Legal Question in Technology Law in New York

Sell or purchase DSS (tv) systems and/or cards

Ebay has many people buying and selling DSS cards, receivers and dishes. Is it legal to: break apart a system, meaning in most cases to buy or sell the activation card.

I am being told that it is completely legal to sell virgin activation cards as long as they have not been tampered with in anyway and are completely useable for subscription purposes. Is this true?

Secondly, can you sell complete virgin unused whole systems on ebay without violating any laws?


Asked on 3/25/02, 5:21 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Sell or purchase DSS (tv) systems and/or cards

This is one that is unanswerable without knowing the details of the technology of the cards involved and researching the patent protection, if any, of existing cards. Same holds true for the systems. Tell me what patents cover the existing systems and what technology is in the clones and I can tell you, for a large fee, whether there is infringement or not.

In general, however, if the technology is not patented, it is perfectly okay to use the technology. If the technology is, however, intended to be used primarily or solely for illegal activities such as theft of services, copyright infringement, patent infringement, etc. then it is problematic.

So, to find the answer will cost you, and that is one of the reasons providers are successful in keeping others at bay....except where digital information is the product, then the pirates have almost free reign in flaunting the law.

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Answered on 3/25/02, 7:07 pm


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