Crow 492
03-06-2006, 03:40 PM
FTA and your Legal Rights - EVERYONE MUST READ C & P
--------------------------------------------------------------------------------
Hi everyone. Let me just start by saying that i am a smaller dealer that just got into this FTA business. I used to buy, but now i sell. After viewing these forums, i found that there was an important post missing, regarding the real legal situation and FTA.
So, what did i do? I just paid $800 to meet for a few hours with a lawyer that is very knowledgeable in telecommunications. Here is what i can pass on, for free.
IS FTA LEGAL IN NORTH AMERICA
Absolutely. By definition, it is FREE to air. Free channels, and a reciever to watch them with. There is nothing wrong with Free to Air. The goverment knows that, the big companies (bell, echo, cable companies) know it, and so should you. Free to Air has been around long before all of this craze revolving around the industry. Nothing has changed
IS IT LEGAL TO BUY FTA RECEIVERS FROM ANY WEB SITE
Absolutely. It doesn't really matter which site is selling the reciever, if it is FTA, then you can purchase it. Even if the site advertises illegal decryption, you can still buy it, as long as when you recieve it, you are watching FTA. That is why there are factory manufacturer software files. You are not responsible for the marketing of the web site. Only they are.
If you buy steak knives from a site that condones murder, because you like the brand of knives, you can rest assured that no one is coming knocking at your door for any crime. This is the same. Maybe your unit was "pre-flashed" when sent, but then who's to say you didn't flash it back right away, and watch FTA channels? maybe the price was right, or the model was hard to find. Either way, you are legally free to purchase anywhere.
IF MY DEALER GETS INTO LEGAL TROUBLE, AM I AT RISK TOO?
No. Unlike DTV hack equipment, you are safe from being "sued" or pursued for purchasing FTA. With DTV, there really was no other reason for getting a LOADER other than to program cards. Sure, you could argue you like to test atmel chips, but basically, if your dealer was busted, you were in big trouble.
FTA is different. A dealer can get in trouble for marketing a certain way, or for modifying units. But you, as an end-user, are never at risk, simply because FTA receivers are fully legal. It would take a stakeout at your house, watching you download encrypted channels to come after you for signal theft. If you see an ice-cream truck with antennas outside your home, watch out. Other than that, don't even think about it.
SHOULD I BE CONCERNED ABOUT ANYTHING?
Not at all. If you ever get a phone call from Echostar, Bell, or a lawyer's office, never, even for a second, worry about it. They are not coming after you. They would simply want information on your dealer. Don't incriminate yourself by even listening to the call. Politely say "I only watch FTA programming..bye..i'm in the middle of dinner". Because you are not at risk, never put yourself in this situation. They can never prove otherwise. Remember, you are only watching FTA programming. Period.
THE FUTURE
Basically...Just enjoy TV. Don't worry. Don't be paranoid. No one is ever coming after you. No one is suing you. No one is watching you. No one can prevent you from watching FTA television. Don't even worry about your dealer, and records of purchase. As far as the law is concerned, you purchased FTA. Let your dealer sort out any messes. It doesn't concern you. You should just watch TV.
Yes...this post cost me a pretty penney. But I wanted to be sure, and I wanted to fully understand my legal position. Hopefully, dealers will copy this email and send it to their customers so everyone can be properly informed. At least post it on your websites. It will make visitors/customers of your site much more comfortable purchasing products.
__________________
--------------------------------------------------------------------------------
Hi everyone. Let me just start by saying that i am a smaller dealer that just got into this FTA business. I used to buy, but now i sell. After viewing these forums, i found that there was an important post missing, regarding the real legal situation and FTA.
So, what did i do? I just paid $800 to meet for a few hours with a lawyer that is very knowledgeable in telecommunications. Here is what i can pass on, for free.
IS FTA LEGAL IN NORTH AMERICA
Absolutely. By definition, it is FREE to air. Free channels, and a reciever to watch them with. There is nothing wrong with Free to Air. The goverment knows that, the big companies (bell, echo, cable companies) know it, and so should you. Free to Air has been around long before all of this craze revolving around the industry. Nothing has changed
IS IT LEGAL TO BUY FTA RECEIVERS FROM ANY WEB SITE
Absolutely. It doesn't really matter which site is selling the reciever, if it is FTA, then you can purchase it. Even if the site advertises illegal decryption, you can still buy it, as long as when you recieve it, you are watching FTA. That is why there are factory manufacturer software files. You are not responsible for the marketing of the web site. Only they are.
If you buy steak knives from a site that condones murder, because you like the brand of knives, you can rest assured that no one is coming knocking at your door for any crime. This is the same. Maybe your unit was "pre-flashed" when sent, but then who's to say you didn't flash it back right away, and watch FTA channels? maybe the price was right, or the model was hard to find. Either way, you are legally free to purchase anywhere.
IF MY DEALER GETS INTO LEGAL TROUBLE, AM I AT RISK TOO?
No. Unlike DTV hack equipment, you are safe from being "sued" or pursued for purchasing FTA. With DTV, there really was no other reason for getting a LOADER other than to program cards. Sure, you could argue you like to test atmel chips, but basically, if your dealer was busted, you were in big trouble.
FTA is different. A dealer can get in trouble for marketing a certain way, or for modifying units. But you, as an end-user, are never at risk, simply because FTA receivers are fully legal. It would take a stakeout at your house, watching you download encrypted channels to come after you for signal theft. If you see an ice-cream truck with antennas outside your home, watch out. Other than that, don't even think about it.
SHOULD I BE CONCERNED ABOUT ANYTHING?
Not at all. If you ever get a phone call from Echostar, Bell, or a lawyer's office, never, even for a second, worry about it. They are not coming after you. They would simply want information on your dealer. Don't incriminate yourself by even listening to the call. Politely say "I only watch FTA programming..bye..i'm in the middle of dinner". Because you are not at risk, never put yourself in this situation. They can never prove otherwise. Remember, you are only watching FTA programming. Period.
THE FUTURE
Basically...Just enjoy TV. Don't worry. Don't be paranoid. No one is ever coming after you. No one is suing you. No one is watching you. No one can prevent you from watching FTA television. Don't even worry about your dealer, and records of purchase. As far as the law is concerned, you purchased FTA. Let your dealer sort out any messes. It doesn't concern you. You should just watch TV.
Yes...this post cost me a pretty penney. But I wanted to be sure, and I wanted to fully understand my legal position. Hopefully, dealers will copy this email and send it to their customers so everyone can be properly informed. At least post it on your websites. It will make visitors/customers of your site much more comfortable purchasing products.
__________________