Re: And the shakedown begins...

[<dsavage@peaknet.net>]

On Thursday July 17, 2003 Mike808 wrote:
> http://www.securityfocus.com/printable/news/6402

Mike,

Before I respond to your note, please understand that I consider DMCA,
PATRIOT and others to be some of the most reactionary, fascist legislation
ever enacted in this country. I look forward to the day when the Supreme
Court strikes them down 9-0.

That said, I don't fear them. The doctor quoted in the article was an
idiot with too much money and not enough backbone to stand up to the Dark
Side. I would like to think if I were in his place, I'd use that $3500 to
hire a lawyer to countersue DirecTV for harassment and malicious
prosecution. The simple truth is, the doctor did nothing to violate DMCA.
No court in the land would convict him simply for owning SmartCard
equipment. DirecTV would have to prove he purchased it for the express
purpose of reverse engineering their security measures. As the saying
goes, that would presume facts not in evidence. Without clearly
demonstrating intent, DirecTV would have no case against the doctor.

The only real contact most folks ever have with our legal system comes
when they get hauled into court for speeding or similar offenses. The
majority are guilty of the minor offenses they're charged with. In the
rare instances that they are innocent and they present credible evidence
to that effect, the prosecution doesn't have a chance. That's exactly what
happened to me in a recent municipal court action. As much as the
prosecutor wanted my $100, he knew he would lose if we went to court.
Lawyers on both sides will do almost *anything* to avoid losing in court.

The doctor should have known that.

--Doc



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