kurt@fluke.UUCP (Kurt Guntheroth) (04/10/84)
In what sense is it illegal to use an unscrambler to receive HBO? Of course
if you steal one from the cable company it is obviously illegal (you are
guilty of theft of the hardware). But as previously noted, the government
guarantees you the right to use information sent over the air. This is the
price built into the license the FCC grants to broadcasters.
I think this extends to all data sent over unsecure channels like radio. I
am generally an ethical person, but I perceive the government has granted me
the right to receive radio signals including but not limited to HBO, FM
music-without-commercials side carrier signals, teletext, and computer data.
This right also includes the right to use such signaos for non-commercial
purposes within my home. Recent decisions regarding privacy of conversations
over wireless telephones supports this opinion.
On the other hand, information encoded on secure media is more protected. I
consider floppy disks to be such media. The government does not recognize
your right to make copies of such data, unless you have purchased the data.
In that case the government does grant you the right to make copies for your
own use (under the 'fair use' provision of the copyright laws).
--
Kurt Guntheroth
John Fluke Mfg. Co., Inc.
{uw-beaver,decvax!microsof,ucbvax!lbl-csam,allegra,ssc-vax}!fluke!kurtminow@decvax.UUCP (Martin Minow) (04/12/84)
Kurt Guntheroth asks "in what sense is it illegal to steal from the cable" (HBO, teletext, etc.) If it's on the cable, your use of it is goverened by your agreement with the cable company, which specifies exactly what you may listen to or watch. If you didn't order HBO, you have promised the cable company you won't watch it. Cable is not over-the-air broacasting and is not regulated (as a broadcast service) by the FCC. Over the air services (such as HBO microwave feeds to subscribing hotels) are regulated by the "secrecy in communications" paragraph of the Communications Act of 1934. You might want to read it sometimes. Also, I believe that the ARRL has published several expanations of the FCC regulations that will probably cover the same area. To summarize, you cannot be prevented from monitoring any signal, but you may not divulge the contents, or the existance, of that signal unless it is in a general broadcast band (or amateur band) or some very special circumstance exists (such as a Mayday call) exists (in which case your duties are clearly specified). So, in summary, you can't. Martin Minow decvax!minow