DirecTV anti-piracy case thrown out, smart card programmers breath easier

It's no secret that DirecTV has been on the hunt for content thieves for what seems like ages, but it faced a serious setback recently when "the 9th Circuit Court of Appeals tossed out a default judgment against a pair of alleged DirecTV television pirates, saying an unauthorized decryption device law the company invoked against them does not apply." Apparently, the duo of defendants were brought to trial after they allegedly purchased a smart card programmer and used it for less than legal purposes (like "repairing pirate access cards disabled by DirecTV countermeasures"). But reportedly, the satellite provider has been going after folks who purchase these things, assuming that their intentions must be ill. Still, the pair in question may face lesser chargers if they did indeed break other laws, but at least individuals who like to tinker with smart card programmers can (hopefully) go about their day without worrying over the carrier breathing down their neck. [Warning: PDF read link]

[Image courtesy of CBP]

[Drew Hatfield @ Sep 12th 2007 7:47PM]

Shouldn't it be "programmers breathE easier"? Sorry, I'm just OCD about spelling and grammar.

[akijikan @ Sep 12th 2007 7:51PM]

You mean you're an ass.

[Sandy @ Sep 13th 2007 4:39AM]

I'm with you on this. Maybe the e is missing to counterbalance the extra r in "lesser chargers".

[jonathan @ Sep 12th 2007 8:10PM]

ha ha you said ass

[Simon @ Sep 12th 2007 8:13PM]

ha ha so did you

[Jonathan Keim @ Sep 12th 2007 8:53PM]

lol

[Azsori @ Sep 12th 2007 8:24PM]

I received a threatening letter from good ol' DAVE for buying a smart card programmer, and I promptly threw it (letter) away. Fucking Paypal caving into pressure from DirectTV...needless to say they never followed through with it. Fuck DirectTV. It is like saying since I bought a DVD burner I must be using it to copy dvd's....

Oh, and I was I using that smart car programmer for pirating? No, but since that model was popular with the pirates and sold so well, there were always crazy deals on it...good consumerism can fuck you sometimes...

[AlexK @ Sep 12th 2007 10:19PM]

Yea, I remember receiving the similar letter from Echostar a long time ago for buying a SmartCard programmer (to test teh smartcard authorization feature in Win2k) from an online store which was later raided by the police and then closed permanently... Just threw the letter into garbage and never heard from EchoStar again.

[DS @ Sep 12th 2007 8:39PM]

TAKE THAT CORPORATE AMERICA!

[CaptCaveman @ Sep 12th 2007 8:42PM]

I've not heard of any pirating of Directv signals for a couple of years now. Heck when they rolled out the P4 card that scene pretty much came to an end. If anyone has figured anything out they are keeping it to themselves.

[KC @ Sep 12th 2007 11:36PM]

Exactly, they are keeping it to themselves. Nothing that is encrypted cannot be decrypted. There are DTV hacks, it's just the industry moved on.... FTA is all the rage these day because it offers a broader array of programming and has much less legal vulnerabilities because it has a 100% legitimate purpose as well as a less then legal illegitimate side purpose. Heck even Engadget has covered at least one FTA receiver, the Lyngbox.

[Odd TSi @ Sep 12th 2007 8:51PM]

You're overlooking the fact that the 9th Circuit is the most overturned appeals court in the nation. Greater than 90% of their rulings get overturned. So there's a 90% chance if DirecTV takes this to the Supreme Court that they'll get the ruling they desire.

[Christopher Yang @ Sep 13th 2007 5:45PM]

USSC overturned around 80% of the 9th circuit decisions. But out of around 6000 cases requesting certiorari from the SC, only around 150 are heard each year.

[James @ Sep 19th 2007 7:30PM]

Yes, but *you* are forgetting that the overturned decisions are usually of the "crazy agreeing with the American Criminal Liberties Union" kind, where this is of the "procedural error/misapplied statue" kind. I predict they don't get it any further.

[Sean O @ Sep 12th 2007 10:08PM]

Smart card programmers can be used for legitimate hobby purposes, as well as security research.

What if someone wants to make their own smart cards for access to their own video surveillance equipment?

The idea that owning buying one is breaking the law is ridiculous. This is like those stupid ass War on Drugs laws in some states that say bongs are illegal.

What next? Buy a crowbar at Home Depot and get slapped with attempted burglary charges?

[Kevin @ Sep 13th 2007 11:33AM]

"No officer, I'm Gordon Freeman! From Lambda lab... yeah, F-R-E-E-M-*kabong*"

[notYou @ Sep 12th 2007 10:30PM]

The 9th circus, errr, circuit is the most overturned fed court in the country. Look for this to be overruled in a Supreme Court near you, real soon now.

[WETFOLLOW @ Sep 17th 2007 11:52PM]

dave started the same tactics that the riaa is doing now.. extorting people with settlements..

[gdog @ Sep 25th 2007 11:25PM]

This brings back memories, emulation was fascinating! I received the letter from the initial wave. Kept it for conversation, :). Sweated out the day that Dave filed 10,000(?) lawsuits as the 2 yr statute of limitations ran out on discovery from their first big fulfillment bust. I think my assigned lawfirm told Dave to f off. No summons, hehe.

Free and clear u think? Not hardly, got stuck with a pile of p4 and p5 at the end, I paid... lol :)