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CHAPTER 10 - LEGAL ISSUES AND DISCLAIMER

This chapter gives a brief account of some of the legal issues that concern the sale and use of Cable TV descramblers.  None of the information in this chapter, or  this entire book for that matter, is to be taken as advice, legal, or otherwise.  If you have any questions concerning your rights regarding the use of Cable TV equipment, contact your attorney.

Vendors that sell aftermarket cable equipment such as descramblers and test chips, will not sell the equipment within their home state.  You are also not advised to buy equipment from companies within your home state.  The legal reasons for this vary, but the underlying reason is that when you sell equipment out of state, there is much less chance that (if someone is caught using the equipment illegally) authorities will come across state lines to seek out the vendor that actually sold the equipment. 

Not that it is illegal to sell the equipment, but authorities have been know to harass descrambler companies by confiscating their equipment and tying it up with legal (or illegal) tactics without even filing any charge against the companies.  This harassment is brought on mainly by pressure form large cable companies.  In fact, the 1992 Cable Act actually gives cable subscribers the right to buy their own set-top hardware from vendors other than the cable company.  In 1993, General Instrument Corporation filed a suit against Nuts & Volts magazine, alleging that the publication "assisted in the unauthorized reception of cable communications"  by printing advertisements from descrambler companies.  The suit was eventually thrown out and Nuts & Volts continues to allow descramblers to be advertised in their pages.

As far as using a descrambler to view channels you are not paying for is in violation of the law.  If you are interested in knowing the penalties for being caught using a descrambler in an unauthorized manner, check with your local cable company or your attorney.

DISCLAIMER

 This report was written for educational and informational purposes only. The theft of cable services is a serious crime. The purchaser of CATV equipment is not authorized to use the equipment on any Cable TV system without the cable company's authorization.  The purchaser is required to notify their local cable company and obtain authorization for use of the equipment prior to installation.  The author of this equipment does not advocate the theft of cable service.  Laws regarding the sale and use of cable television equipment vary from state to state.  You should be advised that there are Federal and State laws prohibiting theft of cable services which carry substantial criminal and civil penalties.  Sellers of this equipment assume no responsibility for claims arising from the use or resale of this equipment.

"Test" Kits are not sold with the intention that they be installed in equipment that is owned by a cable TV company, unless they are installed by the cable TV company or an authorized agent of the cable TV company.  Test Kits are sold for educational and testing purposes only, and are only intended for use in equipment that is privately owned by the purchaser of the test kit.  Any use to the contrary is not authorized by the seller of this test kits.  Descrambling devices are not sold with the intention of defrauding any cable TV company of any legitimate fees which are due them.  Any descrambling device purchased from us is to be used only with the written permission of the cable TV company.  This can normally only be done by paying the cable TV company for full service on all channels that the descrambling device will receive and descramble.  Ownership of any Test Kit, or Descrambling device does not give you the right to receive free cable TV signals and services.  It is your responsibility to comply with all local, state and federal laws as well as all cable TV company rules and regulations.  You must comply with all state and federal laws regarding private ownership of cable TV equipment.  Title 47 of the United States Code 553 states that: "No person shall intercept or receive or assist in intercepting or receiving any communications service offered over a cable system, unless specifically authorized to do so by a cable operator or as may otherwise be specifically authorized by law."  This report is in no way  legal advice.  If you have questions about your rights as a cable subscriber, contact your local cable company, or your attorney.

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