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[Discuss-gnuradio] own a smart card programmer go to jail?
From: |
Stephen Nichols |
Subject: |
[Discuss-gnuradio] own a smart card programmer go to jail? |
Date: |
Mon, 12 Jan 2004 20:05:25 -0600 |
Wonder how long it will be before something like this is
directed at programmable radios ?
----------
* 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 believes 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.
For the full media release:
<http://www.eff.org/directvdefense/20040112_eff_pr.php>
- [Discuss-gnuradio] own a smart card programmer go to jail?,
Stephen Nichols <=