READ AND DECIDE FOR YOUR SELF WHATS RIGHT AND WHATS WRONG

The following article was published in a Toronto Newspaper.

In the midst of the election, a judge has dished out yet another blow to the government's beleaguered cultural and satellite TV policies.

Mr. Justice John Klebuc of Saskatchewan Queen's Bench has ruled Canadians can legally watch U.S. gray market satellite dishes like DirecTV, despite the government's claims they violate Canadian cultural laws.

In a written decision, Klebuc also said ``black market'' pirate computer cards that allow viewers to hack into DirecTV signals for free are not illegal in Canada because the California-based DirecTV does not operate lawfully in Canada.

Klebuc is the highest-ranking judge so far to rule on the contentious issue since the Royal Canadian Mounted Police raided dozens of satellite TV dealers last summer ``This judge has authority and will be listened to in courts across the country,'' said defence lawyer Ian Angus.

``Black or gray market infringes on their rights, it's as simple as that.''

Klebuc's ruling comes in the case against Saskatchewan satellite TV dealer Ron Ereiser, whose Kerrobert Satellite & Cellular store was raided last year.

The judge said the search was ``excessive,'' ``unreasonable'' and in violation of the Canadian Charter of Rights.

Other lower-level judges have also tossed these satellite cases out of court.
DirecTV beams in dozens of TV channels that are not authorized for distribution in Canada. It also does not carry the required Canadian programming.

Satellite technology, however, knows no regulatory barriers and signals spill over national boundaries. It is estimated more than 300,000 Canadians now have these U.S. dishes.

``Mere production of `pirate' or `gray market' programming signal is insufficient to constitute an offence,'' he said.

There is no theft of signals ``unless the telecommunication facility or service in question is authorized by law,'' which DirecTV is not, Klebuc said.

The radiocommunications act is not new. It was last amended in 1991. The RCMP are using a court of appeals decision in Excusvue vs NORSAT in which the ruling favored pukeview based on an allege infraction on the act. This was a civil judgement, however a judgement is a judgement, civil or criminal. The RCMP has purposely not mention other conflicting judgements that favor that it is not illegal. The RCMP will tell you that( Norsat ) was the last decision so they have to go by that. They darn well know that there are other cases making their way through the courts that could go against the Norsat ruling, but they are hoping that in the meantime they can cause enough damage, mostly financial. If a case is won, the RCMP will say that it was in a lower court rather than accepting that ruling, and also any win will likely be appealed, while they cause more damage, financial stress with raids and expense to the people & companies who have to pay lawyers fees. They ( RCMP ) also know that the Canadian Charter of Rights has not been argued yet, an argument strong in favor of a win, but again they hope they can put out of business, as many companies as possible, PRETTY PATHEIC!! ITS ONLY ABOUT WATCHING TV!!

An Editorial in the Hudson Gazette

Wed November 18, 1998

Grey area

It's no accident that the feds are taking their sweet time laying charges against Reg Scullion and those others the Mounties busted this past week- in connection with the sale of satellite TV equipment and software.

It's no accident the Mounties are freely tossing around words like illegal and pirated and stolen so that ignorant, gullible journalists print them without asking any questions. It's also no wonder that they got the Film and Video Security Office of Canada, Customs Canada investigations and intelligence section and the Surete du Quebec's economic crimes section to come along on the raids. Industry Canada is, on very shaky ground - and they know it.

This past week, we had the opportunity to spend an hour talking with Paul Palango, the Hamilton-based investigative journalist who has written a new book on the RCMP's confused mandate.

Entitled The Last Guardians, Palango's book deals with how the RCMP has gone from being the impartial, neutral arbiter of criminal law to being a defender of vested financial interests.

There's no better example, than what we saw last Wednesday.

Through Industry Canada, the RCMP was acting as the private enforcer for the only two legal suppliers of satellite television signals and services here in Canada, Star Choice and ExpressVu.

Comparisons are made between these two outfits and other service providers, such as Bell and Videotron. Wrong comparison. Neither Star Choice nor ExpressVu have had to invest in any major infrastructure, such as poles and cable. All they had to do was get approval from that toothless watchdog, the Canadian Radio-Television and Telecommunications Commission, the CRTC and go into business under Big Daddy's legal umbrella.

Whose interests are served by last Wednesday's VCipher bust? Star Choice and ExpressVu, naturally. Then let's not forget Sheila Copps, the Heritage Minister under whose aegis the CRTC operates. She's been making big noises lately about American inroads into Canadian magazine publishing, what with the so-called split runs of Sports Illustrated, Time and. Newsweek, as if that was going to make Maclean's any better. This government has to justify its existence by fighting for Canadian content in print or on the air - yet they couldn't even gag Howard Stern.

Here's another giveaway: Why aren't the Mounties going after eveyone who bought these allegedly illegal smart cards and systems? When average joes bought untaxed smokes from the Mohawk tobacco shops, the Mounties were all over them like a rash, arresting them and seizing their cars. Yet thousands of Canadians will continue to enjoy supposedly pirated television programming with these smart cards - and the Mounties propose to do absolutely nothing about it.

Reg Scullion has a good case against what appears to be an illegal and repressive police seizure. If Industry Canada wants to shut him down, then let's see the charges. Otherwise, get out of his face and let us watch whatever we want to watch in peace.

Hudson Gazette Editorial Wednesday November 18, 1998




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