Satellite Piracy Act

Texas

i have recently been issued a letter from direct tv in their software piracy suits.

about 2-3 years ago, i purchased some equiptment that could be used for satellite signal piracy. it was not my intention to use it for decrypting satellite signals, but to expirament with different test cards. nonetheless, i never recieved the equiptment, and have no such devices in my possession. according to the law, possessing equiptment like that whos sole purpose is to pirate satellite is illegal, yet it is not illegal to possess equiptment that is used for card programming, and nowhere does it state that the purchase of such equiptment is illegal, just the possession.

i really have no proof that i did not use it for stealing satellite, i have no proof that i used it for something else, and i have no proof that the equiptment was or was not delivered to me.

what ways can dtv use to prove that a) i used it for stealing satellite b) i have been in possession of this equiptment c) that the equiptment ever reached my doorstep??

they will not find any equiptment in my possession if they look, so do they have a case, or does direct tv have to prove these things against me by catching me with them or using them.

thanks.

Everything you need to know...

...can be found here:

http://www.atsdss.com/forum/forumdisplay.php?forumid=32

thanks for the url.

but also, one of the things i am wondering, is will whoever is doing the investigation be able to show if something did or did not arrive to me in the mail, or is there any way that they can show that i had or have possession without seeing me in possession. im wondering if there will be a search warrent and so on. i know i purchased these things, but i dont know if that alone has cornered me or not.

basically, i dont know if i can or if i have to prove my innocense, or if there is some sort of bullsh!t that they can use to prove me guilty??

Actually, this question of DTV lawsuits has been asked and answered several times on this forum. I would suggest you take advantage of the search feature (rule #1 above).

i have read those posts, and i have read alot of other similar instances which are helpfull, but none of them answer the specific questions that i pose.

about 2-3 years ago, i purchased some equiptment that could be used for satellite signal piracy. it was not my intention to use it for decrypting satellite signals, but to expirament with different test cards. nonetheless, i never recieved the equiptment, and have no such devices in my possession.

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You never recieved it? That's good!! Just show them the refund check or credit to your card and you'll be squared away! Because for the price of these, this is not something a reasonable person would miss...

Or, is this another I paid for them, got them, used them, got the letter, and then ran screaming to get them the hell out of the house before someone came over story?

are you the prosecuting attorney??

my question is, whether i recieved it or not, whether i used it for stealing satellite or not, what exactly is their case?? if i purchased the thing to use it for something else, not even realizing it could come back and haunt me, and recieved it, how does that make me guilty of stealing satellite, even if i do not own a dtv system or have never been a subscriber??

am i guilty untill proven innocent for this, because besides having records from the company that i purchased it from, they have nothing that says i used it for stealing satellite, and have seen nothing to that effect either. all i can say is as of this time right now, i have nothing like that in my possession, but i really have no more proof that i wasnt stealing satellite, than they do that i was. i maintain innocense, but im afraid that it wont matter if i did something illegal or not because of the simple facts that my name is on a list as a purchaser. if there is any way for me to avoid being fined, i would love to because it was years ago, and i dont steal satellite, but that my claim might not be enough, and settleing could be the best thing unfortunately.

am i guilty untill i prove that i am innocent??

all i can say is as of this time right now, i have nothing like that in my possession

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First you never got it, now you just don't have it.

You've been caught in one lie already.

Go see a lawyer and tell them the truth or no one can help you. These cases can carry HEFTY penalties...

dammit bro. quit trying to read between the lines, and just take the words i type for what they say. "all i can say is that i do not have them in my possession right now". thats all i can say or prove at this time. what i am saying is that the ONLY thing i can prove is that i have nothing like that in my possesion. not card programmers, or cards, or even a dtv system. i have never ordered or subscribed to a dtv system or any satellite of any kind. i cant prove that i never recieved them, i cant prove that i never used them for stealing satellite, i cant prove that if i bought them that i did or didnt buy them for somebody else and give them to that person or keep them myself. all i am giving you is exactly what i got. no records, but no equiptment either. this was several years ago when the purchase was made. it may sound like every other person claiming innocense, but therein lies the problem even if i might be the ONE person in the world that is innocent.

now maybe it is likely that i will have to settle, and get f'ed up the *** for never touching a dtv or satellite system, but i am asking if there is any way to avoid this. if the have never caught me, and just assume that i was using it to steal satellite, am i guilty?? am i guilty by probable cause or what?? i got the letter from dtv, 2 days ago, and was given 4 days total to respond and try to settle or fight it. trying to figure out what to do, because i know what i have done, but i dont know if i have a chance in hell of proving it.

If I understand your 'question' correctly, you are basically wanting us to spoon-feed you all the arguments that DTV will use in their case against you. Sorry, but that is NOT the intent or purpose of this forum.

There are LOTS of websites out there (and some by attorneys that are versed in this subject) that already do that. I would suggest you consider reviewing their sites for insight as to what DTV may do.

Some of them are listed at the following site:
http://www.freedomfight.ca/forum/showthread/t-135.html

Related information is also available at:
http://www.legal-rights.org/newwilsonlettertxtNONAMES.html
http://www.legal-rights.org/DTV/classaction.html

no, i had no intent of trying to get spoon fed anything. since this is the first time i have had any legal trouble, im trying to find out as much as i can from people who might know. im simply trying to find out if with the little i can prove, and the only thing they have against me is that they have a record that i purchased this equiptment, is there any point fighting, or should i settle. out of all the questions i have asked, i am still waiting for one to be answered. i have been redirected, and passed judgment on, but still no solid answers. just looking for "free advice", and i figured the best place to get some direct answers in the short time they gave me was this place. i thought THAT was the purpose of this forum. for people to help out and give advice to others seeking legal advise.

Go to the sites Jetx recommended. THEY have the answers you want and need. People have spent YEARS compiling the defenses listed there. The people here just can not match that resource in the time you have allotted.

Why keep arguing and asking the same questions here, they just can not be answered to a degree that would actually help you. Stop your bickering and solve your problem.

You came here looking for advice on how to solve your problem. Advice (in the form of links to the BEST resources for your problem) was given.

We're not going to go those sites, read all the details and then come back here and repost it all for you when you seem to be too lazy to just go there and read it yourself.

Since you seem unable to determine your own 'fate' on this, here are the answers to your questions:

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Your 1st post:

"what ways can dtv use to prove that a) i used it for stealing satellite"
*** They can provide sufficient 'proof' by circumstantial evidence. They can prove that you ordered the product. They can prove that it was shipped. They can argue that those are sufficient to show a reasonable person (or jury) that it is more likely that you used it for the purpose claimed. This is a CIVIL matter and they only have to prove that it is likely you used the product to steal programming.

"i have been in possession of this equiptment"
*** That is again shown by circumstantial evidence of the shipping.

"that the equiptment ever reached my doorstep??"
*** Same as above. But since you claim in your post that you never received the ISO 7816 programmer (see I do know about this!!), then you can simply show your charge back or credit for them not shipping and this all just disappears, huh??

"they will not find any equiptment in my possession if they look"
*** They don't have to.

"so do they have a case, or does direct tv have to prove these things against me by catching me with them or using them."
*** As noted above, they very likely DO have at least the foundation of a provable case against you. Presumably, they can show that YOU ordered the product, that the product was shipped to YOU and that you never disputed the order or receipt of the product. The key is whether you can either counter their claims or show that they are not able to prove the use of the product as they claim.

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Your 2nd post:

"but also, one of the things i am wondering, is will whoever is doing the investigation be able to show if something did or did not arrive to me in the mail, or is there any way that they can show that i had or have possession without seeing me in possession."
*** See above.

"im wondering if there will be a search warrent and so on."
*** VERY unlikely.

"i know i purchased these things, but i dont know if that alone has cornered me or not."
*** Wait a minute.... in your first post you said, "i never recieved the equiptment". Now, with your fear of search warrants, proof of receipt, etc. you are implying that your statement was a lie. So, get your story straight!!

"basically, i dont know if i can or if i have to prove my innocense, or if there is some sort of bullsh!t that they can use to prove me guilty??"
*** Again, see above for the process of them showing that it is more likely than not that you used the programmer to steal THEIR satellite signal.

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Your subsequent posts were basically repeats of the above questions.....

daddy...

...If the device you purchased was flashed with firmware to load DTV cards, as I suspect it was, that is not going to do your argument that you purchased this for something else any good.

mykoleary, if you dont like to answer what you think are "stupid questions", then you dont even have to read them. i simply asked for some advice, not if YOU thought i was guilty by reading between the lines. you decided to pass sentence on me, and try to figure out if my story had holes in it instead of just answering the questions that i posed. i do find most of those links very informative, but you must realize that there are people out there who have specific questions that dont always get covered by another persons experience. the links are great, but it cant hurt to answer a question on your own would it?? i could have searched google if the only thing i was looking for was links.




jetx, thank you. that is all the info i was looking for. not the chewbacca defense, but just those answers. a big help.

about this: "i know i purchased these things, but i dont know if that alone has cornered me or not."
*** Wait a minute.... in your first post you said, "i never recieved the equiptment". Now, with your fear of search warrants, proof of receipt, etc. you are implying that your statement was a lie. So, get your story straight!!

i said "i know i PURCHASED these things". and i did purchase them. in all honesty though, i purchased them and never recieved them myself, because they were for a person who didnt have a credit card. i cant turn this person in, because for one, i havent spoken to him in quite some time (he is in the marines at the moment), and two, i would never turn a someone i know like that, when my name is clearly the one that is linked to the devices. hopefully if i have to settle, i will get some assistance from him one day. but i figure the "buying for a friend" is something that will be way over done, and yet again, not provable, so it looks as if i might have to bite an expensive bullet.

i dont have a fear of a search warrent, but i would like to know what might be coming. privacy is always a concern.

thanks for the answers.