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DirecTV Goes Double Dipping To Get Huge Fines Against Satellite Intercepts

Legal Issues

from the seems-a-bit-extreme dept

Mon, Dec 5th 2005 2:09am — Mike Masnick
You may recall that DirecTV ran a nice little revenue generation scam for a while against people who might have been intercepting their satellite signals illegally. Rather than actually track them down, the company sued firms that sold smart card readers -- and got a copy of their customer list. They then sent threatening letters to everyone on that list -- even though there are plenty of other reasons to own a smart card reader that are perfectly legitimate and have nothing to do with illegally watching DirecTV programming. Rather than bother to take those people to court, DirecTV offered an easy out: pay $3,500 and they would leave you alone (if this sounds like a similar tactic being used by the RIAA, you're absolutely right). After lawsuits were filed, DirecTV agreed to end the practice (just as a judge was about to tell them they had to, as it was extortion), but it appears they haven't stopped some of their other hardball tactics. The latest is that they've decided to interpret the law in a way that makes anyone who uses a modified smartcard at risk of being accused of actually "assembling" interception equipment. The law in question is designed to go after those involved in making and selling equipment to illegally intercept satellite signals. However, DirecTV is claiming that sticking the modified smartcard in a receiver is "assembling" an illegal device -- thereby opening those users up to $100,000 fines.
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34 Comments

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  1. identicon
    Stoolio, 5 Dec 2005 @ 2:46am

    Sad

    The tragedy with both dish providers is how far from grace they fell.
    It is hard to believe that I now trust my cable provider over my old dish ones. In the early days we all seemed to be willing to put up with losing signals during wind and rain, just as long as we were putting it to the cable companies. But after the experience I had with both dish companies, I will never deal with them again.

    [ link to this | view in thread ]

  2. identicon
    Rob Miles, 5 Dec 2005 @ 3:14am

    Yea, it's sad.

    So a DirecTV customer is using an altered card? How DARE DirecTV attempt to protect their product and service?! Why, the very idea of making the punishment severe enough to actually deter the crime is just so... unAmerican!

    (Please note, I don't like what the sattelite providers did to those who own smart card readers anymore than you guys, but c'mon. They have a right to go after the people actually using the altered cards.)

    [ link to this | view in thread ]

  4. icon
    Mike (profile), 5 Dec 2005 @ 3:32am

    Re: Yea, it's sad.

    So a DirecTV customer is using an altered card? How DARE DirecTV attempt to protect their product and service?! Why, the very idea of making the punishment severe enough to actually deter the crime is just so... unAmerican!

    No, you missed the point. Going after the users is fine. But, it's all about what law they're using to go after them. Illegal interception of satellite signal is the law they should be using -- but they're also using the law that's for those who make equipment that's used to steal satellite signals. That's misreading the law.

    I have no problem with them going after those who illegally get satellite TV, but they shouldn't be misusing the law to make the punishments worse than they actually deserve.

    Also, you really believe that someone watching some TV they didn't pay for deserves to pay $100,000?

    [ link to this | view in thread ]

  5. identicon
    Roy Hawkins, 5 Dec 2005 @ 4:21am

    DirecTV

    That is why I will never subscribe to DirecTV.

    [ link to this | view in thread ]

  6. identicon
    Stoned4Life, 5 Dec 2005 @ 4:38am

    VCR

    Smart Card is to VCR as DirecTV is to RIAA.

    I love analogies.

    [ link to this | view in thread ]

  7. identicon
    chakatak, 5 Dec 2005 @ 5:05am

    brain damn-age

    Can I sue DTV for sending their unwanted signal through my HEAD!?

    [ link to this | view in thread ]

  8. identicon
    ein stein, 5 Dec 2005 @ 5:52am

    I feel like a genius now

    I did not realize I could single handedly assembly
    a car every day before going to work. I hope I don't need a manufacturers license.

    [ link to this | view in thread ]

  9. identicon
    Chris Sz, 5 Dec 2005 @ 5:59am

    How to Assemble a Car

    If DirecTV is going to say that putting a smart card, which is essentially a key that turns on or 'enables' the device, into the DirecTV unit means you are assembling a device, then I must be assembling a car each time I put the key in the ignition. I never knew I had this knowledge! How amazing! All it took was a lawyer to point out that I know how to assemble a car, and that millions of people each day assemble their car. I, personally, am going to stop this practice as I do not want the United Auto Workers Union knocking on my door for assembling vehicles while not a part of their union. And Toyota will probably be pretty P.O.'d also, so all of you car drivers take head. Stop 'enabling' your car each day or risk being sued or being fitted for your own pair of cement shoes. (Oh wait, that comment may make some union officials upset)

    [ link to this | view in thread ]

  10. identicon
    Chris Sz, 5 Dec 2005 @ 6:03am

    Re: brain damn-age

    No, but you can fit yourself with a nice aluminum foil helmet.

    [ link to this | view in thread ]

  11. identicon
    hautedawg, 5 Dec 2005 @ 6:16am

    Re: brain damn-age

    I was thinking the same thing. The satellites are sending signals through MY air space and bombarding MY land with signals that I have not requested or want. The are trespassing on my land and I want them off...or a free card reader and satellite reciever....

    [ link to this | view in thread ]

  12. identicon
    nullsmack, 5 Dec 2005 @ 6:59am

    what

    The big deal is that they were going after people who bought the cards and readers for completely legitimate purposes. If I bought one to make a smart-card electric door lock for my house during that time then they would've been after me as well.

    [ link to this | view in thread ]

  13. identicon
    Andrew Strasser, 5 Dec 2005 @ 7:03am

    Re: brain damn-age

    Hilarious. That's true though there are literally hundreds of satellites up there bombarding our planet with High Frequency(radioactive) signals at all times. We won't stop that, however this does seem like a bit of abuse of power that people have let get to their heads or something. Money rules our world and satellite companies can't keep up. Cable today has the better advantage over basically all services short of wirless and has much much more security than wireless. Understandably we're talking about television however I'd rather invest into something that is going to be an intregal part of our society for quite some time to come. Dish has half the practicality for residential use. I do strongly support other means than cable for company, government, and military uses though.

    [ link to this | view in thread ]

  14. identicon
    C;urt, 5 Dec 2005 @ 7:09am

    old tech

    So why don't they upgrade their technology and replace the card ? It has now been in use for almost 20 ? years. It's been a problem since they first began using it. Sounds like they use the same programmers as Sony did.

    [ link to this | view in thread ]

  15. identicon
    Rory, 5 Dec 2005 @ 7:39am

    Re: VCR

    I didn't know the Recording Industry Association of America was concerned about people pirating their CDs with VCRs. ;)

    [ link to this | view in thread ]

  16. identicon
    Anonymous Coward, 5 Dec 2005 @ 7:51am

    Re: old tech

    They have upgraded their cards and technology numerous times. Each time, someone figures out a way to bypass it.

    [ link to this | view in thread ]

  17. identicon
    Geoff, 5 Dec 2005 @ 7:56am

    No Subject Given

    Great, so now you have to pay $3,500 for buyin a smart card reader you ARN'T using to priate tv, and another $100,000 for NOT putting it in the directv receiver you DON'T own.

    Fuck Directv. Fuck them long, and fuck them hard.

    [ link to this | view in thread ]

  18. identicon
    CapnKirk, 5 Dec 2005 @ 7:57am

    Re: brain damn-age

    Ok, I understand your point but calling high frequency (or UHF, SHF, etc) radio waves "radioactive" is misleading at best. First, the amount of energy reaching your head from 22,000 miles up is VERY small--you should be more concerned about the glowing hands on your watch or your smoke alarm (yep, both radioactive). Second, radio waves are characterized as non-ionizing radiation, which basically means they can't knock electrons out of your atoms. Quit trying to scare people.

    [ link to this | view in thread ]

  19. identicon
    DIsh User, 5 Dec 2005 @ 8:19am

    Re: Yea, it's sad.

    Exactly. Its always some right wing whacko who misses the point. They can't wait to take the side of a corporation VS some tree-hugging hacker.

    The other point that got missed was that if you really love this country, and I personally hope you do, then you should embrace the laws that protect the accused. The laws against the tyranny of the powerful and rich. DirecTV launched a completely un-American crusade based on the misuse of existing laws, and they are doing it again.

    [ link to this | view in thread ]

  20. identicon
    Anonymous Coward, 5 Dec 2005 @ 8:31am

    Re: How to Assemble a Car

    The analogy to the car would be that they would go after the folks who sell devices that can make a key to access anyone's car. If someone illegally made a key to my car and used it, I would have them arrested!

    [ link to this | view in thread ]

  21. identicon
    Ryan, 5 Dec 2005 @ 8:35am

    Thanks for the idea!

    I had never considered ganking satellite TV. After reading about DirectTV's complaints I got the idea. I haven't actually done it, but if I were to do it it would be because they ruined themselves by letting me know it can be done!

    [ link to this | view in thread ]

  22. identicon
    dzid, 5 Dec 2005 @ 9:05am

    ..

    interesting article..

    [ link to this | view in thread ]

  23. identicon
    Rikko, 5 Dec 2005 @ 9:21am

    How can this industry even exist?

    I don't understand how we've even gotten to the point where they can try and sell their signal. They're broadcasting the damn thing all over the planet - what if I don't want that signal being splattered all over my property? Conversely, what if I want to use it?

    The entire satellite entertainment industry reminds me of someone throwing money from a helicopter and then yelling in a megaphone for people to stop picking it up.

    [ link to this | view in thread ]

  24. identicon
    Anonymous, 5 Dec 2005 @ 9:29am

    Well, then

    [Waves hand-Jedi mind trick] The smartcard is not what you seek..
    [waves hand] jump the 2 of the pins (I belieive 1-2) on the Intel chip just north of the Main processor. Apply a 12v pulse. Attach a JTAG connector to the port just east of the main processor. Use SoftICE or GDB to access the port over serial connection. Rewrite the tier data.
    Laugh heartily.

    [ link to this | view in thread ]

  25. identicon
    Anonymous, 5 Dec 2005 @ 9:31am

    Well, then

    Sorry...the JTAG port are a series of solder 'dots' due WEST of the primary processor. My bad. It's early.

    [ link to this | view in thread ]

  26. identicon
    Anonymous Coward, 5 Dec 2005 @ 10:11am

    Re: ..

    nice addition to the running discussion

    [ link to this | view in thread ]

  27. identicon
    Mrops, 5 Dec 2005 @ 11:01am

    Re: Yea, it's sad.

    Well, simple, they aren't catching the crooks, they are catching anyone with a smart card reader. Now I don't support guns, but this is like charging owners of gun with attempted murder.

    [ link to this | view in thread ]

  28. identicon
    RC, 5 Dec 2005 @ 12:16pm

    Re: Yea, it's sad.

    Shotgun litigation like this is a dangerous thing for freedom, and freedom of speech even. Big corp's know that money rules all, and might makes right (until stopped by either an overburdened AG or under funded EFF type group). The fines and even jail time for this stuff is also obscene considering the "crime". Not quite chopping a hand off, but who has $100K sitting around? But wait, it is supposed to be a deterrent - no, it is meant to be a bully prod making the potential cost of loosing too high to fight, even an unjust charge. This saves money by bypassing the expensive triviality of a trial. What is most disgusting is that we end up paying with taxes to protect the interests of co's such as Sony, Directv, etc. at the expense of what should be our freedom. A business model of legislated non-obsolesce is beyond justification.

    [ link to this | view in thread ]

  29. identicon
    Scott A Wendt, 5 Dec 2005 @ 12:25pm

    Re: How to Assemble a Car

    You are not assembling a car, you are assembling the car ignition device (if you assume that the key is a part of the ignition system). Not that I'm defending DirecTV but you should at least get the analogy correct. The modified smartcard (in DirecTV's terms not necessarily mine) is one part of an illegal signal theft device, by putting it into the reciever which is the other part of the device you are "assembling" it.

    My question is whether this is really a problem anymore? Last I heard with the disabling of the Hu stream there weren't widespread public hacks for DTV streams.

    [ link to this | view in thread ]

  30. identicon
    Anonymous Coward, 5 Dec 2005 @ 1:00pm

    Re: Yea, you'r sad.


    An eye for an eye, a tooth for a tooth.

    In other words, you don’t get to extort $100,000.00 from someone who “stole” MAYBE $3000.00 “worth” of satellite TV, you only get the $3000.00 that was lost.

    But in truth, nothing was lost, because the people receiving the signal never cost dish network anything – the signal was there whether they paid for it or not.

    An eye for an eye – but only a mother-fucking eye already! You don’t get to take an eye, a leg, a tooth, and an ear.

    [ link to this | view in thread ]

  31. identicon
    NoMorePoints.com, 5 Dec 2005 @ 6:29pm

    Nifty

    They just keep doing it because they need a way to pay for those nifty ads they put on TV. It's like the Bank making you pay to park, or putting a toll booth at the drive up window.
    NoMorePoints.com

    [ link to this | view in thread ]

  32. identicon
    Anonymous Coward, 25 Nov 2006 @ 9:01pm

    They charge their techs $300 for showing up late to a customers house.

    [ link to this | view in thread ]

  33. identicon
    Itsacatfight, 4 Oct 2007 @ 1:58pm

    Re: Their Way - Money for nothing

    I wonder if they charged the tech who brought our replacement box?
    My husband and I had been good DIRECT TV customers for over 5 yrs. During that time two of our boxes went bad. We sent them in and replacements were sent back. No problem, but several months ago one of our boxes went bad and we spent three times on the phone trying to get a replacement sent. We were told we no not do that. They wanted to send a man out on a service call. We didn't have a problem with that, after all we had been paying them $5.99 a mo for their Protection Plan since Oct of 2004. When the man came sure enough the box was bad and he installed the replacement. He had a form which was a DirecTV form CIA (06/06) Installation/Service Satisfaction Checklist. On the front side of this form there is a place to be completed by the Tech whether this is Installation or Service call and a place for the job number. The tech checked "Service call". On the reverse side the heading reads DIRECTV Equipment Lease Addendum. Under this heading are three boxes:
    (1) new DirecTV customer
    (2) current customer obtaining one or more additional receiver(s) or
    (3) Service Call. Note: Lease Addendum is NOT applicable for Service Calls.
    So we signed it, because this was a service call! About a month later we switched to DISH. When we called in to cancel DIRECTTV we were told that we would have to pay a penalty because our contract had not been satisfied. We said "No, way" we've been customers for over five years with no contract extensions. They said yes when we upgraded our box. We wrote to their Billing Disputes Dept. sent copies of the form showing that it was a service call highlighted the part that says contract extension is not applicable for a service call. After about a month we received a form letter back thanking us for our letter and saying sorry you did not fulfill your contract agreement. Then they debited our bank account for the penalty. About two weeks ago we received a letter in the mail inviting us to "come back"
    I say " snowball's chance"!!!!! Not even if you are the only satellite provider on the planet.

    [ link to this | view in thread ]

  34. identicon
    marco, 26 May 2010 @ 4:44pm

    DirecTV

    DirecTV would not have to go after so many people if people would simply quit stealing. It is a matter of a society that thinks it is okay to steal someone else's product.

    [ link to this | view in thread ]


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