Warning to Viewsat Owners!!! - ABA DSS

**grasshopper** · September 23rd, 2008

C&P from another site

Warning to Viewsat Owners!!!

It seems that Echostar is playing hardball with Viewsat now and going after end users. If you have a defective Viewsat, DO NOT send it back to Viewsat. They may be trying to get personal information. We will post more updates as we get them.

Quote:

On September 17, 2008, the Court convened a Settlement Conference in the above entitled action. Appearing were Mark Hamer, Esq., Chad Hagan, Esq., JJ Gee and Rob Frankel, client representatives on behalf of plaintiffs; David R. Clark, Esq., Manny Delacerra, Esq., Jung Kwak and Rob Rhine, client representatives on behalf of defendants.

The Court and counsel followed up on the settlement process discussed at the Early Neutral Evaluation Conference. There was also discussion about the preservation of evidence allegedly supporting the plaintiff’s claims and defendant’s defenses. While counsel work on a formal permanent
preservation plan, the Court imposes the following interim plan:

1. Starting September 22, 2008, defendant will preserve the chip from all of the units returned to defendant for repair or warranty work which are accompanied by a check in the approximate amount of $50.00. Defendant will assign a tracking number to each of these chips and record the unit’s serial number and the date of receipt for later transmission to plaintiffs. Defendant will also record the information associated with the person(s) or other entity that has returned the unit for the subject work.

The production of that information will be dealt with by the Court at some future date;

2. By October 6, 2008, defendants will provide a report to plaintiff’s counsel regarding the
chips collected and plaintiff may proceed to purchase any or all of those at $23.00 per
unit for forensic testing; and

3. The Court and counsel will review of the progress of this interim plan, and counsel’s
efforts to come up with a permanent preservation plan, at a telephonic Case Management
Conference set for October 24, 2008 at 10:00 a.m. Plaintiff’s counsel will initiate the
call.

In the interim, counsel have leave to take a Rule 30(b)(6) deposition of defendant’s representative
with regard to repair and warranty return protocols. No later than Monday, September 22, 2008,
plaintiff’s counsel will provide defendants with the Rule30(b)(6) deposition notice describing the
specific areas of inquiry involved. As this deposition is limited in scope and relates to the issue of
preservation of evidence, it is excluded from the limit of ten depositions aside under the Federal Rules.
Counsel are also required to conduct their Rule 26(f) conference and submit their joint discovery
plan by October 24, 2008. At the next conference, the Court will confirm a date for initial disclosures,
and set further dates and deadlines as appropriate.

IT IS SO ORDERED.
Be careful, people!!!

**SoDarkTheCon** · September 23rd, 2008

Thanks for the heads up...i will pass this along to everyone.

**slowboy** · September 23rd, 2008

thnks for the very good info

sully · September 23rd, 2008

so are the viewsats going bye bye, or is the message saying do not return your box if something breaks

jarvisjn · September 23rd, 2008

Reading the lawsuit info, it brings up a pet-peeve with me. This has nothing to do with the lawsuit regarding FTAs just the lawyers:

The title Esq. is short for Esquire. It is a courtesy title used for MEN ONLY. It can be used when the title Mr. or Master isn't (in front of the name).

Esquire has NOTHING to do with being a lawyer. Any man can use it. What really galls me is when female lawyers use this title, how ignorant. It is wrong. I guess lawyers are just dying to get some kind of title to make themselves feel more important than other people. Don't let them steal this too.

**pchurch** · September 23rd, 2008

Thank you This is another reason why this is Number one site for help and info.

newftauser · November 7th, 2008

This just sucks... I bought a pvr7000 in September and I am now having issues with it where I need to return it warranty repair. I am hearing that one of the teams is building a bin that will wipe all areas of the chip.

My understanding is that the "3rd Party" bins extend into areas (memory wize) that the factory bin doesnt touch, so even if you reflash with the factory bin, you will still have "scraps" of information residing within the chip.

Does anyone know if there is going to be a fix or a cleaner bin? If not, I have a 250.00 brick.

I need to call viewsat and see how much they charge for a new motherboard as well.

This just sucks

bald_raining · November 7th, 2008

Quote:

Originally Posted by newftauser

This just sucks... I bought a pvr7000 in September and I am now having issues with it where I need to return it warranty repair. I am hearing that one of the teams is building a bin that will wipe all areas of the chip.

My understanding is that the "3rd Party" bins extend into areas (memory wize) that the factory bin doesnt touch, so even if you reflash with the factory bin, you will still have "scraps" of information residing within the chip.

Does anyone know if there is going to be a fix or a cleaner bin? If not, I have a 250.00 brick.

I need to call viewsat and see how much they charge for a new motherboard as well.

This just sucks

You need an ISO programmer.

**araven100** · January 22nd, 2009

WOW!!!!!! Thanks

**Landscapeman** · January 22nd, 2009

Definitely something to be cautious of.

Knee Dragger · February 8th, 2009

it would be better to dump the $270 brick than to pay for getting caught.
be careful where you do dump it though........

balo · March 7th, 2009

so what I read this little too late; I have aleady sent mine and I already got it back so what do i need to do?

**lewitt14** · March 7th, 2009

have a friend check it out then

balo · March 8th, 2009

what I ment is that I already sent it to Viewsat and Viewsat fixed it; so what will happen next...I mean am I in trouble now?

balo · March 8th, 2009

Thanks a lot

**arboristman** · March 8th, 2009

Quote:

Originally Posted by balo

what I ment is that I already sent it to Viewsat and Viewsat fixed it; so what will happen next...I mean am I in trouble now?

Defendant will assign a tracking number to each of these chips and record the unit’s serial number and the date of receipt for later transmission to plaintiffs. Defendant will also record the information associated with the person(s) or other entity that has returned the Unit for the subject work.

The production of that information will be dealt with by the Court at some future date;

IT IS SO ORDERED.

Mikemall · March 12th, 2009

Quote:

Originally Posted by balo

so what I read this little too late; I have aleady sent mine and I already got it back so what do i need to do?

May be time to get an expensive sub with all the bells and whistles

They may go easy on a "valued customer"

Do they have any way to prove you didn't buy it used off of "craigs List"?

**fossil112** · March 12th, 2009

they can track and issue court orders all they want. unless they find a 3rd party file on your box, there's nothing to worry about.
i'm a viewsat owner and i won't play their silly games.

Knee Dragger · March 12th, 2009

balo; (if they showed up at your house.) you might want to make sure you have no hard drive with recorded materials (movies) on it. you might want to remove your computer from your house that might have incriminating evidence on it.....like bin files (or replace the hard drive.)
if it was from craigslist or the flea market......don't know.
just food for thought.......

**johnnybluedawg** · March 12th, 2009

point ur dish at a true fta sat,,,if they come,,u can claim thats all u ever used it for,,u were ignorant to what u loaded into it,,and that fried ur box,,