Echostar v. Freetech

EFF has asked a federal court to reject efforts by Echostar to get the names and addresses of every customer that purchased a free-to-air satellite receiver. Echostar claims that the receiver can be modified to pirate DISH satellite TV programming. EFF argues that Echostar's demand, which seeks all purchasers regardless of whether they actually pirated DISH TV, would violate user privacy and leave innocent purchasers vulnerable to bogus legal threats.

On Sept. 29, 2008, Magistrate Judge Seeborg agreed with Freetech and EFF, refusing to allow Echostar to obtain the identity and contact information of every individual who purchased a Freetech receiver. The court concluded that "the requests for customer lists ... could lead to the perceived harassment of legitimate users and a cocomitant chilling effect on the purchase and lawful use of Freetech's FTA receivers."

Documents

September 29, 2008 Court Order Granting Protective Order[PDF, 141.44 KB]
September 2, 2008 Freetech Reply Brief[PDF, 202.66 KB]
August 29, 2008 Echostar's Response to EFF amicus brief[PDF, 1.22 MB]
August 25, 2008 Echostar's opposition brief[PDF, 219.51 KB]
August 15, 2008 EFF amicus brief[PDF, 195.74 KB]
August 11, 2008 Freetech Motion for Protective Order[PDF, 1.48 MB]
December 4, 2007 Complaint[PDF, 695.58 KB]

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