News Archives:

DirecTV loses summary judgment; couldn't prove defendant had all the necessary equipment to steal

This just in: DirecTV has lost a significant case in Texas. The judge threw the case out because DirecTV failed to prove that the defendant had all the necessary equipment in order to steal signal. The defendant admitted he had an unlooper and a satellite dish, but there was no evidence he had ever possessed a DirecTV access card or a DirecTV receiver/decoder, both of which were necessary to pirate signal. If the decision stands, this means that no matter what technology you possess, you may be able to get your case dismissed if DirecTV fails to prove you have every necessary piece in the chain required for interception of its signal.

What to do if you've been threatened by DirecTV

A number of folks have been writing or calling EFF asking what to do if they receive a letter from DirecTV when they have never pirated its signal. EFF does not give out legal advice in these circumstances and cannot represent any DirecTV defendants at this time, but there are a few things one might consider doing in this situation:

1) Take the threat seriously. DirecTV is likely to continue to go after you if you just ignore their letters or lawsuits.
2) Consider contacting a lawyer, preferably one with some experience in these cases and admitted in the federal court district where you live. We've compiled a list of attorneys currently taking DirecTV cases.
3) Collect all evidence you can think of to support your innocence. If there are emails, source code, schematics, bills, receipts, or other written documents that show you did not order, receive, or use the device in the letter, you will need those to substantiate your case. Also, if you did order the device but for a different purpose, consider talking to anyone who might have witnessed such uses and could testify on your behalf.
4) Document your use of cable or satellite systems. If you did not have a DirecTV satellite dish or set-top box during the time when you supposedly had the accused device, that will help your case.

EFF: Court Rules DirecTV Must Prove More Than Possession

Electronic Frontier Foundation Media Release

For Immediate Release: Tuesday, June 15, 2004

Contact:

Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
+1 415 436-9333 x112

Albert A. Zakarian, Esquire
zakarian@tampabay.rr.com
+1 813 251-2200

Court Rules DirecTV Must Prove More than Possession

Based on arguments made by civil liberties group the Electronic Frontier Foundation (EFF) and attorney Albert Zakarian for defendant Mike Treworgy, the Eleventh Circuit Court of Appeals today ruled that DirecTV cannot sue individuals for "mere possession" of technology that is capable of intercepting DirecTV's satellite signal. "We're glad to see the court apply common sense to this issue," said EFF Staff Attorney Jason Schultz. "Merely possessing a device doesn't harm anyone and shouldn't give a company like DirecTV the right to drag you into court without proof that you're actually stealing something from them."

EFF filed an amicus brief in the appeal and maintains further information about the DirecTV legal campaign on the DirecTV Defense website. Defendant Treworgy was represented by Florida attorney Albert Zakarian.

Court Opinion: here
EFF press release on DirecTV halting its campaign against possession earlier this week: here
Brief: here
DirecTV defense website: here
For this release: click here
About EFF

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression and privacy online. EFF is a member-supported organization and maintains one of the most linked-to websites in the world at http://www.eff.org/

DirecTV to Narrow Anti-Piracy Campaign

Electronic Frontier Foundation Media Release

For Immediate Release: Monday, June 14, 2004

Contact:

Jennifer Granick
Clinical Director
Stanford Law School Center for Internet and Society
jennifer@granick.com
+1 650 724-0014

Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
+1 415 436-9333 x112

DirecTV to Narrow Anti-Piracy Campaign

Satellite TV Giant Will No Longer Prosecute Users for Mere Possession

San Francisco, CA and Palo Alto, CA - After discussions with the Electronic Frontier Foundation (EFF) and the Center for Internet and Society (CIS) Cyberlaw Clinic, satellite television giant DirecTV has agreed to modify its nationwide campaign against signal piracy in order to reduce threats and lawsuits against innocent users of smart card technology. Chief among these changes is a promise to no longer sue or threaten to sue people merely for possessing smart card devices.

"American innovators and hobbyists shouldn't have to fear legal action merely for possessing new technologies that have many legitimate uses," said EFF Staff Attorney Jason Schultz. "We're also pleased that DirecTV has agreed to stop targeting general purpose devices in its campaign and will investigate all substantive claims of innocence."

Over the past few years, DirecTV has orchestrated a nationwide legal campaign against hundreds of thousands of individuals, claiming that they were illegally intercepting its satellite TV signal. The company began its crusade by raiding smart card device distributors to obtain their customer lists, then sent over 170,000 demand letters to customers and eventually filed more than 24,000 federal lawsuits against them. Because DirecTV made little effort to distinguish legal uses of smart card technology from illegal ones, EFF and the CIS Cyberlaw Clinic received hundreds of calls and emails from panicked device purchasers.

In August 2003, EFF and CIS created the DirecTV Defense website to provide innocent users and their lawyers with the information necessary to defend themselves. The organizations also began a series of discussions with DirecTV about ways to reform its anti-piracy tactics and protect innocent consumers.

As a result, DirecTV has agreed to make several changes to its campaign. The company will no longer pursue people solely for purchasing smart card readers, writers, general-purpose programmers, and general-purpose emulators. It will maintain this policy into the forseeable future and file lawsuits only against people it suspects of actually pirating its satellite signal. DirecTV will, however, continue to investigate purchasers of devices that are often primarily designed for satellite signal interception, nicknamed "bootloaders" and "unloopers."

DirecTV also agreed to change its pre-lawsuit demand letters to explain in detail how innocent recipients can get DirecTV to drop their cases. The company also promised that it will investigate every substantive claim of innocence it receives. If purchasers provide sufficient evidence demonstrating that they did not use their devices for signal theft, DirecTV will dismiss their cases. EFF and CIS will monitor reports of this process to confirm that innocent device purchasers are having their cases dismissed.

"While EFF still disagrees with DirecTV over other aspects of its campaign, we're pleased that we could find mutual ground on these issues," said CIS Executive Director Jennifer Granick, who represented EFF in the negotiations. "We hope to continue working with DirecTV to resolve the remaining disputes so that everyone can enjoy the benefits of smart card technology."

Smart card readers and their various derivatives have many legitimate uses, including computer security and scientific research.

DirecTV Defense website:

http://www.directvdefense.org/

For this release:

http://www.eff.org/news/archives/2004_06.php#001615

About EFF

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression and privacy online. EFF is a member-supported organization and maintains one of the most linked-to websites in the world at http://www.eff.org/

About Stanford Center for Internet and Society

The Center for Internet and Society (CIS) is a public interest technology law and policy program at Stanford Law School and a part of Law, Science and Technology Program. The CIS brings together scholars, academics, legislators, students, programmers, security researchers, and scientists to study the interaction of new technologies and the law and to examine how the synergy between the two can either promote or harm public goods like free speech, privacy, public commons, diversity, and scientific inquiry. The CIS Cyberlaw Clinic gives Stanford Law School students an opportunity to work with clients on cases and legal projects that involve questions of technology, law and the public interest.

http://cyberlaw.stanford.edu/

Former DirecTV Invesigator files suit against DTV, alleges improprieties

New to the case files page, a former DirecTV investigator has filed a lawsuit,Fisher v. DTv, against his former employer, complaining that he was asked to conduct unethical and possibly illegal activities as part of DTV's End User Campaign. The complaint is quite a read, including allegations that DTV knew that between 5-10% of those threatened with lawsuits were actually innocent.

Another DirecTV RICO Class Action

Another RICO class action (scroll to:"DIRECTV: Faces Racketeering Lawsuit Over Campaign V. TV Piracy") has been filed against DirecTV, claiming it is extorting thousands of people through its End User Enforcement Campaign.

11th Circuit To Hear 2512 Appeal on May 10, 2004

We just received notice from the 11th Circuit that they will hear DirecTV's appeal in the Mike Treworgy case on the 2512 issue on May 10, 2004 in Miami, Florida. Update: We received a corrected calendar from the 11th Circuit. The argument will now be held on Thursday, May 13, 2004. Still in Miami.

EFF files Amicus in DirecTV 11th Circuit Appeal

Electronic Frontier Foundation Media Release

For Immediate Release: Monday, January 12, 2004

Contact:

Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
+1 415 436-9333 x112 (office)

* EFF Defends Right to Own Smart Card Technology

Files Amicus Brief On Behalf of Public in DirecTV Appeal

San Francisco--Defending the right to own and experiment
with general-purpose technology, the Electronic Frontier
Foundation (EFF) today filed a friend-of-the court brief in
an Eleventh Circuit appeals case that will determine whether
satellite giant DirecTV can sue "smart card" technology
owner Mike Treworgy for simply possessing hardware that
enables him to program electronic smart cards.

Smart cards are computer devices that have a multitude of
legitimate purposes, which can also be used illegally to
intercept satellite signals. DirecTV has argued that mere
purchase of smart card programming hardware should
constitute proof that the hardware is being used illegally.

"Computer researchers, network administrators, engineers and
others are using smart card technology in ways that are
perfectly legal, yet DirecTV would have the courts adopt a
theory of guilt-by-purchase," said EFF Staff Attorney Jason
Schultz. "This is not only grossly unjust, it also
threatens to scare legitimate innovators away from an
extremely promising branch of technology."

In the lower court ruling, U.S. District Court Judge John E.
Steele agreed to dismiss DirecTV's possession claim in its
lawsuit against Mr. Treworgy, finding that the company does
not have the authority to decide who can legally own the
technology. DirecTV appealed, making this case the first
such dispute in the country to reach the appellate court
level.

"DirecTV is threatening innocent researchers, hobbyists and
others who have never intercepted a single minute of
DirecTV's transmissions," added Schultz. "This cannot be
what the law intends, and we hope the Eleventh Circuit will
send a strong message to that effect."

DirecTV has sent over 150,000 letters demanding settlements
of $3,500 and up from individuals who purchased smart card
technology. The company has followed this up with over
15,000 lawsuits claiming that mere possession of these
devices is unlawful. As a result, those caught in DirecTV's
dragnet have been forced to choose between paying for a
lawyer and paying for a settlement.

In response to the lawsuits, EFF has partnered with
Stanford's Center for Internet and Society to establish
DirecTVdefense.org, a website aimed at helping innocent
people defend their right to own and use smart card
technology.

Other References

This release

EFF Amicus Brief in DirectTV Inc. v. Mike Treworgy

DirecTV Defense Website Aids Users Caught in Legal Dragnet

DirecTVdefense.org

About EFF:

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at
http://www.eff.org/

Defendant Files Appeal Brief in 11th Circuit

Appellee/Defendant Mike Treworgy filed his appeal brief in the 11th Circuit on the "Count III" mere possession issue.

Oregon Professor Files Amicus In Support of DirecTV's 11th Circuit Appeal

Joseph Metcalfe, a professor at University of Oregeon School of Law has filed an amicus brief in support of DirecTV's 11th Circuit appeal over the 18 U.S.C. 2512/2520 issue. All Amicus in support of defendant are due 7 days after defendant files his brief, which is by January 5.

DirecTV appeals loss of Count III "possession" claim to 11th Circuit

DirecTV has appealed one of its Count III/Section 2512 losses to the 11th Circuit. Their appeal brief is here. The District Court order is here. Defendant's brief is due January 5th. No word yet on if/when the 11th Circuit will hear oral argument.

"Super DMCA" use in States

Recent reports from Florida indicate that DirecTV is now filing cases under that state's recently enacted "super-DMCA" statute. These state laws, primarily sponsored and pushed by the Motion Picture Association of America (MPAA), are purportedly intended to update state cable theft laws. In reality, they create dangerous new state causes of action that companies like DirecTV can use to harass people indiscriminately. Unfortunately, this law passed in Florida in the face of strong opposition by EFF, Public Knowledge, the consumer electronics industry, and many others. Similar laws will be introduced in many more states in the coming months, so stay tuned. Visit EFF's state super-DMCA resources page to find out whether the law has already visited your state. If you hear of DirecTV using these statutes, please write and tell us! State legislators need to know that this is how these statutes are being used!

Another win! This time in Western District of Michigan. From the Opinion (10/22/03): "McFadden has presented evidence showing that he purchased the device from White Viper with the intent of using it for something other than intercepting DirecTV's sattelite transmission. McFadden has also shown that he did not intercept or attempt to intercept DirecTV's satellite transmission. This evidence is sufficient to defeat DirecTV's claims." The docket is here.

Summary Judgment Granted in favor of End User in TX!

In a Memorandum and Order dated October 24, 2003, Judge Sim Lake of the Southern District of Texas, U.S. District Court GRANTED Summary Judgment in favor of Defendant Winston Bush and against DirecTV on all claims in its Complaint. DirecTV v. Winston Bush, Case No.: H-03-1765, Southern District of Texas, Houston Division. The final judgment is brief and to the point. Entry on freedomfight.ca

Leave to appeal in the Treworthy case

Leave to appeal in the Treworthy case (11th Circuit) has been granted pursuant to 1292(b). This appeal will test the question of whether mere possession of devices capable of intercepting DirecTV signal states a civil claim under 18 U.S.C. 2512, or whether DirecTV must prove actual interception. The docket sheet for the appeal is located here. No word yet on when the appeal will be heard.

New Class Action v. DirecTV

A group of California lawyers has filed a new class action lawsuit against DirecTV alleging vioaltions of Federal Racketeering (RICO) Laws based on their current End User enforcement campaign.

Check out the compaint under our "Case Files" section here.

South Carolina Court Dismisses DTV Cases based on "mere possession"

Check out the new postings on the Case Files page, especially the McKay case where the Court dismissed DirecTV's case because they failed to show that the Defendant did anything more than purchase smart card technology. Without evidence that a Defendant also had subscribed to DTV, had a DTV Integrated Receiver/Decoder, and a DTV satellite dish, DTV could not sustain their case.

Updates

Additional attorneys have been added to the Attorney Directory. To submit your practice, please do so here.

Site Launch

Electronic Frontier Foundation Media Release

For Immediate Release: Tuesday, August 12, 2003

Contact:

Jason Schultz
Staff Attorney
Electronic Frontier Foundation
jason@eff.org
+1 415 436-9333 x112

Jennifer Granick
Executive Director
Stanford Law School Center for Internet and Society
jennifer@law.stanford.edu
+1 650 724-0014

Fred von Lohmann
Senior Intellectual Property Attorney
Electronic Frontier Foundation
fred@eff.org
+1 415 436-9333 x123 (office), +1 415 215-6087 (cell)

DirecTV Defense Website Aids Users Caught in Legal Dragnet

Electronic Frontier Foundation, Stanford Law Clinic Sponsors

San Francisco and Palo Alto, CA - A digital rights organization and a Stanford Law School clinic today launched a website providing resources for smart card users targeted by DirecTV's cease-and-desist letters and nearly 9,000 smart-card-related lawsuits.

The Electronic Frontier Foundation (EFF) and Stanford Law School's Center for Internet and Society (CIS) Cyberlaw Clinic published the DirecTV Defense website that provides scientists, researchers, innovators, and their lawyers, with the information necessary to protect their right to own and use multi-purpose technology for legal applications.

Over the past few years, satellite transmission giant DirecTV has launched a nationwide campaign that threatens to bankrupt thousands of Americans and destroy an entire branch of emerging technology. The company has sent hundreds of thousands of demand letters and filed nearly 19,000 federal lawsuits in response to the purchase of smart card readers, emulators, unloopers, reprogrammers, bootloaders, and blockers.

Smart card readers and their various derivatives have many legitimate uses, including computer security and scientific research. However, DirecTV has made no effort to distinguish between these legal uses and illegal satellite theft. As a result, DirecTV has threatened innocent researchers and hobbyists who have never intercepted the satellite giant's signal with legal action unless they pay up.

"DirecTV has threatened a smart card programmer trying to secure his art installation, as well as network administrators and engineers, all of whom are using smart cards for legitimate purposes like security or access control," said EFF Staff Attorney Jason Schultz. "The DirecTV Defense website provides resources to help technology purchasers who aren't doing anything wrong stand up to DirecTV's intimidation tactics because simply using smart card technology is not a crime."

"Developments in smart card technology provide exciting opportunities within a new branch of computer science," said CIS Director Jennifer Granick. "DirecTV should not scare legitimate innovators away from promising new technologies with baseless lawsuits."

Site Map:

The Hunt: What Is DirecTV Doing?
The Law: Which Laws Are Involved?
Devices: Which Devices Are Threatened?
Case Files: Sample Documents from Actual Cases
In the Press: Recent Developments
Resources: Forums and Other Online Resources
Attorney Directory: Defense Attorneys You Can Call
Forum: Discuss Cases and DirecTV
About Us: About EFF and CIS