Visiting Dignitary
Unfortunately I have and am in civil court. The first case I was a plaintiff suing for 106k. I won a default judgement. The second my company was a third party defendant in a wrongfull death suit, it was dismissed. The current case is for breach of contract for $400k Plus, which I, my company is the plaintiff. I wish I never had to know how the system works, but it is what ot is. For somebody like HL to call it "rah rah" shows he will never progress past the newbie stage.
Banned
is that a fact mr alex70olds, I wish you success in your endeavors to write the wrongs you have come across, I'm happy you have the gonads to stand up for what you believe in and to write about it here on your post, good luck alex,Originally Posted by alex70olds
btw you don't flip real estate without a few bumps in the road, I too have seen a 400k letter only to be met with a nice letter back
Last edited by Hannibalector; 08-19-2013 at 04:04 AM.
Banned
now why did you feel compelled to answer that post and alex thank you for it, everyone has there agendas I suppose
Junior Member
If you receive a demand letter for $3,500 and take it to a lawyer he will advise to pay.
If you receive a demand letter for $5,000 the same.
If you are served with a lawsuit that you can settle for $10,000 any lawyer will advise to settle.
There are many reasons for this. Lawyers are trained to settle, take your money and move on.
The amounts involved are small claim courts material in more than 20 states, dn don't sue in small claims and state courts because they handle a Federal question that needs to be filed in a Federal Court no matter the amount in controversy, but in all other cases not involving a Federal question the minimum amount to file in Federal Court is $75,000. So here we aren't talking about serious money for lawyers and the courts. Well, for anyone living from paycheck to paycheck $10,000 is very serious money but not for the legal system. When you are sued in Federal Court you need to hire a Federal Bar lawyer that is more expensive than your local traffic violations lawyer. Discovery is going to cost you more than $10,000. All judges are going to force to settle those cases. No lawyer is going to take your claim of $10,000 to federal court, dn does so because they have the money and this is the way they fight piracy.
That's the system, we can't reinvent it.
But my opinion remains the same, there is a chance to fight and win, but we are not going to see any lawyer taking those cases and doing more than answering the complaint and settling. Only if some individual representing himself and with some knowledge fights then we can see some things changing.
You can't contend the paypal payment, that's rock solid evidence. But because the payment isn't actual proof of circumvention, and this isn't my opinion, that's the opinion of some judges on record, then they need to proof that you most likely than not circumvented the signal.
Wuf declared under oath that he sold nfps and rocket subscriptions adquired from some Le0nard0 Casci, that send him the codes via email or trough a private web site that only him and Casci can access. He have no access to the servers, nfps is up more than a year after him being busted. Beging contenting the validity of the subscription. How they can prove the subscription is for real? Are they going to depo the nfps server admins as someone suggested earlier? Does he loaded every code he sold in a receiver and watched tv in order to know that the code is working. Obviously not, considering that he declared that he sold aprox 3,200 nfps and 3,600 rockets codes. The forums are full of evidence of people being scammed with invalid codes. Prove that with that code I can really access a pirate server. Oh you admitted that on a forum post, a private message or both. Well soon we are going to see if internet evidence is admisible and not hearsay hxxp://www.denverpost.com/ci_23538743/wikileaks-soldiers-court-martial-wrestles-online-evidence-rules
Banned
they also can't contend decrypt, all these yahoo nagra lovers can't prove decrypt
Last edited by Hannibalector; 08-19-2013 at 06:24 AM.
Banned
So I have to ask myself this, a group that announces them self as the protector and wishes to shut down IKS because of the virtue of those who test is regarded as a what ? I have news for you N3 cracks coming
Visiting Dignitary
What other mountain of evidence could exist? There's only about 6 pieces of this puzzle: Paypal records, Wuf's deposition, email account, forums posts, PM's and i.p.'s and surfing records. There can't be anything else.
I'm not saying someone should show "how" a Paypal account is hacked I'm saying someone should show how there Paypal WAS hacked. Go to a library and proxy up and order some stuff from your Paypal and send it somewhere, anywhere it doesn't matter. Preferably to a "drop" address or maybe a vacant house that is for sale somewhere in the country. Go to the same library and proxy up and log into your bank account. I'm telling you one simple Trojan can wreak havoc on a PC. Your email can be compromised, your online accounts can be compromised, your bank account can be compromised, your Paypal can be compromised. I have had it happen. I got banned on the one site because of having my PC infected and I had to change ALL the passwords on ALL my sites AND reformat my PC. If you don't think its possible then you are more naive then DN/Nagra.
Yes I would be glad to go toe to toe with them in a deposition. You just have to control the tone of the hearing that is all. Its not difficult. Attorneys like to get all heated and jump around and shout and you just have to control the pace of it. They want it fast paced so they can trip you up there is nothing wrong with taking your time to answer questions and thinking when giving a deposition. It can be done. I've sat through some hearings with my wife concerning her ex-husband during their divorce trial. In fact I was even called to the stand to "testify" and the attorney tried this sh*t with me and wound up looking like an idiot after the medicine he was asking me about that I took turned out to be for something totally unrelated to his line of questioning. He was furious and screamed "I have no further questions for this witness"!!!
Visiting Dignitary
The question is why did you feel compelled to make that comment in the first place. For the most people have been debating here without those uncalled for comments.
There is no agenda here just by now with seeing all the results in court for the past years some people wish to tell people the way it is or can be without the emotion, distortion, or misleading information that does no one any good.
GS2
Visiting Dignitary
Its really a shame because you haven't learned anything on what the requirements are for proof in a civil case. Yet you engage in silly comments to people who have decided to tell it the way it is simply because they don't see the point in giving unrealistic information.
GS2
Visiting Dignitary
If you say you never had a dish and they go to your neighbor who says you had one on your roof than that is other evidence. The further you get into it and after being deposed they will try to get evidence if they can find any to show you were dishonest in your deposition if you were so we can't at this point say what other evidence may or may not come.
I'm not saying someone should show "how" a Paypal account is hacked I'm saying someone should show how there Paypal WAS hacked. Go to a library and proxy up and order some stuff from your Paypal and send it somewhere, anywhere it doesn't matter. Preferably to a "drop" address or maybe a vacant house that is for sale somewhere in the country. Go to the same library and proxy up and log into your bank account. I'm telling you one simple Trojan can wreak havoc on a PC. Your email can be compromised, your online accounts can be compromised, your bank account can be compromised, your Paypal can be compromised. I have had it happen. I got banned on the one site because of having my PC infected and I had to change ALL the passwords on ALL my sites AND reformat my PC. If you don't think its possible then you are more naive then DN/Nagra.
I think the court would say defendant bought evidence that a PayPal account can be hacked but did not provide any evidence that his account was hacked and therefore don't give much weight to it.
Yes I would be glad to go toe to toe with them in a deposition. You just have to control the tone of the hearing that is all. Its not difficult. Attorneys like to get all heated and jump around and shout and you just have to control the pace of it. They want it fast paced so they can trip you up there is nothing wrong with taking your time to answer questions and thinking when giving a deposition. It can be done. I've sat through some hearings with my wife concerning her ex-husband during their divorce trial. In fact I was even called to the stand to "testify" and the attorney tried this sh*t with me and wound up looking like an idiot after the medicine he was asking me about that I took turned out to be for something totally unrelated to his line of questioning. He was furious and screamed "I have no further questions for this witness"!!!
If I knowingly have presented a made up false story I would not want to be deposed. If everything I said was the truth I would want to go toe to toe.
GS2
Visiting Dignitary
lawyers in the past have taken end user cases with Dave to trial and even on to appeal. Lawyers don't have a problem taking on your case if they think you can be successful with some opening in law and your willing to fight and pay for it. However if they don't think your chances are good and they are somewhat honest about it they should tell you that but still your decision.
GS2
Junior Member
Forget about contending the paypal evidence, that's rock solid. If someone hacked your paypal account then why you didn't filed a claim when the charge shows in your bank account or credit card?
The paypal payment is the chain that links a nickname in a forum with a email account used in a paypal payment to a real person with a real address.
Paypal is what dn used to find the real person behind the wuf nickname.
But as someone earlier in this thread commented, this actions against endusers aren't disencouraging piracy are making endusers wiser on how to play this game.
There is dumb people all over that don't learn from others mistakes, if you take a look at my local internet classifieds you see more than a dozen iks subcription offers all of them accepting paypal
Visiting Dignitary
I just had a charge reversed on me by Paypal for selling "virtual goods" which they don't cover against charge back. The guy made a purchase from me and then charged back the purchase saying his Paypal was "hacked" and he didn't make the purchase. I disputed the charge back and asked Paypal to review the i.p.'s that he had been using. If a different i.p. showed up in his account history then there was a likelihood that maybe his Paypal was "hacked". They sided with me and refunded me the money.
The moral of this story is all that would need to be present to prove that a Paypal was "hacked" or compromised in some manner is an i.p. from a location other than what the account holder would use especially a proxy. Apparently this clown hadn't thought that they would check i.p. history for logins to the account. There would be no other means to arrive at the conclusion of a Paypal account being hacked other then a rogue i.p. seen logging into the account that doesn't belong there. Paypal tracks with "persistent" cookies also so the persistent cookie wouldn't match if you logged into your Paypal from a library computer using a proxy. That would be a sure tip to them that the account had been compromised. That is an easy conclusion to draw then that there would be more of a likelihood that the account was compromised than there was that it wasn't, about 51% worth would be my guess. You could easily clear the "session" cookie out from your browser history and it would be gone. I believe the session cookies set on both server and client when you make a purchase. So if they reviewed your browser history the cookie wouldn't be present. They would have a cookie server side but not be able to match it up client side. Its not unusual for users to clear out cookies from their browser
I keep a running balance in my Paypal and purchases never hit my bank account or credit card (they are one and the same). Also I have lots of Paypal transactions month to month so it would be easy to miss a charge that was made from someone logging into the account other than me.
Banned
This is really not that hard. Directv did the same thing and won. If you go to court who do you think is on the jury? They have heard of this and will send you packing. You are only fooling yourself. Do some research on Google and you will see how Directv did the same thing. It ain't pretty. If you are doing it now and your supplier gets caught then you will have to pay. Just my 2 cents.
Visiting Dignitary
Well here is what I have found on Google concerning DTV and their scam of lawsuits as well. They weren't entirely successful as they went after people buying unloopers and were called on the carpet since some of those guys were network engineers using unloopers to program smart cards:Now of course these cases vary in that unloopers differ from IKS codes. But to say that DTV was 100% successful is not accurate. They did lose some cases.Code:http://piratecardblues.com/DTV%20v.%20Deskin.pdf
You can review it all here atIt should also be noted that attorney Gary Ruff from this site says very explicitly that article: 47 U.S.C. § 605 can be defended against. I can't/won't c/p the paragraph since he also states that none of his webpage is to be reproduced in any form.Code:http://www.piratecardblues.com/
He also goes on to point out that DN usually pursues litigation pursuant to: 47 U.S.C. § 605 and the Digital Millennium Copyright Act § 1201(a)(1)(A) and 1201(a)(2) and (b)(1). I find it very interesting that in these cases they are only seeking relief under 1201(a)(1) of the DMCA and not 1201(a)(2)? I'll also note that 47 U.S.C. § 605 deals with the retransmission or transmission and/or reception of radio signals and again just like section 1201 of the DMCA is written as if actual "circumvention" has taken place.
Also regarding a jury you as the defendant have the right to pick jurors along with your attorney. Your attorney will tell you how he wants to "stack" the jury. In other words what demographic he wants to go for: older people, younger people, women, men etc. We had discussed how he wanted to stack the jury in my criminal case I faced a number of years ago before I plea bargained. We were shooting for younger males since it was a fleeing and eluding case and he viewed them as being more lenient in their decision making.
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