What is considered fraud?
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The overwhelming majority of DIRECTV's customers provide us with truthful and complete information to establish and maintain DIRECTV service. Unfortunately, we have discovered instances in which individuals have used false information about their identity, fraudulent payment methods, the location of their receiving equipment, or the need for new access cards. We investigate such abuses and take appropriate actions, including pursuing DIRECTV's claims against individuals who access our service without proper authorization by or payment to DIRECTV. These claims may include civil litigation and/or forwarding investigations to law enforcement.
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What are access cards?
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The access card is a plastic card approximately the size of a credit card that is distributed to customers either together with the receiving equipment or separately. Software contained in the access cards controls the receipt of DIRECTV programming. When a customer buys a satellite system with an access card from an authorized retailer, the customer is committing to subscribe to DIRECTV programming. After the purchase and installation of the equipment, the customer must contact DIRECTV to choose a programming package and to provide a method of payment. After the customer selects a package, DIRECTV will activate the access card, providing the customer with access to the selected programming and the ability to order and watch pay-per-view events. The access cards contained in the satellite receivers are NON-TRANSFERABLE.
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What are programmed or "pirate" access cards?
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Access cards that have been reprogrammed or "pirated" allow people illegally to intercept and decrypt DIRECTV's signals and receive television programming without making any payments to DIRECTV. "Reprogramming" is done by illegally modifying the copyrighted software on the card to bypass DIRECTV's conditional access system and open all channels of programming, including pay-per-view
movies and sports, which are only available legitimately after payment of a subscription or exhibition fee.
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What are emulators, programmers and unloopers?
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These are all devices that enable people to modify access cards to steal DIRECTV's signals without paying for them. An emulator uses the capabilities of personal computers to mimic the functions of an access card. Emulators connect to computers running software that grants unauthorized access to channels. Programmers are devices that reprogram access cards to alter which channels are received. And unloopers are devices that are used by pirates to fix access cards affected by DIRECTV's ECMS or by illegal attempts to modify the card.
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Why is it illegal to offer to sell or use these cards and devices?
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Federal and state laws protect satellite transmission providers such as DIRECTV and other copyright holders. Both criminal and civil lawsuits can be brought against violators of these laws. For example, one such law provides civil and criminal penalties for "any person who manufactures, assembles, modifies, imports, exports, sells or distributes any electronic, mechanical, or other device or equipment, knowing or having reason to know that the device or equipment is primarily of assistance in the unauthorized decryption of satellite cable programming, or direct-to-home satellite services." 47 U.S.C. § 605 (e)(4). Another law, the Digital Millennium Copyright Act, prohibits a person from providing any device or service that circumvents a technological measure that effectively controls access to a copyrighted work. 17 U.S.C. §§ 1201.
The penalties under these laws are severe and can include fines of up to $200,000 per violation and imprisonment of up to ten years.
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Is it a crime merely to use these devices?
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Yes. Users of these devices can face the same consequences as manufacturers and distributors, which can include significant fines and imprisonment.
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What if I say that these devices are being sold only for "educational purposes" or for "testing" or use a disclaimer?
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It does not matter what you "say." There is simply no exception that permits the sale of such devices for educational or testing purposes. A disclaimer will not shield you from liability.
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What if I sell devices without flashing the atmel chip on the device?
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It does not matter. If the device is primarily for illegal purposes or marketed for illegal purposes, you are violating the law.
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As a manufacturer, I am not liable for the use of the devices I make, am I?
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Yes, in fact, you are. The DMCA makes it illegal to manufacture illegal devices even if you choose to remain ignorant about how the devices are being used to steal DIRECTV.
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Does DIRECTV use records it gets from dealers to pursue end-users?
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Absolutely.
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If I receive notice of a certified letter from DIRECTV and refuse to sign for it, will DIRECTV just go away?
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No. This is a pervasive but untrue myth. We will find alternative means to effect service and most likely you will be named in a lawsuit with other end-users.
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Are the new cards, the P4, D1, and D2 hacked?
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No, but there are people out there trying to take your money who will claim that they are.
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Should I buy DIRECTV receivers or access cards from auction websites, such as eBay?
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We strongly recommend against buying DIRECTV equipment or access cards from auction sites. This equipment may be stolen or involved in a fraud scheme. The equipment or access cards may have been permanently deactivated by DIRECTV and will not work for you. DIRECTV should be your source for all equipment and access card needs.
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