[IP] EFF Defends Right to Own Smart Card Technology
EFF Defends Right to Own Smart Card Technology
Files Amicus Brief On Behalf of Public in DirecTV Appeal
San Francisco - Defending the right to own and experiment with
general-purpose technology, the Electronic Frontier Foundation (EFF) today
filed a friend-of-the court brief in an Eleventh Circuit appeals case that
will determine whether satellite giant DirecTV can sue "smart card"
technology owner Mike Treworgy for simply possessing hardware that enables
him to program electronic smart cards.
Smart cards are computer devices that have a multitude of legitimate
purposes, which can also be used illegally to intercept satellite signals.
DirecTV believes that mere purchase of smart card programming hardware
should constitute proof that the hardware is being used illegally.
"Computer researchers, network administrators, engineers and others are
using smart card technology in ways that are perfectly legal, yet DirecTV
would have the courts adopt a theory of guilt-by-purchase," said EFF Staff
Attorney Jason Schultz. "This is not only grossly unjust, it also threatens
to scare legitimate innovators away from an extremely promising branch of
technology."
In the lower court ruling, U.S. District Court Judge John E. Steele agreed
to dismiss DirecTV's possession claim in its lawsuit against Mr. Treworgy,
finding that the company does not have the authority to decide who can
legally own the technology. DirecTV appealed, making this case the first
such dispute in the country to reach the appellate court level.
"DirecTV is threatening innocent researchers, hobbyists and others who have
never intercepted a single minute of DirecTV's transmissions," added
Schultz. "This cannot be what the law intends, and we hope the Eleventh
Circuit will send a strong message to that effect."
DirecTV has sent over 150,000 letters demanding settlements of $3,500 and
up from individuals who purchased smart card technology. The company has
followed this up with over 15,000 lawsuits claiming that mere possession of
these devices is unlawful. As a result, those caught in DirecTV's dragnet
have been forced to choose between paying for a lawyer and paying for a
settlement.
In response to the lawsuits, EFF has partnered with Stanford's Center for
Internet and Society to establish DirecTVdefense.org, a website aimed at
helping innocent people defend their right to own and use smart card
technology.
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