Direct TV legal ?

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Thegridiron

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A buddy of mine purchased a loader over the internet about a year ago and has been using it to get out of town sporting events, he received a letter from Direct TV saying that they had taken over the site that he purchased the loader from. The letter went on to say that if he sent direct tv the loader, signed a letter saying that he would not purchase another one and paid a lump sum to them they would not pursue the case in court. Anyone have any ideas on what he should do?
 

KMA

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Delete his Extreme Hu or whatever program he uses to write the hex or clone the bins to the cards. Delete all programing such as his unlooping and cleaning programs. Make sure the computer is totally cleaned of anything to do with "fixing" cards. Unplug the USB cable and lay the "loader", as "you" have called it on the back of his desk and deny, deny, deny!!! Tell them to "come get it, he thought it was a video camera photo card "reader". Laugh if you want, it's worked before.

I won't tell you that they aren't serious, they MIGHT be, but they are about as serious as the people going after illegal music downloaders. IF they are serious the fines can be HUGE.

Okay, all devices sold in the US and Canada are traceable. Everyone from the latest company in Canada was contacted and warned. He can get an "untraceable" device from Australia though. They've sold them for about four years and no one has been busted using them. Or so I'm told.
 

THE KOD

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Nov 16, 2001
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I have DirectTV and I pay for it.

They just sent me new cards that I had to download. They
seem to know what is going on and have ways to trace things now.

They are going after people that arn't paying. I would have
to say they are serious.

I don't think I would admit to anything.

Worst that could happen is a sheriff with a one of them
writs of habeous corpus cacti .

KOD
 
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Wilson

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Yep...DTV is dead serious. They have sued 13K people to date. Tell your friend if he got the letter he has a few choices:

1. pay the 3500 bucks and admit nothing.
2. Ignore the letters and end up with a summons, in which can take a chance and represent himself. (DTV has not won a case)
3. Retain an attorney and fight them. He will probably win, but will have to fork out bucks for attorney. Plus the aggravation of the depositions and discovery phases.
4. Ignore the letters and hope that they don't ever file a civil suit...is 3500 worth the worries?
 
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Wilson

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They lost in Michigan and Texas. Karpinsky and another I forget. Bottomline, they will usually drop it before trial...but, not until you pay out the nose in legal fees.
 

jmizeus

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boy this is not good. i heard this a week ago. my problem is i bought mine from my credit card. think im screwed:(
 
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CryBoy

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This sh_t's been going for a while now. True cases in Austin, Texas. Folks were frightenend and settled out of court (~ $3500 in each case).

Mize, question is where did you buy yours. Few places in Canada destroy their records after the transaction. Most or all American places have had their computers confiscated. If you bought your equipment from the good ol' U.S. of A., then just cross your fingers and hope for DAVE to lose a few more cases in court.

F_ck man! I would just argue that I never got the equipment. UPS never dilivered it. :) Delete all Extreme programs. Get rid of the card and receiver. How the hell can they prove that you even used the modified card? Is this like buying drugs now? I bought it, didn't use it, but can still be punished?

Where are MJ's lawyers?
 
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CryBoy

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Got this from another site...

Got this from another site...

This was posted by a friend of mine on a different site
Dated nov.20/03

You guys need to give this some thought. The first big raid where DTV began sending out letter occured in june of 2001. According to DTV press releases 100,000 letters were sent out. The statute of limitations on expired june of this year. (thats why several thousand suits were filed in May, DTV even admitted in the press that they had to file because of the statute of limitations) Anyone who was sent a letter from the first batch (products bought from white viper, vector technologies and a few others) is effectively off the hook. A lawyer friend of mine who has handled several cases told me they are still persuing end users even thought a suit would be dismissed once the SOL was brought to the judges attention. translation: they ain't gonna sue people in that group because they would lose! They will however play on the ignorance of the uninformed.
Next thought:
since the first major raid (june 01) about 11,000 suits have been filed(DTV website). 100,000 letter, 11,000 suits. 11% chance of being sued after getting 2 letters. not bad odds guys! NO ONE should EVER contact DTV or even a lawyer for that matter until a suit is actually filed! Odds are still heavily in your favor! statistics 101 says the cost of anything times the probability of it occuring is the true cost. ($3500x.11=$385) is the true cost of the activity. (this is true for traffic tickets as well) DTV knows that there are 2 ways to reduce theft(ie increase the cost): increase number of people caught or increase the fee for being caught. it is much cheaper for them to pick a high price than to step up efforts to deter theft(better system, more investigators ect) This is also the theory that has been used by municipalities for about 25 years in regards to traffic tickets. If you believe that lower speed results in less traffic accidents then there are 2 ways to get people to slow down: increase the probability of getting caught (more officers....expensive) or a high fine. this is why traffic tickets are viewed by most people as high....they are supposed to be viewed that way to slow you down!
back in 1999-2001 DTV used to settle with people for $500 and a year of service. pirating continued to increase so they were faced with a decision more investigation and better encyption or a higher fee. They opted (as the should have) for the higher fee. its cheaper!
Direct TV does not intend to sue all the people they send letters to, just enough to make you think the cost of pirating is too high. I would go a step further and say that DTV will keep from going to court as long a possible. Once they begin to go to court they are going to loose cases. people will see this and the "cost" of pirating will fall causing pirating to rise. It is in there best interest to stay out of court and keep up the spector of filing suits to scare people.
The solution to this problem is easy: don't do anything unless you sued. those unlucky FEW (11%) need to fight in court. DTV is not dumb, they will file against 2 types of people: people who cannot afford to fight and people who won't fight(don't answer summons and get default judgement)People in this catagory are the ones who really need to fight if you want this to stop! Its all about public relations... ie scaring you into not stealing the signal. My attorney friend told me that everyone he has made a phone call for has not been sued. He believes thay take people who are represented and place them in a different pile and file on a much samller percentage of people with council. once again, smart.
Remember though, he gets $600 to make a phone call and send a letter. He can do that before the suit is filed.......or after. there is no reason to spend the money unless you happen to be one of the FEW.
DTV is using and scare tactics and they are working judging by the number of people who have settled(10,000 according to class action suit). A little thinking will go along way to keeping yourself from being ripped off.
feel free to post this in any other message boards you deem appropriate! and don't do anything until you are sued!
 
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