Cards, cards ....... and more cards. Yes folks, things are getting pretty active in the card area. As of this writing, there are several sources for reprogrammed plastic cards, and a new addition to the menu, the so-called combo card. The plastics have been running very reliably, even continuing to play when DTV accidently de-authorized all their paying customers. (I guess this goes to show Canadian consumers which is the most reliable method of obtaining services for which there exists no lawful distributor in Canada.) And, with a bit of competition, the prices have become a little more competetive.
On the other hand, the combo card seems to be coming from a somewhat tight circle of distributors, and the price of the product seems to reflect that. As of this writing, the wholesale cost to a dealer, is between 1.5 and 2 times the price of a programmed plastic card. Another major drawback to this unit is the fact that it marries to the first IRD it is inserted in. This is very inconvenient. Although the electronic serial numbers can be changed in the eeprom of the IRD, every model of receiver will require a different procedure depending on the type and style of eeprom. And of course, to top it off., you also will need a plastic card!
The distributors of this product have assured potential buyers of it's superiority, however that will remain to be seen. The device is equipped with a 27c128 EPROM, to allow for code changes in the case of an ECM. (I'm sure this will make many satellite dealers happy, since they probably have a few of these kicking around....) This EPROM also contains a special cyptographic serial number, which marries a specific card to that unit.
It would appear that a major weakness to this card is that the security of it does not lie in the extra hardware, it lies in the plastic card itself. This means, any party with the ability to completely read an H series card, would have the ability to generate the unique serial numbers contained in the EPROM, and thus would enable them to successfully duplicate the "combo card". Given the individual purported to have developed this product (he shall remain nameless at this time) , it seems unbelievable that the security of the product would be reduced to that level. Not that it an easy task to reverse engineer and read the plastic card, but there certainly are several parties with the ability to do this. This certainly would give unscrupulous individuals the opportunity to undermine the efforts of the originators of this device.
At this time, it is difficult for me to see any advantage to this card. Particularly since you need to acquire a plastic card for it anyways. Perhaps if the programmed plastics do get ECMed and this product does not, it may prove to be an attractive option, however until that happens, it seems nothing more than speculation to presume which product will prevail.
On the legal front, things pretty much remain the same. The R.C.M.P. (Video Police) in Manitoba have continued to harrass and intimidate satellite dealers. We have filed our motion, and at this time are awaiting a hearing date. We are asking the Court to declare that the search and seizure by the RCMP was an illegal one, and an order that the equipment be returned forthwith. It seems disgusting that after having paid the Government of Canada over $1400 in taxes and duty, I am denied possession of the goods which I have legally imported into Canada. And I might add, I have not been charged with anything.
The RCMP have taken it upon themselves to threaten local dealers with seizure of certain shipments they are expecting, in an attempt to have the equipment returned back the the U.S. What is interesting about this is that they appear to only be threatening seizures, not charges. This seems to me to be highly illegal, since they are not allowed to influence economic control over a companies or any persons property. They certainly have the right to investigate and charge people for crimes being committed, but when they are simply threatening to hurt you financially with seizure of your goods, that is plain wrong.
It only makes me wonder what is in it for the RCMP, or at least certain members, to have taken such an overzealous position on behalf of ExpressVu and Star Choice. It was discovered last year that the RCMP were paid by DirecTV, are they perhaps on someone elses payroll this year? Although there certainly is no hard evidence to suggest this, the inference seems tempting.
It is also interesting to note that this is only happening in Manitoba right now, despite the fact that the Radiocommunications Act which the RCMP claim supports their position on this, is a federal statute. So if it is illegal in Manitoba, it is illegal in all of Canada. Yet, while my equipment remains in RCMP custody, thousands of systems have been imported and sold in every other province in the country, with no interference from the RCMP.
I am quite confident we will prevail in court, but it seems unlikely that I will have my equipment returned to me in time for the busy fall season. This will only cause further harm, for which the Court we are before has no authority to compensate for. In order to get any type of compensation for this, I would have to file a civil suit, which of course is also an expensive and drawn out process. Does any of this seem fair? It certainly does not to me. However, I certainly will entertain the thought of pursuing a civil suit, I think the outcome could be quite interesting, and enlightening for the Canadian taxpayers.
It's been a busy month, and I hope to bring you more interesting legal news by next issue. 'Til then, take care!