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Thread: Iptv rumor

  1. #16
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    How can DISH prove an IPTV subscriber is actually viewing their service? A subscriber may only be watching foreign channels. How can they demand payment for something that is not used?

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    logs

    it's a 2 way street

    you can't view anything unless you request it

    of course that's assuming there are any logs

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    Quote Originally Posted by dogdayz View Post
    How can DISH prove an IPTV subscriber is actually viewing their service? A subscriber may only be watching foreign channels. How can they demand payment for something that is not used?

    They can demand what they want but you have the option to refuse it. Then they can choose to file an action or not if you refuse. Your question would perhaps be your defense if they filed an action saying you subscribe to the IPTV service but did not view their service therefore your not liable as you did not infringe on their copyright.


    In a Civil action the bar for proving is far less than Criminal. I am not a lawyer but think a Court could be persuaded it was more likely than not.



    “a preponderance of the evidence.” This standard requires the jury to return a judgment in favor of the plaintiff if the plaintiff is able to show that a particular fact or event was more likely than not to have occurred.




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    LOL!
    So if I own a Lamborghini the cops can ticket me without radar proof because the court would assume if I bought that car it must mean I drive at 200 mph when no one is looking.

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    TLG

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    The question is not whether you bought
    The question is did you use it

    You're allowed to buy a Speed Radar, you're not allowed to use it


    Reply to dish letter ---

    As I was surfing the net, an ad poped up advertising IPTV
    I clicked and was forwarded to a check out window
    I paid, and I'm still waiting for something to happen

    Nothing is playing on my TV --- I got scammed

    Can you guys get it going for me,

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    Quote Originally Posted by dogdayz View Post
    LOL!
    So if I own a Lamborghini the cops can ticket me without radar proof because the court would assume if I bought that car it must mean I drive at 200 mph when no one is looking.


    However this is not reasonable example because speeding tickets fall under a bar of Criminal proof in Court not a Civil one as I posted. A good way to look at this is OJ where he was found not guilty because they did not meet the burden of proof standard required in Criminal but in Civil Court they meet the much lower standard and he was found to be liable.


    In Civil it can come down to which is more likely than not.



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    Quote Originally Posted by TLG View Post
    The question is not whether you bought
    The question is did you use it

    You're allowed to buy a Speed Radar, you're not allowed to use it


    Reply to dish letter ---

    As I was surfing the net, an ad poped up advertising IPTV
    I clicked and was forwarded to a check out window
    I paid, and I'm still waiting for something to happen

    Nothing is playing on my TV --- I got scammed

    Can you guys get it going for me,


    Your welcome to try that but these type of defenses have been brought up before in previous cases and were not met with much success. Always best to consult a lawyer who can look up the law they allege you inflinged, look up case law, then formulate a defense.


    GS2

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    Quote Originally Posted by TLG View Post
    The question is not whether you bought
    The question is did you use it

    You're allowed to buy a Speed Radar, you're not allowed to use it


    Reply to dish letter ---

    As I was surfing the net, an ad poped up advertising IPTV
    I clicked and was forwarded to a check out window
    I paid, and I'm still waiting for something to happen

    Nothing is playing on my TV --- I got scammed

    Can you guys get it going for me,
    sure ... send me $20 and I'll tell you how

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    Quote Originally Posted by dnasp002 View Post
    sure ... send me $20 and I'll tell you how
    lol.................

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    If you ever get a demand and decide to fight it if they file an action you have to make sure there is no self-incriminating posts you made. Deleting them might not work either because they might have saved them and then it looks like you went to hide it. Someone could try to make a defense they did not know it was illegal, the web site was operating as if it was legal, if it did, but you better be clean. On one hand ignorance is not an excuse but on the other hand Mens rea is a Criminal defense but in civil litigation, a party’s state of mind can be a deciding factor as to the question of liability and damages also.


    If you subscribe to a IPTV service and are a member at a site it should be completely different information that can not be linked together so that if you have and want to post your freetv service at a site like this one that it is not working or its freezing its completely independent from the information you signed up with at IPTV Provider and you must keep that private, not share with anyone.




    GS2

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    Looks like this one is moving towards default judgment. They requested extentions for filing a defense but that came and went.


    12/04/2019 15 TEXT ORDER: Based on the oral agreement between the parties, the time for defendants Boom Media LLC, Debra Henderson and John Henderson to answer or otherwise respond to the complaint is extended to 12/9/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/4/2019. (nmk) (Entered: 12/04/2019)

    12/12/2019 16 Letter Motion from Timothy M. Frank Attorney for Plaintiffs and John Henderson Defendant for DISH Network L.L.C., NagraStar LLC requesting Defendants' Extension of Time to Respond to Complaint submitted to Judge Andrew T. Baxter . (Frank, Timothy) (Entered: 12/12/2019)

    12/13/2019 17 TEXT ORDER: granting 16 Letter Request. The time for defendants Boom Media LLC, Debra Henderson and John Henderson to answer or otherwise respond to the complaint is extended to 12/24/2019. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/13/2019. (nmk) (Entered: 12/13/2019)

    12/27/2019 18 REQUEST FOR ENTRY OF DEFAULT as to Boom Media LLC, Debra Henderson, John Henderson by DISH Network L.L.C., NagraStar LLC. (Attachments: # 1 Declaration of Timothy Frank, # 2 Exhibits 1-4 to Frank Declaration)(Frank, Timothy) (Entered: 12/27/2019)

    12/27/2019 19 CLERK'S ENTRY OF DEFAULT as to Debra Henderson, John Henderson, and Boom Media LLC, approving the # 18 Request for Entry of Default. (kmp) (Entered: 12/27/2019)

    12/30/2019 CLERKS NOTICE Re 19 Clerks Entry of Default: Counsel is directed to file the appropriate motion for default judgment within 30 days from the date of this notice. Please consult Local Rule 55.2(a) and (b) with respect to the procedure that must be followed seeking judgment by default, now that this clerks entry has been entered. (ban) (Entered: 12/30/2019)

    12/30/2019 20 TEXT ORDER: In light of the 19 Clerk's Entry of Default, the Rule 16 conference set for 1/22/2020 and 1/15/2020 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, at a later date. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/30/2019. (nmk) (Entered: 12/30/2019)




    GS2

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    OK, Right,

    If I got a letter, I would go to court.

    Find out how many months I watched Tv and then muliply that my the most pricy cable bill. 12 months at $79.00 bucks =$948.00

    then I'm done, You can't charge me more than what a provider would have charged me.

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    Quote Originally Posted by tubbs View Post
    OK, Right,

    If I got a letter, I would go to court.

    Find out how many months I watched Tv and then muliply that my the most pricy cable bill. 12 months at $79.00 bucks =$948.00

    then I'm done, You can't charge me more than what a provider would have charged me.

    Unfortunately it does not work that way. The only reason to say so would be so one would not think so. They can ask for a penalty allowable under the the law ( Civil Section ) they allege you infringed. The judge will assessed the amount. To get a better understanding of what that amount would be would be to speak to a lawyer to try to find an average amount. If you don't defend the action then the Court will like give the amount the Plaintiff requests.


    If you go to court as you suggested, its up to the Court. You could get a lenient amount or not so. That is why I say to check for an average. You can sure argue they should not receive more than what they would have received if you had subscribed but they will argue counter to that. They will argue other harm to their business, reputation and costs. They would not want to set a low amount others could try to follow on.




    GS2

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  25. #29
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    Quote Originally Posted by tubbs View Post
    OK, Right,

    If I got a letter, I would go to court.

    Find out how many months I watched Tv and then muliply that my the most pricy cable bill. 12 months at $79.00 bucks =$948.00

    then I'm done, You can't charge me more than what a provider would have charged me.
    Not even close to be accurate.

    If you lose you will have to pay actual damages (what the provider lost in subscription charges), punitive damages (a huge penalty to make an example of you to others), your attorney fees AND the other party's attorney fees and costs to bring you to court.

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