http://www.wired.com/politics/law/news/2008/04/murdoch

Rupert Murdoch Firm Goes on Trial for Alleged Tech Sabotage

By Kim Zetter  <http://www.wired.com/services/feedback/letterstoeditor>
Email 04.21.08 | 12:00 AM 

Did a Rupert Murdoch company go too far and hire hackers to sabotage rivals
and gain the top spot in the global pay-TV war?

This is the question a jury will be facing in a spectacular five-year-old
civil lawsuit that is finally being tried this month in California but which
has, oddly, received little notice from U.S. media. 

The case involves a colorful cast of characters that includes former
intelligence agents, Canadian TV pirates, Bulgarian and German hackers,
stolen e-mails and the mysterious suicide of a Berlin hacker who had been
courted by the Murdoch company not long before his death.

On the hot spot is NDS Group, a UK-Israeli firm that makes smartcards for
pay-TV systems like DirecTV. The company is a majority-owned subsidiary of
Murdoch's News Corporation. The charges stem from 1997 when NDS is accused
of cracking the encryption of rival NagraStar, which makes access cards and
systems for EchoStar's Dish Network and other pay-TV services. Further, it's
alleged NDS then hired hackers to manufacture and distribute counterfeit
NagraStar cards to pirates to steal Dish Network's programming for free.

NagraStar and one of its parent companies, EchoStar, are seeking about $101
million for damages for piracy, copyright infringement, misconduct and
unfair competition. The list of witnesses in the case includes EchoStar's
founder and CEO Charlie Ergen; several hackers and pirates; and Reuven
Hazak, an Israeli who heads security for NDS and is a former deputy head of
Shabak, or Shin Bet, Israel's domestic security agency (the equivalent of
Britain's MI5).

The case, which began April 9 in the U.S. District Court's Central Division
in Santa Ana, California, could conceivably result in an award of hundreds
of millions of dollars, although neither side is expected to emerge
unscathed from testimony that threatens to expose the messy underbelly of
the high-stakes pay-TV industry.

As if to emphasize this point, U.S. District Judge David O. Carter said
after the proceedings began that he was concerned that the case would hinge
on testimony from known lawbreakers like hackers and pirates, who have been
employed by the companies on both sides of the lawsuit. The judge urged the
plaintiffs and defendant to settle rather than face potentially devastating
harm to their reputations.

EchoStar wouldn't comment on the case while it's ongoing, but Jim Davis, a
senior analyst with the 451 Group <http://www.the451group.com/> , a market
research firm, said the company isn't likely to settle.

...

 

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