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Directv is guilty of Extortion

Discussion in 'The OT' started by JamesD, Sep 24, 2003.

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  1. fiasco

    fiasco Guest

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    Jan 9, 2005
    First and foremost, *yawn* with the spell corrections. This isn't about me. Attempting to belittle my intelligence because I mis(s)pelled a word doesn't detract from the truth of my statements.

    There is no "slight exaggeration". DTV has currently sued around 24,000 people and has sent extortion demand letters to over 200,000 people (as per DTV's own admissions). No doubt that some of the people who received demand letters or a summons were actual signal pirates. However, the vast majority, in all probability, are not.

    The Civil Court system is a mess. When presented with a choice between paying DirecTV $3000 or paying a lawyer $5000-$10000 to defend the frivolous lawsuit, most people are forced by their financial position to opt for the cheapest way out regardless of their guilt or innocence. DirecTV does not bother to investigate if an individual is guilty of piracy. They simply file a lawsuit knowing full well that most defendants can not afford a lawyer to progress far enough into the suit to expose their complete lack of factual basis for filing in the first place.

    DirecTV has behaved in a most unscrupulous manner. One only has to read the declarations of three former DirecTV "investigators" (Fisher, Bautista, Melendez) to understand the depths of DirecTV's indifference and depravity. DirecTV has been slapped on the wrist numerous times for "fraud and misrepresentation" by the court system for filing false affidavits and expert testimony full of lies and half truths.

    Further, DirecTV targets individuals and companies for lawsuits although they were not engaged in signal piracy. DirecTV has sued both Jeff Whilens (sp?)(attorney) and SDLogic for attempting to assist in the defense of the tens of thousands of people sued by DirecTV strictly to serve as a deterrant to any other individuals or companies that may consider assisting in defending baseless DirecTV lawsuits.

    This all is as much an indictment of a seriously flawed Civil Court system as it is of DirecTV. Individuals have been abusing the low threshold requirements of the civil courts for decades to extort money from individuals and businesses. It seems only fitting that it is now being done in reverse. Perhaps it will finally force reform.

    Basing judgement on a "preponderance of the evidence" is absurd.



    And the following two replies to this statement fit right in to the general rules of forum etiquette?
     
  2. dummyproof

    dummyproof Godfather

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    Jan 30, 2004
    LMAO....
    First off... my first post was to cite your exaggerations... yes to me "billions" was an exaggeration. "Hundreds of thousands" seemed to be, and still seems to me... an exaggeration.
    As for the spelling point... it was a "P.S." as in "also" or "BTW"...get real yourself!

    I also agree with "chaddux" and "cdru" bringing attention to you posting to a seemingly dead post. You originally gave no real insight as to your comments, especially on a topic that has been discussed ad nauseam.


    P.S. My second post was simply just a little fun with Nick :D
     
  3. chaddux

    chaddux Banned User

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    Oct 10, 2004
    He meant to say "hundered thousand million gazillion dollars."

    This thread brought to you by the letter G, the number 5, and People Like You.
     
  4. fiasco

    fiasco Guest

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    Jan 9, 2005
    LMAO

    Neither are exaggerations. If you think either are, provide something tangible besides your prized 2nd grade spelling bee trophy as proof.

    From an article posted on the EFF website dated August 12, 2003.

    "Over the past few years, satellite transmission giant DirecTV has launched a nationwide campaign that threatens to bankrupt thousands of Americans and destroy an entire branch of emerging technology. The company has sent hundreds of thousands of demand letters and filed nearly 9,000 federal lawsuits "

    That was over one year ago. DirectV has filed at least 24,000 lawsuits and continues to send demand letters. If you add up the amount of money demanded by DirecTV through demand letters and lawsuits, the sum easily surpasses one billion dollars.

    As far as the subject being "dead", DirecTV's activity is ongoing so it is hardly a moot subject.
     
  5. chaddux

    chaddux Banned User

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    Oct 10, 2004
    So a single story from a website with an agenda is ironclad proof? I think not.

    Now, to use a new smilie, appropriate to this thread: :bonk1:
     
  6. fiasco

    fiasco Guest

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    Jan 9, 2005
    When asked the number of demand letters sent out during a deposition on 03/23/04 DirecTV representative Larry Rissler stated "I think it's roughly around 100,000". That was nine months before the EFF article.
     
  7. dummyproof

    dummyproof Godfather

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    Jan 30, 2004
  8. cdru

    cdru Hall Of Fame

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    Dec 4, 2003
    "...noting that the company had, in fact, filed more than 600 lawsuits."

    600. 24,000. I'd say it's pretty close to being the same isn't it? It's just a rounding error. :rolleyes:
     
  9. cdru

    cdru Hall Of Fame

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    Dec 4, 2003
    You must be new to the Potpourri forum, aren't you?

    Here, yes the two posts to yours were off topic, but generally accepted. Being the "oldtimers" that SAEMike and Nick are, they get away with a little more then what the newcomers like yourself might get away with. Most of us have grown pretty thick skin to the Grammar Nazis although many of us regulars still don't know the difference between lose and loose (but we're learning Nick so don't loose hope...or maybe do ;) ) Don't let it get to you. We know what you meant.

    We don't mind people voicing their opinions here. That's what the forum is all about. But if you feel it necessary to post statistics that have no verifiable sources, proved to be incorrect, skewed, or overly exaggerated, you are going to have to expect to be called on it.
     
  10. fiasco

    fiasco Guest

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    Jan 9, 2005
    The article you cite was only talking about cases filed in California Southern District Court. Nationwide, there are nearly 100 District Courts. Overhauser Law Offices states on their own website that as of April 18, 2004 in Indiana 735 people have been sued and over 24,000 nationwide. DirecTV has sued over 24,000 people. It is an unassailable fact.

    Here are some links you might find interesting. These are the affidavit/declarations of two former DirecTV piracy investigators. A third DirecTV "investigator" has also stepped forward to help the defense but his (Melendez) declaration is not yet available to the public.

    David Fisher Affidavit
    David Bautista Declaration

    Links to various articles on DirecTV's campaign of extortion
    http://www.overhauser.com/DTV/DTVArticles.htm

    I can completely understand why you think that these numbers would be exaggerations. The volume of litigation and demand letters created by one company is stupefying. Can any rational person actually believe that DirecTV was capable of investigating and determining all of the people that received a demand letter for piracy were guilty of any crime? It doesn't matter to DirecTV. It is cheaper to settle then to fight, and they know this. Unfortunately, the Civil Court system is geared to give victory to the party with the deepest pockets.
     
  11. sikma

    sikma Godfather

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    Dec 11, 2003
    If what is in these affidavits are true, D* is in trouble.
     
  12. Bill lewis

    Bill lewis New Member

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    Sep 25, 2003
    One small problem D* has already won this.

    So no they are not in trouble...
     
  13. cboylan3

    cboylan3 Godfather

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    Jan 26, 2004
    won what? the fisher case? yes you are correct.

    however those affidavits can be used in counter suits (which is happening)

    If the iinformation in those affidavits are not correct, then why is D* so concerned about them and asking every court for a Protective Order (PO) and seal on them claiming "Work Product" and "Attorney-client Privledge".....hmmm

    I bet ENRON is probably kicking themselves saying "Why didn't we ask for that?" ;)
     
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