Dang BJ, dont hold back, tell us what ya think.......
Unfortunately the "association" has been made, just as the association of FTA ="hacking"= satellite signal theft. This has caused a movement in our community to refer to Free To Air as TRUE Free To Air, in an effort to distance our legal activities from the signal theft group. This annoys me as well but a great number of people conjure ideas of free DN/Bell when they hear the term FTA.
DVB-S/S2 receivers are designed to receive DVB-S/S2 signals broadcast In The Clear, and are also capable of receiving the encrypted signals (also DVB format) AND running a decryption routine added to the flash memory derived from proprietary info gleened from the pay provider's conditional access hardware.....aka hacked card. This "3rd party software" is the root of the confusion between legal and illegal satellite signal reception. DVB receivers with OEM software are incapable of displaying encrypted content. 3rd party software is what makes a DVB FTA receiver capable of signal theft.
So in a nutshell, if a signal is broadcast unprotected and free of any means of encryption, one may freely view/listen to it, but if one by some means removes the protection without the express consent, permission or knowledge of the owner of the signal, then one has "stolen" it in the eyes of the DMCA.
In a similar vein.........alleged unauthorized reception of Public Safety broadcasts. As any of you HAMS that have ever "hacked" a commmercial tranceiver for use on the Amateur bands, you are probably aware that Motorola is VERY pissy about re-distro of their RSS (Radio Service Software)
Motorola's gaggle of ambulance chasers, hand in hand with LEA/DA entities has made attempts to confiscate equipment and incarcerate persons that have Motorola trunking equipment that's programmed to LISTEN to Public Safety trunked systems.
Their EULA does not allow for transfer of the RSS to anyone, and they claim that if you are in possession of a radio that has being programmed by their software, and you do not have a license for that software, you are guilty of theft.
How's that for a CROCK! AFAIK, the courts have tossed it all out so far, but the fact that it even made it that far is disturbing in itself.
This is obviously 100% LEA driven.
Next question in this vein, what if they encrypt? It's
PUBLIC SAFETY, not private, not commercial, not covered by the Digital Millinium
Copyright Act.............hmmmmm
Next observation ..................Timmy is that you?