Legal Question in Technology Law in New York

Re: cable theft

Without a lot more details, and seeing the letter itself, I can't give you a complete answer; that would require a meeting to go over the facts.

But, absent such a meeting, I can tell you you need to tread carefully here. First of all, if you did what the letter claims, you need to be very careful about any statements you make. You could easily be indicted for a felony on a theory of theft of service from the local cable company/satellite company the decoder was attached to. If the decoder can descramble all channels, your alleged theft of service could easily exceed a market value of $100/month -- over 3 years that's a huge liability plus the threat of criminal charges. I'd be very careful.

The letter, if valid, sounds like an offer of settlement. If that's the case, I'd want a stand-still from them before proceeding so you can't be held under the threat of charges being filed pending your payment of any "fine." I'd also want a signed undertaking from them releasing you from any future liability upon your payment of the "fine." This will protect you from "double dipping" (to put it mildly).

Without more details, that's the best I can do for you now; if you wish to discuss this further, please fell free to contact my office (212.366.1324).

John Friedman