Tester's Choices

[Corky112]

Well with all the reading I have done on this board, I have come to the conclusion that if you are a tester and you got the "letter" you only have a couple choices in this matter:
1.) Settle, not admiting gilt, but for "piece of mind"
2.) Hire and attorney, admit you tested to him describing what you bought, he'll probally want you to settle.
3.) Lie about testing to your attorney, lie about testing if you get summons to civil court and are questioned about signal theft.
Yes, there are many who bought a iso programmer with a mid level sub or higher, then dropped there package to min sub just after the iso programmer was purchased, you know they have your sub history on file, how is this explained? There are many legit reasons for an iso programer, but do you think the courts will really buy that depending on your job or past employment? The tunnel doesnt look very bright for "end users"

[Lager]

You forgot the option to ignore the letter.

Lager

[CARTERJ]

One post analysts!!

;)

[morgana]

Corky112

Are you saying DTV believes that their services can not be changed to lower viewing requirements, and that if you do you may well be charged as a pirate? The viewing habits may well be lowered as the purchase of a programmer proves you are now involved in computers and things that easily require more of your free time. Less freetime means less things watched on DTV. Now if they make the accusation and can not prove it I would say that is slander and they should very much be sued for that. Their whole campagn is designed to cause you to settle as opposed to fighting because they know that is where they will get the most money from. That is until the courts see the tactics used and then come down hard on them.

We will all have to wait and see what happens from this but I think it will soon be seen

[phoztech]

1. CarterJ dont harass/flame people it is against the rules, especially for a post that actually had at least some thought. and so what if that was his first post everyone has to post something their first time and at least he was not saying "i need a valid bin" or "i need free tv".

2. lowering your subscription can be used against you...true they cant prove anything against just cause you lowered their sub but it may give them a little more info and/or more reason to investigate you and get further evidence.
Plus in the judges mind it makes you look more guilty/liable...remember in civil court there is no such thing as reasonable doubt and guilt... it is all where damages done(liable/Not Liable)? how much of the damages is such and such liable for? basically can they prove that your actions damaged DTV. and then you make your arguement that your action or inaction did not damage DTV... then the judge/jury weighs both arguments and makes a decision.
morgana brings up a good point and/or arguement to be brought before the court and the judge/jury will have to take that into consideration when making his/their decision.

3. ignoring the letter has not been the recommended way of dealign with this.... at the least if they summons you you need to get a lwayer and preferably allready set up a relationship with a lawyer before when you got your first letter... or join the class action lawsuit as alot of people have and i cant wait to see the outcome but this will likely take a very long time and in the meantime DTV will continue their practices.... anyway failure to appear/ignoring the problem will result in a default judgement against you. this takes you into the collections world.... which in itself is a beast.


anyone can feel free correct me on my thought train on liability as this is just what i belive is correct from other readings. and you may find more info on ttrk's site www.legal-rights.org

[Lager]

Yes yes, they can get a default judgement if you ignore the summons. That is wholly different than ignoring the letter. Take a look at the poll in this forum regarding what people have done to this point and tell me that ignoring the letter is a horrible choice.


Lager

[jj62910]

sounds like one post dave to me. i got one and my attorney said ---- them

[Corky112]

All I'am saying is that in the testing community many people have lowered there sub packages to keep a valid bin after the purchase of programers or other such things or have dropped there sub all together. They know this, and as in the previous post, true this cant prove anything, but the credabilty doesnt look all that great on you. I hate to say it but its guilty untill proven innocent.