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Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
eff, piracy, privacy, satellite tv, subpoenas

Companies:
directv, echostar, freetech



Court Tells Echostar It Doesn't Get Access To Customer Lists Of Satellite Receiver Company

from the chalk-one-up-for-privacy dept

Recently, we wrote about how satellite TV provider Echostar had been sending out subpoenas demanding customer lists from resellers who had sold satellite receivers made by a company named Freetech. Freetech's satellite receivers can be used to receive perfectly legal over-the-air satellite TV signals. Echostar's complaint was that many also used Freetech's receivers to pirate its own DishTV offering. However, that doesn't give Echostar the right to then demand the contact info on everyone who ever bought a Freetech receiver, as many could be using them for perfectly legal purposes. And, historically, with DirecTV, we've seen a similar situation where the DirecTV forced plenty of totally innocent smart card device buyers to pay up by threatening them with lawsuits over pirated satellite TV.

Luckily, it looks like the EFF helped convince the judge that Echostar was out of line, and the judge has said that the buyers' privacy trumps Echostar's right to the info. As the EFF notes, this is a big ruling, in that it's "the first time a federal court has explicitly rejected a third-party subpoena on the basis of the privacy interests of nonparty consumers." Chalk one up for the right to privacy.

5 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
customers, piracy, privacy, satellite receivers, satellite tv

Companies:
directv, echostar



Echostar Trying To Get Info On Innocent Customers Of Satellite TV Receivers

from the this-again? dept

You may recall a few years back, prior to the RIAA embracing the concept of "pre-litigation letters," that DirecTV was a huge proponent of using them. The company had sued some companies that sold smart card readers -- which could be used for a variety of purposes, only one of which was potentially unauthorized access of satellite TV signals. However, DirecTV was still given access to those company's full customer lists, and proceeded to send most of them one of those pre-litigation letters, demanding $3,500 or saying that a lawsuit would be filed. Of course, plenty of buyers had perfectly legitimate reasons for purchasing a smart card reader that had nothing at all to do with pirating satellite TV. But, no matter, pay up or go to court. And, in fact, many people just paid up.

Eventually, a court finally told DirecTV to knock it off.

However, it appears that DirecTV's main competitors, Echostar never got the message. The EFF is pointing out that Echostar is trying to gain access to the customer lists of a bunch of sellers of a satellite receiver even if there's no evidence that the individual buyers used the satellite receivers to pirate Echostar's DISH Network satellite TV service.

10 Comments | Leave a Comment..

 
Rumors, Conspiracies, etc.

Rumors, Conspiracies, etc.

by Mike Masnick


Filed Under:
antitrust, mergers, satellite tv

Companies:
directv, dish network



Dish And DirecTV Figure If XM And Sirius Can Merge...

from the try-try-again dept

You may remember back in 2001 that EchoStar, then owners of the DISH Network, tried to buy DirecTV from then owner Hughes (who was owned by GM at the time). However, after the Justice Department said no to the deal over antitrust concerns, it fell apart. However, the rumors going around are that the two companies (now just DISH Network and DirecTV, sans various parent companies) are thinking about trying again. Apparently, they believe that the regulatory and competitive environment that doomed round 1 wouldn't happen in round 2. And, of course, this time around, they can point to the fact that the two satellite radio systems, XM and Sirius, were allowed to merge (even if it took a year and a half).

13 Comments | Leave a Comment..

 
Scams

Scams

by Mike Masnick


Filed Under:
competition, hacking, satellite tv

Companies:
directv, dish, echostar, news corp



Did DirecTV Hire Satellite Hackers To Leak Dish TV Smart Cards?

from the seems-a-bit-extreme dept

I had missed this story when it came out last week, but thanks to a reader (who prefers to remain anonymous) for sending it in. Apparently, Dish Network is suing DirecTV, claiming that DirecTV (and its parent News Corp) hired notorious satellite TV hackers to break Dish's encryption and "flood the market" with hacked smart cards. That's quite a claim, and it will be interesting to see what evidence the company has to back it up. After all, reverse engineering a product is perfectly legal -- and, indeed, DirecTV claims that's all it did. Furthermore, it seems doubly strange that DirecTV would go down this route after so thoroughly pissing off smart card hackers of all kinds a few years ago by accusing them all of stealing DirecTV signals with almost no evidence, and then pushing many to pay up to avoid a lawsuit. It's also hard to see what the real benefit to DirecTV is of such a plan. Making it easier to get Dish for free shouldn't increase DirecTV's market at all. One would hope that Dish actually has some serious evidence to go along with these claims.

21 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
dvrs, hollywood, pay per view, time shifting

Companies:
directv



DirecTV DVR Will Delete Pay-Per-View Shows

from the record-at-your-own-risk dept

First we had ABC thinking that not allowing people to fast forward through commercials on a DVR-type product was a good idea, and now comes the news that DirecTV will automatically delete Pay-Per-View shows you record with your DVR after 24-hours. This is apparently at the request of the major Hollywood studios who have decided that the best way to build up an audience is to piss them off by not allowing them to record the movies that they legally paid for via PPV, and then chose to record and time shift. Time shifting is perfectly legal, so there's absolutely no legal reason for DirecTV to ban the practice. As for the Hollywood studios, this is more backwards thinking. One of these days, someone in Hollywood is going to realize that pissing off your loyal customers isn't a good idea.

151 Comments | Leave a Comment..

 
Deals

Deals

by Mike Masnick


Filed Under:
dvr

Companies:
directv, replaytv



DirecTV Buys What's Left Of ReplayTV

from the thanks-for-the-time-shifted-memories dept

DirecTV has had something of a love-hate affair with TiVo for years, so the company must be happy that it's been able to pick up the remains of ReplayTV. Remember that ReplayTV actually pre-dated TiVo in the DVR scene -- and the two were direct competitors for a while. ReplayTV was a favorite among many in the techset for not giving in to the entertainment industry (as TiVo did). That meant that ReplayTV actually allowed features like commercial skipping and sharing recordings with other ReplayTV users. Unfortunately for ReplayTV this also meant a series of bank account-draining lawsuits forcing the company into bankruptcy followed by a firesale to consumer electronics firm D&M Holdings. Not much was heard from ReplayTV for a while. The company decided to drop the hardware habit and focus just on software -- but apparently it wasn't doing much for D&M Holdings. It's unclear what DirecTV is planning to do with what's left of ReplayTV, but the immediate speculation is that it's really just buying a patent portfolio at this point. It's a rather sad end for what had been an innovative and consumer-friendly company.

14 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
cable cards, extortion, smart cards

Companies:
directv



Appeals Court Says That Just Buying A Smart Card Reader Doesn't Mean You Pirated DirecTV Signals

from the well-that's-good dept

While we often talk about the extortion-like tactics of the RIAA in going after file sharers, people sometimes forget that it was DirecTV that really pioneered this practice on the corporate level. Well before the RIAA started suing music fans, DirecTV sued a company that had been selling a device that would let people hack smart cards, and as part of the suit, DirecTV ended up with the company's customer list. They then set out to sue most of the folks on that list, without any evidence that those customers actually used the equipment to make smart cards for unauthorized access to DirecTV signals. The lawsuits snagged innocent folks who had plenty of legitimate reasons for wanting to program smart cards -- but DirecTV found the process so profitable that it pushed its "anti-piracy" team to do many questionable things in trying to convince people to settle -- even if they were completely innocent. Eventually, the company was accused of extortion and was told to stop threatening people if it didn't have any evidence.

However, there were still some people who were found guilty of unauthorized access, even though DirecTV's only evidence was that they had purchased these smart card devices. Reader jedipunk lets us know that an Appeals Court has now tossed out one such decision, noting that simply possessing the device is not evidence of unauthorized access. The court notes that the defendants can still be found guilty if there's proof that they were accessing DirecTV signals with unauthorized equipment -- but simply possessing the smart card hacking device is not illegal and is not proof that they were doing anything illegal with it. Slowly, but surely, it appears that judges are picking up the details on some of these tech cases.

12 Comments | Leave a Comment..

 
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