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stories filed under: "subpoenas"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
eff, piracy, privacy, satellite tv, subpoenas

Companies:
directv, echostar, freetech



Court Tells Echostar It Doesn't Get Access To Customer Lists Of Satellite Receiver Company

from the chalk-one-up-for-privacy dept

Recently, we wrote about how satellite TV provider Echostar had been sending out subpoenas demanding customer lists from resellers who had sold satellite receivers made by a company named Freetech. Freetech's satellite receivers can be used to receive perfectly legal over-the-air satellite TV signals. Echostar's complaint was that many also used Freetech's receivers to pirate its own DishTV offering. However, that doesn't give Echostar the right to then demand the contact info on everyone who ever bought a Freetech receiver, as many could be using them for perfectly legal purposes. And, historically, with DirecTV, we've seen a similar situation where the DirecTV forced plenty of totally innocent smart card device buyers to pay up by threatening them with lawsuits over pirated satellite TV.

Luckily, it looks like the EFF helped convince the judge that Echostar was out of line, and the judge has said that the buyers' privacy trumps Echostar's right to the info. As the EFF notes, this is a big ruling, in that it's "the first time a federal court has explicitly rejected a third-party subpoena on the basis of the privacy interests of nonparty consumers." Chalk one up for the right to privacy.

5 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
anonymity, anonymous posters, autoadmit, subpoenas



One Way To Reveal Anonymous Posters: Subpoena The Sites They Read

from the rights-to-privacy? dept

We've written many times in the past about how courts have protected anonymous speech in the US, but that doesn't mean that some won't go to ridiculous lengths to reveal anonymous commenters they don't like. Last summer, we wrote about the ridiculous lawsuit over some anonymous "mean" postings on a forum for law school students. The case involved students claiming that they were unable to get jobs due to mean comments on the boards. It seems like quite a stretch to think law firms would judge their hiring decisions on such a thing, but the law students in question apparently needed someone to blame for their inability to get jobs.

Of course, revealing who those anonymous posters are isn't easy, thanks to that previously mentioned respect for the right to be anonymous. So, it appears that lawyers for the plaintiffs are taking a rather indirect route to reveal the anonymous posters. Since the posters had linked to web pages that mention the plaintiffs, the lawyers are now seeking a subpoena on the log files of the sites that had those articles. Yes, this is a huge stretch, as they're basically searching for a needle in a haystack, trying to pick out of the logfiles exactly who visited a particular news story. Even though some of the companies in question have pointed out that it's impossible to provide this data, the lawyers are still seeking a subpoena from the court demanding it. If the law students in question put half the effort they're putting into this lawsuit into finding a job, rather than worrying about what people said about them, perhaps this wouldn't be an issue at all.

18 Comments | Leave a Comment..

 
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