Copyright Damages Out Of Control: $51 Million For Satellite Cracking App?
from the seems-a-bit-extreme dept
It continues to amaze me that there's anyone out there who thinks that the damages awarded in many copyright suits are anywhere close to reasonable or proportional to the "crime" at hand. Copycense points us to an article about a guy who was found guilty of putting software on the internet that allowed people to unlock Dish Network programming on unauthorized receivers. Because of this, Dish and another satellite TV provider, NagraStar, were awarded $51 million. $51 million -- for putting the software on the internet. That's all. The amount was determined based on the number of people who downloaded the software, even though, in all likelihood, a much, much smaller percentage would have ever actually paid for an authorized satellite TV account. Furthermore, this guy did not do the actual act of accessing the unauthorized signal, or breaking any encryption. He merely provided the tools to do so. Charging him with the bogus "cost" of each user of his software makes no sense at all. Even if you accept what he did was wrong and clearly illegal, it's difficult to see how that justifies the ridiculousness of the award.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: copyright, damages, encryption, satellite
Companies: echostar, nagrastar
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iphone
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Re: iphone
Droids does "corrections" on the fly. :/
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They are bombing my house with their satellite signals all day long. If I catch some of those signals without paying anyone, I'm a criminal.
I just feel like it's like putting money on my doorstep, and then complaining when I pick it up.
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They are putting the money on your doorstep in a heavy, secure safe, and you are having to use dynamite to get in.
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If someone leaves a safe on my doorstep without permission I'm not going to feel too guilty about opening it.
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It would become illegal if you started to give away, publish or make available your plans so that someoen else could build a black box.
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Either way, though, there was long a distinction between providing the plans to build a black box to decode and selling the actual box outright. I remember back in the day (late 70s to mid-1980s) when there were OTA movie services using FCC-licensed UHF channels, you could legally buy the plans to build the decoder, but not pre-built boxes themselves. In this case above, the tool, perhaps, amounted to providing the box, rather than the plans.
Please no hate on this one...I'm just thinking it though as a non-lawyer technologist type.
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This is WHY PAY TV for over the air Broadcast Stations
is (or SHOULD BE) Illegal, the SAME Argument applies to
Cable PAY TV.
The legal system is broken and getting worse, Money has more and better Rights than We the People.
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It is entirely possible to decode the signal, your claim to the contrary is just plain wrong. Possibly, you meant to say that it is not entirely legal to do such and if you then sell that signal you might be subject to a lawsuit or something.
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That doesn't change the fundamental wrongness of the whole thing.
Once I have a series of bits in my house, I should be able to do any mathematical operation to them that I wish. It seems inane and illogical to outlaw math.
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http://www.ftatalk.com
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Note to self...
So, my note to self: to avoid legal entanglements with rights owners and the owners of content distribution systems like Dish Network, stay away from tools and activities related to cracking their protection, hacking their system or stealing there content without paying.
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Re: Note to self...
Hello - all you DPI folks ... are you listening?
Oh, sorry, I forgot. This does not apply to you.
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Re: Note to self...
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Work the legislative process for change....
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Re: Note to self...
Now, this guy didn't use the software or make it. He just distributed it. That's like me giving away a sports car knowing full well that it's top speed is 3x the legal speed limit and getting fined every single time the new owner speeds. Plus the fact that the code is utterly worthless without the hardware to back it up, and I didn't see anywhere he was distributing that.
Just because it can be used illegally doesn't mean it will be, and the user should not be punished for can be, only what has been.
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I doubt that everyone in prison will tell you that they are innocent. I'm not sure where this silly comment came from, but it has been going around for many years. Believe it or not, there are people who would tell the truth about their reason for being in prison.
A little research would show it is entirely possible that a significant percentage of those incarcerated are not guilty of the crime for which they are serving time. Take a look at the plea bargin bonanza which DAs use to improve their conviction ratings. Poor people have little recourse in defending themselves against this practice. Public defenders are over worked, under paid and probably influenced in some cases. It is no wonder that many take the plea bargin rather than facing much larger charges.
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I'm also kinda wondering what else might have been going on in this case, that isn't covered in the DBJ's brief recap, which might justify such a large award. There is a follow-on case already filed against the same guy that charges "that Ward and Allison helped Jung Kwak, the owner of Oceanside, Calif.-based ViewTech Inc., a major importer of “free-to-air” satellite receivers, recruit hackers to crack a new version of Dish Network’s encryption technology." Sounds like there maybe more to the story.
Also interesting that Mike doesn't call out this other case which sorta shows this guy might not be just an oppressed file distributed.
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Title Incorrect?
I admit I did not read the source article on this one.
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First amendment?
For those of you who think this is a good thing, start learning to goosestep. That's where it leads. History shows it.
When the rights of individuals to express themselves are trumped by the rights of corporations to make cash, it is a sad day.
If this guy did not actually commit a crime and published INFORMATION... SPEECH... protected by First Amendment rights, then the guilty party is the government, for passing laws that curtail that freedom, in exchange for kickbacks from the corporations.
Project: United States
Status: Failed
Recommended Action: Revolution
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Re: First amendment?
Yeah, it sucks and the amount is outrageous, but I don't think this is the case to hang a revolution on.
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Re: Re: First amendment?
True, but it is one more piece of straw on that camel's back. And that hay bundle is growing at an ever-increasing pace these days.
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Re: Re: Re: First amendment?
There are (unfortunately) plenty of better, cleaner examples of egregious awards against folks who weren't bad actors, just personal use transgressors, if you will.
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Re: First amendment?
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Percentage of what you make per year.
The PEW Study
U.S. Bureau of Justice Statistics
Those are political decisions that lead to this situation, the same way o thinking that helping bankrupt states and other institutions validating a model of attrition instead of collaboration and non-confrontational approachs that could be used.
Is not just copyright damages that is out of control is the culture ingrained in peoples mind.
Punishment don't solve most things and should be used sparingly to very, very grave and should have the consequences actually thought out beforehand and not emotionally.
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Re: Percentage of what you make per year.
One side argued he should be held liable for everything. He argued some other measure of damages.
Chances are if any group of reasonable individuals had all the information that came out at trial, they would reach the same conclusion or at least understand the result.
And as for free speech rights, the right to expression was codified to serve society as a whole. And the original codification in no way invisioned his activities being speech.
If you want stronger free speech rights, go through the process of amending the Constitution.
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Re: Re: Percentage of what you make per year.
1. Impeach or Recall the 5 Roman Catholic Supreme Court Justices for attempting to establish Catholic State Religion.
2. Restore the Anti Corporation / Empire (East India Trading Company) attitude of the signers of the Constitution.
3. Change the Senate & House to ONLY create Legislation, any voting is only to establish the wording and pass back to the other house. We the People Vote (by phone) on ALL Legislation.
I said the last in 2 sentences. It is Clear that the Approval Rate of the GOV is LOWEST ever, in 3 short paragraphs I described the Solution. GO FOR IT.
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A Different Kettle of Fish
Ward was sued under not just the DMCA, but several other statutes. He was providing assistance to others to facilitate unauthorized decryption of a signal. Essentially, this is abetting theft of services, not copying copyrighted content. The DMCA comes in because of the anti-cracking or circumvention clause.
So the damage and loss from potential theft of services may indeed warrant a stiffer penalty. This is not infringement.
Also, the linked article notes: an actual criminal charge relating to the copyright act.
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Re: A Different Kettle of Fish
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Re: Re: A Different Kettle of Fish
And this is specifically a crime under several statutes. Cracking encryption like this is indeed theft of service. Defending copyright infringement as fair use is one thing, but theft of services has long been a criminal matter, not a civil one.
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Why Illegal?
This guys lawyers dropped the ball.
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Re: Why Illegal?
In order to understand whether an act is a crime, you have to know what particular law makes it a crime.
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Why "crime
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The circumvention of the encryption allows viewers access to all Dish Network channels, including all premium channels for which one would normally pay sometime hundreds of dollars a month.
The court could have awarded damages either under the communication act or the DMCA. Under the communications act, he could have awarded $500,000 per violation, which is defined as a download. Under DMCA, it could have been anywhere from $200 to $2,500 per download.
The judge imposed the minimum damages of $200 each for 255,741 downloads, or $51 million.
So this is hardly a crazy or excessive award, especially considering if only a fraction of those who downloaded used it, could result in many more millions in losses.
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The decision is available here.
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Description
eg. They shouldn't be able to just say "You can't decode your signals". They should have to describe the legal physical process and show it is different to the illegal physical process.
Heck, all laws should be forced to use proofs and be verified.
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Or
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Re: Or
Uh...because it's not illegal?
But, please, be my guest. You should also sue Verizon, AT&T, T-Mobile, or any other cell phone or Wi-Fi service provider in your area 'cuz they're beaming radio waves through your house. Don't forget to sue all your local radio and broadcast TV stations, too. You could be rich! (or bankrupt).
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Re: Or
Remember, shiny side out.
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Rewards for Pay TV
Was the guilty guy able to Pay, or did (s)he go to jail?
I object to Pay TV in general, because of the Advertisements. When I Pay it is to avoid the Advertisements. Some say the Movie Theaters have Ads, but this is only for the Theater.
More Specifically to the Satellite Provided Signals.
Is it Legal to Pay (monthly) for over the air Broadcast Stations? I think the Government MUST have a Free way to reach the Rural Areas (mountainous areas, and distance in the Midwest). We have the Right to Choose how to spend Money, but Money has more Rights than us.
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