[linux-dvb] Re: CAM's and legal stuff

["Rienecker, Fa. Evenio, ITS P, M" <C.Rienecker@deutschepost.de>]

> Lauri Tischler wrote:
> > 
> > Klaus Schmidinger wrote:
> > 
> > > AFAIK SoftCAM _can_ be used with an official smart card, 
> but you can also
> > > run it without one - and that's where it becomes illegal.
> > 
> > Kitchen knives _can_ be used to chop familymembers into slices,
> > maybe they should be declared illegal :)
> You're missing the point: if you use a SoftCAM without a 
> valid subscription,
> you're actually *stealing* from the provider. I'm not saying 
> that theft would
> be a worse crime than killing somebody, but the fact is that 
> you are stealing.
> 
> I always keep wondering why people think they can argue that 
> some actions are
> not to be considered illegal, just because other illegal 
> actions are also
> possible...
> 
> Klaus
> 
> PS: please don't send replies to the mailing list to my 
> private email address, too.
> -- 

Morally it's O.K. to use the SoftCAM _IF_ and _ONLY _IF_ you have a valid
subscription for the channels you watch.

From the lawyers point of view it's illegal to use it under any
circumstance.
You are offending a whole bunch of laws and agreements.
1. While subscribing to PREMIERE you agreed to use only the supplied d-box
and nothing else.
	(BTW who remembers to have agreed upon not shutting down the box -
never !
	or to connect the box to a telephone line if they want you to)
2. Business-Know-How (AKA secrets and/or patents) have been violated in
order to gather the information required to write the SoftCAM.

Regarding 1.) PREMIERE is tollerating the use of alternate receivers because
the only thing they can do about it is voiding the contract (This applies to
the other agreements, too). 
Regarding 2.) This applies to the AllCAM SE 4.x, too :-( Except nobody seems
to be interested. They just stopped producing them.

cu,
Christian.



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