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DirecTV changes Smart Card Stance







DirecTV changes Smart Card Stance

DirecTV changes Smart Card Stance 06/15/2004 03:44 AM

DirecTV will no longer prosecute people who simply own smart card devices. This comes as major change after an significant number of people have had money extorted from them by DirecTV for simply owning Smart Card devices. They have not stated the exact criteria they will use to go after people pirating there service with the devices. [EFF]




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It only took a few years of pressure, but DirecTV is backing down from their policy of extortion when it comes to anyone who has bought a smart card reader. The situation, in case you hadn't followed the case, was that DirecTV got access to the sales lists of some companies that sold smart card readers - which can be used to create cards for illegally accessing satellite TV. Of course, there are other, perfectly legitimate, reasons why someone might want a smartcard reader as well - but DirecTV didn't really care. Instead, they sent out threatening letters, demand ing $3,500 or filing a lawsuit, where you would need to prove your innocence, rather than have DirecTV show you had actually done something illegal. Last year, the EFF got involved in the case, and it appears they've convinced DirecTV to back off. They say they will "no longer sue or threaten to sue people merely for possessing smart card devices." They'll also make it easier for anyone they contact to prove their innocence prior to the case going to court. Of course, this doesn't solve the legal problems of many who have been hounded over the past few years by DirecTV.

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DirecTV Reins in the Legal Attack Dogs

In one of the uglier "intellectual property" abuses, DirecTV has been suing people for possession of tools it claims can be used to get TV shows without paying for them. The Electronic Frontier Foundation and Stanford Law School's Center for Internet and Society have challenged the satellite TV company on this conduct, and on Monday DirecTV agreed to modify its approach, according to this press release, which says in part:

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.”

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. EFF and CIS will monitor reports of this process to confirm that innocent device purchasers are having their cases dismissed.

Perhaps DirecTV saw some writing on the wall. On Tuesday, a federal appeals court has ruled that the company can't sue solely because someone possesses such equipment.
These are the kinds of stories that make me sometimes wish I lived in America. Good job EFF and Stanford Law School.


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In one of the uglier "intellectual property" abuses, DirecTV has been suing people for possession of tools it claims can be used to get TV shows without paying for them. The Electronic Frontier Foundation and Stanford Law School's Center for Internet and Society have challenged the satellite TV company on this conduct, and on Monday DirecTV agreed to modify its approach, according to this press release, which says in part:

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.” 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. EFF and CIS will monitor reports of this process to confirm that innocent device purchasers are having their cases dismissed.
Perhaps DirecTV saw some writing on the wall. On Tuesday, a federal appeals court has ruled that the company can't sue solely because someone possesses such equipment.


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DirecTV changes Smart Card Stance

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