Automag
July 18th, 2002, 02:31 PM
Documented Legal Cases
Please be advised that as a Criminal Defense Attorney and a fellow hobbist, please take notice that Dave has never won a single case against a single individual for either possessing smartcard equipment, (Hardware) or Software (Files)
The only cases Dave has won have been cases involving Big companies & a group of individuals who have openly possessed this type of equipment with openly stating the intended purpose to be the use of such equipment for the only purpose of receiving free tv from Directv.
Now, please note & be advised of the following: Which can be backed up with facts of case law and legal briefs that have been field on behalf of Directv in the different jurisdictions.
Dave MUST OVER COME 3 MAJOR HURDDLES BEFORE ANY! ARREST or ARREST WARRANT CAN BE ISSUED BY THE FEDERAL AUTHORITIES on BEHALF OF DAVE and DAVE CAN ONLY SUE IN CIVIL COURT IF! THE CRIMINAL CASE AGAINST YOU CAN BE ESTABLISHED AND/OR DAVE CAN MEET THE CIVIL PROCEDURE REQUIREMENTS IN ORDER TO GET PERMISSION FROM THE COURTS TO SUE YOU>
First, let me begin with the criminal matter. The first and Most important Fact that must be established is "Intent" Authorities must prove the defendant had the intent to violate the law.
Then, in this type of case, they must also prove that the possession of these devices has no other "Legal" purpose and/or use Whatsoever! and if they do, then they must provide proof you or your intent was to use the device in no other manner other than to commit the illegal act.
Now, the cases where they have raided and been successful, it was clearly established that the only purpose of the equipment they were selling was for the purpose of piracy....an illegal act in the US.
However, there was two other vendors who were smart enough to have been in the business of smartcard technology like microsoft and even advertised in smartcard technology magazines..Now of course they main source of sales & profits came from sales of units to Dss customers, but because the units themself were not flashed with any code, the authorities could not establish beyond a reasonable doubt that the units were for the purpose of committing an illegal act...thus, they walked, were given all of their inventory and are Still operating today in Florida, laughing all the way to the bank!!
As for you individuals, unless you are actually caught "Red-Handed" programming your card, video taped programming other people's cards and/or are setup by a friend, it is virtually impossible for you to be arrested and/or sued civily.
Thats why Dave sends out letters....they figure if they get 2-4% response than they are doing well....Do you really think that if Dave and/or the authorities had any proof and or evidence sufficient enough, that they wouldn't have already arrested or sued your sorry ass? Please! Don't insult your own intelligence!
It would literally cost Dave Thousands of dollars to sue you in civil court and than guess what, even if they were successful in getting a judgement! than, just walk across the street to the Bankruptcy court and file bankruptcy listing just Dave's award and keep (Reaffirm) all your good credit and kiss Dave goodbye...
Do you know how many times this has happened to Dave? Well, Just take a look at the company EERON and the accounting firm Arthur Anderson that the Gov't just recently got a civil judgement against for all that money....well.....guess what the company filed for bankruptcy and they won't have to pay a dime and here's the best part, they will still get to keep their assets and most of the company's real estate, etc...so that they can reorganize again and start over!!!
So, why go through all that trouble you say?? Because they want to set an example so that when they go after the little guy, that little guy will now be so scared he/she will just pay whatever fine they want..
Its a great strategy....Ever Read The Art of War! Well if you put your opponet on the defensive and he/she is scare of you before you even do anything, then its much more easier to get what you want....Also, isn't it better to collect little portions from a bunch of people rather than to collect one large sum from just a few?
You bet!, if they can scare you guys into collecting an avg amt of $2-3,000 each and they collect that amount from lets say 50-100,000 individuals through the country, would that be better than collecting an award of $500,000 from one or two individuals? Oh Yeah!!
So listen up, Wipe your ass with the letter you get, Don't make any phone calls to the idiots over at Dave's lawyers or Dave directly, and most of all,.......just keep watching TV, because as long as your watching TV, that means they have no ----ing clue who or where you are because do you really think they wouldn't have jammed your signal and/or send their service rep directly to your home and confront you??
Read the book, The Art of War! Then you'll get an understanding of how Corporate America Thinks! I read it many times throughout Law School, I have Never Lost a Case against either the Cable Co. or DirecTV Here on the East Coast and I have drafted Legal Memo's to other lawyers regarding the law and the requirements & Burdens that the authorities & Dave Must Meet.
Please be advised that as a Criminal Defense Attorney and a fellow hobbist, please take notice that Dave has never won a single case against a single individual for either possessing smartcard equipment, (Hardware) or Software (Files)
The only cases Dave has won have been cases involving Big companies & a group of individuals who have openly possessed this type of equipment with openly stating the intended purpose to be the use of such equipment for the only purpose of receiving free tv from Directv.
Now, please note & be advised of the following: Which can be backed up with facts of case law and legal briefs that have been field on behalf of Directv in the different jurisdictions.
Dave MUST OVER COME 3 MAJOR HURDDLES BEFORE ANY! ARREST or ARREST WARRANT CAN BE ISSUED BY THE FEDERAL AUTHORITIES on BEHALF OF DAVE and DAVE CAN ONLY SUE IN CIVIL COURT IF! THE CRIMINAL CASE AGAINST YOU CAN BE ESTABLISHED AND/OR DAVE CAN MEET THE CIVIL PROCEDURE REQUIREMENTS IN ORDER TO GET PERMISSION FROM THE COURTS TO SUE YOU>
First, let me begin with the criminal matter. The first and Most important Fact that must be established is "Intent" Authorities must prove the defendant had the intent to violate the law.
Then, in this type of case, they must also prove that the possession of these devices has no other "Legal" purpose and/or use Whatsoever! and if they do, then they must provide proof you or your intent was to use the device in no other manner other than to commit the illegal act.
Now, the cases where they have raided and been successful, it was clearly established that the only purpose of the equipment they were selling was for the purpose of piracy....an illegal act in the US.
However, there was two other vendors who were smart enough to have been in the business of smartcard technology like microsoft and even advertised in smartcard technology magazines..Now of course they main source of sales & profits came from sales of units to Dss customers, but because the units themself were not flashed with any code, the authorities could not establish beyond a reasonable doubt that the units were for the purpose of committing an illegal act...thus, they walked, were given all of their inventory and are Still operating today in Florida, laughing all the way to the bank!!
As for you individuals, unless you are actually caught "Red-Handed" programming your card, video taped programming other people's cards and/or are setup by a friend, it is virtually impossible for you to be arrested and/or sued civily.
Thats why Dave sends out letters....they figure if they get 2-4% response than they are doing well....Do you really think that if Dave and/or the authorities had any proof and or evidence sufficient enough, that they wouldn't have already arrested or sued your sorry ass? Please! Don't insult your own intelligence!
It would literally cost Dave Thousands of dollars to sue you in civil court and than guess what, even if they were successful in getting a judgement! than, just walk across the street to the Bankruptcy court and file bankruptcy listing just Dave's award and keep (Reaffirm) all your good credit and kiss Dave goodbye...
Do you know how many times this has happened to Dave? Well, Just take a look at the company EERON and the accounting firm Arthur Anderson that the Gov't just recently got a civil judgement against for all that money....well.....guess what the company filed for bankruptcy and they won't have to pay a dime and here's the best part, they will still get to keep their assets and most of the company's real estate, etc...so that they can reorganize again and start over!!!
So, why go through all that trouble you say?? Because they want to set an example so that when they go after the little guy, that little guy will now be so scared he/she will just pay whatever fine they want..
Its a great strategy....Ever Read The Art of War! Well if you put your opponet on the defensive and he/she is scare of you before you even do anything, then its much more easier to get what you want....Also, isn't it better to collect little portions from a bunch of people rather than to collect one large sum from just a few?
You bet!, if they can scare you guys into collecting an avg amt of $2-3,000 each and they collect that amount from lets say 50-100,000 individuals through the country, would that be better than collecting an award of $500,000 from one or two individuals? Oh Yeah!!
So listen up, Wipe your ass with the letter you get, Don't make any phone calls to the idiots over at Dave's lawyers or Dave directly, and most of all,.......just keep watching TV, because as long as your watching TV, that means they have no ----ing clue who or where you are because do you really think they wouldn't have jammed your signal and/or send their service rep directly to your home and confront you??
Read the book, The Art of War! Then you'll get an understanding of how Corporate America Thinks! I read it many times throughout Law School, I have Never Lost a Case against either the Cable Co. or DirecTV Here on the East Coast and I have drafted Legal Memo's to other lawyers regarding the law and the requirements & Burdens that the authorities & Dave Must Meet.