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Thread: DN $3500 demand

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    I'm not sure about the 'fast and easy money' part for DN/Nagra. It's a lot of effort (money) to gather evidence for the letters and a trial and who knows how many actually pay all their judgements in the end. At that law firm's rate it all probably goes to the lawyers whether paying the extortion or going to trial.

    The 2nd part about fear in the community, for sure.

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    Let's take it to Judge Judy!!!!!

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    Quote Originally Posted by jeldf View Post
    So say you are right. DN/Nag's 'solution' to piracy is to make a profit and hope it ends. Would this not make a credible defense? Sure one would get fried for admitting theft but would that not set a precedent as to their intent? Instead of fixing the problem easily, you'd rather make money from it in the process? I suppose DN Shareholders are all for it!
    You know I was thinking that earlier....its almost like a case of 'complicity'. They are being complicit in the theft of their signal by not taking more drastic measure to A) secure it B) aggressively close down IKS servers.

    I don't think the shareholders have any idea. Maybe a blog should be started up alerting them to it? Kind of like the chasebanksucks website. Get the word out there to the public and to their share holders that instead of taking measures to shut down IKS operations they would rather profit from the wrong doing and let it continue. I hope the shareholders are being compensated dividend wise for this. Although its doubtful they are. If they shut down IKS entirely they might have more 'profits' from subs (which equates to more dividends for the shareholders) but instead they'd rather right off the theft of programming and the business of defending against it as a 'loss' and in the mean time Charlie screws his shareholders.

    Nice scam he has running there.

    Code:
    http://biz.yahoo.com/e/120808/dish10-q.html
    While economic factors have impacted the entire pay-TV industry, our relative performance has also been driven by issues specific to DISH. In the past, our subscriber growth has been adversely affected by signal theft and other forms of fraud and by operational inefficiencies at DISH.
    Hmm has it really now Charlie? The way I see it though it doesn't have to be if you get your head out of your @ss and start taking care of your shareholders more.

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    Quote Originally Posted by sodusme View Post
    You know I was thinking that earlier....its almost like a case of 'complicity'. They are being complicit in the theft of their signal by not taking more drastic measure to A) secure it B) aggressively close down IKS servers.
    What if Joe average subscriber knew that the guy next door was getting the same TV for $50/year instead of $50/month because DN failed to take care of A and B? If one got a Demand Letter, could one not plead 'yes, but they let me'?

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    Isn't this horse dead yet?

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    With over 300 replies it's good to know what is happening, especially when so many members are receiving letters. Who knows maybe somebody will come up with a definite answer. Or probably went through the whole process and let people know.

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    Quote Originally Posted by sodusme View Post
    They are being complicit in the theft of their signal by not taking more drastic measure to A) secure it B) aggressively close down IKS servers.
    but they have closed down many IKS servers already,

    it seems like they are just leaving the "big two" alone,

    so its one of two things....

    1 - they want these two servers to continue operating

    or

    2 - they can not (for whatever reason) close them down

    my guess is number two, but thats just my jacka$$ opinion

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    Quote Originally Posted by Grave Digger View Post
    but they have closed down many IKS servers already,

    it seems like they are just leaving the "big two" alone,

    so its one of two things....

    1 - they want these two servers to continue operating

    or

    2 - they can not (for whatever reason) close them down

    my guess is number two, but thats just my jacka$$ opinion
    I think its more #1 and I'll tell you why I think it couldn't be #2:

    Any site that registers a domain name inadvertently answers to Verisign. Well I should rephrase that any site that operates on a TLD (Top Level Domain) which includes .COM, .TV, .NET, .US, and some others that I can't remember right off the top of my head. Now having registered that site with one of those TLD's that means that any time your site is subject to being pulled down if you are engaging in illegal or otherwise questionable material on that domain. The reason is Verisign has a vested interest in the nameservers to perform the look up on these domains and ultimately convert them from a domain name to an i.p. and I think they may in fact operate some of the trunk lines that crisscross America as well.

    So with all that said these sites can be pulled down at any time, for any reason. Now could they simply start them back up? Of course they could but it appears that DN/Nagra is not even trying this approach. Instead they are content on telling their shareholders that profits are going down because of signal theft when in actuality there is know legitimate way to link signal theft with lost profits (as I've said just because someone stole something from you doesn't mean they would have purchased it from you in the first place, therefore you never had a profit from it in the FIRST place)....unless of course you're spending the profits on ambulance chasing and sending out thousands upon thousands of demand letters while your attorney's firm is getting fat and rich.

    I wonder if the shareholders get to share in this gained revenue from the demand letters? I would hope so....

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    Quote Originally Posted by sodusme View Post

    So with all that said these sites can be pulled down at any time, for any reason.
    well, not for "any reason"

    only if they were engaging in illegal activities....so maybe DN is having a hard time proving that

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    Quote Originally Posted by Grave Digger View Post
    well, not for "any reason"

    only if they were engaging in illegal activities....so maybe DN is having a hard time proving that
    Well there have been a couple sites pulled down erroneously that is why I say for "any reason". Which brings up the question if its supposedly illegal to buy these subscription codes....than why how in the hell is it not illegal to run a site where those codes gain you entry to view programming? I think the end user is the easy way out and a cash cow IMO and that is why they will not/do not bother with the direct site where the 'piracy' is originating from. Although it shouldn't be that hard to issue injunctions against the guys registering these domains. Someone is paying server fees to keep these domains up and running. Sure you can hide that registrar info. with an anonymous registrar system but if push comes to shove they will give you up if threatened with legal action. I doubt they are sending cash through the mail to keep these servers up so somewhere there is a money trail of who is paying these server fees. Unless of course the guys are from outside the U.S. than that changes things a bit.

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    Quote Originally Posted by hondoharry View Post
    Isn't this horse dead yet?
    Still fun to read ;D ;D ;D

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    yeah hondoharry still only been 10 days since Hannibalector responded to monsieur pierre .....wheels of justice turn slowly............lol

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    pay the money and be done with it..1 they will not give you a break on the $3500 i tryed every way i could come up with..2 i really doubt it can be beat in court at least from what the lawyers i talked to told be it's cheaper to pay it..how many lawyers would turn money away and be upfront honest..work out a payment plan with dish and make a decision either stop with IKS or risk getting cought AGAIN !!!!!

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    Quote Originally Posted by norm155 View Post
    pay the money and be done with it..1 they will not give you a break on the $3500 i tryed every way i could come up with..2 i really doubt it can be beat in court at least from what the lawyers i talked to told be it's cheaper to pay it..how many lawyers would turn money away and be upfront honest..work out a payment plan with dish and make a decision either stop with IKS or risk getting cought AGAIN !!!!!
    Something doesn't seem right about your post? You actually said it yourself "How many attorneys would turn away money". I don't know what attorneys you guys are calling but I NEVER met an honest defense attorney....never. And I've dealt with them on a few occasions.

    Its a simple defense: Sirs your demand letter and resulting lawsuit are hinging on a DMCA clause (17 U.S.C § 1201(a)(1) that cannot be proven for the following reasons: You do not have any evidence that there was any circumvention of a copyright protected system.

    End of defense. Its not rocket science. You have to sue under the right clause of whatever law you are saying was broken. You can't simply waltz into court and say "Your honor I think this is the right clause, paragraph and sub-paragraph". It doesn't work that way.

    So my best advice is to get some new attorneys!!! Someone that knows what the hell they are doing and what the hell they are talking about.

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    Quote Originally Posted by sodusme View Post
    Something doesn't seem right about your post? You actually said it yourself "How many attorneys would turn away money". I don't know what attorneys you guys are calling but I NEVER met an honest defense attorney....never. And I've dealt with them on a few occasions.

    Its a simple defense: Sirs your demand letter and resulting lawsuit are hinging on a DMCA clause (17 U.S.C § 1201(a)(1) that cannot be proven for the following reasons: You do not have any evidence that there was any circumvention of a copyright protected system.

    End of defense. Its not rocket science. You have to sue under the right clause of whatever law you are saying was broken. You can't simply waltz into court and say "Your honor I think this is the right clause, paragraph and sub-paragraph". It doesn't work that way.

    So my best advice is to get some new attorneys!!! Someone that knows what the hell they are doing and what the hell they are talking about.
    you make it sound so easy..maybe you should get a letter and see how you do..The lawyers i know around here where honest with me ..they said if there was a case they would go with it... but i guess you the expert lawyer on here !!!!

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