EFF Coordinates Fight Against DirecTV 268
wumarkus420 writes "In response to recent lawsuits filed by DirecTV against purchasers of smartcard equipment, the EFF and Stanford Law School Center for Internet and Society have announced a new site devoted to the legal fight against DirecTV's aggressions. Hopefully, this new site will provide innocent consumers that have been threatened under the veil of the DMCA with professional legal advice and information."
Buy one (Score:3, Funny)
Buy a Dish instead, yeah? (Score:4, Informative)
Yes, DirecTV is coming out with one too, and theirs is a joint venture with TiVo.
But you'll want Dish for the pr0n [dishnetwork.com].
Re:Buy a Dish instead, yeah? (Score:3, Informative)
1. Doesn't compress its signals as much as DirecTV.
2. Isn't owned by Murdoch (Mr. "Fair and Balanced"), but is run by Americans.
3. Offers good PVR's, and doesn't charge extra for using them like DirecTV does (you'll hardly notice it's not a Tivo).
4. Offers lower-priced basic service.
I'm quite happy with
Re:Buy a Dish instead, yeah? (Score:3, Insightful)
1. Doesn't compress its signals as much as DirecTV.
2. Isn't owned by Murdoch (Mr. "Fair and Balanced"), but is run by Americans.
3. Offers good PVR's, and doesn't charge extra for using them like DirecTV does (you'll hardly notice it's not a Tivo).
4. Offers lower-priced basic service.
I'm quite happy wit
Take it from someone who knows (Score:2, Interesting)
I Was contacted yesterday to see if i wanted to pay them off. . . . and i was told that
Too bad (Score:2)
Take it from someone who knows (Score:5, Interesting)
Actually, it isn't hard to handle this yourself in (Score:4, Informative)
2) Look up the law they are suing you under, and look at each specific "element" that is necessary for them to prove to win.
3) If they did not allege all the correct elements in their complaint (assuming at this state that EVERYTHING they say in the complaint is true at this state of the game), you file a "motion to dismiss for failure to state a claim" under rule 12(b)(6). There are many examples on the web. You state in the motion that "A claim under [statute] requires the elements of [1, 2, 3, 4
4) if they properly alleged all the elements (they usually do) you don't get anywhere by filing a motion to dismiss. Instead file a "Motion for Summary Judgment" under rule 56. In it, you set out numbered statement of FACT (not opinion) and you MUST have a document or affidavit that supports each statement of FACT.
To respond to your motion, they must ALSO come up with hard FACTS and the EVIDENCE to back them up. In a motion for summary judgement, all FACTS you state and support with an affidavit or document, are ASSUMED TO BE TRUE by the court for that motion and it is THE OTHER PARTY'S BURDEN to find evidence and PRODUCE it to rebut them.
Most cases that do not settle are decided fairly early with either a Motion to Dismiss or a Motion for Summary Judgment.
For example, if the statute requires "intent" to use the card for unauthorized interception, the motion may be something like:
Defendant moves the Court to Grant Summary Judgment" pursuant to Rule 56 FCRP on the grounds that:
1. The card was purchased on [date] from [vendor] for [purpose].
2. At that time I was employed by [company] and my job included evaluating methods of security analysis for such and such project, and smart cards of the type I purchased were one such technology evaluated.
3. The card was purchased in my role as employee of [company] and used solely for the project [project].
4. The card was stored and used at the facilities of [company] at [address] and no where else at any time.
5. The card was never removed from the premises by me or anyone else.
6. At no time did I use the card, or intent to use the card in any way whatsoever to intercept, acquire, or otherwise use any broadcast or other content of a broadcast medium.
7. The use by me on the project [project] was [blank] [fill in here language that makes your use qualify for an exemption in the statute.
8. Plaintiff secured the names of purchases of these cards from various sellers, and has sued these purchasers without any inquiry whether some have legitimate and perfectly legal uses of the cards.
9. Plaintiff has brought this particular action without any inquiry into the relevant facts that make this possess/purchase by me legal.
Plaintiff requests a hearing on this motion at the earliest convenience. For the reasons state herein and supporting testimony, affidavits, and evidence, Defendant asks that summary judgment in his favor be Granted.
Then include a sworn affidavit that restates each necessary fact, and include documentation (like a copy of a W2 showing employment, etc.) Makes it look better.
You dress nice, and it will probably be heard in chambers by a magistrate judge. Calmly and simply state your case. DON'T get into back and forth with the other guy. Take notes and point out that YOUR affidavit is the only fact that sets out the relevant fact
Smart Card Readers (Score:5, Insightful)
Rus
Bahh!!! DirecTV has no case! (Score:3, Interesting)
Once you buy hardware, you own it.
That may not be the case with copyright protected content, but just as you are authorized to privately show a DVD you own as many times as you want to (.. for now), you can privately hack your hardware any way you want to! Sealand, anyone? Or perhaps China. Australia would be good, except they just reversed their earlier decision and made selling mod-chips illegal again. However, it is still legal to install them over there!
Comment removed (Score:4, Insightful)
Re:Bahh!!! DirecTV has no case! (Score:4, Insightful)
Unless you made some special agreement in the shop when you bought the hardware, then yes, you indeed own that copy of the software too. Of course, you don't get to own any copyright to it, but you do own the copy of it, just as you own a book you buy despite not owning the copyright to it.
Re:Bahh!!! DirecTV has no case! (Score:2)
Comment removed (Score:4, Insightful)
Re:Bahh!!! DirecTV has no case! (Score:2)
It does indeed, but copyright law is more on his side than yours.
Copyright law does indeed prohibit him from making copies of that software and distributing them, sure. He doesn't own the copyright.
But he does own the copy embedded in that hardware, and can do with it as he likes, as long as he doesn't violate copyright. He can make backup copies (as long as they aren't distribut
Re: (Score:2)
Re: (Score:2)
Re:Bahh!!! DirecTV has no case! (Score:3, Insightful)
Re:Bahh!!! DirecTV has no case! (Score:2)
>you can't decompile windows. It's in the EULA
Lets assume EULAs are valid. The simple sollution:
* Buy HP with Windows (you now own a computer and a copy of Windows).
* Don't agree to the EULA if it for some reason should be presented to you.
* Decompile your copy of Windows.
Unless copyright laws forbid it (and they generally only deal with copying, public performance and such) you can do everything else. Perhaps some other law in some countries might
Re:Bahh!!! DirecTV has no case! (Score:2)
Re:Bahh!!! DirecTV has no case! (Score:5, Insightful)
Copyright has no realtion to a EULA, and EULAs are not laws, at most they're contracts which you may or may not be a party to.
Re:Bahh!!! DirecTV has no case! (Score:2)
So next time I buy some hardware which comes with some GPL'd software, you will have no objection to me modifying the software and distributing the binary but refusing to release the changed source?
After all, acording to you, "If the software comes with the hardware, I can do what I want with it, too."
Re:Bahh!!! DirecTV has no case! (Score:2)
you could sell the one copy you got with your computer. To make additional copies and sell them would violate copyright law.
That is why microsoft has an EULA to place further restrictions on you. The questionable enforcability of those EULAs is why microsoft (or the OEMs on microsoft's behalf) uses technological measures to tie the copy to the machine in a way that makes it useless without the machine
Re:Bahh!!! DirecTV has no case! (Score:2)
Reverse engineering is now oftentimes illegal. Furthermore, ownership of a device (ANY device) doesn't give you carte blanche to do what you will with that device.
You can legally buy a gun. You can't legally go and shoot someone with it. You CAN legally take it apart, and make a plant holder out of it. I believe that you CAN'T legally turn a semiautomatic gun into a fully auto.
Even outright ownership doesn't give you full rights of use.
Re:Bahh!!! DirecTV has no case! (Score:2)
Or are you arguing that, becuase I own my computer, I have the right to use it to break into yours over the internet?
Re:Bahh!!! DirecTV has no case! (Score:5, Informative)
Think about it. If 3 million people were dialing up DirecTV and hacking their servers on a regular basis, don't you think there would be a lot more being done about it? Don't you think Hughes would already know who all the pirates are? All they would have to do is match the address the call came from against their billing database.
Re:Bahh!!! DirecTV has no case! (Score:2)
I chose to respond rather than mod you down, because there isn't a "clueless" mod option.
Of course, you're dead wrong. Nobody is hacking anybody's servers. Do you have any idea how DTV works? Here's a lesson: The signal is broadcast to the entire country. You receive it via your dish.
Now, in order to watch it, you have to decrypt the signal. This is where your smart card comes in: All of the decryption algorithms are stored here, as a
Re:Bahh!!! DirecTV has no case! (Score:2)
You really have no idea what you are talking about, do you?
You needn't be in contact with them to hack and decode an encrypted signal. If that were so, how would Mexicans and Canadians do it? You think DTV wouldn't have at the very least Caller ID that could tell them when someone was calling from outside the US?
their advice (Score:5, Insightful)
omg what a great business model, sue people for cancelling service to prevent people who will quit because they don't like their business practices.
and wtf does "sudden" mean:
"hello I'd like to stop subscibing, please phase out all my channels over the next 2 years"
Re:their advice (Score:2, Funny)
BEDEVERE: Tell me
ALL VILLAGERS: Burn them! Burn them! Burn them up!
BEDEVERE: And what do you burn apart from witches?
FIRST VILLAGER: More witches!
SECOND VILLAGER: Sh!
THIRD VILLAGER: Wood!
BEDEVERE: So why do witches burn?
FOURTH VILLAGER: [pianissimo]
BEDEVERE: Good.
[PEASANTS stir uneasily then come round to this conclusion.]
ALL VILLAGERS: Oh! Oh yeah!
BEDEVERE: So. How do we tell whether she is made of
Re:their advice (Score:3, Insightful)
What about for the RIAA? (Score:5, Interesting)
Just watch, they'll lose their domain name (Score:5, Interesting)
A friend of mine has operated a website called www.afm.com [afm.com] for quite some time. "AFM" stands for American Flea Market. A little while ago the American Film Marketing Assocation [afma.com] disputed the domain, saying that he was cybersquatting on their trademark. Their complaint filled a four-inch binder. He's operated the domain for several years before hearing from these jokers.
They accused any of everything from kidnapping the Lindbergh baby to crashing those planes into the World Trade Center. Oh, yeah, and Andy had weapons of mass destruction.
My friend is no fool. He fought the dispute tooth and nail, without any legal representation - and won, he got to keep his domain. But not everyone has been so lucky.
Andy put up a site about it called www.ShameOnTheAFMA.com [shameontheafma.com], which has some resources that others could use to defend their domains.
Wow (Score:2)
-- AFM local ?? Shit, I can't remember.
Re:Just watch, they'll lose their domain name (Score:2)
heh, that's funny, because when I read AFM, I first thought about the American Federation of Musicians" [afm.org] at afm.org.
-dB
You can buy a gun without being branded a murderer (Score:5, Insightful)
Victor Hugo said, back in 1831/1832, that the printing press killed architecture, by taking away part of what architectural edifices were about (telling a story, imposing a theme, etc). Books lasted longer, could be more widely diffused, and were not subject to being rebuilt and demolished in the same ways (amongst other things, for more read "Ceci tuera cela" in "Notre Dame de Paris").
The Internet is now killing all other media, because it is at once all media, and is the same thing to all people, rather like the book was more accessible than the edifice as Victor Hugo observed had happened from the 15th century onwards*.
As has been mentioned elsewhere, ITV Digital went down due to piracy. Canal Horizons, the Moroccan digital TV unit, also went down due to piracy. Not that people were pirating their signal, they were pirating French digital TV instead ;-)
All this leads us to the logicial conclusion that paying for recorded content is going to be a harder and harder thing to enforce, whatever the medium. Which is great, in my opinion. It might bring back live entertainment, something which was originally killed by the recorded work. People moan about how piracy is killing CDs, DVDs and so on - but the real artists who could really perform live lost a livelihood to recorded works. Maybe they will see a renaissance, which would be much more democratic than some big-ass company making all the $$$ for a recording.
I can't help feeling that content is priced too high. Why should "Friends" actors make a million bucks an episode? Why should Arnold Schwarzenegger make so much? Careful editing and effects respectively make these two vehicles much more successful than the actual TALENT (or lack of) of the actors.
The re-democratisation of content is perhaps happening today. And live shows might perhaps make a comeback. I'd much rather hear a live show in a bar (sometimes for like $5 and maybe I'll leave a tip for the band or buy their self-marketed CD) than pay $15 for recorded works of some pimped singer who actually can't play an instrument or write anything, just has a nice voice _once it is processed_ ...
DirecTV, indeed TV in general, had it coming to them. Even their good content is becoming diluted by the sheer volume of crap out there, and indeed the success of mediocre vehicles like recent Friends, Simpsons and others just goes to show that the public is less and less able to find something good to watch (or listen to). People probably have a strong urge to pirate because it is quite frankly not worth the subscription fee most of the time. And, Internet is already giving us content on demand, including movies, on the wrong side of the law, while conventional media is actually playing catchup. Time to start seeing this for what it is, a paradigm shift for the 21st century.
Re:You can buy a gun without being branded a murde (Score:2, Informative)
These people were paying $30 a pop for the new card software images to get every channel. They could have paid $20 to get the standard 300 channels. Obviously they were just greedy and wanted HBO and the skin channels for free.
Re:You can buy a gun without being branded a murde (Score:2)
It neither denegrates the good nor exculpates the evil that is done. I need to eat just as much as any business does, but this doesn't mean that I don't practice "right livlihood". Perhaps not perfectly, but I try. If a business doesn't try, then I wonder if having it exist is a net good.
Businesses are social constructs. If they aren't good for the society, then the society should disband them. But I will ad
It's a Witchhunt (Score:5, Interesting)
Now he is a fan of Dish Network...
Furthermore (Score:5, Informative)
Right or wrong about the genesis of their actions (some folks really are intercepting DirecTV signal), DTV is just flat wrong about how they prosecute their case and need to be reigned back in.
Re:Furthermore (Score:5, Insightful)
DirecTV has no jurisdiction anywhere outside their own corptate structure. They're a friggin company, not a public instituion granted the right by the people to cast judgement. Same goes for the BSA, *AA, etc. They can't raid you. They can only 'lobby by check' politicians who tell their FBI underlings to do the raid..
Repeat after me: laywers++ != law. Don't let their marketeers get into your brain[*].
These verbal slips are just like "IP" and "DRM" phrases that pass into common usage but are really just twisted-meaning corportate bullshit!
Fight the noun.
[*] remember a faraday cage needs total coverage, so you have to go mummy-like, really.
The hat isn't enough.
Re:Furthermore (Score:2, Informative)
Re:Furthermore (Score:2)
Wrong. It most certainly can aaply to non-US citizens, but does not have to. If you are a non-US citizen, and you come to the US and break a law, you can be held accountable for that law, there is no, but I'm not American defense. I know I'll get flamed for this, but Sklyarov was in the US when he was arrested, so in that case they did have jurisdiction.
Re:Furthermore (Score:2)
But they charged him with violating a law that he violated while in RUSSIA. Sure, they had jurisdiction to arrest him since he was on US soil, but they didn't have jurisdiction to charge him with a crime he didn't commit while on US soil.
Imagine going to some country where prostitution is legal. You pay for a little fun, come home, and you're arrested for violating a US law while i
Re:Furthermore (Score:2)
I guess the real question is where do computer crimes jurisdiction lie? In the jurisdiction the offender is in, or the jurisdiction that the victim is in? The example of prostitution (which is legal in the US in some places, i.e. Nevada), you are not
Re:Furthermore (Score:2, Insightful)
Re:Furthermore (Score:2)
No, that's bullshit. The fact that DTV isn't licensed to broadcast in Canada does not mean Canadian citizens aren't permitted to view the signals. In fact, it was wholly legal to hack DTV cards in Canada for quite some time, though I believe they've changed that.
Internet, credit cards, and anonymity (Score:5, Insightful)
If the government were to try a stunt like this, it would be against the constitution's "ex post facto" rules. But instead, we are moving toward a society that's "laws" are defined by corporate entities.
Though we loathe the idea of the government installing cameras and watching us, bugging our phones, reading our e-mail, record our purchase transactions, and track our movements, we allow corporations to do it all the time. This is already bad enough, but if we allow the government to centralize these corporate databases, then by default, we will have allowed the frightening world of 1984 to exist.
Re:Internet, credit cards, and anonymity (Score:2)
Re:Internet, credit cards, and anonymity (Score:2, Interesting)
Alternatively, you might use someone else's address, if you felt you could intercept the package before they picked it up.
Copyright, revisited (Score:5, Insightful)
Inventors for all practical purposes now means corporate entities, because if they can ban the tools required to investigate and experiment with technology, then the era of the individual inventor is over. The ability of corporations to stifle scientific investigation now rivals that of the Inquisition.
Now the question isn't "what can I invent?", but "can I afford a lawyer to defend my right to invent?"
I actually feel physically sick.
Irony in the right wing (Score:3, Insightful)
Just goes to show freedom is only gained by trampling the freedoms of others.
Re:Irony in the right wing (Score:2)
Firstly, I can't even believe I'm replying to you seeing as you're ovbiously ignorant.
What is the point of attacking the "right wing factions" as you call them? DirecTV, while it is indeed a business, does not represent any
SCO should sue DirecTV next (Score:3, Insightful)
well, DTV has two units, the Tivo and the UTV, both of which run Linux.
so DTV is "pirating" SCOs software (cough).
bah to those who can't see the humor in the above, but at least it's nice to see them finally get under fire from someone.
I know many people who are legit smartcard developers, some for RSA, some for microsoft, etc, who all get letters from DTV about lawsuits. What the hell is this all about?
Heck, there's a guy in town running a photocopy center (you know the kind) using smartcard technology who's getting sued.... Uhm... what the hell?
btw dtv has lost a few of the suits lately, seems some of the judges are starting to get pissed off about their antics.
Re:SCO should sue DirecTV next (Score:2)
Hopefully not. While I certainly do not support DTV in any way, their lawsuits should be tossed out because they are not legally sound. They should not be tossed out because of "antics."
Re:SCO should sue DirecTV next (Score:2)
-dB
Intercepting Satellite Signals (Score:5, Interesting)
Need to make litigation more expensive... (Score:2)
Now, if we were in an English-style, "loser pays", system then we would be able to fight this, win, and stick the bill to DirectTV. You can bet that i
DoD Smart Cards (Score:2, Informative)
Re:Oh, come on (Score:5, Interesting)
and there is a huge market for pirate video's too (as hilary rosen so vociferously predicted), should they have been made illegal too?
yes, there are alot of people who do use the cards to pirate signal, but there are also quite a few people who have legitimate uses for them and for drecttv to blanket sue *anyone* who has one is just plain wrong imho.
besides, there is a certain logic to say that the consumers are being sprayed with encrypted signal, why should someone else have a say in what they can do with the EM waves in their own property? if they can break the crypto, then perhaps directv should try making the technology better. after all, the consumers are passively receiving the signal, it's not like they are tapping into a private line.
dave
Re:Oh, come on (Score:2)
shame that there isn't anything else I could pick up on it (or am I wrong?)
dave
Re:Oh, come on (Score:5, Informative)
Here in Spain, pirate smartcards were rampant until the main dish company changed the technology (changing their smartcards) and killed the market.
The same thing happened in France...
Werwerf
There was a
Re:Oh, come on (Score:4, Interesting)
Re:Oh, come on (Score:4, Interesting)
you're missing my logic. yes, I do think it's an invasion of privacy to listen to someone elses phone calls, but I also think the onus is on the phone companies to make the encryption of cellphone calls strong enough that people can't listen in.
and no, I don't buy the story that the authorities need the crypto to be weak so that they can listen to crims plan their next crime, cell phone conversations are only encrypted when over the air, they travel along the wires (ie from cellbase to the cell companies switches) in plaintext form and if the authorities have a warrant then they can listen there.
I'm a proponent of crypto, everyone should have access to it and it shouldn't be artifically weakened, if the authorities want to break it, then they should break it or find the guy who crypted it and ask for the keys. artificially weakening crypto will only hurt in the long run I think.
so frankly I think it should not be illegal for someone to try and crack the crypto on the mobile phone waves going over their property, but I also think that the phone co should have an obligation to make sure that the crypto for their phones is kept uptodate and that no-one cal break into it.
thoughts and comments?
dave
We don't live in a Utopian society... (Score:4, Insightful)
In a sense, the thieves are costing us time and money wether or not they are successful.
The same applies to encryption or cable, satellite, wireless, wired, whatever. If the companies didn't have to spend all the money in development and licensing of encryption technology, the end users could benefit financially. Hey, if they merely split the difference, consumers and the companies could both be better off financially.
So, we don't live in a Utopia - but I find it hard to blame the companies if someone is illegally unencrypting their signals.
That said, if there are non-infringing uses for a technology, I also find it hard to accept a total crackdown on that technology instead of the people who are actually using it to violate the law.
Kind of like how the MPAA would love to see mp3s just disappear and, in fact, how some ISPs prohibit mp3s on your personal websites. Or how bots can find the words "pac" and "man" embedded in a filename and send off a cease and decist letter.
The whole point of my rambling is that I hate thieves (mainly of physical property, but others too) because they make life difficult for EVERYONE, not just the companies they are attacking. At the very least, think of this - you are paying for the hardware and licensing fees to unscramble the content on the DVDS in every DVD player you buy. When you buy a DVD you are also paying for the technology to scramble it. Kind of sucks, doesn't it?
When you get satellite TV, you are paying for the technology to scramble and unscramble it, too, and for the hardware to do it, and for the periodic updates to thwart thieves. If you are an honest, paying customer, you get screwed the worst (which reminds me of copy protection on software, too).
Re:We don't live in a Utopian society... (Score:4, Interesting)
yes, I know we're not living in utopia and indeed I have both locks and alarms on my car and home, more's the pity.
I don't know, I think that there is much to be said for companies making sure they do things properly rather than do it half heartedly and then use the law to go the rest of the way. if they did it properly to begin with then there would be very few lawsuits as very few people would be capable of committing the crime in the first place.
directv's business plan involves spraying EM radiation across everyone in america, you get that radiation whether you are a customer or not. cable companies only send their signals to people who are paid up customers to some level. a cable co can, theoretically, only send the tv stations to each customer that the person is listed at head office as having paid for (I admit, I really don't know all the tech involved) but a satellite company can't do that so easily. thats a given fact thats known beforehand and must be taken into consideration. they obviously have done so when the decided to encrypt the signal, but if they're going to do so then they should do it properly instead of doing it badly and then bleating about it afterwards. it's like adobe complainging that someone broke their rot13 encryption and having someone arrested for it, ffs, they put it out there in the first place in that bad state and then they expect someone else to take responsibility for it.
yes, it costs money to develop all this, but that should be known beforehand and written into their plan. it's like companies who produce drugs, it would be alot cheaper for all concerned if they didn't have to go through all that silly fda testing before they hit the market, yet they do and thats known about beforehand. not everything should be produced at lowest cost, sometimes you have to pay extra to get a better product.
with a satellite company there will likely be people getting the signal who don't even live in the states (I guess that the signal overlaps into canada and mexico?). it seems to me that if you're publically broadcasting data at such a wide scale, you've got to expect that people will have a play with it.
going out of your way to evesdrop on someone is one thing but if you're sitting in your home, not constrained by any licences you've signed (as you might not be a customer of directv) etc, then why is decrypting some signals that come *to you* illegal?
who knows how much IP of aliens we've ignored by recording all that stuff at arecibo for example
talking about dvd's. the licencing costs for them are hideous, I think they are in the league of 70% of the retail cost goes to the dvd consortium in licencing money, however, I think most of the cost of that has nothing to do with pirates, and everything to do with wanting to control the market and squeeze some more cash out of the consumers. look at the infamous divx? (the dvd-like "expiring movie" concept, not the video file). I don't think that had any copy protection in it, it was purely based around selling someone a film and then restricting how they watch it (in this case, number of times).
why should I not be able to buy dvd's in america and watch them here. yes, I know I'm preaching to the converted here, and I know that I can (and have) had my player hacked to be multiregion, but why should I have to do these things? thats not about piracy, it's about control and I, like many here, don't like it.
I do find it very difficult to accept the idea of banning technology though, it's a short term measure at best, you can't stop the progress of humanity. banning the tech won't get rid of it, just make it harder to find. necessity is the mother of invention and if you force people to kake their technology hard to find, then they will find new and interesting ways of making it hard to find. if you force the companies to find new
Re:We don't live in a Utopian society... (Score:2)
I also beleive that most people are generally honest. I used napster (and later, audiogalaxy) at university, along with thousands of others, and I probabaly bought more cd's because of it. it introduced me to lots of new
Re:We don't live in a Utopian society... (Score:2)
There is nothing wrong with technical solutions. The problem occurs when you back technical solutions with draconian laws. Content producers want DRM everything and built excruciatingly limited hardware, let them. In a free market, unencumbered by legal restrictions on circumvention, it will die a rapid, and not unwelcome death. DIVX (the pay per watch movie scheme) might still be with us is all
Radio Waves (Score:3, Informative)
Strange law, yes, pretty reasonable? I think so.
Re:Radio Waves (Score:2)
I think it's reasonable, yes, but not at all strange.
What's strange is the notion that it's illegal to listen to signals being broadcast through your property without your leave in many jurisdictions. What's strange is the notion that, in many jurisdictions, it is a crime to do math in many contexts, as for instance decrypting a signal that was broadcast through your property without your leave.
The satellite companies like to pretend they couldn't survive without these laws, but that's nonsense. They ar
Re:Oh, come on (Score:2)
actually, no. as long as your not circumventing any decryption.
This was huge issue years ago, people would by a dish, point it at the sky and get signales.
*note I am addressing the legal side not any 'wrongness'.
Re:Oh, come on (Score:2)
You mean Jack Valenti, right? That old "Boston Strangler" argument against home video-taping?
Re:Oh, come on (Score:2)
one man's crisis is another man's opportunity and too many companies don't seem to aprreciate that.
dave
PS. "the chinese have a word that means both crisis and opportunity" "yes!!, crisa-tunity!"
Re:Oh, come on (Score:5, Insightful)
I know you're being sarcastic, but why not consider it. they are broadcasting information, why shouldn't someone else listen. they don't have to break in or taps lines or lay bugs, all they are doing is sitting nearby. if two people are talking at normal volume in the library, are other ppl commiting crimes listening to them?
if ibm want to keep their info private then they should make sure it's encrypted to that others can't make any sense of the transmissions. thats alot more effective than trying to sue the listeners.
not that this idea is perfect, as it makes parabolic and laser mikes alot more acceptable, which I don't like. but I still think that if something is broadcast towards you, then you should not be made a criminal just by listening to it.
dave
Re:Oh, come on (Score:3, Insightful)
Re:Oh, come on (Score:3, Insightful)
well, yes and no. I mean I'd still think it's wrong for someone to break into ibm to be within their WAP's, but of course thats trespassing anyway.
thing is that intent is difficult to prove. I suppose if you were caught in your car outside ibm redhand
Re:Oh, come on (Score:2)
Shortwave radios were ban
Re:Oh, come on (Score:2)
Yep, great isn't it.
If someone sends you a signal, it shouldn't be illegal to listen to it. If you don't want someone else to "intercept" (now there's a strange use, how can you intercept a signal that is being broadcast to you?) a signal, then DON'T broadcast it. Simple no?
Back in the day, when things were just a wee bit more sensible people understood that. Analog radio and te
Re:Oh, come on (Score:2)
dave
Re:Oh, come on (Score:5, Informative)
DirectTV Defense [directvdefense.org]
And just in case you don't read the article here is a little quote:
I hope this cleared things up.
Re:Oh, come on (Score:2)
No. Intercepting ANY signal is totally legal. Once something is broadcast, it is legally interceptable as the airways are public and no one controls their signal once it is out of the antenna. What is illegal is decoding the signal using illegitimate cards.
A nit, yes, but nits need to be picked lest they grow into full-blown flies.
Re:Oh, come on (Score:2)
Re:Oh, come on (Score:5, Insightful)
Just a thought: Become good with Photoshop, you can make a living (or at least augment it, career dependent of course) with it. In a case like that, Adobe wins.
Part of me suspects that's why Adobe's not terribly aggressive about locking up their software. I've got Photoshop, Premiere, and After Effects and none of them are dongle or registration code laden. Just serial #.
Hmm I'm off topic, but that's an aspect of 'piracy' that never seems to come up. Then again, it's an unusual case.
Re:Oh, come on (Score:2)
Exactly, something tells me Adobe doesn't really care that much about how pirated photoshop and premiere are. Because when they're used in companies, the company will gladly pay them for the software, and by letting it be pirated, its free for them to get people hooked on it early. Same thing with M$. By pirating windows, you are locking yourse
Re:Oh, come on (Score:2)
The big difference you are missing is that Adobe makes its money when the people who download their software go to big companies who won't take the legal risk of it and therefore pay. There is nothing like that with mp3s or DivX movies.
Re:Oh, come on (Score:2)
I think the argument was that Adobe didn't really care. And that may well have merit. They could if they wanted to, and would clearly (this time) be within their rights. But perhaps they really don't care.
OTOH, I can't see why anyone would want to use any of their products. For any purpose. I've always been able to find an alternative that is both better and cheaper.
Re:Oh, come on (Score:5, Insightful)
FWIW, it might be worth exploring the permissible uses before calling everyone thieves.
I recall seeing a mainboard with a pack-in feature that was a 'smart-card reader'. It didn't look like any type of flash-card slot I recognised-- perhaps those cards can be used for system-locking or login, or to store small amounts of valuable data (encryption keys?) in a conveinent formfactor.
I love how the answer is litigation though. Didn't Directv used to have a pretty respectable record for attacking this problem with TECHNICAL measures?
Technical approaches are the only sensible way to approach this sort of problem. You may be able to sue Craig and Amy Signal-Stealer, but will you find the 500,000 others doing the same?
Final Thought: If you want to ensure the distribution is controlled, stick to distribution that can be managed all the way to the set. (I'm thinking something like cable, but where they will actively pull up the wires from nonsubscribers)
Re:Oh, come on (Score:5, Insightful)
Regardless of the "intended" market for card readers/writers, there are non-illegal uses for them. Do you blame non-DTV-hackers for buying a $50 T911 instead of a $500 card reader development kit? (yes, there are cheaper "non-hacker" card readers now, but there weren't a year ago; I looked for one)
They only sent letters to people who bought the readers that had been modified to write to directv's cards by circumventing their security measures. The readers were explicitly advertised for this use only.
Incorrect. They sell smartcard readers with un-programmed microcontrollers. Until you "flash the atmel", it's just a blank microcontroller connected to a DB9 and a SC slot. None of the units they sell are shipped "modified to write to directv's cards". They are a blank slate. Until you flash the microcontroller they do EXACTLY NOTHING. You can argue "intent", and "everyone knows..." all you want, but try winning a court case by saying "most people buy these for defrauding DTV". The charge is easily beaten by saying "I don't. I use them for (whatever)". The problem is that it takes many expen$ive lawyer-hours to get to that point, and DTV knows it. They're swatting flies with a 4X8 sheet of plywood here, and it's despicable.
Re:Oh, come on (Score:2)
Then, suddenly they are forced with several m
Wrong Discussion, Bozo (Score:5, Insightful)
The issue here is that DirecTV seems to be hassling people who have the ability to steal programming, whether they actually are or not. Which is, I think you'll agree, pretty scary.
Re:Wrong Discussion, Bozo (Score:3, Interesting)
>DirecTV seems to be hassling people who have the ability to steal programming
Have or had. Let's say I sold my programmer at a garage sale. Now, how do I go about proving that?
Re:Wrong Discussion, Bozo (Score:2)
Re:Oh, come on (Score:5, Insightful)
These cases have been documented and there have been articles about them on
> half the population of Scotland
A nation the English have treated very well in the last few centuries. No wonder they weren't paying for overpriced satellite services. People with a lower median income than their neighbours will naturally not be as willing to pay as often for disposable entertainment. Blame that for the collapse of ITV rather than the piracy itself. It's not like most of those people would have actually paid for the service even if the piracy weren't relatively easy.
That's the mistake of the content industry--they blame every problem on piracy. Instead of blaming $18 CD prices in a downturned economy for the decline in CD sales, they blame digital piracy. Instead of blaming $8.50 movie tickets and $5.00 drinks in a down economy for less-than-expected box office results, they blame piracy. Why not, it's easy, and it helps them eliminate a foe. But it's far from accurate.
Yet when a company starts extorting "settlement" money and equipment from people under the threat of expensive lawsuits, for buying equipment which has any number of geeky-goodness uses unrelated to DirecTV, that's unacceptable. I'm perfectly happy with my digital cable TV service, and yet I'm tempted to buy an "unlooper" and some legitimate smartcard equipment to play with just so I can get that letter from DirecTV. I have a feeling that this will end with DirecTV losing a class-action lawsuit brought by those wrongfully accused and extorted.
It is just unacceptably for a company to do what DirecTV is doing, or to do what the RIAA is doing by sending out DMCA letters based on strings within filenames, etc. Any time you condemn the innocent with the guilty, it is not justice, and it *cannot* be tolerated in our society.
Please, try not to put your foot in your mouth... (Score:5, Informative)
A nation the English have treated very well in the last few centuries. No wonder they weren't paying for overpriced satellite services. People with a lower median income than their neighbours will naturally not be as willing to pay as often for disposable entertainment. Blame that for the collapse of ITV rather than the piracy itself. It's not like most of those people would have actually paid for the service even if the piracy weren't relatively easy.
Jeez, where do I start? Where are you getting your in-depth knowledge of the relationship between Scotland and England from? Braveheart and Rob Roy? Have you even been to Britain?
"Lower median income than their neighbours"? Do you have any idea about how affluent cities like Glasgow and Edinburgh are compared to their counterparts in the north of England, say Newcastle, Sunderland and Carlisle? Have you even heard of Carlisle?
Anyone reading your post is left with the impression that the relationship between Scotland and England is like the relationship between Israel and the West Bank/Gaza Strip. The fact is, apart from a few minor differences, most of which favour the average Scotsman rather than the average Englishman (such as university education funding, legal procedures and house buying - all superior in Scotland) there are few differences between living in England and living in Scotland.
Next time, before you open your mouth about other cultures and societies, please have a clue about what you're talking about. It might help you come across as intelligent rather than stupid.
Re:Read what Congress says... (Score:2)
Re:Read what Congress says... (Score:2)
Re:Read what Congress says... (Score:2)
sounds like they went after the people that sold them, not the people that make them. I could be wrong, their own website does make mention of "civil and criminal actions brought by DIRECTV against those who illegally design, manufactu
Re:Oh, come on (Score:3, Insightful)
Do you realise that you're advocating making technology illegal? How do you propose to decide who is and is not allowed access to smart card programmers? Corporate policing of tools and knowledge is a terrifying prospect.
I mention this because I have a box full of probes, logic analysers and ICE systems at home that I've aquired over many years while working for tech companies. So, that makes me safe right? Well, wrong. If I buy a piece of hardware while working for Path-E-Tech, how does that stop Om
No offense.. (Score:4, Insightful)
My Soyo Dragon Plus motherboard came with a Smartcard reader.
You're insisting that I must be pirating DirectTV because I bought a high-quality motherboard that came with a metric arseload of extras bundled in?
Informative? Your post is a troll, nothing more, nothing less.
Re:Oh, come on (Score:2)
As somebody else on /. already pointed out, DirecTV suing everyone who bought smart card equipment who might be using the to