cojones
11-17-2003, 06:53 AM
Four in Jackson named in DirecTV lawsuit
A handful of Jackson County residents are among those named in a flurry of federal lawsuits filed by DirecTV alleging they were stealing the satellite signal.
At least four are being sued by the electronics giant in an antitheft effort that has resulted in 15,000 civil lawsuits.
Some cases in which multiple defendants were named have been broken into individual lawsuits.
Among those named: Daniel Prus of Rives Junction; James Crouse of Norvell; and Michael Hamlin and Thomas Gurk of Jackson.
Others in Jackson County have received warning letters from DirecTV, demanding $3,500 in restitution, said Detroit-area defense attorney John T. Hermann. Those who don't respond are threatened with legal action.
"We have proof of purchases, sales slips ! the whole nine yards," said Robert Mercer, DirecTV spokesman. "We've got the goods on them."
None of the four from the Jackson area could be reached for comment, but Hermann is representing 35 to 40 defendants, including two Jackson County residents. The electronics giant is playing hardball with people who, in some cases, "can barely scrape by," Hermann said.
"What they are trying to do is litigate these cases on the cheap," he said. "Their attitude is they're willing to spend 37 cents to send a letter in order to get $3,500 in return rather than investigate if these devices were actually used to intercept the (DirecTV) signal."
In cases filed, DirecTV asked for $10,000 in default judgments and unspecified damages in jury trials.
Defendants were traced through names and addresses from sales records seized from "dozens" of companies, which were allegedly selling devices to pirate satellite signals, DirecTV's Mercer said.
In Prus' case, the civil suit in U.S. District Court alleges that the Rives Junction man bought an unlooper and chip upgrade from White Viper Technologies.
Those items were shipped to his home at 11765 Clinton Road in June and November 2000, court records stated.
Crouse and Gurk were DirecTV subscribers who also were allegedly using pirate devices bought from VTEC, according to the civil complaint.
The defense attorney doesn't deny that many who bought descrambling devices did so to pirate the dish signal.
However, DirecTV's broad sweep has led to innocent people being hauled into court, Hermann said.
The legal action has resulted in numerous counter suits, including one dismissed in California accusing DirecTV of extortion.
Smart card technology, which is a key component in satellite TV, also is used in security, scientific research and other computer applications, according to Electronic Frontier Foundation officials.
"These devices, contrary to what attorneys contend, have no other uses but than to steal DirecTV," Mercer said.
On Oct. 22, a U.S. District Court judge threw out a case against a Michigan man after he proved he bought devices from White Viper Technologies for legitimate purposes.
Similar cease-and-desist letters have gone to people whose credit card names appeared on seized sales invoices, but didn't actually buy the equipment, Hermann said.
Authorities executed search warrants at several companies in the United States and Canada that allegedly sold descrambling equipment.
"Initially they were targeting companies that were openly marketing this technology as a way to intercept satellite signals, and that makes sense," said Jennifer Granick, executive director of Stanford Law School Center for Internet and Society.
"Here, what they are doing is targeting people who buy these devices for legitimate purposes, and that doesn't make sense."
The electronics giant is going after end users through the Digital Millennium Copyright Act of 1998, which is the same law the recording industry is using to sue people for illegally downloading music files.
Piracy costs local satellite dealers, who receive a percentage of subscription sales. Those dealers also are charged for DirecTV systems sold but not activated.
"It's not just big DirecTV, a $6.5 billion company, who is affected," Mercer said. "It's the satellite service provider and, of course, legitimate customers who regularly pay their bills."
Source: Jackson Citizen Patriot :asshole2:
A handful of Jackson County residents are among those named in a flurry of federal lawsuits filed by DirecTV alleging they were stealing the satellite signal.
At least four are being sued by the electronics giant in an antitheft effort that has resulted in 15,000 civil lawsuits.
Some cases in which multiple defendants were named have been broken into individual lawsuits.
Among those named: Daniel Prus of Rives Junction; James Crouse of Norvell; and Michael Hamlin and Thomas Gurk of Jackson.
Others in Jackson County have received warning letters from DirecTV, demanding $3,500 in restitution, said Detroit-area defense attorney John T. Hermann. Those who don't respond are threatened with legal action.
"We have proof of purchases, sales slips ! the whole nine yards," said Robert Mercer, DirecTV spokesman. "We've got the goods on them."
None of the four from the Jackson area could be reached for comment, but Hermann is representing 35 to 40 defendants, including two Jackson County residents. The electronics giant is playing hardball with people who, in some cases, "can barely scrape by," Hermann said.
"What they are trying to do is litigate these cases on the cheap," he said. "Their attitude is they're willing to spend 37 cents to send a letter in order to get $3,500 in return rather than investigate if these devices were actually used to intercept the (DirecTV) signal."
In cases filed, DirecTV asked for $10,000 in default judgments and unspecified damages in jury trials.
Defendants were traced through names and addresses from sales records seized from "dozens" of companies, which were allegedly selling devices to pirate satellite signals, DirecTV's Mercer said.
In Prus' case, the civil suit in U.S. District Court alleges that the Rives Junction man bought an unlooper and chip upgrade from White Viper Technologies.
Those items were shipped to his home at 11765 Clinton Road in June and November 2000, court records stated.
Crouse and Gurk were DirecTV subscribers who also were allegedly using pirate devices bought from VTEC, according to the civil complaint.
The defense attorney doesn't deny that many who bought descrambling devices did so to pirate the dish signal.
However, DirecTV's broad sweep has led to innocent people being hauled into court, Hermann said.
The legal action has resulted in numerous counter suits, including one dismissed in California accusing DirecTV of extortion.
Smart card technology, which is a key component in satellite TV, also is used in security, scientific research and other computer applications, according to Electronic Frontier Foundation officials.
"These devices, contrary to what attorneys contend, have no other uses but than to steal DirecTV," Mercer said.
On Oct. 22, a U.S. District Court judge threw out a case against a Michigan man after he proved he bought devices from White Viper Technologies for legitimate purposes.
Similar cease-and-desist letters have gone to people whose credit card names appeared on seized sales invoices, but didn't actually buy the equipment, Hermann said.
Authorities executed search warrants at several companies in the United States and Canada that allegedly sold descrambling equipment.
"Initially they were targeting companies that were openly marketing this technology as a way to intercept satellite signals, and that makes sense," said Jennifer Granick, executive director of Stanford Law School Center for Internet and Society.
"Here, what they are doing is targeting people who buy these devices for legitimate purposes, and that doesn't make sense."
The electronics giant is going after end users through the Digital Millennium Copyright Act of 1998, which is the same law the recording industry is using to sue people for illegally downloading music files.
Piracy costs local satellite dealers, who receive a percentage of subscription sales. Those dealers also are charged for DirecTV systems sold but not activated.
"It's not just big DirecTV, a $6.5 billion company, who is affected," Mercer said. "It's the satellite service provider and, of course, legitimate customers who regularly pay their bills."
Source: Jackson Citizen Patriot :asshole2: