RiseStar
August 31st, 2000, 05:53 PM
Crawford, McKenzie, McLean & Wilford
BARRISTERS × SOLICITORS × NOTARIES
Don J. Crawford, Q.C., B.A., LL.B. P.O. Box 520,
K. William McKenzie, B.A., LL.B. 40 Coldwater Street East
William G. McLean, B.A., LL.B. Orillia, Ontario L3V 6K4
Karen L. Wilford, LL.B.
Sheri L. Tornosky, B.A., LL.B. Telephone (705) 325-2753
Patrick J. Lassaline, B.A., LL.B. Telefax (705) 325-4913
Timothy G. Anderson, B.A., LL.B.
Gregory Cheung, B.A., LL.B. Internet: mclaw@mclaw.ca
Douglas R. Downey, B.A., M.A., LL.B. www.mclaw.ca (http://www.mclaw.ca)
Susan C. Reed, LL.B.
Counsel: Hon. Doug Lewis, Q.C., F.C.A., P.C.
August 31, 2000
BY EMAIL TO xxxx@xxxx.xxx and by REGULAR MAIL
(Name removed)
(Address Removed)
Re: Website known as “DSSCHAT.COM”
Advertisements for Counterfeit Access Cards (Sometimes Referred to as “DSS Test Cards” or “Smart Cards”),
Software, Technical Assistance and/or Other Illegal Satellite Signal Theft Devices
Dear Technical Staff and Advertising Director:
We represent News Datacom Ltd. and NDS Americas, Inc. in the investigation of and litigation regarding
unauthorized reception and use of satellite television programming, including the manufacture, distribution and
sale of counterfeit access cards (sometimes referred to as “test cards,” “smart cards” or “H cards) and other illegal
signal theft devices and technologies (e.g., programmers, unloopers software, etc.).
The internet web site located at the URL “DSSCHAT.COM” is currently running advertisements for
counterfeit or compromised satellite access cards, software, technical assistance and/or other illegal devices as
well as services which permit or assist persons in Canada to decode encrypted subscription programming signals
which are transmitted via satellite in contravention of the Radiocommunication Act R.S.C. 1985 and amendments
thereto. Generally speaking the devices and/or services which are being offered also cause or contribute to
infringement of copyright rights of our clients and others while also constituting intentional interference with the
business relations of these companies.
Photocopies of certain pages that can be viewed on this web site are enclosed in the version of this letter
that is mailed to you. We refer you to the following sections of The Radiocommunication Act:
SECTION 9.
Prohibitions
9. (1) No person shall
(c) decode an encrypted subscription programming signal or encrypted network feed otherwise than under and in
accordance with an authorization from the lawful distributor of the signal or feed;
SECTION 10.
Offences
10. (1) Every person who
(b) without lawful excuse, manufactures, imports, distributes, leases, offers for sale, sells, installs, modifies,
operates or possesses any equipment or device, or any component thereof, under circumstances that give rise to a
reasonable inference that the equipment, device or component has been used, or is or was intended to be used, for
the purpose of contravening section 9,
is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not
exceeding five thousand dollars or to imprisonment for a term not exceeding one year, or to both, or, in the case of
a corporation, to a fine not exceeding twenty-five thousand dollars.
We refer you to the following sections of the Criminal Code of Canada. We would point out that in our
opinion the decoding systems which use the devices you are offering for sale are computers and that the activities
we describe contravene the following sections of the criminal code:
SECTION 342.1
Unauthorized use of computer
342.1 (1) Every one who, fraudulently and without colour of right,
(a)
obtains, directly or indirectly, any computer service,
(b)
by means of an electro-magnetic, acoustic, mechanical or other device,
intercepts or causes to be intercepted, directly or indirectly, any
function of a computer system,
(c)
uses or causes to be used, directly or indirectly, a computer system
with intent to commit an offence under paragraph (a) or (b) or an
offence under section 430 in relation to data or a computer system, or
(d)
uses, possesses, traffics in or permits another person to have access to
a computer password that would enable a person to commit an offence
under paragraph (a), (b) or (c)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an
offence punishable on summary conviction.
SECTION 342.2
Possession of device to obtain computer
service
342.2 (1) Every person who, without lawful justification or excuse, makes, possesses, sells, offers for sale or
distributes any instrument or device or any component thereof, the design of which renders it primarily useful for
committing an offence under section 342.1, under circumstances that give rise to a reasonable inference that the
instrument, device or component has been used or is or was intended to be used to commit an offence contrary to
that section,
(a)
is guilty of an indictable offence and liable to imprisonment for a term
not exceeding two years; or
SECTION 380.
Fraud
380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within
the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or
valuable security or any service,
(a)
is guilty of an indictable offence and liable to a term of imprisonment
not exceeding ten years, where the subject-matter of the offence is a
testamentary instrument or the value of the subject-matter of the
offence exceeds five thousand dollars; or
(b)
is guilty
(i)
of an indictable offence and is liable to imprisonment for a term
not exceeding two years, or
(ii)
of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed
five thousand dollars.
SECTION 430.
Mischief
430. (1) Every one commits mischief who wilfully
(b)
renders property dangerous, useless, inoperative or ineffective;
Mischief in relation to data
(1.1) Every one commits mischief who wilfully
(b)
renders data meaningless, useless or ineffective;
(c)
obstructs, interrupts or interferes with the lawful use of data; or
(b)
is guilty of an offence punishable on summary conviction.
The activities described also constitute infringement of sections of Copyright Act:
The activities, services and wares described on the web site mentioned above contravene these laws. In
addition the service and wares offered on these sites constitute unlawful interference with the business and
contractual relations of our clients and their customers.
Our searches have determined that you or your business is an internet provider which is storing,
supporting, servicing, and/or maintaining the abovementioned web site. This will therefore constitute notice that
(1) informs you that illegal activities are taking place through or in conjunction with your service and (2) demands
that you immediately stop supporting, publishing, or maintaining this web site.
We note that the Canadian Association of Internet Providers has published a ‘Code of Conduct’ which
states:
“5. CAIP members will not knowingly host illegal content. CAIP members will share information
about illegal content for this purpose.
6. Although Internet providers are unable to monitor all content, CAIP members will make a
reasonable effort to investigate legitimate complaints about alleged illegal content or network
abuse, and will take appropriate action.”
We trust that this is a philosophy shared by your organization.
The individuals responsible for the web site are using your service to promote and carry on their illegal
activities including an unlawful scheme to distribute, sell or modify access cards and/or other illegal DTH signal
theft devices. Accordingly, News Datacom and NDS Americas demand that you immediately take such actions as
are necessary so that the web site is no longer made available by using your service.
Without limiting the generality of the foregoing we demand that the internet site be removed from your
service and that you do not support it in any way. This would mean that you
a.would not allow the website or any part of it to be stored on your server or system;
b.would not allow any of your promotional or other materials to refer to the site;
c.would not support any links, pages or data with offending meta-tags or any other arrangements that might
direct those seeking access to the site to any other location for access to the site;
d.would not allow any caching or other arrangements to allow access to the site even if it is now or later
stored, accessed or cached on another server;
e.would not give any technical assistance henceforth that would have the effect of supporting, constructing,
amending, or altering the site;
f.would file notices confirming the take-down of the website with all search engines, promotional services or
other parties to whom you may have provided information regarding the website;
g.would not assist those who support or own the site by providing technical or practical assistance in
relocating the site or redirecting traffic to any relocated site; and.
h.would not provide any further advice or assistance to the website owner or directing mind that would
assist or support the commission of the offences set out herein.
Please be aware that News Datacom and NDS Americas take seriously all threats to the integrity of their
satellite transmissions and encryption technologies. The companies intend to pursue vigorously all available legal
remedies against individuals and businesses involved in counterfeiting, cloning, modifying, selling, or offering for
sale any devices which contravene the Radiocommunication Act or interfere with my client’s business.
We appreciate that you may not have previously had knowledge of the illegal activities Hopefully this
matter can be resolved amicably and you will immediately remove the site from your system and confirm that you
have done so. Alternatively you may wish to schedule a meeting or telephone conference in the next few days to
discuss your response to this letter. Of course such a conference would be without prejudice to the respective
rights of all parties and it would be helpful if you have your legal counsel participate. Please call Ms. Sunny Ware
at my office to make the arrangements. Alternatively you may wish to respond by email to mclaw@mclaw.ca
We look forward to your cooperation in this matter
Yours truly,
Crawford, McKenzie, McLean, & Wilford K. William McKenzie
BARRISTERS × SOLICITORS × NOTARIES
Don J. Crawford, Q.C., B.A., LL.B. P.O. Box 520,
K. William McKenzie, B.A., LL.B. 40 Coldwater Street East
William G. McLean, B.A., LL.B. Orillia, Ontario L3V 6K4
Karen L. Wilford, LL.B.
Sheri L. Tornosky, B.A., LL.B. Telephone (705) 325-2753
Patrick J. Lassaline, B.A., LL.B. Telefax (705) 325-4913
Timothy G. Anderson, B.A., LL.B.
Gregory Cheung, B.A., LL.B. Internet: mclaw@mclaw.ca
Douglas R. Downey, B.A., M.A., LL.B. www.mclaw.ca (http://www.mclaw.ca)
Susan C. Reed, LL.B.
Counsel: Hon. Doug Lewis, Q.C., F.C.A., P.C.
August 31, 2000
BY EMAIL TO xxxx@xxxx.xxx and by REGULAR MAIL
(Name removed)
(Address Removed)
Re: Website known as “DSSCHAT.COM”
Advertisements for Counterfeit Access Cards (Sometimes Referred to as “DSS Test Cards” or “Smart Cards”),
Software, Technical Assistance and/or Other Illegal Satellite Signal Theft Devices
Dear Technical Staff and Advertising Director:
We represent News Datacom Ltd. and NDS Americas, Inc. in the investigation of and litigation regarding
unauthorized reception and use of satellite television programming, including the manufacture, distribution and
sale of counterfeit access cards (sometimes referred to as “test cards,” “smart cards” or “H cards) and other illegal
signal theft devices and technologies (e.g., programmers, unloopers software, etc.).
The internet web site located at the URL “DSSCHAT.COM” is currently running advertisements for
counterfeit or compromised satellite access cards, software, technical assistance and/or other illegal devices as
well as services which permit or assist persons in Canada to decode encrypted subscription programming signals
which are transmitted via satellite in contravention of the Radiocommunication Act R.S.C. 1985 and amendments
thereto. Generally speaking the devices and/or services which are being offered also cause or contribute to
infringement of copyright rights of our clients and others while also constituting intentional interference with the
business relations of these companies.
Photocopies of certain pages that can be viewed on this web site are enclosed in the version of this letter
that is mailed to you. We refer you to the following sections of The Radiocommunication Act:
SECTION 9.
Prohibitions
9. (1) No person shall
(c) decode an encrypted subscription programming signal or encrypted network feed otherwise than under and in
accordance with an authorization from the lawful distributor of the signal or feed;
SECTION 10.
Offences
10. (1) Every person who
(b) without lawful excuse, manufactures, imports, distributes, leases, offers for sale, sells, installs, modifies,
operates or possesses any equipment or device, or any component thereof, under circumstances that give rise to a
reasonable inference that the equipment, device or component has been used, or is or was intended to be used, for
the purpose of contravening section 9,
is guilty of an offence punishable on summary conviction and is liable, in the case of an individual, to a fine not
exceeding five thousand dollars or to imprisonment for a term not exceeding one year, or to both, or, in the case of
a corporation, to a fine not exceeding twenty-five thousand dollars.
We refer you to the following sections of the Criminal Code of Canada. We would point out that in our
opinion the decoding systems which use the devices you are offering for sale are computers and that the activities
we describe contravene the following sections of the criminal code:
SECTION 342.1
Unauthorized use of computer
342.1 (1) Every one who, fraudulently and without colour of right,
(a)
obtains, directly or indirectly, any computer service,
(b)
by means of an electro-magnetic, acoustic, mechanical or other device,
intercepts or causes to be intercepted, directly or indirectly, any
function of a computer system,
(c)
uses or causes to be used, directly or indirectly, a computer system
with intent to commit an offence under paragraph (a) or (b) or an
offence under section 430 in relation to data or a computer system, or
(d)
uses, possesses, traffics in or permits another person to have access to
a computer password that would enable a person to commit an offence
under paragraph (a), (b) or (c)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an
offence punishable on summary conviction.
SECTION 342.2
Possession of device to obtain computer
service
342.2 (1) Every person who, without lawful justification or excuse, makes, possesses, sells, offers for sale or
distributes any instrument or device or any component thereof, the design of which renders it primarily useful for
committing an offence under section 342.1, under circumstances that give rise to a reasonable inference that the
instrument, device or component has been used or is or was intended to be used to commit an offence contrary to
that section,
(a)
is guilty of an indictable offence and liable to imprisonment for a term
not exceeding two years; or
SECTION 380.
Fraud
380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within
the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or
valuable security or any service,
(a)
is guilty of an indictable offence and liable to a term of imprisonment
not exceeding ten years, where the subject-matter of the offence is a
testamentary instrument or the value of the subject-matter of the
offence exceeds five thousand dollars; or
(b)
is guilty
(i)
of an indictable offence and is liable to imprisonment for a term
not exceeding two years, or
(ii)
of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed
five thousand dollars.
SECTION 430.
Mischief
430. (1) Every one commits mischief who wilfully
(b)
renders property dangerous, useless, inoperative or ineffective;
Mischief in relation to data
(1.1) Every one commits mischief who wilfully
(b)
renders data meaningless, useless or ineffective;
(c)
obstructs, interrupts or interferes with the lawful use of data; or
(b)
is guilty of an offence punishable on summary conviction.
The activities described also constitute infringement of sections of Copyright Act:
The activities, services and wares described on the web site mentioned above contravene these laws. In
addition the service and wares offered on these sites constitute unlawful interference with the business and
contractual relations of our clients and their customers.
Our searches have determined that you or your business is an internet provider which is storing,
supporting, servicing, and/or maintaining the abovementioned web site. This will therefore constitute notice that
(1) informs you that illegal activities are taking place through or in conjunction with your service and (2) demands
that you immediately stop supporting, publishing, or maintaining this web site.
We note that the Canadian Association of Internet Providers has published a ‘Code of Conduct’ which
states:
“5. CAIP members will not knowingly host illegal content. CAIP members will share information
about illegal content for this purpose.
6. Although Internet providers are unable to monitor all content, CAIP members will make a
reasonable effort to investigate legitimate complaints about alleged illegal content or network
abuse, and will take appropriate action.”
We trust that this is a philosophy shared by your organization.
The individuals responsible for the web site are using your service to promote and carry on their illegal
activities including an unlawful scheme to distribute, sell or modify access cards and/or other illegal DTH signal
theft devices. Accordingly, News Datacom and NDS Americas demand that you immediately take such actions as
are necessary so that the web site is no longer made available by using your service.
Without limiting the generality of the foregoing we demand that the internet site be removed from your
service and that you do not support it in any way. This would mean that you
a.would not allow the website or any part of it to be stored on your server or system;
b.would not allow any of your promotional or other materials to refer to the site;
c.would not support any links, pages or data with offending meta-tags or any other arrangements that might
direct those seeking access to the site to any other location for access to the site;
d.would not allow any caching or other arrangements to allow access to the site even if it is now or later
stored, accessed or cached on another server;
e.would not give any technical assistance henceforth that would have the effect of supporting, constructing,
amending, or altering the site;
f.would file notices confirming the take-down of the website with all search engines, promotional services or
other parties to whom you may have provided information regarding the website;
g.would not assist those who support or own the site by providing technical or practical assistance in
relocating the site or redirecting traffic to any relocated site; and.
h.would not provide any further advice or assistance to the website owner or directing mind that would
assist or support the commission of the offences set out herein.
Please be aware that News Datacom and NDS Americas take seriously all threats to the integrity of their
satellite transmissions and encryption technologies. The companies intend to pursue vigorously all available legal
remedies against individuals and businesses involved in counterfeiting, cloning, modifying, selling, or offering for
sale any devices which contravene the Radiocommunication Act or interfere with my client’s business.
We appreciate that you may not have previously had knowledge of the illegal activities Hopefully this
matter can be resolved amicably and you will immediately remove the site from your system and confirm that you
have done so. Alternatively you may wish to schedule a meeting or telephone conference in the next few days to
discuss your response to this letter. Of course such a conference would be without prejudice to the respective
rights of all parties and it would be helpful if you have your legal counsel participate. Please call Ms. Sunny Ware
at my office to make the arrangements. Alternatively you may wish to respond by email to mclaw@mclaw.ca
We look forward to your cooperation in this matter
Yours truly,
Crawford, McKenzie, McLean, & Wilford K. William McKenzie