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The New Access 4 Card from DTV

 
DIRECTV News:
 
Hash Alert 1 NEW CMD July 23rd 2003
 
*** Detected new cmd 82
 
hitting cmd80 key 1 and 3508
 
code:--------------------------------------------------------------------------------
82 : cmd82
82 : cmd82
1C : cmd82 length
1C : cmd82 length
00 06 : compared with DSW
00 06 : compared with DSW
42 : cmd82 decryption key
42 : cmd82 decryption key
00 01 : cmd82 - hash ranges 3FFFh-3FFFh
00 01 : cmd82 - hash ranges 3FFFh-3FFFh
0066: A82AFB30 movw #2AFBh[B],2Fh:30h
0066: A82AFB30 movw #2AFBh[B],30h
006A: EF trap 0
006A: EF trap 0
006B: 440024 or 00h,24h
006B: 440024 or 00h,24h
006E: C3 inc B
006E: C3 inc B
006F: 07F5 jnc 0066h
006F: 07F5 jnc 0066h
0071: 8A3508 mov &3508h,A
0071: 8A3508 mov &3508h,A
0074: 1B24 add 24h,A
0074: 1B24 add 24h,A
0076: B7 dec A
0076: B7 dec A
0077: 0203 jz 007Ch
0077: 0203 jz 007Ch
0079: 8ED890 call D890h
0079: 8ED890 call D890h
007C: F9 ret
007C: F9 ret
 
 
End User Victory In Michigan (Followup 7-03)
 
DirecTV v. Eugene Karpinsky, Case No: 02-CV-73929, United States District Court in the Eastern District of Michigan. The Court issued an Order granting Summary Judgment as to all counts of DirecTV's case against Eugene Karpinsky. The Court affirmed that contrary to DirecTV's argument, mere possession of two smartcard recovery systems (unloopers) is insufficient to support a finding of liability under
47 U.S.C. Sec. 605(a), 18 U.S.C. Sec 2511(1)(a), or 18 U.S.C. Sec. 2512(1)(B)or demonstrate a claim of conversion.
 
DIRECTV, INCORPORATED Norman C. Ankers
plaintiff [COR LD NTC ret]
Bradley H. Darling
[COR LD NTC ret]
Honigman, Miller,
660 Woodward Avenue
Suite 2290
Detroit, MI 48226-3583
313-465-7000
 
vs.
 
EUGENE KARPINSKY John T. Hermann
defendant [COR LD NTC ret]
2684 W. Eleven Mile Road
Suite 100
Berkley, MI 48072
248-591-9291
 
U.S. District Court
 
for the Eastern District of Michigan (Detroit)
 
CIVIL DOCKET FOR CASE #: 02-CV-73929
 
DIRECTV Inc v. Karpinsky
 
Filed: 10/01/02
Assigned to: Judge George Caram Steeh
 
********************************
Albert A. Zakarian, Esquire
 
While I am very happy about the Michigan Decision and I applaud Mr. Karpinsky and his counsel, John Hermann, Esquire, I believe that you must be cautious as to how big of a scope you give to the effect of this ruling.
 
Those of us who have been fighting these cases have espoused the position from the beginning that "mere possession" is not enough. I sincerely believe that DirecTV counsel has beleived this as well. They have revised the Complaints to reflect this
change given the Orders that have been coming out on Motions to Dismiss and now of course with the Michigan Order.
 
With all that said. Look at the procedural posture of the Karpinsky case before you generalize as to its effect on the Letter campaign and the eventual filing of a suit against you.
 
In Karpinsky, a suit was filed, depositions were taken, motions were served and many lawyer hours were spent before they were able to get to the point where Mr.Karpinsky could file his Motion for Summary Judgment. This was not a motion that was filed at the beginning of the case resulting in an easy and quick dismissal.
 
The Court decided that based upon the evidence, or lack thereof, DirecTV could not prove its case against Mr. Karpinsky because under the current statutes, DirecTV was ultimately required to prove illegal interception of its signal. It could not do so
simply from the fact that Mr. Karpinsky possessed two devices and in light of his alternative use explanation which DirecTV also could not rebut.
 
What does this mean for End Users?
 
A District Court decision from Michigan will not be binding upon the whole country, only a U.S. Supreme Court decision could do that. At best, outside of that particular district (Eastern Dist. Mich.), it will be persuasive authority for other judges. Meaning they can follow it or choose to ignore it. The fact that it is the
first decision of its kind will certainly give it more force. DirecTV is free to argue that the decision is only limited to that District and certainly to its facts.
 
With the above in mind, you can see that the Karpinsky decision does not stop DirecTV from sending letters or filing suit. They lost the Karpinsky case at the motion for summary judgment stage after the opportunity for discovery. DirecTV can still send letters and file suit with the idea that in your particular case there
might be additional evidence that helps them prove their case. Understand that the Court did not say that the law suit against Karpinsky was frivolous when it was filed (remember the Court denied the Rule 11 motion). Instead, the Court simply said that once all the evidence was in, it was clear that DirecTV could not prove its
case.
 
This means that the facts of each person's case is critical in determining the strenghth of Karpinsky if you plan to defend yourself. This is something your lawyer is best suited to determine whith your help.
 
June 30, 2003 -
 
How things have changed in just a couple of weeks! A short while ago we reported that DTV had finally gained the upper hand by blacklisting literally thousands of bins, creating a shortage of valid bins that dealers desperately need to patch to their fixes.
 
But then came the no-745 bootstraps and DTV is right back on the ropes again. Of course, many smart customers had already switched to Subbed bins and didn't even need the bootstraps. But whether you're using Bootstraps or Subbed bins, an enormous segment of customers have not seen a single error message in over three weeks!
 
Sure, the die hards who are still using the public bins are updating their fixes on a daily basis (sometimes more than once a day), but there are few of those left. And we know that it's only going to get harder - and therefore take longer - for us to find more bins and write them to the public fixes.
 
The most cautious users are - unfortunately - the ones who benefit the least from new technology. Many will tentatively diptheir toes in the Bootstrap or Subbed bin market only after waiting many weeks. Then, when a few months later the technology is cracked, updated or replaced, they are the ones who have received the least use from the technology. The early adopters, who signed up more than 3 weeks ago, always get the longest use (and therefore the biggest bang for their buck).
 
So, if you're one of the sideliners waiting to see how the technology pans out, it's time to jump in. The sooner you start, the more benefit you're going to get.
 
 
Direct TV FAQ's
 
They have up to date DSS coverage.
 
I SAW A CARD AND PROGRAMMER FOR SALE ON E-BAY. WILL IT WORK>?
 
Be careful here. There are many dealers who advertise smartcards. These are ISO7816, same standard as DSS, but WILL NOT work. They do NOT contain the proper ASIC, or Application Specific Integrated Circuit(s) inside.
 
WHEN WILL THE NEW HACK FOR MY CARD BE AVAILABLE?
 
Unknown. Check back here every so often.
 
DO YOU SELL OR MODIFY DSS OR ECHOSTAR CARDS OR BOXES?
 
No.
 
WILL YOU RECOMMED TO ME SOMEBODY WHO DOES?
 
No.
 
EVERY COUPLE OF MONTHS THE DSS FIXES GO DOWN AND CHANGE. WHY?
 
DSS designers buy these cards too. It ends up being a sort of a 'Cat & Mouse' game, with the customer being the pawn.
 
I SAW AN AD FOR A battery/blocker/card.latest fix KIT FOR UNDER $250.00. IS THIS LEGIT?
 
Probably not. The going price for a complete card is $250.00 and up. The going price for a plastic smartcard, reprogrammed with additional tiers, is about $250.00. Your mileage will vary. There are a lot of thieves out there. Not many people are willing to call the FBI to report the theft of $250.00 paid for a card used to steal programming. Would you? Thieves know this and prey on the unsuspecting...
 
WHY DO PIRATES CHANGE THE PROGRAMMING SO OFTEN?
 
DSS Developers obtain the cards and programming also. They figure out ways to send ECM (Electronic Counter Measures) to all systems. The cards not being able to handle the ECM causes the card to lock up and the DSS Operating System to "crash" or "go down".
 
Programmers of cards then figure what caused the card to go down and write new code. New programming is distributed and cards go up again. Cycle starts over. Additional of tier levels has added some additional "twists" for DirecTV to deal with. And they do..
 
The DSS Game changes as you read this...
    

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