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View Full Version : Satellite dealers lose court bid.. Toronto Star May11th


denverb2b
May 12th, 2002, 12:38 PM
Peddlers of U.S. signals face fresh police action
John McKay
canadian press
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Peddlers of black-market satellite TV technology have lost their latest court effort to stave off RCMP investigations into their business dealings.

An Ontario Superior Court judge declined yesterday to extend an earlier seven-day injunction that was holding off any police enforcement of the law.

The hearing followed a Supreme Court of Canada decision two weeks ago that seemed to say, once and for all, that the businesses were in violation of the federal Radiocommunication Act.

"It's another victory in a long string for us," said Ian Gavaghan, senior vice-president and general counsel at Bell ExpressVu, one of the country's two officially sanctioned direct-to-home satellite TV services.

"Our hope is the RCMP will start initiating enforcement activities as soon as possible. We also hope the government of Canada will take the opportunity to continue educating the public why this is an illegal activity."

In recent court decisions in Quebec and British Columbia, judges have also ruled that the gray market — so-called because of its legal uncertainty — is now definitely black.

Representing an intervener group called the Canadian Association for Freedom of Information and Ideas, communications lawyer Ian Angus also failed in an attempt to bring a new case of his own before a judge in Winnipeg last week.

The Toronto ruling came the day after lawyer Alan Gold, representing dish dealers in Ontario, met with them at a suburban Toronto hotel to lay out the situation.


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`It's total censorship on Bell's part. They're trying to tell us what to watch. You either watch Bell or you get cable and that's it. '

Joe Varano,

Canadian Satellite Dealers Alliance

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"It's total censorship on Bell's part," Joe Varano of Woodbridge, head of the Canadian Satellite Dealers Alliance, said yesterday. "They're trying to tell us what to watch. You either watch Bell or you get cable and that's it."

Varano said he has been gathering considerable support for their cause but indicated that they may go offshore to continue doing business.

Another Toronto-area satellite dealer, Adam ----er, said he planned to close his three Satan's Playhouse locations for fear of prosecution. "We're not going to do anything illegal in Canada."

----er said he would continue selling Star Choice Communications products, the other legal option available to the dealers, when he reopens.

The outcome is the latest twist in a convoluted battle that began years ago — before ExpressVu and Star Choice were licensed — and when many Canadian TV watchers were starving for the content available only on foreign services.

After various legal interpretations were handed down in provincial courtrooms, the Supreme Court declared April 26 that anyone who sells technology that allows consumers to effectively hack into the encrypted signals of U.S.-based direct-to-home services, including DirecTV and EchoStar, is breaking federal law.



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"It's another victory in a long string for us," said Ian Gavaghan, senior vice-president and general counsel at Bell ExpressVu, one of the country's two officially sanctioned direct-to-home satellite TV services.

"Our hope is the RCMP will start initiating enforcement activities as soon as possible. We also hope the government of Canada will take the opportunity to continue educating the public why this is an illegal activity."
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TTRK or GS2 one of you said the judge had no evidence that the government or RCMP or OPP will go after anyone who are using DTV or US satellites, well here is your proof above on there intentions coulwe not use this against them? Also im readin all these newspaper articles ands they are seeming to say its over there is no hope no more, Also I was reading in this forum were the judges at the injunction hearings were saying there is a serious issue but yet in this article it states them saying

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In recent court decisions in Quebec and British Columbia, judges have also ruled that the gray market — so-called because of its legal uncertainty — is now definitely black.
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So do we really stand a chance or is every Judge just going to follow the Supreme Courts decision and shut this whole issue down for good?

ELF-CO
May 12th, 2002, 02:35 PM
If the politicians have their way, we do not have a chance. But public opinion would certainly be quite different if the newspapers actually printed the "REAL" legal ramifications to this latest ruling, and why it should be fought.

In both the articles you just posted, the papers are saying that "dealers" of the technology to defeat the signal are now breaking the law... when the reality is, even an end-user that goes and subscribes is breaking the law too. It would be nice if the papers got the facts straight about what the fight is all about... and not just post the "dealer" this and the "dealer" that stance.

I think the public opinion poll would be quite different if all the possible consumers in Canada were fully aware of what the Supreme Court just did in regards to censorship and the Canadian freedom of choice. That is the kind of press the Canadian public deserves to read about, in order to get the clear picture of what their government and big corporations like Bell have in store for them in the future. Guess we shouldn't expect much from the media, since the key figures fighting against us OWN most of them!

I wonder what's next? Will they rule that the internet is legal, so long as we don't surf outside of the Canadian boundary? Sheesh...