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17 Charged With Hacking Into Satellite TV; violation of the Digital Millennium Copyright Act...
Associated Press ^

Posted on 02/12/2003 12:23:33 PM PST by RCW2001

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To: Hodar
From Dish Network's Residential Agreement. You MUST agree with this agreement in order to receive a smart card.

In order to receive the Services it will be necessary for you to purchase or lease certain reception equipment consisting primarily of a DISH Network compatible satellite receiver, a satellite antenna, LNBF unit and remote control ("Equipment"). You will also be provided with a conditional access card (“Smart Card”) that is inserted into your satellite receiver. The Smart Card remains the property of EchoStar Communications Corporation, the corporate parent of DISH Network and any tampering or other unauthorized modification to the Smart Card is strictly prohibited and may result in, and subject you to, legal action. You agree to return the Smart Card to us upon request.

Smart Cards are nontransferable. Your Smart Card will only work in the DISH Network receiver to which it was assigned by DISH Network. If you report to the Customer Service Center that your Smart Card was lost, damaged, defective or stolen we will replace it, as long as there is no evidence of unauthorized tampering or modification. A replacement fee will apply. In addition, in order to minimize downtime for your Equipment, DISH Network will, upon your request, deliver a replacement Smart Card to you via overnight delivery. Our Overnight Delivery Fee will apply.

DISH Network reserves the right to alter the software in your DISH Network receiver through periodic updates. DISH Network will use commercially reasonable efforts to schedule the updates in a manner that result in the least amount of interference with or interruption to your Service.

Your DISH Network receiver contains certain components and software which are proprietary to DISH Network. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within your receiver or our Smart Card. Such actions are strictly prohibited and may result in the termination of your Services and/or legal action.

41 posted on 02/12/2003 1:35:02 PM PST by RoughDobermann
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To: SLB; Wally Cleaver; Lion Den Dan
Most live in California, although some are from Kentucky, North Carolina, Texas, Indiana, Florida and Ohio.

I've heard some rumors that this stuff was close to home. I believe it made the local papers but I don't read them.

42 posted on 02/12/2003 1:35:02 PM PST by Fred Mertz
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To: ShadowAce
Differnt tack. Years ago with the large satelite dishes the broadcasters could NOT stop anyone from receiving the signals. The broadcasters wised up and began scrambling the signal and leasing the decoders. The land lord analogy does not work since it is a finite property. One person one appartment. A broadcaster has an inherit flaw in their system in that the send the signal to everone in the USA. (compare to cable which sends ONLY to paying customers)

The linchpin here is whether these 17 people infringed on any real copyrights. I don't believe you can copyright numbers. (why intel went to the word pentum from 486)

For most people the convienice factor makes paying for the service cheeper than going to the bother of geting a chip. The satelite service must have a serious flaw in their system, I wonder if this will affect profitability.
43 posted on 02/12/2003 1:35:06 PM PST by longtermmemmory
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To: Positive
What if I develop a signal that goes outside of, over, around or between the currently recognized "spectrum," is it mine or does it belong to the people of the USA?

If you infringe upon the FCC reserved bands, you have committed a crime. If your signal is out of the Public domain's spectrum, and it is not infringing upon other signals; then you would need to register it with the FCC and wait for them to decide whether they will permit you to use it. (National Security issues then crop up). If it's in the public domain's range, it's fair game.

44 posted on 02/12/2003 1:35:40 PM PST by Hodar
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To: Hodar
Absolutely ... once a signal enters my house it is MINE as far as I'm concerned. Who gave DirectTv permission to radiate my house with their signal. I believe it's a fair trade. If I'm smart enough to decode their signal that enters MY house ... I should not be a criminal for it.
45 posted on 02/12/2003 1:35:50 PM PST by clamper1797 (Please Do not Feed the Trolls)
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Comment #46 Removed by Moderator

To: IncPen
It's fair use under copyright laws at the very least (the principle which sustains this very forum) provided you're not reselling it or profiting from it.

I didn’t see it in the article but I’ll bet they were involved in some gimmick to make money from it. I bet they were selling an info pack or kit or something. 17 people can’t steal 14-something million dollars worth of services without doing something like that.

47 posted on 02/12/2003 1:36:17 PM PST by thatsnotnice
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To: All
I had a dream the other night that I could see all of the RF being broadcast around me, everything went dark and I began feeling suffocated! Someone 'splain that will ya?
48 posted on 02/12/2003 1:39:05 PM PST by Registered
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To: RoughDobermann
These people ARE altering the software on the smart cards, which I don't believe they own.

WRONG

49 posted on 02/12/2003 1:40:40 PM PST by clamper1797 (Please Do not Feed the Trolls)
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To: RoughDobermann
You MUST agree with this agreement in order to receive a smart card.

Wrong!! The card is included when you buy the unit from Sams, Wal-Mart, Costco, Target or Bob's Appliance store. Quite a few people buy the cheap units to get a 'virgin' card, and throw away the hardware.

50 posted on 02/12/2003 1:41:35 PM PST by Hodar
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To: thatsnotnice
whats wrong with an infopack/kit?
51 posted on 02/12/2003 1:41:51 PM PST by Krafty123
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To: clamper1797
No, actually I'm correct. The following is from Dish Network's Residential Agreement:

The Smart Card remains the property of EchoStar Communications Corporation, the corporate parent of DISH Network and any tampering or other unauthorized modification to the Smart Card is strictly prohibited and may result in, and subject you to, legal action.

"Remains the property of EchoStar" means that you don't own it. Clear enough?

52 posted on 02/12/2003 1:44:55 PM PST by RoughDobermann
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To: RoughDobermann
I don't have Dish
53 posted on 02/12/2003 1:45:34 PM PST by clamper1797 (Please Do not Feed the Trolls)
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To: Hodar
Yes, it is included, but you DO NOT own the smart card.

The Smart Card remains the property of EchoStar Communications Corporation, the corporate parent of DISH Network and any tampering or other unauthorized modification to the Smart Card is strictly prohibited and may result in, and subject you to, legal action.

Also:

You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within your receiver or our Smart Card. Such actions are strictly prohibited and may result in the termination of your Services and/or legal action.

54 posted on 02/12/2003 1:47:01 PM PST by RoughDobermann
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To: Poohbah
A LOT of guilty consciences around here........
55 posted on 02/12/2003 1:48:45 PM PST by TomB
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To: RoughDobermann
Dish Network's Residential Agreement

That's IF you sign an agreement. Not only that but I could put ANY stipulation on something I sold. Like saying that the buyer has to run around a pine tree naked during the full moon three times a year. That still does NOT make it binding ... oh BTW I could build my own smart card ... does that make me a criminal ... BS

56 posted on 02/12/2003 1:48:58 PM PST by clamper1797 (Please Do not Feed the Trolls)
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To: RoughDobermann
Is that agreement still binding if I purchase one of these at a garage sale?
57 posted on 02/12/2003 1:50:19 PM PST by Registered
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To: clamper1797
So you have DirecTV? Here:

The Access Card will work only in the Receiving Equipment that it came with. Access Cards are nontransferable and will at all times remain the exclusive property of DIRECTV.

58 posted on 02/12/2003 1:51:01 PM PST by RoughDobermann
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To: RoughDobermann
I agree 100% with what you have said, however I disagree with the 'legality' of what is said. Go to Wal-Mart and pick up a unit, walk to the checkout with it, and pay for it. Were you ever warned about the smart card not belonging to you? Or that messing with it is a crime? I can't speak for everyone in the USA, but I think the overwhelming majority don't find this out until they have paid for it, and are at home assembling the equipment. To me, that's a bogus legal contract. It's similar to saying "Congratulations on your new refrigerator. However, if you don't buy 'Wonder Bread', you will go to jail.

If, however, you bought your equipment, then signed a release for the card; I would be in total harmony with the legality.

59 posted on 02/12/2003 1:51:29 PM PST by Hodar
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To: RoughDobermann
oh, also, when a customer de-activates their equipment, does DISH ask for their card back?
60 posted on 02/12/2003 1:51:30 PM PST by Registered
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