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Guest Message by DevFuse

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EchoStar/NDS Case Underway Today


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72 replies to this topic

#1 OFFLINE   Richard King

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Posted 09 April 2008 - 07:01 AM

http://www.skyreport.com/#article6

A trial pitting EchoStar and its signal security provider NagraStar against conditional access giant NDS Group gets underway today in U.S. District Court in Los Angeles, a case that has been branded by some as one of the biggest industrial espionage cases to hit the American court system.

EchoStar and NagraStar are seeking $1 billion in damages in the litigation, alleging that NDS compromised the conditional access technology utilized by the companies. Not only does the case involve the sensitive issue of satellite piracy, but also claims of sensitive corporate leaks, the employment of pirates themselves and spying.

More.....
THIS could be interesting. I wish Echostar the BEST of luck and hope that, if the accusations are true, that they nail the jerks.
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#2 OFFLINE   James Long

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Posted 09 April 2008 - 07:43 AM

Not to be confused with NPS ... which was yesterday. :)
Gotta get a scorecard.

#3 OFFLINE   rocatman

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Posted 09 April 2008 - 09:03 AM

Wasn't NDS associated with News Corporation?

#4 OFFLINE   Richard King

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Posted 09 April 2008 - 09:07 AM

NDS = News Data Systems, a division of News Corp, the owner of Directv at the time of the event in question. Dish is accusing News Corp employees of breaking their security system and leaking the break to the outside world, not a nice thing to do.
The Pump Don't Work 'cause the Vandals Took the Handles.

#5 OFFLINE   BabaLouie

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Posted 09 April 2008 - 09:39 AM

Wow! If News Corp did indeed have a hand in helping the Dish hackers, this ought to be HUGE...

#6 OFFLINE   tsduke

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Posted 09 April 2008 - 11:25 AM

This could be interesting indeed. But it is getting dificult to keep track of E*'s court cases.

#7 OFFLINE   spear61

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Posted 09 April 2008 - 05:46 PM

This 2007 from the British Columbia Supreme Court document gives some insight on details.

http://jeremystcyr.c...007bcsc1225.pdf

Echo/Dish have budgeted 50 million for the latest card changeout and we (the customers) end up paying that extra expense.

#8 OFFLINE   FTA Michael

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Posted 10 April 2008 - 07:21 AM

Multichannel News has a nice long article on the story: http://www.multichan.../CA6549687.html

In a bizarre and complex tale, EchoStar alleges in its complaint, which has been amended several times, that around 1998 NDS hired noted satellite hackers and pirates, including a man named Christopher Tarnovksy, to work for it.

“NDS made the calculated decision to hire the ‘worst’ and most well-known satellite pirates and hackers in the world in an effort to establish and maintain ‘control’ over the compromising of its CAS (conditional access system) product as well as its competitors’ technology,” EchoStar said in its suit.



#9 OFFLINE   FTA Michael

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Posted 10 April 2008 - 09:01 AM

The Rocky Mountain News (with Bloomberg help) and the Denver Post (the biz reporter who covers Dish) weigh in:

http://www.rockymoun...acy-allegation/
http://www.denverpos...ness/ci_8869677

#10 OFFLINE   Richard King

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Posted 10 April 2008 - 10:19 AM

Here's the interesting part of the first article (at least to me).

In December 2000 in two Web postings, Tarnovksy published EchoStar access-card codes that compromised 7.6 million cards that were in circulation, which “rendered a global card-swap by plaintiffs (EchoStar) unavoidable,” according to the suit.

In its counter claim and other legal filings, NDS denies EchoStar’s allegations.

“The undisputed evidence proves the plaintiffs have grossly overstated the scope and effect of the December 2000 postings,” NDS said in legal filings.

NDS said it hired Tarnovsky as part of its lawful efforts to stop the pirating of its own encryption technology.

EchoStar “will never succeed in proving that NDS” was responsible for the December Web postings, NDS said in its legal papers.

I find it interesting because NDS does not refute the fact that THEIR (not there) employee made the postings, simply that they are not responsible. I think Dish might even win this one (maybe). Also, overstating the effect of an illegal action doesn't make the action legal.
The Pump Don't Work 'cause the Vandals Took the Handles.

#11 OFFLINE   HobbyTalk

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Posted 10 April 2008 - 05:19 PM

Judge Urges Settlement In Dish Network Dispute With News Corp. Unit

Santa Ana, Calif.—Dish Network CEO Charlie Ergen spent part of his time on the stand Thursday trying to convince a jury that a lawsuit against News Corp division NDS Group was not filed in retaliation for News Corp.’s successful bid for satellite rival DirecTV Inc.

more at http://www.multichan.../CA6550455.html

#12 OFFLINE   FTA Michael

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Posted 10 April 2008 - 05:21 PM

Favorite quote from that article:

Out of the presence of the jury, (U.S. District Court) Judge (David O.) Carter stated he is “troubled” about the evidence that will be presented in the case, since much of it relies on known pirates, many of whom have links to one side of the case or another.



#13 OFFLINE   Richard King

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Posted 10 April 2008 - 06:06 PM

an NDS engineer from Haifa, Israel, already testified Thursday that he’s part of the firm’s “Black Hat” squad that hacked Dish’s security cards

I suspect that all the security companies have such "squads", but it's what they do with the info AFTER they hack it that matters. This could be interesting to watch. I hope they don't settle.
The Pump Don't Work 'cause the Vandals Took the Handles.

#14 OFFLINE   spear61

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Posted 10 April 2008 - 08:10 PM

I suspect that all the security companies have such "squads", but it's what they do with the info AFTER they hack it that matters. This could be interesting to watch. I hope they don't settle.


If I understand correctly, they admit opening up the code but deny knowingly releasing it on the web. Seems to me it's just like a swimming pool. You are liable for injuries if you don't keep it fenced since it is natural for the neighbor kids to want to get in the water. Similarly, it's obvious smart card code is valuable and hackers would like to get a copy of code laying around some office and you would be liable for leaving it unsecured (negligance)

#15 OFFLINE   cboylan3

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Posted 10 April 2008 - 08:36 PM

If I understand correctly, they admit opening up the code but deny knowingly releasing it on the web. Seems to me it's just like a swimming pool. You are liable for injuries if you don't keep it fenced since it is natural for the neighbor kids to want to get in the water. Similarly, it's obvious smart card code is valuable and hackers would like to get a copy of code laying around some office and you would be liable for leaving it unsecured (negligance)


I dont think they admitted to hacking Dish's code, just that they hired a hacker to help with their own security. Now if you are correct that they are saying that they hacked it but did not release it, well they would have still broken the law. Remember directv's campaign from 2001 to 2004 where they sued people for buying card readers/writers and argued that they bought with intent but there was no proof that interception actually happened?

So they cant say they were right in that campaign and also be right that it was ok for them to hack dish as long as they didn't release it.

#16 OFFLINE   HobbyTalk

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Posted 10 April 2008 - 09:06 PM

From the article:

For instance, an NDS engineer from Haifa, Israel, already testified Thursday that he’s part of the firm’s “Black Hat” squad that hacked Dish’s security cards; while Nagravision’s chief testified that he employs a Canadian hacker that was once prosecuted for piracy by NDS.

#17 OFFLINE   Richard King

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Posted 22 April 2008 - 07:10 PM

http://www.wired.com...2008/04/murdoch
The Pump Don't Work 'cause the Vandals Took the Handles.

#18 OFFLINE   Westking

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Posted 22 April 2008 - 08:15 PM

http://www.skyreport.com/#article6
More.....
THIS could be interesting. I wish Echostar the BEST of luck and hope that, if the accusations are true, that they nail the jerks.


Good luck to Dish!!! Perhaps if they win maybe they can use the proceeds to pay the TIVO settlement.

#19 OFFLINE   Slamminc11

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Posted 22 April 2008 - 08:53 PM

Good luck to Dish!!! Perhaps if they win maybe they can use the proceeds to pay the TIVO settlement.


The money for the tivo settlement has been in the bank since the original verdict Earning interest. Nice try though.

#20 OFFLINE   Teagore

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Posted 23 April 2008 - 08:24 AM

the article said this lawsuit if 5 years old. that would make it right after the failed merger no? or am i wrong?




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