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Viewsat ordered to preserve TSOP's of all units sent in for repair
WARNING!!!
Viewsat ordered by court to preserve TSOP's of all units sent in for repair.
What this means is that if a 3rd party bin is in the unit, the TSOP will reveal that fact.
Viewsat must then, by court order, list and submit the names and addy's of any sender of said units.
A factory file does not erase the TSOP info re 3rd party bins...
Jtagging back to a Vigin bin is the only known way to restore defective TSOP files.
Viewsats can not be jtagged..
... so there you have it... if you ever had a 3rd party bin on your Viewsat and now it does not work... and you are thinking of sending it in for repair... ... you have two choices... trash it... or send it back to Viewsat so that they will add your name to DN's pirate list... and then you can expect a letter or visit from DN/Nagra along with a claim for lost revenue.
Quote:
Case 3:07-cv-01273-W-AJB Document 48 Filed 09/17/2008
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
On September 17, 2008, the Court convened a Settlement Conference in the above entitled action. Appearing were Mark Hamer, Esq., Chad Hagan, Esq., JJ Gee and Rob Frankel, client representatives on behalf of plaintiffs; David R. Clark, Esq., Manny Delacerra, Esq., Jung Kwak and Rob Rhine, client representatives on behalf of defendants.
The Court and counsel followed up on the settlement process discussed at the Early Neutral Evaluation Conference. There was also discussion about the preservation of evidence allegedly supporting the plaintiff’s claims and defendant’s defenses. While counsel work on a formal permanent
preservation plan, the Court imposes the following interim plan:
1. Starting September 22, 2008, defendant will preserve the chip from all of the units returned to defendant for repair or warranty work which are accompanied by a check in the approximate amount of $50.00. Defendant will assign a tracking number to each of these chips and record the unit’s serial number and the date of receipt for later transmission to plaintiffs. Defendant will also record the information associated with the person(s) or other entity that has returned the unit for the subject work.
The production of that information will be dealt with by the Court at some future date;
2. By October 6, 2008, defendants will provide a report to plaintiff’s counsel regarding the
chips collected and plaintiff may proceed to purchase any or all of those at $23.00 per
unit for forensic testing; and
3. The Court and counsel will review of the progress of this interim plan, and counsel’s
efforts to come up with a permanent preservation plan, at a telephonic Case Management
Conference set for October 24, 2008 at 10:00 a.m. Plaintiff’s counsel will initiate the
call.
In the interim, counsel have leave to take a Rule 30(b)(6) deposition of defendant’s representative
with regard to repair and warranty return protocols. No later than Monday, September 22, 2008,
plaintiff’s counsel will provide defendants with the Rule30(b)(6) deposition notice describing the
specific areas of inquiry involved. As this deposition is limited in scope and relates to the issue of
preservation of evidence, it is excluded from the limit of ten depositions aside under the Federal Rules.
Counsel are also required to conduct their Rule 26(f) conference and submit their joint discovery
plan by October 24, 2008. At the next conference, the Court will confirm a date for initial disclosures,
and set further dates and deadlines as appropriate.
IT IS SO ORDERED.
WARNING!!!
Viewsat ordered by court to preserve TSOP's of all units sent in for repair.
What this means is that if a 3rd party bin is in the unit, the TSOP will reveal that fact.
Viewsat must then, by court order, list and submit the names and addy's of any sender of said units.
A factory file does not erase the TSOP info re 3rd party bins...
Jtagging back to a Vigin bin is the only known way to restore defective TSOP files.
Viewsats can not be jtagged..
... so there you have it... if you ever had a 3rd party bin on your Viewsat and now it does not work... and you are thinking of sending it in for repair... ... you have two choices... trash it... or send it back to Viewsat so that they will add your name to DN's pirate list... and then you can expect a letter or visit from DN/Nagra along with a claim for lost revenue.
Quote:
Case 3:07-cv-01273-W-AJB Document 48 Filed 09/17/2008
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
On September 17, 2008, the Court convened a Settlement Conference in the above entitled action. Appearing were Mark Hamer, Esq., Chad Hagan, Esq., JJ Gee and Rob Frankel, client representatives on behalf of plaintiffs; David R. Clark, Esq., Manny Delacerra, Esq., Jung Kwak and Rob Rhine, client representatives on behalf of defendants.
The Court and counsel followed up on the settlement process discussed at the Early Neutral Evaluation Conference. There was also discussion about the preservation of evidence allegedly supporting the plaintiff’s claims and defendant’s defenses. While counsel work on a formal permanent
preservation plan, the Court imposes the following interim plan:
1. Starting September 22, 2008, defendant will preserve the chip from all of the units returned to defendant for repair or warranty work which are accompanied by a check in the approximate amount of $50.00. Defendant will assign a tracking number to each of these chips and record the unit’s serial number and the date of receipt for later transmission to plaintiffs. Defendant will also record the information associated with the person(s) or other entity that has returned the unit for the subject work.
The production of that information will be dealt with by the Court at some future date;
2. By October 6, 2008, defendants will provide a report to plaintiff’s counsel regarding the
chips collected and plaintiff may proceed to purchase any or all of those at $23.00 per
unit for forensic testing; and
3. The Court and counsel will review of the progress of this interim plan, and counsel’s
efforts to come up with a permanent preservation plan, at a telephonic Case Management
Conference set for October 24, 2008 at 10:00 a.m. Plaintiff’s counsel will initiate the
call.
In the interim, counsel have leave to take a Rule 30(b)(6) deposition of defendant’s representative
with regard to repair and warranty return protocols. No later than Monday, September 22, 2008,
plaintiff’s counsel will provide defendants with the Rule30(b)(6) deposition notice describing the
specific areas of inquiry involved. As this deposition is limited in scope and relates to the issue of
preservation of evidence, it is excluded from the limit of ten depositions aside under the Federal Rules.
Counsel are also required to conduct their Rule 26(f) conference and submit their joint discovery
plan by October 24, 2008. At the next conference, the Court will confirm a date for initial disclosures,
and set further dates and deadlines as appropriate.
IT IS SO ORDERED.
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, DN is in no big hurry to go after the other manufacturers, although, at some point they probably will. Their game plan right now is to sit back and see what happens with the current settlement. i.e. how many chips actually get reported to them, how much they can collect from the end user. Sort of like what happened with the music download sites. They hit one, saw the results, then went after the others. His suggestion, use the cheap box and forget about the warranty or go to school and learn stb repair.