Hacking implies modification. If I hack code, I change it. These people have not changed the signal, nor interfered with it. They just altered the way THEIR property handles it.
IMHO, if the satelite companies would LEASE, RENT, or manage the smart cards; this wouldn't be a problem. They have instead sold cards with units, and have made absolutely NO ATTEMPT to recover the cards from people who close their satelite accounts. Thereby inviting a community of 'Testers' to play with the systems. If I leave the keys in my car, I can be fined for 'inviting' the felonous car theft. The same faults lie here.
You can? Where do you live?
As I understand it, Dish and DirecTV RF signals have a nationwide footprint and can be received by any receiver on those freqs. I don't beleive that they are arguing that people can't/shouldn't be able to receive those signals, but that the software running on the smart cards should not be modified to allow non-subscribers access to the resulting audio and video. These people ARE altering the software on the smart cards, which I don't believe they own. I think that when when you PURCHASE a system, you are only paying for the receiver and the physical dish, not the smart card. Your monthly charges are for programming which is enabled through your smart card. So, in a way, you are renting the smart card. I think I remember reading this on Dish's service agreement. I'll try to dig it up. FYI, you might want to go to www.dbstalk.com. Those guys are in the know...
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.