Modded Boxes Legal ? (Appeal Court)

[karym6]

This is my way of thinking also.

However, they could prove criminal intent if you have an image capable of getting those premium channels. The trick is to have an image that only shows FTA channels from the get go.

 

[Rat]

this is interesting then as its always been thought the feed is theres and its illegal to use there feed unautherised
deffo brings new light to the subject

 

[karym6]

there is nothing in law stating it is illegal. They would need to disconnect a feed before it would become illegal in any case. By and large, they dont which shows negligence if you were building a case.

However, I think I am freesat bound now

 

[MFCGMFC]

i didn't know until recently that if you plugged a freeview box into the cable feed you could recieve the "freeview" channels but hey it works, so by doing that am i breaking the rules?

Cheers
MFCGAVMFC

 

[karym6]

just a regular freeview box?

 

[jamesyboyjim]

as far as im aware a regular freeview box will not work with a cable connection simply because its designed to pick up dvb-t and not dvb-c which is what cable is.

 

[nozzer]

this is interesting then as its always been thought the feed is theres and its illegal to use there feed unautherised
deffo brings new light to the subject

afaik, its not illegal as such but it is against the terms and conditions of supply to connect any device which is not authorised by the cable companies.

 

[nozzer]

Eg. If say \/irgin broadcast over their system using the DVB-C standard (which they do), and you use a receiver that is DVB-C licenced (such as a dreambox), then this is fully authorised and totally in compliance with transmission and reception law.
If \/irgin receive money from the licence fee (which they do), they are required to provide free access on the certain channels -certainly not required to use that licence fee to prosecute legitimate users. I have little understanding of cable but at this point there is no way I can accept this as anything near illegal, civil or criminal.

Cable is classed as a closed circuit system rather than a broadcast system and they apparently have the right to decide what can and what cannot be connected to that system. They do this by imposing a set of terms and conditions which prohibits any unauthorised device from connection (note not law but terms & conditions of continued supply). The fact that any device you connect is dvb-c compliant is irrelevant to those terms and conditions.

Regarding free access to certain channels. At the moment they also transmit analog signal down the cable which allows the cable to be used as a standard aerial input to TV's. This will give you the normal terrestrial analog channel set. Where there is no alternative but to use the cable (ie shared systems in blocks of flats etc with no other access to TV) then I believe there is implied permission to use the cable in this fashion. For normal houses etc then I dont think this applies as they have the right to cut the feed to any non-subscribed dwelling (and they often do exactly that, simply to free up taps for new customers).

Once everything goes digital then i'm not sure what will happen but I expect that someone will have to provide authorised boxes for people with no alternative. For the rest, then the fact that a connection can be simply terminated means if people dont subscribe then they cannot expect a live cable feed !

 

[JimmyP]

This is my way of thinking also.

However, they could prove criminal intent if you have an image capable of getting those premium channels. The trick is to have an image that only shows FTA channels from the get go.

dont put any softcam and emu's into the box then totally legal i would off thought

 

[MFCGMFC]

just a regular freeview box?

yip just the regular asda brand freeview box, i can guarentee this works cause i put the line into the box and picked up the music channels bbc3 bbc4 etc its the only line into the flat so thats all they've got

Cheers
MFCGAVMFC

 

[nozzer]

yip just the regular asda brand freeview box, i can guarentee this works cause i put the line into the box and picked up the music channels bbc3 bbc4 etc its the only line into the flat so thats all they've got.

Sounds like a system where multiple sources are multiplexed onto the same cable feeds into the flats. Normally, dvb-t & dvb-c are not compatible as they use a different modulation technique and very different symbol rates.

 

[DW190]

Do the Cable Companies have any rights with regard to running a Cable under you garden or drive if you cancel your subscription?

My thoughts is if they leave it intact they are inviting use of it.

If you have no use for it send them a bill for underground storage of their cable.

 

[pinkhelmets]

Cable is classed as a closed circuit system rather than a broadcast system and they apparently have the right to decide what can and what cannot be connected to that system. They do this by imposing a set of terms and conditions which prohibits any unauthorised device from connection (note not law but terms & conditions of continued supply). The fact that any device you connect is dvb-c compliant is irrelevant to those terms and conditions.....

Thanks Nozzer, this explains a bit more. Since 'terms & conditions' for any closed system will be covered by civil law it means that it is not a criminal offence, at least none that i can think of? Also, you could not be charged under civil contract law if you do not have a contract, so could not be bound by terms and conditions to which you have not agreed. It may be the right of the cable provider to disconnect the service if you do not have a contract or agreed equipment, but this seems the only action they could take as I dont see what other law inforces receiving of unencrypted channels that are broadcast into your home, closed circuit or not. [definition of 'broadcast' does not change with method or frequency used]

.....So yep they could say what equipment they would or would not allow for their contracts, but if someone decided to not have a contract because the dvb-c closed broadcast was switched on, available & free/unencrytpted in their home, then as I see it there is no criminal intent & no reason for criminal charge whatsoever. Obviously if this is the case they wont advertise the fact to make it common knowledge, and i'm not a lawyer so maybe I got this all wrong, but its an interesting topic.:Cheers:

 

[pinkhelmets]

Do the Cable Companies have any rights with regard to running a Cable under you garden or drive if you cancel your subscription?

My thoughts is if they leave it intact they are inviting use of it.

If you have no use for it send them a bill for underground storage of their cable.

This isnt really any point of direction, no offence . They would have been given permission to put it there, if you really wanted it removed you could ultimately do it at your own cost as long as you returned their property. Its left there to save cost of removal, disturbance, and for future benefits, not for people to abuse it it some way. This thread has gone way off topic lol

 

[nozzer]

.....Also, you could not be charged under civil contract law if you do not have a contract, so could not be bound by terms and conditions to which you have not agreed. It may be the right of the cable provider to disconnect the service if you do not have a contract or agreed equipment, but this seems the only action they could take as I dont see what other law inforces receiving of unencrypted channels that are broadcast into your home, closed circuit or not. [definition of 'broadcast' does not change with method or frequency used]

I think this is where things start to get a bit grey and clarification is needed from someone with proper legal knowledge. I'd guess that without a contract then you have absolutely no right to connect anything to the system UNLESS you have the implied rights of use for analog reception by using the cable as an antennae for your TV (I'm sure this is only valid in circumstances where there is absolutely no alternative).

Part of the answer may come down to whether the cable entry point is classed as a utility entry point or not. I seem to remember there is a specific set of laws governing the unauthorised use of a utility.

 

[DW190]

No. 5 is interesting

E Using our equipment

1. Where we hire equipment to you it will be our property at all times and we may need to alter or replace it from time to time. For us to do this, we will need reasonable access to your home.

2. You are responsible for making sure that our equipment is safe and used properly at all times. To do this, you agree to do the following:
a. Follow the manufacturer's instructions and any other instructions we have given you;
b. Keep the equipment under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you). You must not move our equipment from your home without our permission;
c. Insure any of our equipment against any loss, theft or damage for the full replacement value;
d. Not remove, tamper with or cross out any words or labels on our equipment;
e. Take proper care at all times to prevent the loss or theft of our equipment.

3. You agree to tell us immediately about any loss or damage to any part of our equipment. You should do this by phoning, emailing or writing to our Customer Care team. You agree that you are responsible for any loss of or damage to the equipment, regardless of how it happens. We will charge you for any loss of or damage to the equipment.

4. If we or you end this agreement, or you decide to disconnect from some of our services, you must return our equipment to us (or let us collect it from you if we choose to do this). You must return equipment or make it available for collection in a reasonable condition, allowing for fair wear and tear. If you fail to return or make available the equipment for collection for any reason, we are entitled to charge you for the replacement cost of the equipment. If we hold any money we may use that money towards the cost of the equipment. If we have supplied you with any additional equipment, we'd encourage you to dispose of it responsibly if you're no longer using it so please contact us for further information about disposing of your additional equipment.

5. Any equipment which you own and which you connect to the system (for example, phones, fax machines, PCs) must meet with all relevant laws and regulations. We reserve the right to disconnect any equipment that does not meet these laws and regulations. You may use your own equipment together with our equipment, but we do not guarantee that our equipment will work with your equipment.

6. We will not be liable in any way for any loss or damage which is caused to your own equipment arising as a result of its use with our equipment. We will not be liable for any loss of or damage to any additional equipment. We have the right to charge you for any replacement additional equipment.

 

[carlowchris]

what type of cable is running under your property??????????
if your talking about the drop from the dp cabnet you are within your rights to remove this cable yourself from the omni box at front wall of your house to the sweept t at the boundry of your property
but if you orriginally gave permission for a fibre/trunk or network cable to be ran you would of signed a wayleave,this is a legal thing and if you touched it the cable co.would try and prosicute you.but not always it depends how many you'd cut off by digging it up and if another route is easly found.