mili
05-19-2003, 06:57 PM
I found this on the net:
Legal Advice from a Lawyer
quote:
--------------------------------------------------------------------------------
As an attorney and a fellow smart-card testing hobbist, & other, which I won't say. I will inform others so as to address most of your concerns, your legal rights, protections and liabilities.
As a criminal defense attorney, (Post Conviction appeals attorney) I have researched, read all current statutes both criminal & civil, and every single case law that has come down involving satellite, Dss DirecTV, Dishnetwork, & singal transmission, as well as rights & property rights to air & land.
Also, I have read & researched the law that DirecTV is currently using to attack dealers located in the U.S.
Lets first start out by pointing out that as far as the hardware equipment. Because of the fact, that there are legitimate uses of programmers (i.e. smart-card testing, programming various smartcards for company Id's, security, printing novelty id's, parking passes, etc......) having possession of programming equipment alone is not enough to warrant any kind of criminal or civil charge. Also, even having a programmer, software and a satellite card itself is not enough by itself enough to warrant any violation of the law or warrant any civil action. There MUST be more supporting evidence to pass the test.....
So, all of you out there in the United States, there is no need to worry about any law enforcement coming to arrest you. Also, even if you have a dish attached to your home, is still not enough evidence because of again other uses....
Now, the other supporting evidence can be the following. You are caught selling to an undercover officier, you get set up, **usually, you will always be setup by someone you know & trust, thats the way it is guys/gals...thats how over 90% of every single case got the person arrested. Someone the person knew & trusted, got the defendant to program a bunch of cards that were numbers, tag & listed on the arrest warrant, so that when you programmed the cards, the cards would come back matching the seriel number. Also, "Marked money" the money paid to you will be marked. So now your busted.
Another way is your sloppy & open about what your doing and you become "High Profile" bingo, you just caught the attention of the feds...
You need to be very aware of your surroundings, pay attention. Use your head. In almost every single raid on US dealers, it was because they made the statements "Promoting the illegal activity that their product could accomplish. Instead of just making a disclaimer statement & Not promoting the actual use of the product...Leave that up to the buyer. As long as your include the info in your disclaimer, customers can read between the lines what the products can do.
And always if you make a description do so in the statement of for testing & educational purposes with every single product. This way you are not advocating an illegal action. Bottom line it is totally up to the end user.
(ex) If a seller in another country is selling a product that is legal there where the seller and/or **Business is located, and a buyer who lives in a country where the product is illegal to sell, and that buyer orders that product, then if the product doesn't caught at customers, which BTW, is at the buyers risk, and the package passes through and arrives at buyers, than it is buyers risk to use that product. The seller has no legal liability the product is legal where the **business is located.
In the Dss satellite world, its alittle easier becuase of the fact that there are legit uses of the product, so even better for the seller and the buyer...so long as the buyer doesn't get caught using the product in the manner which it wasn't intended for**disclaimer of the seller.
Most cases in the U.S. you Must be caught " ed" otherwise it is really a heavy burden on the prosecution to prove you have the "Intent" to commit a violation of a criminal law.
"Intent is a specific mind" action.....thats why you must be caught " ed" suffieient evidence. You could literally have a warehouse full of loaders, with no atmel flash, have a business selling smart-card educational-testing equipment, and training products. You could have blank smart card for practice, laminating equipment to protect smartcards and all other supporting accessories that go along with making smartcards. Now, how can law enforcement prove that you are conducting an illegal business? Only one way, What is it?.....
Thats why DirecTV can only sue these individuals in civil court, not criminal, too heavy a burden to over-come(beyond reasonable doubt) so, if there is the possibility that the product could be used for a legit purpose, than you MUST acquit!!! No Other Choice. However, under civil rule, just have to satisfy " Perponderence of the evidence" thus, is it likely, that the defendant would use the equipment for illegal purposes, ..likely, yes.....thus, rule in Directv favor, & now your liable for civil award.
Of course, you can appeal all the way up to our U.S Supreme Court, which will take or about 5-6 years ha ha ha Directv!
Alot can happen in 5-6 years. As for these letters they send out with threats...." The Art of War" the greatest tatic, put your opponet on the defensive, out-spend them, cause them to fold, it will cost less to agree to give up, then to fight......well, if you guys only knew....here it is.....1st, just keep that copy of that letter, don't do a damm thing!, thats right! they are waiting for you to make the first move. "The Art of War" the warrior beat his opponet just by doing nothing, he simply out-stared him, made him blink first. He won the battle without even raising his sword once!
If they make another move, they will have to notify you as to what they intend to do. Civil law, you'll know exactly what they have on you before you even go to court, unlike criminal, you don't know until you get arrested.
Civil cases, they must prove damages first before they can even file a lawsuit, and it must meet the criteira of an act, cause & effect, with damages resulting. They must prove that by your actions, you caused an event to happen and that event resulted in the loss of $$damages.
If they can't prove it was your actions, that your actions were not qusi-legal, and that the result of your actions caused the damages that they suffered, than they have no case, case dismissed, bye bye.. Many cases get tossed right at this level..
So you see guys, there is alot of things that have to happened before your on the hook. Look, be smart, I've given you enough information (read between the lines) on how to setup & conduct your business within the confines of the law....as long as your inside the box, than no one can bust you..
Keep & list all files catageory as testing & educational materials, purchase some smartcard accessories. Microsoft does alot with smartcard programming, you'll find alot under them. Now setup a legit smartcard equipment sales, etc... Also, you might want to consider an Overseas company location where the companys main headquarters is located...there are many online services that can provide corp setup all legit with papers, 800# web-site, etc...for less than $600.00 (U.S.) dollars.
His second email...
As a Criminal Defense Attorney in Massachusetts, I am very familiar with the laws both state & federal. Boston Federal Courts system is one of the Nations Tops and Most respected for Legal decisions and a leader in the interpretation of the laws.
Our judicial system is still founded on the basic principal of the constitution that was written by our forefathers.
With that in mind, There is No F........ing way that ANY Prosecutor nor representative of DirecTV can or will be able to bring ANY Legal Suit Against Anyone with just the evidence that the individual May or May Not Have Purchased a device that is used to receiving satellite TV.
The Major Problem is that the Device itself in Not Illegal!!!!! For Christ Sakes, MicroSoft Corporation Sells The Same Darn Units. Which by the way was just recently ruled upon in a California Court and that case was thrown out with an court order, ordering DirecTV to pay ALL the attorneys fees to the Defendant.
As I said earlier, THERE MUST BE MORE IN THE FORM OF SUPPORTING EVIDENCE!!!! Otherwise the case will fail for lack of meeting the burdens placed upon the Plaintiff and/or Prosecution!
I have not and will not lose any case with just these facts. It will get dismissed every single time by a motion to dismiss based upon "Matter of Law" Thats It.
Yes. I'm a lawyer
Yes, you can put your mind at ease. I am a lawyer. I specialize in Criminal Defense, & Contract Law.
Criminally, there is NO Case based upon these facts! Just because an individual has placed an order for the purchase of a Smartcard programming device, and lets even say it is or can be established that its main purpose intended for is to program Dss Cards.
So what! What does this really prove? What does it prove if an individual walks into a store and purchases electronic equipment from radio shack. All componets of which can be used for the making of an illegal device? What else does it prove? Nothing by itself!!! This is my point.
The burden is on the prosecution to prove beyond a reasonable doubt that the defendent has carried out an illegal act and by supporting evidence. Not just hearsay statements and/or assumptions.
We all know what happens when we assume things. We make an ass of you and an ass of ourselves (me).
Thus, just because you or anyone else was sent a letter based solely on the basis of some sales records with your name on it, isn't enough without anything else to prove your guilt, not enough to even get a warrant, not enough to even investigate with any probable cause to do so.
How do they know that you are in fact the person who any deliver was for? how do they know that you were in fact the one who received any deliver?, How do they know that the delivery wasn't for someone else and for something else?
Too many if's......not supported by facts.............case dissmissed! Bye Bye!, Next! Case!
You need to seriously read the latest caselaw
You really need to read the latest caselaw coming down on Dave and their representatives lately from all over the country....they are getting SLAMMED! BIGTIME!
They are getting hit with payment of legal fees for the defendant, they are getting hit with sanctions, etc......
Yes, its true that the burden of proof is lower in civil than criminal.
First, I would be more concerned with criminal charges before any lousy civil award, which I would just take a walk across the street to the federal court house and file bankruptcy on any judgement Dave may be awarded.....
Hey, the bankruptcy laws apply to companies as well as individuals. If Enron, MCI, Arthur Andersen, Etc....can all file for bankruptcy protection and wipe out all the fines assesed in a civil award and yet keep all their corporate and company assets, than you as an individual can file, wipe out any award, and reaffirm all your good debt to keep your good credit and screw them right up the ass!..
I have done this very procedure for 7 business and individual clients who got stiffed by similair events and thats exactly what we did and the best part, there isn't a f*cking thing they can do about it. and they know it.!
So, I don't want to hear about Civil rules vs. criminal rules...the same rules apply procedually and still have to meet the burden of proof and the mim standards setforth as a matter of law. No if ands or buts about it.
I have never lost a case with these types of facts where the plaintiff had so little to go on, and guess what I will never lose a case like this either I'm too f*cking good and I know it. Yes, I am a little high on myself and I should be. I've worked hard at learning and knowing every law, rule, procedure, and caselaw set by every single judge, from every single jurisdiction. Thats why I get $10-20,000 retainers from my high-end clients to defend them...because they all know I don't like to lose.......
I will never lose to these bozo's with the tactics they are pulling....They couldn't get laid in a whorehouse with a pocket full of $50's in their pocket.......you see they are predictable...they whole position is based upon revunues that they are losing...
What revenues? How to they know or how can they be certain that these so-called piracy hackers would be paying customers to begin with? Why do you think they do what they do? Because they won't pay the monthly fee for all the programming and more than likely they can't afford it, therefore, Dave isn't going to get the revenues anyways!
You see, whenever I have taken that position in court with any plaintiff with that stance, I immediately put them and have them on the defensive and throughout the trial, they are so focused on proving that they would be getting that revenue, that I have blind-sided them and I destroy them on all the facts and the burdens they must meet to even allow the jury to receive the case for consideration.
I can't tell you how many times I have had the whole case dismissed right after opening statements and after the plaintiff's have presented their case..Immediately ask for a dismissal as a matter of law and procedure based upon they failed to meet the burden set-forth by the "Law" I win Case Dismissed, Next...
Look at the facts" Then........
I have said many times over and over.......there is not one case that I will ever lose based upon the facts that some individual who placed a purchase order from whatever dealer for any product, (i.e. loader, programmer, unlooper, ) and then after a year or more, receives a letter from the idiot representatives of DirecTv informing them that if they fail to respond they will be exposed to a lawsuit......Please!!!!Don't insult my intelligence nor don't embarass yourself!
Lets break this down one more time for the last time.
1. The purchase of these products "alone" by itself....is not evidence. Due to the established fact that there are legitimate uses for these devices, (i.e. Microsoft sells the same type of devices) and this is not enough for ANY F*CKING COURT or JUDGE to issue or allow a lawsuit to even be establsihed!! Don't even say it is, or you got to be the dumbest f*cking moron on the place of the whole universe.
2. The whole purpose of the sending of these letters, which by the way, are being addressed off of sales records that have been handled by a 3rd party. ( Issue of accuracy) The letters are being sent in hopes of getting a response, so that NOW, they have some credible evidence, that if you responded to the letter, then you must have been the correct one to have purchased the product.
Now, and listen up all you stupid people out there!!! The whole point that the letter request the individual to call the number....is to now get additional "Taped" evidence of your responses to their questions.
Because, even at this point, they know as well as all the real smart attorneys know, that even if you admit to being the individual that was the one who purchased the product from whatever dealer, that was too lazy to set their operation up properly to avoid the raid in the first place, that they still need more supporting evidence to go forward for any legal action against the individual, ................they will ask you a set of questions that have already been designed and are worded in the correct way to illicit the answers they need to meet the burden that is required by "Law" to satisfy before being allow to file the lawsuit and/or file criminal charges.
Now, based upon these answers, which no matter which way you answer them, are going to get you in trouble. *Remember, they already believe your a piece , just for buying any device from these dealers.....they think there should be no reason for you to be buying any device of this type unless your using it for the purpose intended for.
The very first thing that is taught in law school is:......Never ask a question, you don't already know the answer to. Thats why these questions are designed to illicit the type of answers they know and want to get from you and its all on tape!!!!
So, I have read the so-called posts from PD, and a whole list of other sites.......these individuals who say they didn't answer and ended up getting a default judgement against them is total ! and I will challenge any individual to prove me wrong! I will pay 1 million dollars to the person who can prove to me that they had a default judgement issued against them for failure to answer any letter from these representative of DirecTV.
If a default judgement was ever issued against anyone, then its was for facts not disclosed by the person, that they had to in fact sign a service of a complaint when served and then failed to answer.......or some other set of circumstances not disclosed.
Before ANY F*CKING LAWSUIT CAN EVEN GO FORWARD IN THE INTEREST OF JUSTICE! the defendant MUST be notified and proof of notification Must be filed with the court! Proof being a signiture of the defendant that shows the defendant was served with notice of the pending suit.
Thus, if the defendant has been served and then chooses to ignore, then a default judgement can be issued. But, prior to this, and even before a lawsuit and/or a criminal charge can move forward, the plaintiff or prosecutor Must satisfy the requirements for filing such a suit or warrant for arrest.
Must prove and have proof, that the defendant has violated and/or committed a crime. Not just the hearsay statements and/or hearsay records from a 3rd party.
Now, if all these dumb f*cking b*stards have is sales records and they send you a letter...like I said before and I'll say it again, wipe your ass with it....because, if they really had anything concrete at all......they wouldn't be sending you out a letter in the first place. They would have already filed a criminal charge and arrested you or had you served with notice of a civil lawsuit.
OK!.......Why waste time, money, and legal fees........if they had anything at all on you already! Since when do the f*cking authorities wait to arrest because they want to know if you'll respond to a f*cking letter! Please!
Don't answer, and you won't have to worry.....the burden is always on the plaintiff to prove your guilt or actions were in violation of some law/rule....otherwise.....go back to the drawing board.
Everyone Understand ?
My freedoms to share this with you are protected by my Constitutional Rights as a free American. God Bless America and the freedoms we share and cherish and whose forefathers gave their very lives to protect and defend those same freedoms!
--------------------------------------------------------------------------------
__________________
Peace,
Audionuts
Legal Advice from a Lawyer
quote:
--------------------------------------------------------------------------------
As an attorney and a fellow smart-card testing hobbist, & other, which I won't say. I will inform others so as to address most of your concerns, your legal rights, protections and liabilities.
As a criminal defense attorney, (Post Conviction appeals attorney) I have researched, read all current statutes both criminal & civil, and every single case law that has come down involving satellite, Dss DirecTV, Dishnetwork, & singal transmission, as well as rights & property rights to air & land.
Also, I have read & researched the law that DirecTV is currently using to attack dealers located in the U.S.
Lets first start out by pointing out that as far as the hardware equipment. Because of the fact, that there are legitimate uses of programmers (i.e. smart-card testing, programming various smartcards for company Id's, security, printing novelty id's, parking passes, etc......) having possession of programming equipment alone is not enough to warrant any kind of criminal or civil charge. Also, even having a programmer, software and a satellite card itself is not enough by itself enough to warrant any violation of the law or warrant any civil action. There MUST be more supporting evidence to pass the test.....
So, all of you out there in the United States, there is no need to worry about any law enforcement coming to arrest you. Also, even if you have a dish attached to your home, is still not enough evidence because of again other uses....
Now, the other supporting evidence can be the following. You are caught selling to an undercover officier, you get set up, **usually, you will always be setup by someone you know & trust, thats the way it is guys/gals...thats how over 90% of every single case got the person arrested. Someone the person knew & trusted, got the defendant to program a bunch of cards that were numbers, tag & listed on the arrest warrant, so that when you programmed the cards, the cards would come back matching the seriel number. Also, "Marked money" the money paid to you will be marked. So now your busted.
Another way is your sloppy & open about what your doing and you become "High Profile" bingo, you just caught the attention of the feds...
You need to be very aware of your surroundings, pay attention. Use your head. In almost every single raid on US dealers, it was because they made the statements "Promoting the illegal activity that their product could accomplish. Instead of just making a disclaimer statement & Not promoting the actual use of the product...Leave that up to the buyer. As long as your include the info in your disclaimer, customers can read between the lines what the products can do.
And always if you make a description do so in the statement of for testing & educational purposes with every single product. This way you are not advocating an illegal action. Bottom line it is totally up to the end user.
(ex) If a seller in another country is selling a product that is legal there where the seller and/or **Business is located, and a buyer who lives in a country where the product is illegal to sell, and that buyer orders that product, then if the product doesn't caught at customers, which BTW, is at the buyers risk, and the package passes through and arrives at buyers, than it is buyers risk to use that product. The seller has no legal liability the product is legal where the **business is located.
In the Dss satellite world, its alittle easier becuase of the fact that there are legit uses of the product, so even better for the seller and the buyer...so long as the buyer doesn't get caught using the product in the manner which it wasn't intended for**disclaimer of the seller.
Most cases in the U.S. you Must be caught " ed" otherwise it is really a heavy burden on the prosecution to prove you have the "Intent" to commit a violation of a criminal law.
"Intent is a specific mind" action.....thats why you must be caught " ed" suffieient evidence. You could literally have a warehouse full of loaders, with no atmel flash, have a business selling smart-card educational-testing equipment, and training products. You could have blank smart card for practice, laminating equipment to protect smartcards and all other supporting accessories that go along with making smartcards. Now, how can law enforcement prove that you are conducting an illegal business? Only one way, What is it?.....
Thats why DirecTV can only sue these individuals in civil court, not criminal, too heavy a burden to over-come(beyond reasonable doubt) so, if there is the possibility that the product could be used for a legit purpose, than you MUST acquit!!! No Other Choice. However, under civil rule, just have to satisfy " Perponderence of the evidence" thus, is it likely, that the defendant would use the equipment for illegal purposes, ..likely, yes.....thus, rule in Directv favor, & now your liable for civil award.
Of course, you can appeal all the way up to our U.S Supreme Court, which will take or about 5-6 years ha ha ha Directv!
Alot can happen in 5-6 years. As for these letters they send out with threats...." The Art of War" the greatest tatic, put your opponet on the defensive, out-spend them, cause them to fold, it will cost less to agree to give up, then to fight......well, if you guys only knew....here it is.....1st, just keep that copy of that letter, don't do a damm thing!, thats right! they are waiting for you to make the first move. "The Art of War" the warrior beat his opponet just by doing nothing, he simply out-stared him, made him blink first. He won the battle without even raising his sword once!
If they make another move, they will have to notify you as to what they intend to do. Civil law, you'll know exactly what they have on you before you even go to court, unlike criminal, you don't know until you get arrested.
Civil cases, they must prove damages first before they can even file a lawsuit, and it must meet the criteira of an act, cause & effect, with damages resulting. They must prove that by your actions, you caused an event to happen and that event resulted in the loss of $$damages.
If they can't prove it was your actions, that your actions were not qusi-legal, and that the result of your actions caused the damages that they suffered, than they have no case, case dismissed, bye bye.. Many cases get tossed right at this level..
So you see guys, there is alot of things that have to happened before your on the hook. Look, be smart, I've given you enough information (read between the lines) on how to setup & conduct your business within the confines of the law....as long as your inside the box, than no one can bust you..
Keep & list all files catageory as testing & educational materials, purchase some smartcard accessories. Microsoft does alot with smartcard programming, you'll find alot under them. Now setup a legit smartcard equipment sales, etc... Also, you might want to consider an Overseas company location where the companys main headquarters is located...there are many online services that can provide corp setup all legit with papers, 800# web-site, etc...for less than $600.00 (U.S.) dollars.
His second email...
As a Criminal Defense Attorney in Massachusetts, I am very familiar with the laws both state & federal. Boston Federal Courts system is one of the Nations Tops and Most respected for Legal decisions and a leader in the interpretation of the laws.
Our judicial system is still founded on the basic principal of the constitution that was written by our forefathers.
With that in mind, There is No F........ing way that ANY Prosecutor nor representative of DirecTV can or will be able to bring ANY Legal Suit Against Anyone with just the evidence that the individual May or May Not Have Purchased a device that is used to receiving satellite TV.
The Major Problem is that the Device itself in Not Illegal!!!!! For Christ Sakes, MicroSoft Corporation Sells The Same Darn Units. Which by the way was just recently ruled upon in a California Court and that case was thrown out with an court order, ordering DirecTV to pay ALL the attorneys fees to the Defendant.
As I said earlier, THERE MUST BE MORE IN THE FORM OF SUPPORTING EVIDENCE!!!! Otherwise the case will fail for lack of meeting the burdens placed upon the Plaintiff and/or Prosecution!
I have not and will not lose any case with just these facts. It will get dismissed every single time by a motion to dismiss based upon "Matter of Law" Thats It.
Yes. I'm a lawyer
Yes, you can put your mind at ease. I am a lawyer. I specialize in Criminal Defense, & Contract Law.
Criminally, there is NO Case based upon these facts! Just because an individual has placed an order for the purchase of a Smartcard programming device, and lets even say it is or can be established that its main purpose intended for is to program Dss Cards.
So what! What does this really prove? What does it prove if an individual walks into a store and purchases electronic equipment from radio shack. All componets of which can be used for the making of an illegal device? What else does it prove? Nothing by itself!!! This is my point.
The burden is on the prosecution to prove beyond a reasonable doubt that the defendent has carried out an illegal act and by supporting evidence. Not just hearsay statements and/or assumptions.
We all know what happens when we assume things. We make an ass of you and an ass of ourselves (me).
Thus, just because you or anyone else was sent a letter based solely on the basis of some sales records with your name on it, isn't enough without anything else to prove your guilt, not enough to even get a warrant, not enough to even investigate with any probable cause to do so.
How do they know that you are in fact the person who any deliver was for? how do they know that you were in fact the one who received any deliver?, How do they know that the delivery wasn't for someone else and for something else?
Too many if's......not supported by facts.............case dissmissed! Bye Bye!, Next! Case!
You need to seriously read the latest caselaw
You really need to read the latest caselaw coming down on Dave and their representatives lately from all over the country....they are getting SLAMMED! BIGTIME!
They are getting hit with payment of legal fees for the defendant, they are getting hit with sanctions, etc......
Yes, its true that the burden of proof is lower in civil than criminal.
First, I would be more concerned with criminal charges before any lousy civil award, which I would just take a walk across the street to the federal court house and file bankruptcy on any judgement Dave may be awarded.....
Hey, the bankruptcy laws apply to companies as well as individuals. If Enron, MCI, Arthur Andersen, Etc....can all file for bankruptcy protection and wipe out all the fines assesed in a civil award and yet keep all their corporate and company assets, than you as an individual can file, wipe out any award, and reaffirm all your good debt to keep your good credit and screw them right up the ass!..
I have done this very procedure for 7 business and individual clients who got stiffed by similair events and thats exactly what we did and the best part, there isn't a f*cking thing they can do about it. and they know it.!
So, I don't want to hear about Civil rules vs. criminal rules...the same rules apply procedually and still have to meet the burden of proof and the mim standards setforth as a matter of law. No if ands or buts about it.
I have never lost a case with these types of facts where the plaintiff had so little to go on, and guess what I will never lose a case like this either I'm too f*cking good and I know it. Yes, I am a little high on myself and I should be. I've worked hard at learning and knowing every law, rule, procedure, and caselaw set by every single judge, from every single jurisdiction. Thats why I get $10-20,000 retainers from my high-end clients to defend them...because they all know I don't like to lose.......
I will never lose to these bozo's with the tactics they are pulling....They couldn't get laid in a whorehouse with a pocket full of $50's in their pocket.......you see they are predictable...they whole position is based upon revunues that they are losing...
What revenues? How to they know or how can they be certain that these so-called piracy hackers would be paying customers to begin with? Why do you think they do what they do? Because they won't pay the monthly fee for all the programming and more than likely they can't afford it, therefore, Dave isn't going to get the revenues anyways!
You see, whenever I have taken that position in court with any plaintiff with that stance, I immediately put them and have them on the defensive and throughout the trial, they are so focused on proving that they would be getting that revenue, that I have blind-sided them and I destroy them on all the facts and the burdens they must meet to even allow the jury to receive the case for consideration.
I can't tell you how many times I have had the whole case dismissed right after opening statements and after the plaintiff's have presented their case..Immediately ask for a dismissal as a matter of law and procedure based upon they failed to meet the burden set-forth by the "Law" I win Case Dismissed, Next...
Look at the facts" Then........
I have said many times over and over.......there is not one case that I will ever lose based upon the facts that some individual who placed a purchase order from whatever dealer for any product, (i.e. loader, programmer, unlooper, ) and then after a year or more, receives a letter from the idiot representatives of DirecTv informing them that if they fail to respond they will be exposed to a lawsuit......Please!!!!Don't insult my intelligence nor don't embarass yourself!
Lets break this down one more time for the last time.
1. The purchase of these products "alone" by itself....is not evidence. Due to the established fact that there are legitimate uses for these devices, (i.e. Microsoft sells the same type of devices) and this is not enough for ANY F*CKING COURT or JUDGE to issue or allow a lawsuit to even be establsihed!! Don't even say it is, or you got to be the dumbest f*cking moron on the place of the whole universe.
2. The whole purpose of the sending of these letters, which by the way, are being addressed off of sales records that have been handled by a 3rd party. ( Issue of accuracy) The letters are being sent in hopes of getting a response, so that NOW, they have some credible evidence, that if you responded to the letter, then you must have been the correct one to have purchased the product.
Now, and listen up all you stupid people out there!!! The whole point that the letter request the individual to call the number....is to now get additional "Taped" evidence of your responses to their questions.
Because, even at this point, they know as well as all the real smart attorneys know, that even if you admit to being the individual that was the one who purchased the product from whatever dealer, that was too lazy to set their operation up properly to avoid the raid in the first place, that they still need more supporting evidence to go forward for any legal action against the individual, ................they will ask you a set of questions that have already been designed and are worded in the correct way to illicit the answers they need to meet the burden that is required by "Law" to satisfy before being allow to file the lawsuit and/or file criminal charges.
Now, based upon these answers, which no matter which way you answer them, are going to get you in trouble. *Remember, they already believe your a piece , just for buying any device from these dealers.....they think there should be no reason for you to be buying any device of this type unless your using it for the purpose intended for.
The very first thing that is taught in law school is:......Never ask a question, you don't already know the answer to. Thats why these questions are designed to illicit the type of answers they know and want to get from you and its all on tape!!!!
So, I have read the so-called posts from PD, and a whole list of other sites.......these individuals who say they didn't answer and ended up getting a default judgement against them is total ! and I will challenge any individual to prove me wrong! I will pay 1 million dollars to the person who can prove to me that they had a default judgement issued against them for failure to answer any letter from these representative of DirecTV.
If a default judgement was ever issued against anyone, then its was for facts not disclosed by the person, that they had to in fact sign a service of a complaint when served and then failed to answer.......or some other set of circumstances not disclosed.
Before ANY F*CKING LAWSUIT CAN EVEN GO FORWARD IN THE INTEREST OF JUSTICE! the defendant MUST be notified and proof of notification Must be filed with the court! Proof being a signiture of the defendant that shows the defendant was served with notice of the pending suit.
Thus, if the defendant has been served and then chooses to ignore, then a default judgement can be issued. But, prior to this, and even before a lawsuit and/or a criminal charge can move forward, the plaintiff or prosecutor Must satisfy the requirements for filing such a suit or warrant for arrest.
Must prove and have proof, that the defendant has violated and/or committed a crime. Not just the hearsay statements and/or hearsay records from a 3rd party.
Now, if all these dumb f*cking b*stards have is sales records and they send you a letter...like I said before and I'll say it again, wipe your ass with it....because, if they really had anything concrete at all......they wouldn't be sending you out a letter in the first place. They would have already filed a criminal charge and arrested you or had you served with notice of a civil lawsuit.
OK!.......Why waste time, money, and legal fees........if they had anything at all on you already! Since when do the f*cking authorities wait to arrest because they want to know if you'll respond to a f*cking letter! Please!
Don't answer, and you won't have to worry.....the burden is always on the plaintiff to prove your guilt or actions were in violation of some law/rule....otherwise.....go back to the drawing board.
Everyone Understand ?
My freedoms to share this with you are protected by my Constitutional Rights as a free American. God Bless America and the freedoms we share and cherish and whose forefathers gave their very lives to protect and defend those same freedoms!
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Peace,
Audionuts