lawsuits against fta manufacturers records compiled. - ABA DSS

**arboristman** · July 18th, 2007

before rumors start.here are the facts.

ViewSat /TDG have been served with legal papers from Dishnetwork

who knows if or when this will go to court.

here is the pdf file that explains it.

**woodcreeker** · July 18th, 2007

Well, they tried to take these devices to court, before, and lost. I believe that was back in the Spring of 2005.

Because they are computing devices like many others are, I do not see any cause for concern. They could outlaw mp3 players, ipods, the new pmp players, and well, start outlawing computers in general.

Not going to happen.

All I can say is...

This is all they have left, litigation to cause some concern !!

**arboristman** · July 19th, 2007

time will tell buddy

**RICKSBEACH** · July 19th, 2007

Yeah...and then who will be next.
Its all about money..just like everything else, who has there hands in whos pockets.

**arboristman** · July 19th, 2007

ya,this could be tied up in court for years even,i mean who knows.

**admindv** · July 20th, 2007

well i'm not going to tell you this is Bull ****. But this is total bull****. this is the same type of thing they tried to do with the VCR when it was made. The part of the DMCA that they site is this

Quote:

(b) Additional violations.
(1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product,
service, device, component, or part thereof, that--
(A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;
(B) has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion
thereof; or
(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof.

The tv stations did this same thing to the VCR where they said the only thing that the VCR was built for was to promote the illegal recording of copyrighted works on TV. The court said that was BS then because the VCR has tons of other commercially prevalent uses such as taping non copyrighted material, copying or archiving other VHS tapes, etc.

I think this is largely a tactic to freak out the online community that utilize FTA equipment. By mentioning the people by name and by mentioning specific websites the lawyers are attempting to scare people. i can't see any of this going anywhere. Next week when i am done with the project i am working on, i will draft a memo about this which shows the relevant portions of the law that they are citing to and how they cannot reasonably believe that this will get any real consideration

Arbor, i appreciate you bringing the news about this because it is of note in the industry, but please be careful because your posts are sort of alarming to many people who may not understand the whole thing

**coorslightly** · July 20th, 2007

im sure people will take things with a grain of salt. anytime lawsuit is mentioned a person cringes, gets startled or worries . like the old cliche i will sue! all hype! cooler heads always prevail. litigation in courts take time in the mean time everyone will be watching tv for quite a while.

**perezcuco** · July 20th, 2007

I agree 100% with you adm. This all is BS.
You can download from the web any program that costs more than 1000.00 and download the key generator, for free. So the "FTA" will keep running as well.

**derby62** · July 20th, 2007

And don't forget it still took Miller to bring the taste to light!!!!!!!!!!!!!

**grasshopper** · September 20th, 2007

Panrarex Inc. (Pansat) got sued // 2007-09-18
This lawsuit happened on Sept 11 2007 and details are coming in..... First going after Viewsat, Echostar decided to sue Panarex which is parent company of the FTA receiver Pansat.

Here is the information on the case.

Echostar Satellite L.L.C. et al v. Panarex, Inc. et al
Plaintiffs: Echostar Satellite L.L.C., Echostar Technologies Corporation and Nagrastar L.L.C.
Defendants: Panarex, Inc. and Does

Case Number: 2:2007cv05897
Filed: September 11, 2007

Court: California Central District Court
Office: Western Division - Los Angeles Office [ Court Info ]
County: XX US, Outside California
Presiding Judge: George P. Schiavelli
Referring Judge: Paul L. Abrams

Nature of Suit: Other Statutes - Cable/Satellite TV
Cause: 28:1331 Fed. Question
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff

Here is the url Justia Federal District Court Filings and Dockets

basscat02 · September 20th, 2007

WOW! You guys are amazing with the information you come up with. Thanks for this info GRASSHOPPER, interesting stuff, kinda scary though.
basscat

RENEGADECARR · September 20th, 2007

Why Is It Scary?? The Court Action Has Been Ongoing For A Long Time. Each Side Wins A Little So That The Other Side Has To Go Back To Court. New Dates For The Action Have To Be Filed For Each New Question.

The Ultimate Winners Any One In The So Called Legal Profession . Because The Costs And Expences Are Tremendous.

Renegadecarr

**odmillan** · September 20th, 2007

If satellite tv wasn't so **** expensive I would very gladly pay for it. But with so much advertisement, long commercial breaks, infomercials that last all night long, and prices that go well beyond $100 per month for some decent channels, I much rather stick with my FTA receiver. My question is: if you were able to obtain everything that you currently get for less than $50, would you get it legit?

pepito23 · October 8th, 2007

This is just great news. Thanx Bro

biker52 · October 8th, 2007

Odmillan I pay 85.00 a month and I have done so for over 15 years.I think they are getting plenty off of me.

lilcap · October 8th, 2007

Quote:

If satellite tv wasn't so **** expensive I would very gladly pay for it. But with so much advertisement, long commercial breaks, infomercials that last all night long, and prices that go well beyond $100 per month for some decent channels, I much rather stick with my FTA receiver. My question is: if you were able to obtain everything that you currently get for less than $50, would you get it legit?

I would in a heartbeat.......what's even more amazing though is the fact that here in North America, we are the only ones that pay for tv like that. A lot of the very same stations we pay for here are broadcasted free overseas....and the stations originate here....go figure huh?

**grasshopper** · October 12th, 2007

Not long ago, EchoStar notified its authorized dealer chain to refrain from selling free-to-air receivers because the act violates company policy. Undoubtedly the move comes as a response to its current legal battle with FTA receiver distributor Viewtech.

This week, EchoStar asked that a federal judge in San Diego throw out Viewtech's request to have the satellite company's lawsuit against it dismissed. EchoStar's suit, filed earlier this year, claims Viewtech knowingly designs, manufactures and distributes FTA receivers to purposely allow users to steal DISH Network TV service - a violation of the Digital Millennium Copyright Act.

EchoStar said Viewtech developed software that users can download that transforms the otherwise legal receivers into signal piracy tools. In Viewtech's request to have the original lawsuit thrown out, the technology firm claimed EchoStar does not own the copyrights to the programming DISH Network distributes. EchoStar asked the court to reject that notion as well.

In other EchoStar legal news, the satellite company added more names to its list of end users it has sued for allegedly pirating DISH Network's signals. The company filed a lawsuit against Florida resident Miguel Garcia and two Illinois residents Andrew and Beth McSkimming alleging the unauthorized customers used modified receivers to steal DISH programming.

According to reports, EchoStar decided to pursue both cases after Garcia and the McSkimmings returned receivers to the company and it found them to be altered. The lawsuits claim the consumers also violated the Digital Millennium Copyright Act and the Communications Act of 1934.

**jigjag** · October 12th, 2007

Good info to know
Thanks

**arboristman** · October 12th, 2007

viewsat makes 100% legal FTA receivers.
if they can prove viewsat are the ones making 3rd part bins to open up dn then that will be their problem.
but that is true,ecostar does NOT own the copyrights of dn.
so we will see.
i don't see how they can have any grounds.

**grasshopper** · October 16th, 2007

Viewsat / Viewtech Case