[net.video] descrambling legalities

MRC%PANDA@SUMEX-AIM.ARPA (Mark Crispin) (03/12/86)

This all leads me to wonder what would happen with this scenario:

. I buy a satellite dish
. I put an "illegal" descrambler on it and watch all the pay services I want
  to without paying to receive them on my dish
. I continue to pay for those exact same premium services on my cable service

The reason for this odd-ball state of affairs is that my cable company charges
me much less for the premium services than the premium services would charge
me directly as a dish owner.  I am quite happy to pay for the programming but
not at the excessively high prices they charge dish owners.  After all, I am
making my own arrangements to get the signal from the bird and eliminating the
middleman (technically).

Now, suppose HBO et al get word of my little scheme and decide to take me to
court.  I would argue that I am in fact not engaged in theft of their
programming because I am in fact dutifully paying HBO for their programming
every month through my cable company.  All I'm doing is using an alternative
media.

I wonder if I would have a case?  After all, in the copyright issue it is
clear that when you buy a copyright work you are buying a license to use that
work and the media the work is carried on is irrelevant (something these legal
notices that say "any copying is illegal" misstate).  There's nothing illegal
about buying an LP or CD and copying it to cassette to play in your car; what
is illegal is if you give the cassette to somebody else.
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