
Originally Posted by
MarvinGardens
That is correct. And looking at his attorney's profile:
hXXp://www.texasbar.com/AM/Template.cfm?Section=Find_A_Lawyer&template=/Customsource/MemberDirectory/MemberDirectoryDetail.cfm&ContactID=151535
He lists his practice to business, taxation and property matters. Hardly someone you would want to be involved in a highly specialized copyright case.
It appears that he did some research on the issue and has turned up the DTV case.
In that case the court held that simply being in possession of two devices (ISO programmer and unlooper) that could be used to hack an access card was not enough proof. The court struggled with their ruling even saying it was tempting to find for DTV but since those two devices could be used for something other than hacking they had to find against DTV.
The court went on to say that if DTV had provided some proof that the defendant had satellite equipment that may have tipped the scales to them.
So this lawyer reads the DTV case and almost verbatim claims that DN has no actual proof that their signal was hacked.
The big difference between this case and the DTV case is that subscribing to an IKS service only has one purpose.