Dear Readers and Visitors
Richard C. Yarmuth DIRECT DIAL: (206) 516-3870 (206) 516-3800 Fax (206)-516-3888 March 21, 1997 Certified Mail -- Return Receipt Requested Daniel Morgan, Editor Satellite Watch News P.O. Box 475 Rose City, MI 48654 Re: Satellite Watch News Dear Mr. Morgan: This law firm represents DIRECTV, Inc.; News Datacom Ltd.; and News Datacom, Inc. in the investigation of and litigation regarding unauthorized reception and use of DIRECTV satellite television programming, including the development, manufacture, distribution and sale of counterfeit DSS access products. A recent investigation has uncovered substantial evidence of your involvement, through your publication and distribution of Satellite Watch News and operation of the Internet site at "//i- star.com/dmorgand/index.htm", in unlawful activity relating to counterfeit DSS access products. Specifically, this evidence indicates that you and Satellite Watch News have actively and illegally assisted, aided and abetted the sale and use of counterfeit access products by: (1) publishing detailed information as to the operation of counterfeit DSS access products, including step-by-step procedures for reactivating or restoring the function of those illegal products following electronic countermeasures initiated by DIRECTV and News Datacom; (2) vouching for the quality, reliability and performance of counterfeit DSS access products, including your publication of "product reviews" of those illegal products; (3) intervening on behalf of users of counterfeit DSS access products, including publishing user complaints and "buyer beware" warnings, and contacting sellers of those illegal products regarding such complaints; (4) publishing advertisements for counterfeit DSS access products, knowing that those illegal products were intended to facilitate the unauthorized reception and use of DIRECTV satellite television programming; and (5) publishing Internet domain names, web site addresses and other information of material use to persons wishing to purchase and use counterfeit DSS access products.
Each of these activities is illegal and is forbidden by law. Federal statutes prohibit persons from selling or assisting in the sale of devices intended for the unauthorized interception of satellite television programming. See 47 U.S.C. Sec 605 and 18 U.S.C. Sec 2512. Federal (and comparable state) statutes also specifically prohibit the advertizing such illegal products. See 18 U.S.C. Sec 2512. Each of these activities carries substantial financial penalties, including statutory damages of $110,000 per violation, awards of legal and investigative expenses, and injunctive and compensatory relief.
In addition to the foregoing violations, it has also come to our attention that you and Satellite Watch News have had numerous communications with and received multiple shipments from known sellers of counterfeit DSS access products. The purchase, possession and use of such devices is strictly forbidden by law. See 47 U.S.C. Sec 605 and 18 U.S.C. Sec 2512. These communications and shipments are under investigation and could result in further legal action against you and Satellite Watch News.
Accordingly, DIRECTV and News Datacom demand that you and Satellite Watch News cease immediately any further participation in these illegal activities and in any and all additional activities relating to the development, manufacture, distribution and sale of coun'terfeit DSS access products.
Please contact us in writing within ten days of your receipt of this letter to inform us concerning your compliance with this demand and to schedule a meeting or other further communication, as necessary, to discuss DIRECTV's and News Datacom's complaints against you and Satellite Watch News.
These matters are important to DIRECTV and News Datacom, and they intend to pursue all available legal remedies against persons and businesses involved in DSS access card counterfeiting.
We look forward to your cooperation in this matter.
Sincerely,
(signed)
Richard C. Yarmuth
STW/sw
We could have responded in kind, citing legal
precedents, but we prefer, instead, to cite a most
elegant source:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.