal rendering plant in a residential neighborhood. It may be your stereo, but you don't have the "right" to "do what you like" with it - you don't have the right to blast it at 3 AM in a crowded apartment building. It may be your hammer, but you don't have the "right" to "do what you like" with it - you don't have the right to break someone's window or mailbox or face with it. You're telling me any drawing of lines at all is inherently immoral, and I'm here to tell you that you can't avoid drawing lines about what you can and can't do with your property somewhere, unless you live in a society of one - the only argument is where to draw the line. The argument about whether is over and

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    74. Re:What are legitimate uses by general_re · · Score: 1
      Trespass. Your purchase of a ticket is your permission to enter the premises.

      I forgot to mention - today's performance is outdoors, in the park. Public property and all that, but you still have to buy a ticket and bring your own blanket to sit on. None of that ticket nonsense for me, though - am I doing anything wrong?

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    75. Re:What are legitimate uses by liquidsin · · Score: 1

      It's been far too long since I added anything to this thread.

      That is all.

      --
      do not read this line twice.
    76. Re:What are legitimate uses by Dun+Malg · · Score: 1
      I forgot to mention - today's performance is outdoors, in the park. Public property and all that, but you still have to buy a ticket and bring your own blanket to sit on. None of that ticket nonsense for me, though - am I doing anything wrong?

      It is possible to trespass on public property, you know.

      --
      If a job's not worth doing, it's not worth doing right.
    77. Re:What are legitimate uses by general_re · · Score: 1
      It is possible to trespass on public property, you know.

      Like when you grab hold of ostensibly "public" airwaves that someone is using for commercial purposes?

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    78. Re:What are legitimate uses by Dun+Malg · · Score: 1
      It is possible to trespass on public property, you know. Like when you grab hold of ostensibly "public" airwaves that someone is using for commercial purposes?

      No. The equivalent to "trespass" on public airwaves would be broadcasting without a license. Receiving radio signals (as covered ad nauseum in previous posts) does not diminish anyone's ability to use the frequencies one is receiving.

      Do you not understand the basic priciples of the rights of man? You seem to be unclear on the distinctions between rights and law. May I suggest a little Thomas Paine?

      --
      If a job's not worth doing, it's not worth doing right.
    79. Re:What are legitimate uses by general_re · · Score: 1
      Receiving radio signals (as covered ad nauseum in previous posts) does not diminish anyone's ability to use the frequencies one is receiving.

      Ad nauseam indeed - I see your confusion is deep and impenetrable. To reiterate, the fact that you think nobody else's use is diminished does not give you the right to decide that the value of the service is zero, and thereby rationalize an act that the laws label theft.

      Do you not understand the basic priciples of the rights of man?

      Do you not understand that your unilateral declaration that free satellite television is a "right" does not, in fact, make it so?

      Invent all the "rights" you like, but at the end of the day, if you're outvoted, none of them mean squat in the here and now, and you can look to the next life to exact any justice that these slings and arrows to your sense of natural rights may demand...

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
  10. Stopping such nonsense by earthforce_1 · · Score: 4, Interesting

    The best way to stop such DMCA nonsense is not in the courts, it is by grassroots public awareness. If somebody tries to sell you a DirectTV subscription, or a Lexmark printer (with DMCA protected non-3rd party ink cartridges) let them know exactly why you will not purchase it. If they hear it more than once or twice, this will work its way back to headquarters. Eventually the execs will clue in that they are pissing off enough potential customers that they will back off, even if the law was on their side.

    --
    My rights don't need management.
    1. Re:Stopping such nonsense by Matt2k · · Score: 3, Interesting

      That's an excellent idea. After the incident with the Belkin home routers redirecting HTTP traffic to an advertisement for some services, I was in a Fry's a month or two later where the salesman tried to sell me one. He was very insistent on the Belkin products. I explained why I wouldn't purchase a Belkin product again, and he sort of nodded resignedly towards his feet and agreed.

    2. Re:Stopping such nonsense by Anonymous Coward · · Score: 0

      I think you overestimate the power of a few sweaty, pear shaped virgins. When 99.9% of us don't care (because we are actually honest enough to pay for our satellite service), the salesman will just laugh you back to your mom's basement where you can eat cheetos and download photoshopped nekked pictures of Natalie Portman and wish you really had a life.

    3. Re:Stopping such nonsense by Anonymous Coward · · Score: 0

      Been doing just that...

      They keep offering me N months, 2-3 rooms, plus installation for some low, low rate (like $1). I keep tell'ing 'em that for the cost of the inevitable court settlement, I can get over SEVEN years of cable in every room.

  11. Borrowing by Anonymous Coward · · Score: 0, Funny
    So if you only borrowed the signal for a short amount of time is that the same thing as stealing?

    Not that I have anything to hide... really.

    1. Re:Borrowing by Anonymous Coward · · Score: 0

      Only if you gave it back afterwards

  12. A little too much credit by tbase · · Score: 5, Informative

    Is everyone forgetting that DirecTV has effectively shut down the "pirates" (for now) by phasing out the last of the "hackable" smart cards? Between that and their soaring subscriber base (especially when compared to cable), it's no longer cost effective for them to continue with these tactics, nor is it worth the negative publicity. I'm all for the EFF, but if the RIAA found a way to stop 99.9% of file sharing, they'd drop their lawsuits too. Hate them all you want, but they are only fighting a perceived threat, using what they consider to be a deterent. If there's nothing left to deter, they aren't going to spend the money on it.

    --

    666-607: 6th floor apartment of the beast
    1. Re:A little too much credit by Anonymous Coward · · Score: 1, Interesting

      LOL - they 'shut down' F & H cards. They are about done with HU, Now they have P4s... and people are still watching free TV. All DTV is doing is bolstering the card programmer market.

    2. Re:A little too much credit by Anonymous Coward · · Score: 1, Informative

      agreed. this is only because they have stopped the usage of their HU cards which was the last "hackable" card. their latest cards have not yet been hacked so it's easy for them to say "sure we'll back off the lawsuits now..." because they dont have any legitmate lawsuits left at all. once their new cards get hacked i'm sure they'll start sueing everyone again.

    3. Re:A little too much credit by Dun+Malg · · Score: 1
      Now they have P4s... and people are still watching free TV.

      You know of a P4 hack? Please share this, as nobody else in the DTV "testing" scene seems to know about it yet!

      --
      If a job's not worth doing, it's not worth doing right.
  13. *sigh*......When will they learn?? by sage2k6 · · Score: 4, Insightful

    As a business, the worst thing to do is to sue your own customers for some obscure reasons...... the same goes for RIAA!

    --

    -----
    "If everything seems to be going well, you obviously don't know what the hell is going on." - Murphy's Law
    1. Re:*sigh*......When will they learn?? by JosKarith · · Score: 1

      Or SCO...

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    2. Re:*sigh*......When will they learn?? by Anonymous Coward · · Score: 0

      Only if there are alternatives for the customers. When there are not, or the alternatives are as bad if not worse, feel free to sue away.

    3. Re:*sigh*......When will they learn?? by Anonymous Coward · · Score: 0

      Someone who is actually stealing the service is not your customer. Customers usually pay you.

  14. Re:Article Text by CokeBear · · Score: 1

    Its not Slashdotted, but Akamai is down today, so many of us on the east coast can't reach it. (Anyone know the IP address?)

    --
    Reality has a liberal bias
  15. Backing off because of of the end of older cards? by FerretFrottage · · Score: 3, Interesting

    Perhaps Directv is backing off a bit now that they have ended/replaced the easily hackable older cards (h and hu/p3 cards). I'm sure that once the newer cards are hacked and these hacked cards fall into the hands of signal stealers, Directv will become more offensive minded again.

    --
    "Look Lois, the two symbols of the Republican Party: an elephant, and a fat white guy who is threatened by change."
  16. Still guilty until proven innocent... by dobedobedew · · Score: 5, Insightful

    Directly from the article:
    "If purchasers provide sufficient evidence demonstrating that they did not use their devices for signal theft, DirecTV will dismiss their cases. EFF and CIS will monitor reports of this process to confirm that innocent device purchasers are having their cases dismissed."
    So you are STILL guilty until proven innocent. This saga is not over yet.

  17. But... by Mz6 · · Score: 3, Insightful

    Some people might not have even known that owning the cards were legal. When presented with such a demanding document to "settle or else" it makes most people scared. And you're right.. most people will settle just to make it go away... However, if you are under the impression that it's illegal to own such a device.. they have records you purchased it, etc.. Of course you would settle!

    --
    Hmmm.
    1. Re:But... by addaon · · Score: 0

      Except if I do something illegal, it's between the government and myself, not between a third party and myself...

      --

      I've had this sig for three days.
    2. Re:But... by general_re · · Score: 2, Insightful
      Except if I do something illegal, it's between the government and myself, not between a third party and myself...

      Not at all - if your illegal act has the effect of harming some third party, you may very well face civil damage claims from those third parties, as well as the ususal criminal penalties. Ron Goldman's parents did successfully sue OJ Simpson, after all.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    3. Re:But... by moofdaddy · · Score: 1

      If a person settles though, it is their own fault. Regardless of whether they were convinced by DirectTV that they were screwed or not. All they had to do was pick up a phone and call a lawyer. The negligence is their fault, not DirectTv.

      --
      Be better in bed. Wikiafterdark!
    4. Re:But... by FuzzyBad-Mofo · · Score: 4, Informative

      Right, DirectTV is filing their claims under tort law, not criminal law. DirectTV is not accusing the defendant of necessarily breaking any laws, only that they were harmed as a result of the defendant's action. Remember when OJ was found not guilty at criminal court, then later was found responsible at civil court?

      That's another reason defendants in these cases may have been urged to settle: civil trials are held to a much lower standard of proof than criminal trials are. "Guilty beyond a shadow of a doubt", only applies to criminal charges.

      /not a lawyer

    5. Re:But... by theshowmecanuck · · Score: 4, Insightful

      Ya right... most people do not have the kind of money it takes to hire a lawyer... especially when it looks like a big bully with deep pockets is pushing you around. Hobbyist does not equal "rich person" (though there may be hobbyists who are well off). Even an average person can't afford to shell out a hundred or more dollars an hour it takes to hire a lawyer. This is why Direct was doing this. You seem to have too much money, and not enough thought.

      --
      -- I ignore anonymous replies to my comments and postings.
    6. Re:But... by Anonymous Coward · · Score: 1, Informative

      Obviously not a lawyer. It isn't 'beyond a shadow of a doubt', it is 'beyond a reasonable doubt'. Much lower standard, really. On the other hand in a civil case, the standard is even lower, a preponderance of evidence is sufficient. Oh, IANAL either.

    7. Re:But... by Anonymous Coward · · Score: 0

      As most of the M$ settlements were made without admitting any guilt I think this is a moot point. The reality is that if you are employed and need to defend yourself in civil action you can loose everything.... even if you win.

      The legal system is shit and everyone knows it. We just let the frigging system perpetuate the interests of the scumball lawyers....

    8. Re:But... by Anonymous Coward · · Score: 0

      civil trials are held to a much lower standard of proof than criminal trials are. "Guilty beyond a shadow of a doubt", only applies to criminal charges.

      Also, in some cases you can be found to be "partially" liable, and you pay up some part of the full amount.

    9. Re:But... by general_re · · Score: 3, Informative

      As someone pointed out elsewhere on the thread, that's simply a result of the differing standards of legal proof in civil versus criminal courts. In terms of the burden of proof, it's much easier to sue someone that it is to prosecute them. If the OJ example offends you, I'm sure you can think of analogues to illustrate the point some other way, though ;)

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    10. Re:But... by holt · · Score: 0, Offtopic

      This is entirely off-topic, but you're incorrect. OJ was not found innocent, he was found not guilty. There is a difference. Innocent means you didn't do it. Not guilty means there is reasonable doubt about whether or not you did it. IANAL, etc.

    11. Re:But... by Anonymous Coward · · Score: 0

      I think you're wrong about the shadow of a doubt thing, it would be tough to convict anyone at that level. Reasonable doubt on the other hand... that's what will put a criminal away.

    12. Re:But... by skifreak87 · · Score: 2, Interesting

      It's your fault if you take the word of someone suing you. I'm sorry, I don't think what DirectTV is doing is right (should be illegal, IMHO, to bring about lawsuits if you have no evidence supporting your claims), but the first thing you should do if sued is contact a lawyer. You can countersue for legal fees if their case is weak enough (IANAL, i don't know the specific requirements). Settling w/out first talking to a lawyer is a recipe for letting yourself be fucked, so don't do it. I can't imagine people who are spending disposable income on these devices don't have the cash to get a tiny bit of legal advice before signing a settlement agreement, and I have very little sympathy for people who let themselves get bullied around b/c they didn't know or even try and find out if they weren't breaking the law.

    13. Re:But... by copypaste · · Score: 2, Interesting

      Hypothetically, if I AM using the equipment to pirate the signal and I get sued, how can I get in on this "legitimate use" gravy train?

    14. Re:But... by nerdsv650 · · Score: 1

      Some people might not have even known that owning the cards were legal

      Do you purchase something thinking there's a good chance that it is illegal? If so, perhaps you deserve whatever you get, legal threats and all. Note that I'm not supporting DirecTV's position, far from it, but it seems like there might be a Darwinian aspect to this.

      -michael

    15. Re:But... by the_mad_poster · · Score: 1

      Hypothetically, not being one of the crooks who helped to instigate this whole nightmare in the first place would've been a good start.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    16. Re:But... by reve · · Score: 1

      Y'know, I think we as a society owe OJ Simpson a debt of gratitude. As an athelete and a bit-part actor, he didn't really _contribute_ anything _useful_ to our society. But here we are, a decade after his actions took place, and we still use _his_ case to explain the difference between civil and criminal law. In fact, I can't ever remember the difference being explained to someone _without_ OJ being brought up. Heck, just glance through the posts in this story.

      This difference used to be a difficult thing for people to comprehend. Now that understanding is almost a given in our society -- everyone gets it.

      To me, this is OJ's great contribution to our culture. He has enriched the minds -- and expanded the legal knowledge -- of _millions_ of Americans.

      This is why OJ is truly an American Hero.

      --
      -- r . m o s q u i t o --
    17. Re:But... by WNight · · Score: 2, Insightful

      Unfortunately the US legal system is next to worthless these days. If you don't settle, and quickly - not enough time to properly investigate the issue - DirectTV hit you with a high-dollar case and enough paperwork to choke a horse. A lawyer, or anyone with ready access to one, might be able to fight. Anyone else just got run over.

      It simply isn't possible to represent yourself, especially on a budget.

    18. Re:But... by DEBEDb · · Score: 1

      Major premise: A person is innocent until proven guilty in a court of law.
      Minor premise: OJ was not proven guilty in the court of law.
      Conclusion: OJ is innocent (legally speaking; your opinion may vary, of course)

      --

      Considered harmful.
    19. Re:But... by skifreak87 · · Score: 1

      If I can buy a smart card programmer, I can fork over $150 for a legal opinion (basing that on a half hour of time) before settling. Yes it's true you can't represent yourself, but that doesn't make the system next to worthless, IMHO. It just means that corporations can bully people which is crap, yes, but it doesn't make the system worthless. I'd like to see a better one. IMHO, jury system sucks b/c no one who isn't salaried has any incentive within the system (i.e., beyond a sense of civic duty) to want to participate and plenty incentive to not participate $40 a day, or do work that bills out at $350/hr, not much of a choice. I also don't consider unemployed high school dropouts my peers (I, to be a bit pompous, wouldn't consider anyone w/out a bachelor's from an elite institution to be my peer) but they can still end up on a jury judging me I wouldn't scrap the system though.

    20. Re:But... by Scratch-O-Matic · · Score: 1

      Maybe in this case the difference is that DirecTV wasn't set up by The Man. Did you think of that? Huh?

      --


      Evil is the money of root.
    21. Re:But... by WNight · · Score: 1

      The system might not need a total overhaul to be useful, it might even be 90% of the way there, but that 10% of exploitability is enough for someone like DirectTV to bankrupt thousands of people without any fear of the consequences.

      As long as this is possible you have to doubt every judgement if one side is richer than the other. The trust people need to have in an impartial judicial system is gone. I personally have no faith in the ability of the US judicial system to uphold any freedoms if there's a corporation passing out a lot of "campaign contributions" to squash it. At this point I have no motivation to work inside the system because I don't believe the system works.

      It's as if the police "only" framed 10% of the people they stopped. Nobody would trust them at all.

    22. Re:But... by fingerfucker · · Score: 1

      "Guilty beyond a shadow of a doubt", only applies to criminal charges

      Just for the future, "doubt" does not have a "shadow" to it. The "shadow of doubt" is more of a paperback novel term.

      The correct terminology is "beyond reasonable doubt".

    23. Re:But... by skifreak87 · · Score: 1

      I think it's just a difference in perspective. To me, NOT consulting a lawyer is just stupid because I don't know anyone who honestly can't afford one and if you don't know enough to ascertain whether or not you've done anything wrong and/or could be liable for damages it's common sense to ask someone who does. To you, needing a lawyer is a sign of failure. I can't think of any POSSIBLE system that allows the average ignorant American fair protection from those who know the law. In this case it's not money that's doing the bullying it's ignorance (an understandable amount. I don't know tort law but if I'm sued I will be on the phone w/ a lawyer right away). IMHO, our political system is the best I've ever seen but the concept of using money to get elected almost sickens me but it doen't make me thinks the system doesn't work. I also hate our judicial system because 1) the jury of our peers concept which I find complete BS - see above post and 2) i have a much higher threshold of doubt than I see in general (my worries are much more about convicting the wrong person as opposed to letting criminal go) and dislike the nature of prosecutions (it's about finding SOMEONE to blame and prosecute not finding the truth, IMHO). But I also wouldn't scrap it or replace it until I see/hear of a better system

    24. Re:But... by holt · · Score: 1

      Legally speaking, that's true, I suppose. But I thought the original poster was implying that the court examined all the evidence and decided that OJ didn't do it. That's not the case. They decided there wasn't enough evidence to conclude he did do it. It's a subtle difference, but there is a difference.

    25. Re:But... by WNight · · Score: 1

      But a lawyer is going to tell you to settle with DirectTV, if they're a good lawyer at least, because that's the way to save money. This isn't finding $150 for an hour to talk to a lawyer, this is finding $5k or more in order to mount an effective defense, all to save paying $5k or so...

      I agree about the jury thing, I can imagine many cases where five random people are likely to be directly opposed to my point of view.

    26. Re:But... by geminidomino · · Score: 1

      *I* always knew they were legal, but this BS has made it damned hard to find one of these programmers in the states (even though I don't even have SAT equipment to use the cards in). Is there anywhere to get one of these (Preferably a nice one like a Mastera) in the states??

  18. Partly because HU's are dead... by Dun+Malg · · Score: 4, Informative

    I suspect part of the reason DirecTV has softened on this is that the particular series of access cards these programmers were designed to hack are no longer functional. In mid-april DirecTV switched from the older encryption stream decoded by the (hackable) P3 cards to the new encryption only decodable by the P4 or higher series. They figured that few enough legit customers were still running on old P3 cards (they'd been sending P4's to all subscribers with P3's for months) that they could safely shut down the old cards entirely. So DirecTV promising not to be so heavy-handed in the future is a moot point. Anyone buying a smartcard programmer to hack DirecTV now is an idiot throwing their money away.

    --
    If a job's not worth doing, it's not worth doing right.
    1. Re:Partly because HU's are dead... by stratjakt · · Score: 2, Insightful

      Yeah, BUT, P4 may prove hackable with stock components (ie; not ordering some device that specifically exists only to hack DTV).

      Imagine one day you go to radio shack to buy a couple voltage regulators and some resistors, and wind up being sued for $$$$$ because those components can be used to pirate satellite (a purposefully dumb example).

      I think the important point is they're agreeing to go after people purchasing stuff that's specifically designed for hacking satellite.

      Frankly, I think all the various local free-to-air channels on satellite should be available for anyone who wants to buy a dish (ABC, CBS, etc). Think about it, everyone buys a dish to watch the free stuff, and 75% of them one day "upgrade" to get HBO or Spice channel. They'd absolutely *cream* cable. And I really don't see what's so wrong with me in MD wanting to watch the local news from CA. But that's all offtopic.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:Partly because HU's are dead... by XMyth · · Score: 1

      Anyone buying a smartcard programmer to hack DirecTV now is an idiot throwing their money away.

      Especially if it's a quadra glitch loader with multi level cross glitch technology.....heh. Some of you know what I mean...=)

    3. Re:Partly because HU's are dead... by Monkey · · Score: 1

      Imagine one day you go to radio shack to buy a couple voltage regulators and some resistors, and wind up being sued for $$$$$ because those components can be used to pirate satellite (a purposefully dumb example).

      Actually that's not a dumb example. It's a common practice to buy a bunch of Radio Shack resistors to create a device called a JTAG. A JTAG is used to extract the box keys from Dish and ExpressVu recievers in order to receive satellite services illegally. I know if I saw somebody buying five 100 Ohm resistors at Radio Shack, I would assume they were building a JTAG.

    4. Re:Partly because HU's are dead... by Dun+Malg · · Score: 1

      Especially if it's a quadra glitch loader with multi level cross glitch technology.....heh. Some of you know what I mean...=) WE HAVE THE ONLY PROVEN P4 ECM PROOF BOOTLOADER 3M GLITCHER LOADER!!! THIS IS NOT A SCAM! WE ARE THE ONLY GROUP WITH A WORKING PPV WIPER! GUARANTEED SATISFACTION! SEND US A BLANK POSTAL MONEY ORDER FOR $250 AND ENJOY GUARANTEED ECM-FREE TV! heh

      --
      If a job's not worth doing, it's not worth doing right.
    5. Re:Partly because HU's are dead... by tbase · · Score: 2, Informative

      And I really don't see what's so wrong with me in MD wanting to watch the local news from CA.

      That's actually not what they're worried about. Your local CBS affiliate wants you to only be able to watch Wheel of Fortune on their channel, because if you can get the California feed, you might decide to watch it at 10:00pm local time on the Cali station instead of at 7:00pm on their station, thereby robbing them of ratings and ad revenue.

      More choices are only good for the consumer, which is why businesses tend to fight anything that gives you more options.

      --

      666-607: 6th floor apartment of the beast
    6. Re:Partly because HU's are dead... by narcc · · Score: 1

      if I saw somebody buying five 100 Ohm resistors at Radio Shack, I would assume they were building a JTAG.

      Don't resistors come in packs of ~5 or 6 at Radio Shack? I don't seem to recall being able to buy just one at the store.

      Personally, if I saw someone buying five 100ohm resistors at Radio Shack I'd assume they were building somthing that required at least one.

      Now a 6.5mhz crystal and a tone dialer on the other hand...

    7. Re:Partly because HU's are dead... by reve · · Score: 1

      > Now a 6.5mhz crystal and a tone dialer on the other hand...

      If I saw someone buying a 6.5mhz crystal and a tone dialer... I'd tear the dot-matrix schematic printout from their hands and them about this magical new thing called "the internet."

      "Kinda like BBSs, only better!" I would say.

      Then I would hit them and steal their Kid-N-Play tapes.

      --
      -- r . m o s q u i t o --
  19. Quite the coincidence, eh? by javab0y · · Score: 5, Interesting

    Everyone thinks this is due to the EFF's hard work. As much as I have great respect for the EFF and honor thier initiatives, this deceision was not due to thier hard work.

    DirecTV swapped out thier P3 cards and shut down mass piracy in April. They have sued over 24000 people. With piracy down to 0 for them, they will have a hard time convincing courts since thier arguments are not nearly as strong without all of those web sites hawking hacked cards. I think this agreement to be a "kinder and gentler DirecTV " is purely due to them cleaning up the stream, and not the hard work of the EFF. If there were still 1000s of hacked cards out there, rest assured, DirecTV would continue its extortion campaign.

    1. Re:Quite the coincidence, eh? by BrK · · Score: 1

      It has nothing to do with HU being dead now. They are/were suing people for devices purchased (and supposedly used) years ago.

      If they hadn't received the pressure from the EFF, and other organizations, they would have been quite happy to continue extorting funds as long as possible.

      --
      -This sig intentionally left blank
    2. Re:Quite the coincidence, eh? by Reziac · · Score: 1

      What happened to the market for these smart cards, once the DirecTV hole was closed?

      I'd think if there is *still* a good market for the cards, that alone would indicate that a substantial proportion of previous buyers were also using them for non-DirecTV [ie. legit] purposes.

      (OTOH, I've not received a spam for such cards in some time.. hmm...)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:Quite the coincidence, eh? by javab0y · · Score: 2, Insightful

      It has nothing to do with HU being dead now. They are/were suing people for devices purchased (and supposedly used) years ago.

      Not true. The point I was making was thier first argument was the monumental losses they incurred from piracy. They state "just look at all of the site distributing piracy equipment". This was one of thier strongest ways to win over a judge or jury. Now they lack this ability because the websites are for-the-most part gone. They cannot go into a judge and cry about the huge losses. Now it looks to a judge as big company laying the smack down on Joe consumer.

      More importantly, also due to the SOLs (statute of limitations) occurring, they are finding that thier ability to sue is drying up. Therefore, they try to fix the PR by making the public think they are burying the hatchet with thier 'customers'. Why not go out with everyone thinking you arte the 'good guy'. No reason for folks to buy loaders anymore, so the SOL is catching up to them.

      This timing has everything to do with the HU stream ending

  20. not a coincident by supergwiz · · Score: 4, Interesting

    DTV has recently shut down the HU stream, the only hackable signal thus killing the demand for these equipment. This PR throwing a meanless bone, in reality it is no longer a significant concern for them anymore.

  21. Re:Article Text by Anonymous Coward · · Score: 2, Informative
  22. Not a reason to celebrate! by Anonymous Coward · · Score: 0

    The fact that the only way to protect people was to convince the company that they should play nice is not a victory, it is a horrible defeat. The EFF should be ashamed of this hollow "triumph", and anyone who cares about their rights should remember that, if DirectTV wants to, there's nothing stopping them from returning to their old policy.

  23. There really is only one way to stop this by ShatteredDream · · Score: 4, Interesting

    In the military you are held accountable for what your subordinates do. Unless they make a conscious, conspiratorial effort to keep you out of the loop, you are presumed to know what they are doing. In other words, 999 out of 1000 cases, a noncom or officer is presumed to know exactly what they are doing. Therefore they are held responsible if they are violating the Uniform Code of Military Justice. Unlike the civilian world, in the military world, the buck stops with whoever is in charge where the violation was occurring, and damage can spill over into higher ranking personnel.

    The only way to stop stuff like this is to apply that standard to the civilian business world on criminal activity. Don't punish the stockholders by fining the company because Mr. Big Rich White CEO claims he didn't know what was going on. Bullshit, he was hired specifically to know what at a minimum his underlings were doing. Can you imagine the fallout of an army major saying "gee Mr. JAG Officer, I had no idea that lieutenant smith was killing civilians while we were occupying this village." The JAG would laugh his ass off as military police escorted at least the lt. and probably the major too off to a brig.

    Personal responsibility is out of style in America today. We want power, but so many don't want the responsibilities that come with it. Look at the female general who is trying to cry like a little girl that she "didn't know that the abuse was going on in Abu Ghraib." Bullshit. With a command that small in such tight quarters you'd have to know. Let the DirecTV executives get hit directly instead of the company and that will scare off anyone that would follow in their footsteps.

    1. Re:There really is only one way to stop this by Viol8 · · Score: 1

      "Big Rich White CEO "

      So would it be ok if he was skinny , poor and black??

    2. Re:There really is only one way to stop this by Anonymous Coward · · Score: 0

      Want to know why personal responsibility is out of style?

      Take a look at the "never wrong" administration Scalia appointed to the White House after Gore won the last election.

    3. Re:There really is only one way to stop this by Anonymous Coward · · Score: 0

      "Mr. Big Rich White CEO"

      Man, you have issues, but then again so do I. You forget "republican, obese, adulter, and anti-semite". Oh and through in "Enron" too.

    4. Re:There really is only one way to stop this by Anonymous Coward · · Score: 0

      Dude, you are drinking way too much Democrat koolaid.

    5. Re:There really is only one way to stop this by Young+Master+Ploppy · · Score: 4, Insightful

      Can you imagine the fallout of an army major saying "gee Mr. JAG Officer, I had no idea that lieutenant smith was killing civilians while we were occupying this village."
      Um.... isn't that exactly what's happening with the abuse of Iraqi prisoners at Abu Ghraib?

      --
      http://instantbadger.blogspot.com
    6. Re:There really is only one way to stop this by GPLDAN · · Score: 1

      Is skinny the opposite of big? What if he meant big, as in "livin large"? Like "hey that dude is Big Pimpin'!"

    7. Re:There really is only one way to stop this by dupup · · Score: 1
      The only way to stop stuff like this is to apply that standard to the civilian business world on criminal activity. Don't punish the stockholders by fining the company because Mr. Big Rich White CEO claims he didn't know what was going on.

      Compare and contrast with the culture and legal system of Japan. Here's a story about the former president of Mitsubishi who was arrested on charges of covering up auto defects. I guess you could say that the same thing would happen here under similar circumstances, but I'm not entirely convinced. It's hard not to be cynical under the current pro-corporate administration.

    8. Re:There really is only one way to stop this by narcc · · Score: 1

      Don't punish the stockholders by fining the company because Mr. Big Rich White CEO claims he didn't know what was going on.

      How did this obvious troll get modded interesting? What about all those Big Rich Black CEOs or Big Rich Jewish CEOs or Big Rich Asian CEOs?

    9. Re:There really is only one way to stop this by 09za+ · · Score: 1

      Want to know why personal responsibility is out of style?
      Try
      "doen't rise to the level of"
      or
      "it wasn't sex...it was just sex"
      or
      "I did not have sex with that woman, miss Lewinsky"

  24. Re:Article Text by Anonymous Coward · · Score: 0

    Mod down, karma whore. eff.org isn't going down over a mere slashdotting.

  25. You know what Im sick of? by TEMM · · Score: 4, Informative

    those ads on tv, and the phrase in the article "Stealing Satellite SIGNALS"... Now i may be way off base, but how the heck does one steal a satellite signal? They are beamed to everyone in north america/world... Basically the phrase stealing satellite signals could be applied to someone who has a dish on their roof, but no decoder, since they are collecting the satellite signals.... I mean really, its not stealing the signals, its illegally decoding the signal that the problem...

    1. Re:You know what Im sick of? by hal2814 · · Score: 1

      The ads I've seen lately have changed their wording to "Stealing Satellite SERVICE".

    2. Re:You know what Im sick of? by tsg · · Score: 2, Insightful

      those ads on tv, and the phrase in the article "Stealing Satellite SIGNALS"... Now i may be way off base, but how the heck does one steal a satellite signal?

      It's part of the campaign to equate copyright infringement with theft of property.

      --
      People's desire to believe they are right is much stronger than their desire to be right.
    3. Re:You know what Im sick of? by whoever57 · · Score: 1
      I mean really, its not stealing the signals, its illegally decoding the signal that the problem...

      It can get even sillier. Some years ago, I lived in a continental european country. I wanted to watch British TV programs. I acquired a dish, satelite box and a legal card for the decoder (I was paying the monthly charge for the card). Would the satelite company consider me legal: no, because I was receiving the signals outside of Britain (but still in the European Union).

      Was I alone in doing this? No: in my local supermarket, I had a choice of about 3 magazines that printed the program listing for the satelite stations.

      --
      The real "Libtards" are the Libertarians!
    4. Re:You know what Im sick of? by sparkie · · Score: 1

      The theft is actually the decryption of the signal, not the reception of it. You can't really help but receiving at least part of it. However it still takes a dish to collect enough of that signal to feed it into an LNB and then into your receiver. That's what you get when you let someone who has no clue what they're talking about write an article.

  26. Re:Stopping such nonsense... [OT] by ^me^ · · Score: 1

    Kinda offtopic but I picked one of these up for $10. the price was right. As for the ad? two clicks...

    --
    No one ever says, 'I can't read that ASCII E-mail you sent me.'
  27. Signal interception and trespassing by Webmoth · · Score: 2, Interesting

    So... if DirecTV sues me for interception and theft of their broadcast signal, can I countersue them for trespassing?

    After all, their signal is entering my property without permission.

    OK, so maybe that's a bit far-fetched. Nonetheless, their signal is broadcast, I cannot help but intercept it. Anytime I stand outside, their signal is bombarding my body. Why should it be illegal for me to interpret a signal that I am receiving?

    --
    Give me my freedom, and I'll take care of my own security, thank you.
    1. Re:Signal interception and trespassing by Anonymous Coward · · Score: 0

      So just change your perception of reality so that when you break the law, it's ok. That's what you are saying. Right?

    2. Re:Signal interception and trespassing by Anonymous Coward · · Score: 0

      Well, no, he's just protecting his personal space. Like when someone cuts wind, and he's standing downwind, and "intercepts" the signal, he'll sue the bejeezus out of the guy for trespassing on his personal space.

    3. Re:Signal interception and trespassing by Webmoth · · Score: 1

      Reminds me of a local news story several years ago about a guy who worked in a supermarket suing his employer for creating a hostile workplace by "excessive flatulence"

      --
      Give me my freedom, and I'll take care of my own security, thank you.
  28. Re:Legitimate use? by ^me^ · · Score: 0, Redundant

    Thanks troll, I'll bite.

    Smart Cards are used in computer security, among other things. Google is your friend...

    Waitaminute, he's a troll :)

    --
    No one ever says, 'I can't read that ASCII E-mail you sent me.'
  29. Why not just to play? by Sycraft-fu · · Score: 2, Interesting

    I've debated getting one to screw around with. No real reason, just because I think smart cards are neat. We have them on our university IDs for holding money and to ID ourselves to some kinds of computers (like Sunblades). I think it's an interesting technology, so I've debated getting a reader/writer and a couple of cards to mess with.

    Also if I were going to do access control for anything, smart card technology would be the first place I'd look. It is FAR more secure than something like magnetic stripe and allegedly more reliable. If I had a bussiness that needed key-type access restrictions to rooms or computers or the like, I'd probably try and do it with smartcards.

    And before someone asks, I have cable so I'm wouldn't even able to intercept the DirectTV signal without other hardware.

    1. Re:Why not just to play? by Dun+Malg · · Score: 3, Interesting
      Also if I were going to do access control for anything, smart card technology would be the first place I'd look. It is FAR more secure than something like magnetic stripe and allegedly more reliable. If I had a bussiness that needed key-type access restrictions to rooms or computers or the like, I'd probably try and do it with smartcards.

      SmartCards are overkill for straight access control. Unless you're controlling access to encrypted data by keeping a very large key on the card itself, all you need is a unique identifier. Most card-based access control is done with prox cards nowadays. The days of having to stick a card in a slot or swipe one through a reader to open doors are over. The advantages of prox cards are numerous: You can mount the reader at [pocket|purse] level by the door so one doesn't even need to get the card out of one's wallet to enter. You can hide the reader behind a stucco or wood surface of an exterior wall redering it nearly impervious to vandalism. Prox cards aren't susceptible to physical deterioration of the electrical contacts or exposed magnetic stripe.

      --
      If a job's not worth doing, it's not worth doing right.
    2. Re:Why not just to play? by (C)0N0(R) · · Score: 1

      NYC uses smart cards for their Muni-Meter parking system. The cards are supposedly disposable, bought in value of up to $50. once expended, they must be replaced. At least AFAIK.

      --
      The light at the end of the tunnel is a train.
  30. Card hackers piss me off by kin_korn_karn · · Score: 1, Interesting


    I'm usually an anti-big-business super-liberal type, but I don't mind this at all.

    Card hackers piss me off. DirecTV service is great. It's worth paying for. You get a hell of a lot more than your average cable service for the same price in both volume of channels and quality of picture.

    If you don't want to pay for TV, don't watch it. You'll be better off anyway.

    1. Re:Card hackers piss me off by GPLDAN · · Score: 1

      Well, as a liberal, let me show you the downside of things like this. The feds show up at your house, because Comcast mixed up an IP address and confused you with a guy sharing - I dunno - the Matrix as MPEG on your web server. Why, I don't know, they were horrible movies. But I digress...

      The feds swoop in and alas, even after scanning your drive for deleted sectors and file names, they don't find either the MPEGs or a web server. Hmmm. They DO find, however, some DVD decryption software you downloaded from DVDJon. And you have a DVD burner in your rig. Should you be charged with a crime? What if you have a copy of Star Wars on a DVD on your desk. You made it from your VHS copy, because Lucas is a dumb fuck who won't put it out on DVD, and your VHS machine busted. It's your copy, you had no intention of selling it, but you have the MEANS to do so. Time to meet Bubba in the federal-pound-you-in-the-ass prison?

      Here's an easier one. You are pulled over for weaving on the road, because you have chewing gum on your shoe. The cop sees a bong in the passenger seat. Citing probable cause, he searches your car. Doesn't find drugs. The bong was for your hamster cage. Are you still chargable with a crime? DirecTV says you are.

    2. Re:Card hackers piss me off by emtboy9 · · Score: 1

      Here is the problem. You already are paying for TV, even if you get it for free. You buy products that are sold by advertisers who pay the television stations/cable stations.

      The movie channels are all owned by media conglomerates that make money by selling advertising, and by selling goods and services, again, to people like you and I.

      What is the difference between recieving NBC, CBS, ABC, Fox, WB, etc onto a TV using a simple RF antenna, and doing same with a more complicated parabolic antenna? You are doing the same thing: receiving RF signals. If you stole the reciever and dish from someone else, thats one thing, but if you already BOUGHT the dish/reciever, then its yours.

      And besides, you have already paid once for what you watch by buying advertised products.

      --
      "Our funds have never taken part in toxic or death spiral convertible financings of any sort" -BayStar's managing partne
    3. Re:Card hackers piss me off by kin_korn_karn · · Score: 1

      You people are too fucking paranoid.

      First off, none of the above have anything to do with stealing DirecTV's service. You're comparing multi-use devices (except maybe the bong) to a very specialized piece of equipment.

      The RIAA/MPAA subpoenaing your filesystem is different because your PC has more than one use. Same with a DVD burner. A DirecTV reciever has no other use than to convert DirecTV signals. A hacked card has no other use than to steal the signal. If you have both of the above, then you must be a pirate, unless you're that one in 10 million case where you don't use it but you sell it.

    4. Re:Card hackers piss me off by kin_korn_karn · · Score: 1

      What is the difference between recieving NBC, CBS, ABC, Fox, WB, etc onto a TV using a simple RF antenna, and doing same with a more complicated parabolic antenna? You are doing the same thing: receiving RF signals. If you stole the reciever and dish from someone else, thats one thing, but if you already BOUGHT the dish/reciever, then its yours.
      You own the hardware, but the signal still belongs to DirecTV, unless you know some way to claim ownership of a band in the EM spectrum. Your subscription is a license to decode this signal.

      If all you want are UHF and VHF channels, great. Good for you. But if you want more, you have to pay for it. It's called accepting responsibility.

      And besides, you have already paid once for what you watch by buying advertised products.
      Your point?

    5. Re:Card hackers piss me off by praedor · · Score: 1

      Yeah, just don't expect to watch anything during storms. It is absolutely true: there's nothing like a good book on a lousy day...because that's all you have if you have to rely on satellite TV (or internet for that matter). They (DirecTV) also charge you for a freakin phonecall to obtain service for their equipment that THEY are responsible for.


      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    6. Re:Card hackers piss me off by IamTheRealMike · · Score: 1
      Yeah, I have to agree. There are a ton of people here dicking about with semantics and irrelevant details of the technology (but they BEAMED it to me!) and not considering the implications of their actions which is ultimately what the law is based on.

      The whole reason they do signal encryption is because broadcasting is a technically efficient way to get video content to people BUT economically is hard to make work unless (like the BBC) society assumes everybody with a TV will want to watch it. Signal encryption is a good compromise between technical efficiency and economic reality. The people who feel they are owned something for nothing have to consider their actions in the following context: what would happen if everybody did this?

      It then becomes pretty obvious that these people are not acting upon some superior moral reasoning, they are just hoping that the majority of people are honest and will pay for the service, as if they didn't there would be no satellite TV.

      Interestingly, it appears that for now the DirecTV have beaten the pirates, check out this rather spiffy explanation of the technologies involved - basically the old "HU" cards had a weakness in that they couldn't monitor the external clock signal which let you disrupt its execution. The newer P4 cards check for things like this, and so they are currently "unhackable". How long they will remain this way I don't know, but it's obvious that DRM to some extents while always an arms race, can/does work to a great extent.

    7. Re:Card hackers piss me off by emtboy9 · · Score: 1

      You own the hardware, but the signal still belongs to DirecTV, unless you know some way to claim ownership of a band in the EM spectrum.

      Which is part of the point. I can not lay claim to portions of the EM spectrum any more than anyone else can, be it government, corporation, or citizen. The spectrum just is. Its not a parcel of land to be sold piecemeal... NBC can transmit on 56.485MHz (random number for example sake, NOT actual allocation) and BBC2 cand likewise transmit on same freqency, as can any station in Canada, or in Mexico, or in any other state.

      An FCC licence to use a particular frequency in the spectrum is not much more than a federal protection from interference. The chief and probably sole reason for licensing broadcasters AND for putting certain modes of transmission into particular segments of spectrum, is to keep people from stepping on each others toes... which is why NBC is on Channel 9, ABC on 13, etc. And why DirecTV is on one gigahertz freq, Dish network is on a different one, Amsat is on a third, etc etc.

      The arguement that they own the signal is spurious at best. To argue that an RF signal is a tangible or intellectual property that is "owned" also gives creedence to tresspass or abandoned property.

      I dont have DirecTV service, nor equipment, yet they are constantly dumping their "property" all over my yard, house, and body. And since I didnt A: ask them to place it there, B: authorize them to place it there, and C: they didnt come to remove it, it could be considered abandoned property.

      If you really want to consider an RF signal as tangible property, then we should be paying usage feels to Phillips for the signal translated by their lightbulbs.

      --
      "Our funds have never taken part in toxic or death spiral convertible financings of any sort" -BayStar's managing partne
    8. Re:Card hackers piss me off by kin_korn_karn · · Score: 1

      The storm thing sucks, but a good install can get you a strong enough signal such that only the strongest thunderstorms interrupt service. myself, I'd rather have a good picture 95% of the time than a shitty picture 100% of the time.

    9. Re:Card hackers piss me off by kin_korn_karn · · Score: 1

      this is one of the most hair-splitting arguments I've ever gotten myself into, but I'll play:

      The arguement that they own the signal is spurious at best. To argue that an RF signal is a tangible or intellectual property that is "owned" also gives creedence to tresspass or abandoned property.

      Then the RF signal is the media and they own distribution rights to the content encoded in the signal. Just like a CD. If someone throws a CD in your yard, and you don't own a CD player, do you own the music on the CD? No. Legally you may not even have the right to listen to it since you didn't pay for it. Someone did, at some point, but not the actual user of the media (you).

      I dont have DirecTV service, nor equipment, yet they are constantly dumping their "property" all over my yard, house, and body. And since I didnt A: ask them to place it there, B: authorize them to place it there, and C: they didnt come to remove it, it could be considered abandoned property.

      OK, fine. Build a faraday cage around your yard and house, and be sure to wear your tinfoil suit, to avoid RF pollution.

    10. Re:Card hackers piss me off by 09za+ · · Score: 1

      I knew a guy who used to put his hamster in his bong. Sick, really. We called it Rat Hits. I never did one...gross. I think that guy is a lawyer now

    11. Re:Card hackers piss me off by tepples · · Score: 1

      A hacked card has no other use than to steal the signal.

      A device that can program smart cards has plenty of other uses. What about DirecTV receiver + unhacked DirecTV card + credit card whose number is associated to a DirecTV subscription + smart card programmer?

    12. Re:Card hackers piss me off by emtboy9 · · Score: 1

      this is one of the most hair-splitting arguments I've ever gotten myself into, but I'll play:
      Heh... why not ;) and it is... but that is what the law is. Hair splitting. Any legal definition is splitting hairs. Its illegal to kill someone. But it is not illegal to kill someone if they break into your house. Unless you live in a state where that person also has to have a visible weapon. Sadly, while lawyers and politicians are so good at splitting hairs and coming up with arcane legistlation, they also leave a lot of questionable area. What comprises media? And what comprises ownership? Before anyone makes the arguement about buying a tangible like a CD or DVD, please remember that it was only recently (i.e. in the last 3 - 5 years) that companies began insisting that they held absolute control over a work, regardless of whether or not someone paid for the disk it resides on. Sure they did the same in the past, but to a much lesser degree.

      Just like a CD. If someone throws a CD in your yard, and you don't own a CD player, do you own the music on the CD? No. Legally you may not even have the right to listen to it since you didn't pay for it. Someone did, at some point, but not the actual user of the media (you).
      Maybe, but then again, same could be said of a gift. Using your arguements, if I bought you a CD for your birthday, and gave said CD to you as a gift, YOU would not have the right to listen to it, since the rights all belong to the company that made the disk, and therefore are not my rights to give to you.

      And if someone were to throw a CD into my yard, and leave it, it is considered abandoned property, at which point I DO exert some control over it.

      But again, the difference between the CD/DVD model and the satellite model is that I HAVE TO GO AND PHYSICALLY OBTAIN A CD/DVD. I do NOT have to go anywhere to recieve an RF signal. All I need is an antenna, and some parts to convert the signal.

      Let's say I were to stand outside your house, and using a large airgun, I started shooting stacks fo 20 dollar bills over your property to the guy next to you. Since those bills were actually intended to go to your neighbors house and not yours, but I inadvertantly inundated your property with 20's, do you not have at least some rights regarding the disposal of said 20's?

      I certainly could not venture onto your property to re-collect them without your express permission, as that would constitute criminal trespass.

      Sorry, but this is somewhat silly, I know, but a lot more fun than work... and considering that its nearly midnight, I guess this is also a lot more fun than sleep... ;)

      --
      "Our funds have never taken part in toxic or death spiral convertible financings of any sort" -BayStar's managing partne
    13. Re:Card hackers piss me off by (C)0N0(R) · · Score: 1
      Just like a CD. If someone throws a CD in your yard, and you don't own a CD player, do you own the music on the CD? No. Legally you may not even have the right to listen to it since you didn't pay for it. Someone did, at some point, but not the actual user of the media (you).

      Surely a perverse idea. If I trash-pick (or BUY at a thrift store or garage sale) a box of LPs or 45s, should I not be able to listen to them? I own my turntable, stylus, cartridge, preamp, amplifier and speakers. I hope that the air that the speakers push to make my eardrums vibrate are not "owned" by someone, also, if I LOOK at my speaker cones, they in fact, move-creating an image!

      Many houses actually have a Faraday cage, due to construction materials (fencing, masonry reinforcement, etc.)

      --
      The light at the end of the tunnel is a train.
    14. Re:Card hackers piss me off by kin_korn_karn · · Score: 1

      How about that directv card not being hacked?

    15. Re:Card hackers piss me off by kin_korn_karn · · Score: 1


      Before anyone makes the arguement about buying a tangible like a CD or DVD, please remember that it was only recently (i.e. in the last 3 - 5 years) that companies began insisting that they held absolute control over a work, regardless of whether or not someone paid for the disk it resides on. Sure they did the same in the past, but to a much lesser degree.

      It's only been in the past 3-5 years that it's been possible to obtain the work at a comparable quality to original distribution media (i.e. mp3 vs. CD) without purchasing the media. Back in the days of cassettes you could 'tape someone's cd' but that was usually a 1:1 exchange with people you knew personally, and the quality was lacking. If you really wanted a good copy of a CD, you bought it, period. Now, if you get high-rate MP3s, you can download it and burn it for nothing at 99% of the quality.

      Maybe, but then again, same could be said of a gift. Using your arguements, if I bought you a CD for your birthday, and gave said CD to you as a gift, YOU would not have the right to listen to it, since the rights all belong to the company that made the disk, and therefore are not my rights to give to you.

      The rights to the content still belong to the publishing party, but the right to listen has been passed from you, the original purchaser, to me, as a gift.

      But again, the difference between the CD/DVD model and the satellite model is that I HAVE TO GO AND PHYSICALLY OBTAIN A CD/DVD. I do NOT have to go anywhere to recieve an RF signal. All I need is an antenna, and some parts to convert the signal.

      That doesn't mean you don't have to pay for the right to convert it. If nothing else, there's the contractual obligation with DirecTV. When you buy a DTV system, you sign a usage agreement before you leave the store that says that you'll pay for the service and not modify the hardware to circumvent that. This means that anyone who gets busted with a hacked card is a bald-faced liar on top of being a thief.

    16. Re:Card hackers piss me off by tepples · · Score: 1

      That's exactly what I was implying. A DirecTV subscriber who owns a smart card programmer may be interested not in cracking a DirecTV signal but rather in experimenting with using a smart card to authenticate something else.

    17. Re:Card hackers piss me off by emtboy9 · · Score: 1

      I agree with your first point...

      The rights to the content still belong to the publishing party, but the right to listen has been passed from you, the original purchaser, to me, as a gift.

      But contractually, the right is granted from the owner of the music to me as purchaser of said CD. But as you are not the purchaser, no contract exists between you and the IP owner, and as those rights are the music company's to give and take, not mine, I can not pass said right on to anyone... only the music company can.

      I have a right to vote. I can not pass my right to vote on to you so you can vote in my place. (isnt this whole thing just a nasty, wriggling, can of worms??)

      That doesn't mean you don't have to pay for the right to convert it. If nothing else, there's the contractual obligation with DirecTV. When you buy a DTV system, you sign a usage agreement before you leave the store that says that you'll pay for the service and not modify the hardware to circumvent that. This means that anyone who gets busted with a hacked card is a bald-faced liar on top of being a thief.
      Ok, but point still being, I and every other consumer of goods and services has already paid for said programming. I and all other consumers buy products and services. That money is then, in part, used by the producers of said products and services to pay the network for advertising time. The network then uses that income to bankroll programming, which we consumers watch, are exposed to commercial advertising, and buy products we see advertised on television.

      That was an entirely self sustaining system well before cable and satellite, and could be again. As for buying a DTV system, if I buy one from some guy at a yard sale or flea market, then no agreement exists between myself and DTV, AFAIK. I have never seen a written contract (used to have Dish network) that specified any responsibilities transferred to any new owner of the equipment that I originally purchased. The only agreement is between the seller of said used DTV equipment and myself, and that is only an agreement that I will give him/her X amount of dollars, and he/she sells me the equipment as is or with warranty.

      If I then hack or modify that equipment, who is obligated? I didnt once agree verbally or in writing to anything at all between DTV and myself (all hypothetically of course, I hardly watch TV as it is, and certainly dont waste my money on sat.)

      Well, seems to make sense to me at least... ;)

      --
      "Our funds have never taken part in toxic or death spiral convertible financings of any sort" -BayStar's managing partne
  31. can someone go after auto insurance next? by kulakovich · · Score: 2, Insightful


    This totally reaks of the auto industry. I was even told by a [credible shut my mouth source] that a company will go after you even if they don't have a case, just to see if you will settle.

    kulakovich

    1. Re:can someone go after auto insurance next? by Anonymous Coward · · Score: 0

      This totally reaks of the auto industry. I was even told by a [credible shut my mouth source] that a company will go after you even if they don't have a case, just to see if you will settle.

      Automakers too, not just insurance companies. There is one huge US automaker who in the early 1990's became infamous for suing it's customers who bought lemons and then reported the unsatifactory treatment under the lemon laws, in an attempt to shut up the disgruntled cheated customers. You never heard much about that in the mainstream media either.... how curious.

  32. good! by swschrad · · Score: 1

    what DTV was doing was similar to blackmailing everybody they found for owning a pencil and paper, for such could be used to design a scam on them.

    I really ought to send EFF some money today, they are doing good things in the face of onerous greedhead attacks.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
    1. Re:good! by ray+sedai · · Score: 1

      I wonder... If every /.er sent the EFF $3.50, would they have enough money to buy the RIAA?

      That said, if every /.er sent /. $100, could we buy M$?

      And, if every /.er sent me just $2, could I buy a Porsche?

      --
      This color ends in 'urple.'
  33. Re:Legitimate use? by Anonymous Coward · · Score: 0

    Oh, and I guess you think that everything that you get off the internet from a Google search is 100% accurate. If that is the case, I have some really nice beachfront property that I would like to sell you.

  34. And stealing from DirecTV isn't illegal either.... by Anonymous Coward · · Score: 1

    I agree that they weren't doing the right thing, but come on, stealing from DirecTV (which we all know is what every one of those people was doing) is just as wrong. Nuff Said.

  35. Re:Legitimate use? by Anonymous Coward · · Score: 0

    Yea, cause I wouldn't want to use a smart card for a encryption scheme, or perhaps as a research tool for a new product i'm working on...or hell, just to hang on the wall.

  36. Not good enough by WCMI92 · · Score: 4, Insightful

    It's nice that DirecTV has agreed to restrain itself, but the REAL problem here is a legal system that allows a giant corporation to bankrupt and besmirch an individual without FIRST having to provide concrete proof that they have a case.

    This is what DirecTV was doing, and it's what the RIAA is doing now. This has GOT to stop.

    --
    Corporatism != Free Market
    1. Re:Not good enough by jzilla · · Score: 1

      We need a no bs law.

      If someone threats to sue someone or asks for a settlement, that someone should be able to call "bullshit". And if they can't prove their case in a court of law, they must pay fines. I know one can countersue, but they actually have to sue you first.

    2. Re:Not good enough by WCMI92 · · Score: 3, Insightful

      " We need a no bs law.

      If someone threats to sue someone or asks for a settlement, that someone should be able to call "bullshit". And if they can't prove their case in a court of law, they must pay fines. I know one can countersue, but they actually have to sue you first."

      How about a law that forces a corporation to pay the legal fees of a non-corporation defendant in civil matters (which then can be added to the judgement if the defendant wins)?

      That would stop such harassment actions cold, as corps would be less liely to pursue meritless cases...

      In criminal cases you are entitled to legal representation, whether you can afford it or not. That right does not exist in the civil courts. I think it should, and I think the initiator, if not an individual or a non-incorporated entity should have to bear the burden, not the state.

      --
      Corporatism != Free Market
    3. Re:Not good enough by Mr+Smidge · · Score: 2, Insightful

      corps would be less liely to pursue meritless cases...

      It would be good, but it wouldn't stop corporations for suing for loads of things that 'should' be legal but are made illegal under bad laws..

      "We're going to beam this signal right at your house, whether you like it or not. Whether you intercept the signal doesn't actually affect the signal in any way. But you can't decode it, no, that's theft of service."

      And the US (and the EU too if we're unlucky) doesn't exactly have a shortage of bad laws. DMCA, this "Theft of service" shit, PATRIOT act, etc.

  37. I can name legitimate uses for chip cards by SpaghettiPattern · · Score: 4, Funny
    • Tooth picking.
    • Opening doors when you're a detective.
    • Sorting coke in lines for scientific purposes.
    • Collectors items.
    • Killer circling weapon it you're James Bond.
    • Put in mount and make funny faces.
    • Pretend to be a dandy with loads of credit cards.
    • Screw driver.
    • Wear in the heart region as bullet protection.
    • Glue spreader.
    --

    I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
  38. How to get Direct/RIAA to pay for your litigation by jbs0902 · · Score: 3, Interesting

    The main problem w/ a suit like this is that it doesn't matter who is legally correct. Direct/RIAA just assume that they can afford the frivolous suit and you can't. That you'll panic a fold. And this is true in most cases. However, if you can front the money, and win I have a suggestion on how you can make Direct/RIAA pay for your litigation costs in the end (i.e. make the court work as a loser-pays system), assuming you're in Federal court.

    The Federal Rules of Civil Procedure (FRCP) allow for you to make a settlement offer, and if rejected the rejector may have to pay your legal fees.

    Rule 68. Offer of Judgment
    At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party for the money or property or to the effect specified in the offer, with costs then accrued. If within 10 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer . The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than 10 days prior to the commencement of hearings to determine the amount or extent of liability. (emphasis added)

    So, as soon as you get the "we're suing" papers, and you are completely, "no F'ing way" innocent make a Offer in Judgment of $1. If Direct/RIAA takes the $1 offer, your legal worries are over. If they don't take the offer, you go to trial knowing that if you win, Direct/RIAA must pay your legal fees (from the offer forward).
    Now you pay up front while they sue you and it takes your time, but ultimately you get the cash back (provided you win).

  39. Outside of USA by phorm · · Score: 1

    I'm not sure about other countries, but in Canada you can't even purchase US dish service legally. You can purchaes the Canadian equivilent... but for many of us it doesn't carry the shows we want and most of the rest is crap.
    You *can* pirate the signal, but you aren't allowed to purchase it. Go figure.

    (To be fair, I believe I've heard that this was a "cultural preservation" thing, more instituted by the gov't to protect local broadcasts)

    1. Re:Outside of USA by Anonymous Coward · · Score: 0
      To be fair, I believe I've heard that this was a "cultural preservation" thing, more instituted by the gov't to protect local broadcasts

      Oh, 'you've heard', hmm? Well, this is the reason. DirecTV is unlikely to comply with Canadian content laws, required to get a broadcast license in Canada. No 'heard somewhere' here, it's a fact.

  40. Legitimate uses? by Anonymous Coward · · Score: 0

    What legitimate uses for the card programmers are there?

    1. Re:Legitimate uses? by Anonymous Coward · · Score: 0

      If you can't think of one, then you're a fucking idiot.

  41. Re:Card hackers piss me off -flame by dougnaka · · Score: 1
    Wow, it would be hard to sound dumberer in fewerer words than you just done...

    This is NOT about card hackers, RTFA, it is about legitimate card users, like ME, who got harrassed by DirecTV and their goons becuase a smart card with a flashable chip was $80 at an "evil hacker" site, and $350 from a big retailer..

    ejumacate yersef, dumass

    --
    My Linux Command of the Day site : LCOD
  42. well duh by Ancodia · · Score: 2, Interesting

    Of course they stopped. DTV killed of the HU cards a couple months ago. The 'unloopers' (those things DTV was suing everyone over - they were used to get into the HU card to program it) are now useless since the current DTV card is unaffected by them. Nice spin though, if you didn't know better you might actually believe the EFF accomplished something.

    1. Re:well duh by BrK · · Score: 3, Informative

      Your lack of understanding of these lawsuits is monumental.

      DirecTV is/was suing people who purchased practically any bit of smartcard equipment from dealers (not just unloopers).

      Their lawsuits were vaguely worded (other than the parts about them demanding $10,000 fines *per device purchased*. A passive PCB purchase landed you a $10K "fine".

      DirecTVs actions took advantage of the fact that most people would be either too scared, or lacking the funding, to fight their corporate lawyer army.

      The lawsuits even covered people who purchased equipment from the H-Card era, it has nothing to do with them shutting down the HU streams.

      --
      -This sig intentionally left blank
    2. Re:well duh by Ancodia · · Score: 1

      My point was, if they did threaten you with a lawsuit today, you can simply go to court and ask them to show how you could hack into the card with an unlooper. Since the death of the p3 the hardware is useless. You'd win. You can't be guilty of doing something that's impossible to do.

  43. Re:And stealing from DirecTV isn't illegal either. by emtboy9 · · Score: 3, Interesting

    I personally find it difficult to draw any real compairson between DirecTV and RIAA, other than the fact they sue their users.

    There is a BIG difference here between the two. Stealing music is one thing. You actively go to a website or P2P network specifically to find a particular song/album, and then actively download it. In other words, its a pull.

    Getting DirecTV is, ultimately no different than getting your local channels via the old rabbit ears. DirecTV beams that signal with a VERY wide footprint to the earth, using RF. Its really silly to tell someone that they are not allowd to recieve a RF signal that is being sent directly to your house.

    They are using regulations that were put up to prevent cable theft (again, not the same thing as simply recieving RF signals from an orbiting satellite) to ensure a revenue stream. Satellite is a push, not a pull. That data is pushed directly to your property, you dont pull it to you.

    Cable theft is again different as well, as you plug a device directly to the cable company's property (the cable line) and actively pull data from their equipment to your television.

    Now, if the wanted to sue someone, they could base it on a breech of contract for using a non-directTV provided card, or for opening the case of the reciever, or something of that nature (which would require writing such language into the contract, but suing somenone for using equipment that they purchased, not leased, to recieve a signal that is already being pushed to their house is ludicrous.

    God bless the EFF.

    --
    "Our funds have never taken part in toxic or death spiral convertible financings of any sort" -BayStar's managing partne
  44. Re:Legitimate use? by Anonymous Coward · · Score: 0

    Even some banks issue smart card readers for accessing one's account from home securely, via the encryption key on the smart card they issue. They have plenty of applications in home security and automation.

    The last keyboard I bought (at a clearance) even had a smart card reader built in. I don't use it, but the Dell-branded kybd was cheap. True, it's reading and not writing, but the point is that Smart Cards aren't exactly contraband by and reasonable measure.

    Troll.

  45. NitPick. by /dev/trash · · Score: 1

    Only in criminal cases are your 'innocent until proven guilty." Under civil cases it's a preponderance of evidence.

  46. Layer One by vegasbright · · Score: 0

    I attended the Layer one conference this last weekend in LA where the head EFF attorney sdpoke. Major Props to these wonderful defenders of our freedoms!

    --

    Tyler: You don't know where ive been, Lou. YOU DONT KNOW WHERE IVE BEEN!!
  47. It's still guilty until proven innocent... by yeremein · · Score: 4, Interesting
    It's still guilty until proven innocent. The only thing that's changed is that DirecTV says they'll supposedly listen to claims of innocence rather than plugging their ears and humming "la, la, I can't hear you, pirate".
    ... DirecTV will, however, continue to investigate purchasers of devices that are often primarily designed for satellite signal interception, nicknamed "bootloaders" and "unloopers."

    DirecTV also agreed to change its pre-lawsuit demand letters to explain in detail how innocent recipients can get DirecTV to drop their cases. The company also promised that it will investigate every substantive claim of innocence it receives. If purchasers provide sufficient evidence demonstrating that they did not use their devices for signal theft, DirecTV will dismiss their cases.

    Some progress has been made, but not nearly enough. DirecTV will still threaten people for mere possession of devices, and you're at their mercy as to what constitutes "sufficient evidence" that you didn't steal their signal.

    1. Re:It's still guilty until proven innocent... by Anonymous+Cowpat · · Score: 1

      and you're at their mercy as to what constitutes "sufficient evidence" that you didn't steal their signal.

      and if it does go to court, you've basically just handed over your entire defence case to the prosecution.

      I have no real understanding of the US court system, but couldn't you just defend yourself?
      With a case so weak as "he has the capability to break the law, ergo he is breaking the law" it souldn't take a legal genius point out that there are legitimate uses for such technology & that no evidence has been presented to the court showing you to have made illegitimate use of the equipment.

      --
      FGD 135
  48. What signal theft? EM ripples are property? by Morgaine · · Score: 2, Interesting

    ... use their devices for signal theft ...

    This whole business of "signal theft" is getting out of hand. The signal was theirs only as long as it was in their circuits, as it could be said that the electrons in their equipment are their personal property.

    But the electromagnetic waves induced in space by their transmitters, how the hell can they be property? OK, maybe they induce the near-field boundary disturbance directly, but beyond that the wave is self-inducing and self-propagating.

    If the EM signal that reaches my house is indeed their property, what the hell is it doing entering my property without my permission? If they have the right to sue for signal theft, then I have the right to sue for trespass. :-)

    It just goes to show that the law is a real ass when it comes to technology. "Signal theft" and "music piracy" both rank among the top legal idiocies of the modern age.

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
  49. posing as by kardar · · Score: 1

    I will give you that much, I understand. Here is the thing - some folks will sell other folks access to these signals for a fee. For a much smaller fee, actually, than DirectTV charges to do it legitimately. So at that point, when you have groups or individuals who are setting up hardware that will allow access to the premium channels, and selling it for a profit for themselves, and these groups and individuals have nothing to do with DirectTV, then you might have a problem.

    It's like people selling cable boxes for cheap, so that they can make a profit, giving other folks access to premium cable channels that the cable co. would charge them a lot more for.

    So in that sense, the "pirates", in these types of situations, they have no overhead, and they are making money off of those signals. On the other hand, if they are already radiating through your brain, that's a different situation altogether.

  50. Try Travesty by gr8_phk · · Score: 1

    If you thought that use of miscarriage was unusual look up "travesty". I tried google and Wiktionary and didn't get much, so to give it away as I recall a printed dictionary definition: A terrible miscarriage of justice.

  51. EFF Actually DID something?!?!? by Anonymous Coward · · Score: 0

    OH MY GAWD! Call the press!! The EFF actually DID something for a change!!!

    I'm sorry, but I just don't see the EFF being as active as it should be in fighting the infringement of our digital rights. Where are the protests against the DMCA? Where are the organized letter writing campaigns?

    What purpose does the EFF actually have?

  52. Re:Article Text by JustDisGuy · · Score: 1
    If purchasers provide sufficient evidence demonstrating that they did not use their devices for signal theft, DirecTV will dismiss their cases.

    Hmmm... so much for "Innocent until proven guilty". Personally, I'd countersue for harassment.
    --
    "Never attribute to malice that which is adequately explained by stupidity." - Hanlon's Razor
  53. Horrible miscarriage of the legal system by PCM2 · · Score: 1
    Thanks to the EFF for stopping this horrible miscarriage of the legal system.
    Why am I suddenly reminded of that one scene from Trainspotting?

    "Thank you, your honor! With God's help, I'll conquer this terrible affliction!"

    --
    Breakfast served all day!
    1. Re:Horrible miscarriage of the legal system by Buran · · Score: 1

      Trainspotting IS a terrible affliction, causing the purchase of ridiculous amounts of photography gear costing ridiculous amounts of money. Trust me. I know. ;)

      And I know the movie is pretty unrelated, or so I'm told (never seen it.)

  54. The real story... by Anonymous Coward · · Score: 0

    DirecTV recently completed their campaign to replace all existing H-cards (the older spec cards with which these card readers were usually used) with the new V4 card that has yet to be broken. The H-card feed from the satellites was recently turned off entirely... rendering the vast majority of these devices (and the software that programs them) useless.

    So, they effectively closed the loop on their own, and decided that they'd let the EFF "win", since the need for them to pursue these lawsuits suddenly went away anyway.

  55. Interesting times by Anonymous Coward · · Score: 0
    I work for a mobile phone company. A lot of us are getting in to WLAN using SIM authentication (it has various advantages in usability). A SIM is a smartcard used in GSM phones to give them their phone number (simplifying a lot). For some customers, we will need to provide a means for their laptops to read a SIM, which means issuing cheap SIM readers in bulk quantities. As far as I am aware, these can also be used as SIM writers (must have a play with them). In addition to this, any GPRS card is capable of read/write access to a SIM, and I strongly suspect that it will be capable of this with a non-SIM smartcard.

    I rather look forward to a confrontation between our purchasing and legal departments and DirecTV!

  56. Re:And stealing from DirecTV isn't illegal either. by Grimster · · Score: 1

    When I was a kid we had one of those bigass housetop antennas and if you moved it around you could get channels (I assume) was from other broadcast areas. Were we "stealing"?

    My uncle loves those super sensitive ultra band radios where you can pick up FM stations from like Mexico and Canada and from other really far away places, is he stealing?

    I put up a dish with hardware on it that allows me to recieve Directv am I stealing? I suppose the difference is you have to actively "decode" the signal so I suppose that makes it a little more sticky but these signals are landing on my property what I do with them is my business, it's not like I'm splicing into the neighbor's cable, this is like charging me for using the sun's rays or something.

    --
    --- www.f-theocean.com
  57. Actually... by AgentTim3 · · Score: 1

    The situation is no different with cable descramblers.

    Actually it's completely different.

    To get a cable signal provided to your house you have to sign a contract with a cable provider. Said contract explicitly forbids descrambling their signal. To do so is breach-of-contract.

    Now, I'd like you to show me this implicit contract that DTV supporters seem to believe that every person in America signed with them. Sorry but just 'coz they're a monstrous company doesn't mean I choose to let them sign my own name for me and take away my right to do whatever I please in my own house.

  58. Re:A [goose]step in the right direction by Grrr · · Score: 3, Insightful

    Another problem is how they "investigate".

    Almost a year ago Poulson told us, "Backed by a legion of lawyers and empowered by the Digital Millennium Copyright Act, former FBI agents in the company's Office of Signal Integrity have staged raids against businesses that deal in piracy equipment, seizing customer lists and inventory with armed law enforcement officers as backup."
    He was not the only one to report that some of the lawsuits were filed against people who didn't even own a satellite dish. (I think Wired News also had an article about this, but I can't dig up the hyperlink at the moment. This boneheaded move predates Murdoch's takeover, by the way.)

    I've been making friends and family aware of this fiasco ever since I first heard of it, hoping that none of them will reward with their business what could be described as "extortion".
    I wish the names of those who made this decision could be posted somewhere, and archived, before they move on to other employers and continue spreading the contempt.

    Of course, a company has every right to resist "criminal" acts. But there is good reason to believe, here, that this firm knew they'd cast the net too widely.
    It smells like a money-grab - the easy way out (compared to seeking relief in criminal courts, where there are laws on the books to protect them from the real baddies).
    By the same logic they could've been suing anyone who made anything that could have been used to facilitate the "theft". Charming.

    <grrr>

  59. This is what I've never understood... by AgentTim3 · · Score: 3, Insightful

    I know this is a stretch to hope for, but might there be some actual lawyers around to clarify...?

    To me this seems a contradiction in our justice system. Essentially, the US Govt declared OJ not guilty in one court, and then guilty in the second. I understand that it was two different court systems, one criminal and one civil, and that there's a different standard, "proven beyond doubt" vs. "preponderance of evidence". However both courts are still under the single system of the US Govt.

    We also have the constitutionally provided right to not be tried twice for the same crime, or "double jeopardy". I guess what I don't understand is the legal or moral reasons why we allow these types of civil cases at all. To me, "not being tried twice" is a pretty simple concept. It sure is different from "we'll try you once, and if that doesn't work try you again in a second court that by the way has a lesser standard of guilt."

    Especially when the punishments meted out are pretty much equivalent in terms of ruining someone's life. Owing someone millions of dollars that you'll never be able to pay off in your lifetime sounds just as bad (to me at least) as spending years in jail.

    Anyway, just curious why that system is like it is.

    1. Re:This is what I've never understood... by general_re · · Score: 5, Informative
      Essentially, the US Govt declared OJ not guilty in one court, and then guilty in the second.

      Well, actually the government didn't make any such declaration - if you recall, the government was arguing very strenuously that he was, in fact, guilty. In the criminal case, a jury of his peers determined that he was not guilty according to the standards used to decide guilt in criminal cases, and the government - and the rest of us, for that matter - are bound to respect. Now, in murder cases, the government brings charges on behalf of the dead person - it has to be that way, since they're not around to press charges any more. But that doesn't mean the victims were the only ones harmed by the murder - others who have been harmed, but not criminally victimized, can sue in civil court to recover the damages they have suffered. So the state prosecutes criminally on behalf of the victims, and the families sue on their own behalf, based on the idea that they have been harmed by the actions of the accused - specifically, they were deprived of family members. And double jeopardy doesn't apply the way you might think in such cases - you can be sued for as many times as there are people to bring claims of damage against you, although each person who has been harmed may only sue you once. But if you murder twenty people, you can expect dozens and dozens of lawsuits from their family members, each one claiming you've harmed them.

      As well, you can be tried more than once for the same act, if that same act encompasses more than one offense. Suppose I intend to kidnap you and hold you for ransom, but as I grab you off the street, I handle you too roughly, and you die. Even though there's but a single act that I performed, I can be charged with any or all of several offenses - murder, attempted kidnapping, assault and battery, and so forth. And charging me with all of those things, and even trying me seperately for them, doesn't violate double jeopardy. Finally, concurrent or subsequent state and federal prosecutions don't violate double jeopardy - so sez the Supreme Court - on the theory that the federal government and state government are both sovereigns, and both have an interest in prosecution. This is how the federal government was able to prosecute the police in the Rodney King affair, despite the fact that they had been acquitted in state court - A) dual sovereignty, and; B) they were charged in federal court with a different offense arising from the same act, namely depriving King of his civil rights, which is a crime under federal law.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    2. Re:This is what I've never understood... by egriebel · · Score: 2, Insightful
      We also have the constitutionally provided right to not be tried twice for the same crime, or "double jeopardy".... It sure is different from "we'll try you once, and if that doesn't work try you again in a second court that by the way has a lesser standard of guilt."

      Great concept, not a knock on the original poster, but criminal then civil trial is becoming a more common tactic for when the original prosecution fails to prove their case. Or, what should be a clear-cut case of a violation of the fifth amendment, the practice of trial for the original crime then a second one for violating the victim's civil rights. Both of which are criminal prosecutions for the same crime.
      --
      ACHTUNG! Das computermachine ist nicht fuer gefingerpoken und mittengrabben. Ist nicht fuer gewerken bei das dumpkopfen.
    3. Re:This is what I've never understood... by grimarr · · Score: 1

      Perhaps you could explain how one of the Beltway snipers (Mohammed) could be charged with two counts of murder, (and convicted of both), for killing one person. And both of these were under state law -- there's no federal vs. state issue as there was with Rodney King's attackers. None of the news organizations that reported this seemed to even think it was odd.

    4. Re:This is what I've never understood... by Templaris · · Score: 1

      Except if you remember OJ isn't in a situation where he can't hope to pay off that debt. OJ has this nice little NFL pension plan that isn't allowed to be touched. In fact, if you ever watched those interviews with OJ over the recent years you can see he is quite happy and living a nice life with his pension. He also claims that people still treat him good and ask him for autographs and such.

      Not that I like how things turned out for OJ exactly, but make sure you have large assets in retirement funds so if you have ever lose a civil case, you will still have those savings they cant touch.

    5. Re:This is what I've never understood... by AgentTim3 · · Score: 1

      Well, actually the government didn't make any such declaration -

      But it did though. The US Govt is composed of the executive, legislative, and judicial branch. Every court in the country, no matter the level, falls into the general hierarchy of our judicial system. In the case of state vs. federal court I can understand a difference in ruling, as the case was escalated higher.

      However, in the civil case following the criminal case I still fail to understand why that is allowed to happen. The person is tried in two courts -at the same level- and the govt winds up contradicting itself.

      Now, in murder cases, the government brings charges on behalf of the dead person

      As I see it, the government (being defined as the collective will of the people) is bringing the charges not merely for the dead person but for ALL of the people in the country. We have enabled the government to prosecute murders based on our common will. I'm fine with that concept.

      The problem I see is that "ALL" the people already includes any family members, friends, well-wishers, or anyone else that wants to jump on the civil lawsuit bandwagon. Their interests have already been addressed by the criminal prosecution. They are just as much included in the part of "we the people" that set up the court system as anyone else.

      Therefore it seems to me that those victims have already had their chance to try the defendant. Regardless of the outcome of the criminal case, there should be no follow-up civil suit allowed for the same crime. I think it does in fact violate the concept of double jeopardy.

      I agree completely with the second paragraph, I'm just not seeing why these civil cases are allowed.

    6. Re:This is what I've never understood... by WNight · · Score: 1

      I get it, but isn't it still unfair for a court to decide (jury or otherwise) that they couldn't prove that OJ killed his wife and thus he's innocent, and then another court to operate under the assumption that he killed his wife and is thus liable for damages?

      They were suing him for damages during an event they can't legally claim he committed.

      Isn't this obviously bunk?

      This is why nobody respects the legal system. You're protected against double jeapordy, except that really you aren't because there are a million offenses you can be tried for during the hypothetical kidnapping and with punishments up the the judge you could end up going away for years for some minor crime (tresspassing) that happened when you walked past the scene of the murder they failed to prove you did.

    7. Re:This is what I've never understood... by robertjw · · Score: 1

      OK, that all makes sense. Here's what I don't understand. A jury of his peers determined he was not guilty. How can a civil court demand damages for a crime that a criminal court says he did not commit.

      If he's not guilty of the original crime, how can he have caused the damages. OTOH, if was guilty of the original crime, then the criminal court was wrong and there is a problem with the system.

      Seems to me that a defendant in civil court should just be able to bring the criminal verdict as evidence of their innocence and the judge would dismiss the civil suit.

    8. Re:This is what I've never understood... by bryan1945 · · Score: 1

      Maybe murder 1 and murder 2? Or murder and manslaughter? I didn't follow the case closely, but DAs seem to like to charge people with 10 crimes for one act (ie. murder, conspiracy to murder, unlawful endangerment, etc) to gain leverage. Often the legal system is skew to reality.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    9. Re:This is what I've never understood... by pod · · Score: 1
      But it did though. The US Govt is composed of the executive, legislative, and judicial branch.

      The jury found OJ not guilty, not the government. The government brought the case against OJ, it wouldn't be very fair if they also got to hand down the verdict, hmm?

      But you do have a point. If I was found not guilty of commiting some offense, how can I then be sued for damages from this offense, when just a week before everyone's saying I didn't do it?

      Thinking further, it occurs to me that 'not guilty' does not mean 'did not do it'. It can mean any number of things, such as insufficient evidence, tainted evidence, untrustworthy witnesses, violation of rights, and other assorted miscarriges of justice. The jury can, in essence, throw out the state's case because they screwed up, and they can't just do that willy nilly because the stakes are too high.

      --
      "Hot lesbian witches! It's fucking genius!"
  60. I don't understand by dekeji · · Score: 1

    The whole point of SmartCards is that, unlike a ROM or fixed key, they have a processor in them and can't be duplicated. What good does a SmartCard programmer do you for pirating DirecTV's signal?

    It seems to me their engineering must be completely screwed up if people can duplicate their SmartCards.

    1. Re:I don't understand by Anonymous Coward · · Score: 0

      Each card has a microcontroller, RAM, Masked ROM, specialized decryption circuitry (ASIC), and EEPROM. The EEPROM is where the customer programming information is kept. That is, when you subscribe to DTV, the information needed to validate whether you can receive a particular channel is stored in the EEPROM. DTV can update the EEPROM contents by sending a signed and/or encrypted packet of data to the card (via the receiver).

      By technical terms, a "programmer" is nothing more than an extension of your serial port. It acts as a bridge between RS-232 and the 1-wire ISO serial protocol used by the card. In order to change the contents of a smart card's EEPROM using a programmer, you would have to know how to construct data packets that cause the card to perform the writing, much like how DTV does it.

      A "unlooper" (or "loader") uses a microcontroller and circuitry in order to produce glitches, like brief brown-out periods, or brief overclock periods. These glitches usually cause the card to skip whatever current operation (think assembly code) it is performing and proceed to the next operation. This is usually used in order to cause a jump or a return to fail, executing the next block of code. So, the card would be working normally, and then a glitch suddenly would cause the program counter to move into an unexpected area (that the registers and stack isn't necessarily prepared for)

      The end result is that by manipulating the program flow, the hacker can get to a point where he can read and write to the EEPROM at will.

      The other device that they talk about is a "bootloader". A couple of card generations ago, there was damage done to hacked cards by DTV (basically, a OTP area was written to if the card was hacked). The damaged cards would start to boot after reset, but hang up because they were flagged. What the bootloader does is perform a glitch at the one place needed to avoid the hang-up, and allow the card to continue to boot. These devices have no legitimate use because they perform the glitch at a single hardcoded point needed to circumvent security on one particular DTV smart card.

    2. Re:I don't understand by dekeji · · Score: 1

      The end result is that by manipulating the program flow, the hacker can get to a point where he can read and write to the EEPROM at will.

      So, in short, they screwed up, since the primary purpose of using SmartCards is to avoid this.

  61. Not to mention that this is still EXTORTION by AgentTim3 · · Score: 1

    DirecTV also agreed to change its pre-lawsuit demand letters to explain in detail how innocent recipients can get DirecTV to drop their cases. The company also promised that it will investigate every substantive claim of innocence it receives. If purchasers provide sufficient evidence demonstrating that they did not use their devices for signal theft, DirecTV will dismiss their cases.

    So basically, you still get a letter threatening a lawsuit. Instead of saying "pay up now and we'll drop the case" it says "come up with evidence supporting you and we'll drop the case."

    extortion

    1. The act of extorting; the act or practice of wresting anything from a person by force, by threats, or by any undue exercise of power; undue exaction; overcharge.

    Big deal. Instead of them forcing you to directly pay them, they're forcing you to go out of your way, and spend your own time presenting them with evidence, which (in their very own highly impartial secret court) they may or may not decide is good enough reason for them to drop the case. Basically they want you to get on your knees and kiss their arse.

    As mentioned in other threads, DTV simply agreed because of tech. advances. If their new scheme gets broken they'll be right back at it.

    I see this whole press release as more mutual political agreement than anything else. EFF gets to claim a victory, DTV gets to look less hard-assed...but nothing really changed.

  62. HuCard? by tepples · · Score: 1

    DirecTV cracking lingo has always confused me. For a while, DirecTV was apparently using "HU cards" when I thought a HuCard was the media that PC Engine games came on. (PC Engine was called TurboGrafx-16 in some markets.)

    1. Re:HuCard? by Anonymous Coward · · Score: 0

      Yep. HUCard it was, derived from HUdsonSoft, one of the companies behind the PCEngine. And a kicking system it was! PCEngine games still rock for me.

  63. JTAG isn't just for stealing TV by tepples · · Score: 1

    I know if I saw somebody buying five 100 Ohm resistors at Radio Shack, I would assume they were building a JTAG.

    But don't assume that building a JTAG (IEEE 1149.1) boundary-scan test harness => stealing TV programming. Digital logic and CPU design courses in university computer science often use FPGAs, and many FPGAs expose a 1149.1 port for uploading netlist data and debugging the circuit.

    Here's the web site of JTAG Technologies B.V., and here's some free software for communicating with 1149.1 devices.

  64. Legal Extortion by doormat · · Score: 3, Insightful

    Legal fees for defense: $5,000+
    Settlement payout: $3,000.

    Take your pick. That is why many people settled.

    --
    The Doormat

    If you're not outraged, then you're not paying attention.
    1. Re:Legal Extortion by Sigma+7 · · Score: 2, Interesting
      Legal fees for defense: $5,000+
      Settlement payout: $3,000.

      Take your pick. That is why many people settled.
      I'm honestly quite suprised that these defandants didn't see that it was possible to force the plaintiff to play the legal fees. The lawyers will still get their huge cheques, but it won't be at the expense of an "innocent bystander".

      Certain places have drafted laws to make abuse of the legal system a criminal and civil offence, where damages can be levied against a plaintiff producing bogus or groundless claims. In fact, this should be one of the first things that should cross the defandant's minds when consulting with their lawyer - while it won't always be successful, there is a significant change that it will work, especially when combined with existing rulings from other judges stating that the claims were illegitimate.

  65. Does it really matter? by Orion+Blastar · · Score: 3, Insightful

    Apparently they have technology to detect pirated cards and can shut them down via the satelite signal. I recall a Black Sunday event that they did just that, burned out the pirated cards or something like that.

    I had to change one of my DirecTV cards recently, they sent me a new one and told me what to do to change cards. This helps them prevent theft.

    As for the argumet that the signal is beamed into your skull, so is paying for a movie ticket and then claiming you have a right to videotape the movie. You are violating copyright laws by making an illegal copy for the purposes of using it later or selling it or distributing it. Just like those FBI Warnings on VHS tapes, for viewing purposes only, no recording. DirecTV subscribers have the right to decode the signal and make copies of broadcasts for viewing purposes, but not to spread around and sell, etc. If you do not have a DirecTV subscription, you do not have a right to their media, peroid.

    Just like the Police 911 CB signals are also beamed into your skulls does not give you the right to broadcast on that signal.

    Use common sense for once, seesh! Quit being such a cheapskate and actually pay for something for once.

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    1. Re:Does it really matter? by praedor · · Score: 1

      Just like the Police 911 CB signals are also beamed into your skulls does not give you the right to broadcast on that signal.


      But...as with ANY signal, you cannot be prevented from intercepting and listening to/watching that signal. No one can stop you from listening in on those police signals, military frequencies, broadcast radio, TV, Satellite, or galactic microwave background radiation. Broadcasting

      on a freq is totally different from listening in, even if it involves decoding. You aren't "stealing" anything. If they want only paying customers to listen, then they should tight beam the signal to individual PAYING customer homes rather than blanket the planet with freely available, ubiquitous signals. If it hits my property or me, then I have right to it. That includes extraneous sounds, radio signals, microwaves, light, dollar bills, whatever.
      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    2. Re:Does it really matter? by 09za+ · · Score: 1

      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
      In Clintonworld everybody gets a blow job and cums on a dress before ignoring their duties

    3. Re:Does it really matter? by Anonymous Coward · · Score: 1, Insightful

      They secured their signal in late April with the P4 and no one has yet to crack it. Does anyone see the humor in this. They no longer are being pirated and now they've agreed to stop suing pirates. That'll show 'em. Maybe now the EFF can secure an agreement with SCO not to sue me AFTER they lose in court and file for bankruptcy.

      Way to go EFF! Next stop? Maybe get the government to ditch the clipper chip.

    4. Re:Does it really matter? by Mr+Smidge · · Score: 2, Insightful

      they sent me a new one and told me what to do to change cards. This helps them prevent theft.

      Theft? People steal the cards now? That's the only physical property you've mentioned that is capable of being removed from them.

      Oh, you're supporting their false "theft of property equals infringement" line...

      so is paying for a movie ticket and then claiming you have a right to videotape the movie.

      I paid to watch the movie, and for that amount of money I paid over, I am 'expected' to just watch the movie and not record it. I'm pretty much under their control, and in their cinema, so they can enforce their (legally-bound) rules. If I don't like it, I don't have to pay for the ticket.

      DirecTV subscribers have the right to decode the signal and make copies of broadcasts for viewing purposes, but not to spread around and sell, etc.

      Two scenarios to contrast with my previous paragraph "I paid to watch the movie...":

      1) I've paid to watch their content, and for that amount of money I've paid over, I'm expected to watch it, possibly timeshift, and not broadcast it myself. I'm not at all under their control, I'm in my house, I'm just obliged to not infringe their legal copyright. If I don't like it, I didn't have to get a subscription.

      2) I haven't paid to watch their content, and since I've paid over no money, I'm not expected to watch it, even though they're beaming it right at me. I'm not under their control at all, I'm in my house, and I shouldn't infringe their copyright.

      I'd be infringing copyright if I re-broadcast the signal again, but strangely enough, we're not talking about that. Re-broadcasting the signal around outside of your house is illegal and (some would say) ethically wrong.

      However, since intercepting the signal that they beam directly into my skull neither diminishes the strength of the signal nor affects the broadcasting end in any way, what I do with the signal, should I choose to intercept it, has no effect on them whatsoever.

      I should be able to do whatever the hell I like with it, but if I re-broadcast it outside of my house, then I'm infringing copyright. I am generally in favour of copyright, and try as much as possible not to infringe it, but I should have every right to decode that signal they're sending me.

      Putting such restrictions on a broadcast signal is a flawed concept. There is no technical means to put any such limitation on it, because logically if there is a way to decode it, and the source signal is always the same, then anybody could do it if they knew the method.

      Use common sense for once, seesh!

      The corporate solution is to use illogical laws that go against all common sense (yes, that's what common sense is) to create nonsensical artificial barriers that they can use to gain more revenue.

      This may pass as a law, making it 'legal', but it's a bad law.

      Here's my bottom line:
      Assuming that a reasonable and sensible set of laws are in place (such as that of making illegal the infringement of copyright by re-broadcasting or re-distributing copyrighted works, perhaps), then if they knowingly send it right to me, I should be able to do whatever the hell I like with it.

    5. Re:Does it really matter? by (C)0N0(R) · · Score: 1
      Just like the Police 911 CB signals are also beamed into your skulls does not give you the right to broadcast on that signal.

      Most police radio signals are not on CB... Surely NO 911 are on Citizens Band. 'cept maybe Mayberry. CB channel 9 is a crapshoot, unlikely to be of use anymore.

      --
      The light at the end of the tunnel is a train.
    6. Re:Does it really matter? by praedor · · Score: 1

      And your point? Where is MY blowjob? You said "everybody gets a blow job..." I WANT MINE! That's certainly superior to making some mind-numbing churchy crap part of the government.

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
  66. Spurious Comparisons by Dun+Malg · · Score: 3, Insightful
    Why is it that people can't accept that hacking DTV broadcasts doesn't directly cost them any money? I swear, every time the subject comes up someone counters the "no diminishment of property" with a crackhead comparison like: "so if it's OK to decode satellite signals, you shouldn't mind if I come into your house and murder you in your sleep-- after all, it's the same thing!"
    Please, if you're going to make the argument, think it through. Decoding a satellite signal is not the same thing as:

    eating the food in my fridge

    using my telephone

    not paying a cab fare

    shoplifting DVDs

    setting fire to pre-schools

    dropping an atomic bomb on Hollywood*

    Let's have a rational debate, please.

    * I'm all in favor of nuking Hollywood, but this is for reasons unrelated to DirecTV hacking

    --
    If a job's not worth doing, it's not worth doing right.
    1. Re:Spurious Comparisons by (C)0N0(R) · · Score: 1

      let's not forget 'borrowing' cable tv. Running a new cable drop to a home costs the cable co. money. But a satellite signal is transmitted to every location within its range.

      --
      The light at the end of the tunnel is a train.
  67. Some Organization to Lobby for IT Workers... by GeekZilla · · Score: 1
    Check out WashTech.

    From their "About" Page: "The Washington Alliance of Technology Workers is an organization of high-tech workers and allies joining together to provide an effective voice in the legislative and corporate arenas, and to advocate for improved benefits and workplace rights."

    --
    Veritas patesco per quaestio questio. Truth is revealed through questions.
  68. How exactly ISN'T this extortion anymore now? by D4C5CE · · Score: 2, Insightful
    BLACKMAIL - A criminal act of extortion, malicious threatening to do injury to another to compel him to do an act against his will.

    (The 'Lectric Law Library's Lexicon on Blackmail, i.e. 258 N.W. 62, 65 AFAIK)

    Thus the crime is not just about forcing someone to pay money (anymore). So how doesn't purposefully making allegations which are known to be at least partially unfounded (i.e. with respect to some or all of the recipients of these threats), and forcing the victims to expend time, effort (and even still quite possibly money) to prove their innocence fall foul of this definition?
  69. Re:Article Text by Anonymous Coward · · Score: 0

    What bothers me is, they want you to prove to them your innocent for the people that got the pre-lawsuit letters. Fuck that shit, tell DirecTV its not your god damn business what i do with equipment for myself. After hearing this, I think I'll get Digital cable instead.

  70. Choose Verdict Terms Carefully by SeinJunkie · · Score: 4, Insightful
    The fact that a civil suit was won against him, after being found innocent, was disgusting.
    You're right, if OJ had been found innocent, it would be disgusting. The criminal verdict wasn't "innocent," it was "not guilty." There's a reason why the legal system uses such terminology. He was found not guilty of those charges because the jury didn't feel that the necessary proof was there. But being "not guilty" in one trial doesn't abjugate someone from all charges in the way that it would for one who is "innocent." That's why there is never an "innocent" verdict.
    1. Re:Choose Verdict Terms Carefully by vspazv · · Score: 0

      The main difference is in the criminal case he had to be found guilty beyond a shadow of a doubt. For the civil suit you just hae to believe the prosecution more than the defense.

    2. Re:Choose Verdict Terms Carefully by umeboshi · · Score: 1

      no
      not is unary
      not guilty is equivalent to innocence, because
      the constitution is fundamental. You are innocent
      until proven guilty. Base rule.
      since a not guilty verdict doesn't equal guilty,
      innocence is preserved.

      The only time innocence is not preserved is when proven guilty.

    3. Re:Choose Verdict Terms Carefully by fingerfucker · · Score: 1

      By the U.S. constitution, you are innocent until proven guilty. Thus if the jury finds you "not guilty", you will remain innocent.

      You are confused. What you were probably talking about was if an accused individual is asked "Are you guilty?" The individual has three options: 1. "I am guilty."
      2. "I do not deny."
      3. "I am innocent."

      Each has different legal implications.

  71. Honestly by KidSock · · Score: 0, Troll

    even if they had legitimate reasons for them

    ?

    Oh, paleeease. Ok, if DirectTV didn't really have any evidence that the user indented to pirate the service then they have no case and should not be permitted to make a revenue stream out of settlements. But don't try to claim these people actually had a "legitimate reason" to use this equiptment. They're all freakn' bootleggers of the highest order. At least be honest about that.

  72. Just out of Curiosity by RU_on_weed · · Score: 1

    wouldn't something like the SETI@home project be stealing someone elses signal ?? kind of OT but isn't that what they are doing ? decoding tranmissions from space ?? maybe I am wrong

  73. Well, technically (playing devil's advocate)... by cr0sh · · Score: 1

    You are "stealing" something, when you choose to actively intercept the signal - you are "stealing" power. Every time you use an antenna, you are using a wireless power transmission service (sure, it isn't the world-wide power system Tesla envisioned, but it is his "radio" system). A few milliwatts sucked here means (if all wattage of the satellite/transmitter is used up) that a "legit" user can't get the signal (or they get the signal and the rest goes to crap). Now, personally, I don't think any transmitter is ever "maxed out" - those things are huge (and for geosync orbit distances, they have to be) - but technically, you are stealing power (I have always wondered if you could build a multi-antenna system and suck out enough power from the ambient RF that permeates our world to do something like charge a few batteries - and whether anyone would care?)...

    --
    Reason is the Path to God - Anon
    1. Re:Well, technically (playing devil's advocate)... by dmaxwell · · Score: 1

      I'm not sure I buy that. At most you are casting small RF shadow on the ground. Unless that shadow falls across a legit subscriber's antenna then it won't do jack to anyone else. That's like saying when I look up at a spotlight that I'm stopping someone else from seeing it.

  74. Suck it by t_allardyce · · Score: 1

    What you do in your own home with your own property is your own business and no-one elses. Aslong as it doesnt directly harm anyone (leaking radiation, shooting at people, jamming things etc).

    --
    This comment does not represent the views or opinions of the user.
  75. And this just in... by LostCluster · · Score: 2, Informative

    The EFF has just added on another story on the topic... an Appeals Court has just ruled that showing a defendant has DirecTV hacking equipment isn't enough to create liablity. DirecTV needs to bring evidence that the devices were actually used to steal DirecTV's services sucessfully.

  76. Hit 'em where it hurts by JonnyO · · Score: 3, Interesting

    DirecTV, aka DAVE, will continue their witchhunt until it is no longer a viable source of revenue. That includes the toll they incur for any negative press on their actions.

    Not that we are totally without recourse. I took great joy in personally killing a six-digit contract that Hughes Network Systems was virtually guaranteed to win because of their sister divison's actions. The salesperson probably has a picture of me on his dartboard thanks to the smirk I wore when I told him the fate of the deal he thought was a slam dunk.

    Supporting the ACLU and the EFF is all well and good, but derailing the money train is a far more effective tool for getting a company's attention. It also feels pretty good, too.

  77. Support the EFF by cascadefx · · Score: 2, Informative

    It is tax deductible. You can support them HERE. I did.

  78. you don't understand double jeopardy by drewness · · Score: 2, Informative

    We also have the constitutionally provided right to not be tried twice for the same crime, or "double jeopardy". I guess what I don't understand is the legal or moral reasons why we allow these types of civil cases at all. To me, "not being tried twice" is a pretty simple concept. It sure is different from "we'll try you once, and if that doesn't work try you again in a second court that by the way has a lesser standard of guilt."

    Read the actual amendment.
    (From Cornell's US Constitution page)

    Amendment V

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

    He was not "twice put in jeopardy of life or limb". It says nothing about civil trials.

    1. Re:you don't understand double jeopardy by Frizzle+Fry · · Score: 1
      He was not "twice put in jeopardy of life or limb".

      Of course he was. He was put in jeopardy once in the criminal case and once in the civil trial. Where's the ambiguity here? Are you trying to advocate some absurdly literal reading where it only counts as jeopardy if there is a risk that he will be killed or have one of his actual limbs removed?
      --
      I'd rather be lucky than good.
    2. Re:you don't understand double jeopardy by emptor · · Score: 1

      His only jeopardy in th civil case was financial; which does not qualify as "life or limb."

    3. Re:you don't understand double jeopardy by Frizzle+Fry · · Score: 1

      So what qualifies as "life or limb"? In a criminal case, you usually aren't literally risking either of these things either. A guy shouldn't be tried twice for the same crime in criminal court, even if you could say "his only jeopardy each time was 30 days in jail, which isn't 'life or limb'".

      --
      I'd rather be lucky than good.
  79. The CRUX of the problem by Anonymous Coward · · Score: 0

    is that even if a person is 100% innocent (as some were), it will cost that person money to defend a lawsuit.

    When DirecTV was sueing people based solely on circumstantial evidence as skimpy as purchasing of smartcard readers, the defendent had to waste time/money and possibly pay an attorney hundreds or thousands of dollars to get to the point where DirecTV's lawyers would decide this person really is innocent and drop the case.

    And even then, the innocent defendent doesn't get their attorney fees paid for by the plaintiff. If even 1% of these thousands that were sued were innocent, that's too much!

    And that's why people are so up in arms about DirecTV's lawsuits! It's an abuse of the legal system.

    1. Re:The CRUX of the problem by Desirsar · · Score: 2, Informative

      "And even then, the innocent defendent doesn't get their attorney fees paid for by the plaintiff. If even 1% of these thousands that were sued were innocent, that's too much!"

      That depends on which state you're in. A lot of states not only automatically award legal costs to a winning defendant, but also damages for wasting their time, depending on the result and type of lawsuit.

  80. Like how you don't know what you're talking about? by the_mad_poster · · Score: 2, Interesting

    .. illustrated so many different things that are wrong with our media-infatuated legal system.

    For example, the fact that people like you apparently don't understand the difference between homicide and wrongful death, or the difference between criminal and civil proceedings and judgements, but feel obligated to talk about them anyway because you were allowed to be a third party participant via CourtTV. Maybe you should take a basic Civics class before you try to analyze a court system you are obviously 100% clueless about. Just a thought...

    --
    Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
  81. Gladiatorial Combat by serutan · · Score: 3, Insightful

    Some will say that a story like this renews their faith in the system. For me it reinforces the belief that the system is broken. Notice that our wonderful government, of the people, by the people and for the people, did absolutely nothing to step in and slap DirecTV down. It took a dedicated group of individuals and the money that others donated to support them. Without their intervention the government would have happily let DirecTV continue to act as judge, jury and cashier. Our civil legal system still works through trial by combat. Only the weapons have changed.

    1. Re:Gladiatorial Combat by jc2000 · · Score: 2, Interesting

      DirecTV had already been told by the courts dozens of times that it needed evidence of actual interception, not just evidence of possession. So it isn't giving up anything by making the agreement with the EFF. We'll just have to see whether it changes its intimidating, aggressive, accusatory collection practices.

    2. Re:Gladiatorial Combat by serutan · · Score: 1

      Interesting. They know that merely buying a black box is not illegal, because courts have specifically and repeatedly told them so, yet they are telling people that it is illegal and attempting to extort money from them. I would call that fraud, which is a crime, and they're doing it all over the country, so it's a federal crime. So again, why does a citizen group have to file a lawsuit instead of federal marshalls arresting DirecTV executives for fraud?

  82. Yes, but... by rewt66 · · Score: 1

    As far as we know, the alien's legislature hasn't passed the DMCA yet.

  83. too late by bugmenot · · Score: 1

    I had a pregnant wife, a new job, a new house, and now a $3500 secret. What a nice world.

    --
    This account has been seized by the GNAA. That is all.
  84. This is all well and good by Anonymous Coward · · Score: 0

    Sure, everyone else is right. They can stop the extortion techniques, there's nothing that can be taken from them now. With the shutdown of the HU, and the P4 card now the mainstay for x amount of timeframe. It'll be a cold day in hell before Directv has to sue anyone for hacking again.
    No biggie, I raise my glass to both sides of the fence on this one. Without the hackers, innovation in Directv's systems would not have taken place. It sounds bass ackwards I know. But the fact that they were both constantly chasing each others tails over this, lead to a better system being built. The better system being built, circled around a few times, and we come to todays current setup. Security has won over the Joe Hackers of the world for now.
    Dish Network is doing the same thing, the new boxes are all cardless. Its their way of going down that same road.

    Free TV is like heroin. Once you get it in your veins, its gonna hurt physically when you give it up.

    As far as the lawsuit issue goes. I have no real feelings on it, I never thought it was exactly proper. I never investigated the legal ramifications of it, or anything close to it. I just always thought it stank like bulls hit ya know.

  85. Re:Like how you don't know what you're talking abo by WNight · · Score: 1

    The point is that the difference is pointless semantics. It's merely a system by which an opponent with a large legal budget can bankrupt anyone, for anything.

    Eventually, one trial is going to go against you for some reason and you're going to end up in jail or deep in debt, not for the actual offense, but some minor related event.

    Fuck, why not just skip criminal trials, with these stupid standards of evidence and jump straight to a state-assisted civil trial. Don't bother locking up the criminals for crime, bankrupt them and then lock them up in the poor house.

  86. Re:Like how you don't know what you're talking abo by the_mad_poster · · Score: 3, Insightful

    The point is that the difference is pointless semantics

    You obviously do not know the difference. By acquitting Simpson of the murder charges, the jury was, in effect, saying "we do not believe that there is enough evidence to assuage our doubt that he actively participated in killing these two individuals, or performed some intentional action or actions, with intent to kill, that led to their death.

    By convicting him of wrongful death and more importantly two counts of battery (neither of which the original post bothered to mention, mind you) - one against Goldman, the other his wife, the jury was effectively saying "though you may not have killed them, you are responsible, to some degree, for the loss that the grieving relatives have suffered in the form of companionship and/or support."

    In addition, if the original poster hadn't just been talking out of his ass, he'd have mentioned that in CA you can not have your pension garnered in order to pay on judgements against you, so Simpson stayed sitting pretty though he lost most of what he had previously collected.

    I love how people take a position on shit like this, even though they obviously have paid absolutely no attention to it, and have no clue what they're talking about. I'm going to add this to the "McDonald's Lady Was Just An Idiot" story that keeps making the rounds among people who obviously have no fucking clue what actually happened before, during, or after the lawsuit. Just another example of someone with a soapbox that's just as empty as their damn head.

    --
    Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
  87. Re:What signal theft? EM ripples are property? by Anonymous Coward · · Score: 0

    1. pay for a study that proves their signals cause cancer
    2. get cancer
    3. profit!
    4. er..

  88. So then you support DirecTV piracy by Orion+Blastar · · Score: 1

    because they beam a signal into your skull?

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  89. Yet another one who supports DirecTV piracy by Orion+Blastar · · Score: 1

    Hmm, seems to be a common argument, you beam a signal into someone's skull and then they think that gives them the right to pirate the service.

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  90. Beam a signal into your skull arguments by Orion+Blastar · · Score: 1

    Ok for those of you who use this argument that DirecTV beams a signal into your skull, which gives you the right to use the signal as you see fit, I got a question for you.

    What if your neighbors decide to take the signal from your cell phones and cordless phones, as the signal beams into their skulls, and then decode the conversations and post them as audio files on the Internet or use them for personal purposes of entertainment? How would you feel then?

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
  91. Not like it matters by Rhyas · · Score: 2, Interesting

    They already made their money. They used their size to ream the pockets of thousands of people for way more than they ever would have made, even if the users HAD been paying for service. They've nearly completed the rollout of their latest SmartCard, which has no public hacks available for it, and have all but eliminated the old streams, leaving no hacking left to do at this point for the average joe. They have absolutely nothing to lose by pulling this PR stunt, because they're DONE. Game Over. Dave Wins.

  92. Re:Like how you don't know what you're talking abo by Anonymous Coward · · Score: 0

    It doesn't matter though. The point is that the outcome is FUCKING STUPID. Anyone can look at this and say "that's just wrong". Only someone with a vested interest in the current court system would defend this insanity.

    You can have the most complicated and intricate process imaginable, but if the outcome is fucked, then it doesn't matter.

  93. Proposed reply to future extortion letters by Ungrounded+Lightning · · Score: 2, Interesting
    "The company also promised that it will investigate every substantive claim of innocence it receives. If purchasers provide sufficient evidence demonstrating that they did not use their devices for signal theft, DirecTV will dismiss their cases."

    Oh, now I have to provide "sufficient evidence" that I'm not guilty? Whatever happened to innocent until proven guilty? Shouldn't the burden of proof be on their side?

    Basically, the bully is going to try to be a little nicer.


    Yep, that's what it sounds like.

    How about sending this in reply:

    Gentlemen:

    I received your letter of [date], in which you noted that I had purchased a smartcard programmer which may be capable of modifying your client's smartcards' programming to recieve your client's services without paying for them, and asking me for proof that I was not using it for that purpose.

    I can assure you that I am not, and do not intend to, use the programmer for such a purpose.

    As to "providing you proof" to that effect, I consider the development projects I have undertaken, or may undertake in the future, to proprietary. Accordingly I do not intend to reveal their nature to uninvolved third parties. I understand that, if your client believes that I am intercepting the premium programming part of his signal without paying, the burden of proof to that effect is on you, not on me.

    However, if you wish to assure yourselves that I am not intercepting your programming, here is a counteroffer which your client may find satisfactory:

    Upon reciept of reimbursement for the original purchase and instalation price of the satellite receivers and antenna systems (plus shipping costs), I will remove them from service and ship them, along with the associated smartcards, to your client, and terminate my service contract with your client's company. (I will require thirty days notice before the termination of service, so that I might arrange replacement service with Dish Network, my local cable company, or another of your client's competitors.)

    I will, of course, retain the smartcard programmer.

    Please indicate whether your client wishes to:
    a) accept this counteroffer, or
    b) drop the issue and waive any future action (absent a showing of evidence of actual signal interception on my part, rather than merely the ABILITY to so intercept.)

    I would appreciate a reply within thirty days. I will entertain acceptance of the counteroffer at a later date, but may ask for more than 30 days before service termination in order that vacation scheduling would not be impacted.

    Finally: Does your client wish to be offered a similar repurchase option when I eventually terminate my service at some future date (in lieu of my reusing the components of the then-useless receivers and/or antenna system for some other project)?

    sincerely
    [me]
    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Proposed reply to future extortion letters by (C)0N0(R) · · Score: 1
      I understand that, if your client believes that I am intercepting the premium programming part of his signal without paying, the burden of proof to that effect is on you, not on me. However, if you wish to assure yourselves that I am not intercepting your programming, here is a counteroffer which your client may find satisfactory: Upon reciept of reimbursement for the original purchase and instalation price of the satellite receivers and antenna systems (plus shipping costs), I will remove them from service and ship them, along with the associated smartcards, to your client, and terminate my service contract with your client's company. (I will require thirty days notice before the termination of service, so that I might arrange replacement service with Dish Network, my local cable company, or another of your client's competitors.)

      Until recently, a subscription to the services was not even necessary, just a dish and a reciever, and of course a 'fixed'card. *(so I hear:)* Dishes and recievers-including-cards are ubiquitous and could once be bought cash-and-carry at RadioShack.

      Now consider the fact that many people have several televisions, and may also own various recievers- due to upgrading, hand-me-downs, etc. A card gets "married" to one unique reciever, so if a single person wants to watch their favorite programs in a room at home other than their 'subscribed' reciever room, they can easily move the reciever to any TV with a cable run to the dish/lnb/splitter, but are restricted from just bringing the card to a convienently placed reciever (stacked among other A/V equipment or such) near another TV- garage, bathroom, or just to keep the pay programming away from the kids, etc.

      --
      The light at the end of the tunnel is a train.
  94. Re:Like how you don't know what you're talking abo by Anonymous Coward · · Score: 0

    "we do not believe that there is enough evidence to assuage our doubt that he actively participated in killing these two individuals, or performed some intentional action or actions, with intent to kill, that led to their death.


    ie: "We can't prove you killed them."

    though you may not have killed them, you are responsible, to some degree, for the loss that the grieving relatives have suffered

    ie: "We think you're responsible for killing them."

    How else can someone be "responsible...for the loss" unless they caused the loss??

  95. hmm by Anonymous Coward · · Score: 0

    DirecTV basically crushed all piracy of their service a month and a half ago. Now they agree with the EFF to change their tactics. They probably would have been changing them anyways when they know that even if someone has a smartcard programmer now they aren't pirating their service anymore.

  96. What about... by cr0sh · · Score: 1
    Have you heard about how you can bury large coils underneath overhead high-voltage lines, and "tap" the electricity - basically setting up a large air-gap transformer?

    With RF, it is basically the same thing - the antenna feeds into a coil tuned to a certain frequency, this AC signal is filtered out and amplified (very simple explanation - in practice it is much more complex) - to form the sound or video signal.

    Now, the electric company has a way to detect coils buried under their lines, and they will get you for stealing power, as well. In theory (but not in practice), a radio or a satellite company could tell how many users were listening, based on the the amount of power being pulled from their system...

    As I noted, the amount of power pulled per radio/reciever is very tiny compared to the power of the transmitter - but you are pulling a small amount of power, and the company is paying for that (now, one could argue that the power is free from satellites, since they likely use RTGs or solar panels and batteries for the transmitters)...

    --
    Reason is the Path to God - Anon
  97. Loser Pays - What About Product Liability Lawsuits by Anonymous Coward · · Score: 0

    > "if we had some tort reform in the US, and insituted a "loser pays" system, then the truly innocent could afford to fight the good fight to the end rather than settle, and legal persecutions in the US courts would all but disappear." What a nice way to ensure that poor people who are injured by some defective corporate product (common) or service provider (also common) would never be able to sue in court for fear of receiving a punitive judgement that would impoverish them for generations. Corporate lawyers have all the cards in their hands already, but what the hell, lets just give them a major one. Oh you right wingers are crafty ones, aren't you... For example, now in California, punitive damages in medical malpractice cases are limited to a TOTAL of $250,000. In other words, a few months of basic medical care in a modern hospital. (not intensive care - that would cost $250k in days.. How much medical care do you think that will buy a person who was permanently injured by a company as a 'cost of doing business'. Nomatter what torturous, lifelong, condition their negligence has doomed somebody to, the MAX that can be awarded to that person is $250k And of course, unless they are paying upfront, their lawyer would typically get 1/3 on contingency. A law like the idiot above proposed would prevent a lawyer from taking it at all.. even if it was a literal slam dunk.. So, now, few lawyers will take the cases.. because the corporations fight like hell and these cases often take months or even years...

  98. This is all BS. by Whatthehellever · · Score: 1

    IMHO, *any* signal that is transmitted over the air and into my skull is meant to be freely received.

    What is the meaning of a transmitted signal if not to be received?

    --

    ---
    IMHO, of course.
    May the SOURCE be with you.
  99. Tahya al-Moqawama al-Iraqiya! by Moqawama · · Score: 1

    Tahya al-Moqawama al-Iraqiya!

    11 September will soon come again to the American imperialist pigs. You will soon learn again what it is like to have your cities ablaze, to have your wives and children dying around you.

    You will remember what you have done to our cities! We remember al-Fallujah, and we remember Jenin, and we remember everything. You will pay a thousand times over for what you have done to us.

    Long live the Resistance in Iraq.
    And a soon death to American pigs.

    Tahya al-Moqawama al-Iraqiya!