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Appeals Court: Satellite Pirates Subject to Limited Fines

9th Circuit Court of Appeals Says Individuals Don’t Have to Pay Potential $100,000 Penalty

By Linda Moss -- Multichannel News, 9/12/2007 7:32:00 AM

Satellite pirates who use smart cards to gain access to satellite-TV programming they don’t subscribe to are only subject to limited fines, not the potential $100,000 penalty that applies under commercial piracy law, a federal appeals court ruled in a split decision Tuesday.

Essentially, the 9^th Circuit Court of Appeals in San Francisco said that two alleged DirecTV pirates, Hoa Huynh and Cody Oliver, were not subject to an unauthorized decryption device law that allows damages of up to $100,000 per count.

The ruling suggested that the stiffer monetary penalties, regarding piracy for commercial gain, should apply to the manufacturers and distributors of piracy devices, not end users.

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