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Thread: Endusers Sued

  1. #31
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    Oh yeah, I forgot to mention that that was the situation for people who bought hardware. Now a days, they have Joe Blow in a pretty bad situation. When Joe Blow purchases services from someone like Dark-Angel, it is going to be hard for him to say that he had no illegal intent being places like Dark-Angel do not sell any legitimate services. And despite what places like Dark-Angel tell you, they do keep records of their customers and those records to make it into the providers hands. Even handy logs that show that Joe Blow had connected to the illegal services have been known to find their way into the providers hands. Mr. Tabish can attest to that.

    -FH

  2. #32
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    Quote Originally Posted by FireHydrant View Post
    No, intent is not enough to rule in favor of the plaintiff. But the situation usually goes like this. Joe Blow orders pirate equipment. Joe Blow uses pirate equipment for illegal things. Pirate equipment gets raided and Joes name is turned over to the plaintiff. The plaintiff can reasonably assume that Joe bought the pirate equipment(and most of who they go after are people who have purchased equipment from a site who promotes the illegal activity in one way shape or form, but that is not always the case), and send Joe a demand letter. Joe then had to take the gamble that if he has used it for illegal activity, that he can go to court and hope they have no real evidence, and face huge amounts of money to pay to the plaintiff. Or Joe can settle for much much less to get it behind him. If Joe consults an attorney, he will more than likely be reminded the penalties of perjury and has more incentive to settle out of court. Now if Joe Blow is the kind of guy who purchases pirate equipment for the fun of it, and never actually done anything illegal with the pirate equipment, Joe can weigh out the cost of an attorney to fight the good fight, or pay the $3k or so. Normally it is less expensive to settle.

    Most of the time, though, Joe Blow is someone who purchased the equipment and has used it illegally. Not all of the time, but it is the case the majority of the time. People can talk all day about the providers needing proof that he actually used it for illegal things, but if Joe Blow is in deed guilty, he will know that it is not worth fighting a lawsuit that he will probably lose and the provider will not need proof being Joe will settle like a good boy.

    -FH
    I thought when you buy a piece of equipment they were sold to receive real free to air the the purchaser makes it illegal by purchasing third party fixes

  3. #33
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    Quote Originally Posted by sheetmetal View Post
    I thought when you buy a piece of equipment they were sold to receive real free to air the the purchaser makes it illegal by purchasing third party fixes
    And? From what I have seen they are going after people who have purchased the IKS services. There is no legal use for IKS services. I don't know of any who have been given a demand letter due to the purchase of an FTA receiver. But I wouldn't put it past the provider to go after people for purchasing a FTA Receiver if the Seller is promoting its illegal uses. DirecTv went after people for purchases from "Pirate Web Sites". When I was deposed, I had to explain my purchase from a site and had to answer questions as to why I purchased from a place who advertised the devices illegal uses and my defense of not using it illegally lost ground quick when I was reminded the penalties of lying under oath. Moral of the story.....Don't do something illegal unless you are prepared to pay the price.

    -FH

  4. #34
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    Sorta like going to a web site and BUYING a bag of tools labeled BURGLARY tools and then getting caught breaking in your
    neighbors home..... I used to go to the LAPD police auctions and they had countless duffel bags of TOOLS hammer
    crow bars you name it... ALL LEGAL to own and use BUT it's the use you put them to...
    another example you can buy and use lock picks BUT it's HOW YOU USE THEM.....
    A neighbor once tried to call the cops on me for re-keying my home locks SIR your not allowed to do that Unless you
    have a State Lic,,,, HuH ! OK call the cops and she DID!
    She is now passed away, old age but she tried..... YEP same one who called the cops seeing a wrist Rocket hanging in
    my garage... The cops had a laugh over that... NOPE not in the city as I live in a very rural area...

    FTA is legal and MANY birds just for that, but many are NOT....
    IF the signal is scrambled there is a reason it's scrambled.....
    Light travels faster than sound. That's why some people appear bright until you hear them speak.

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