Boards' ruling on the use of the word "clone"

Nehaxak

Hi,

I would like if possible please a final ruling from someone at Boards of a higher stature than a Cmod in regards the use of the word "clone" being illegal when referring on boards to satellite receivers.

I take this recent thread as an example...

http://www.boards.ie/vbulletin/showthread.php?t=2055804144&page=4

The Cmod has already input and given their rulling on the matter, for which I think they are wrong and have been given false legal information from a user who complained that someone on that thread used the word clone in reference to a dreambox receiver.

The word "clone" in referrence to a receiver similar to an original Dreambox has become these days more or less just a slang term for anything that even resembles a Dreambox receiver in either looks or functionality and there exists many a receiver that are perfectly legal that could otherwise be deemed exact replica's of the original and which accept the exact same operating system images as the original without breaking any EU law or otherwise, yet are referred to as dreambox clones.
These "clones" are sold and used throughout Europe in a perfectly legal manner, albeit bought an awful lot cheaper than an actual original Dreambox and hence many people would buy them in perference because of the cheaper prices (they do the exact same job).

It only might become a legal issue if someone said they have a clone receiver badged as an original Dreambox. Merely saying the word "clone" does not do this, as again, it's mostly used as a slang term in reference to any receiver of a similar nature (some of them are actually badged as Linbox, Eagle box or other).

Nobody was selling or advertising for sale any receiver, clone or otherwise. A user cannot be just presumed guilty of any law just by mentioning a single word in reference and just presumed to be illegal.

Also, given that the main sole use (whether people admit it or not) for a Dreambox throughout Europe is the reception of both free and subscription TV, including for the most part the ability to easily decrypt/decode pay TV for free, then surely the issue here is the discussion at all in relation to Dreamboxes and not just because some people managed to buy a similar receiver (a "clone if you will) for cheaper than the original but the fact that the boxes themselves are used mostly for the sole purpose of illegal decryption of Pay TV services ?

Again though, that cannot just be presumed but if the word clone used in reference to a similar receiver is not to be allowed as it would be "presumed" in reference to an exact replica badged receiver, then it can be taken that the use of the word Dreambox is in itself illegal as the receivers main use throughout Europe is illegal reception and decryption of Pay TV services.
In the same vein, other receivers that are not Dreamboxes can do similar with the addition of an extra card reader or external device.

A direct example of the use of Dreambox use elsewhere on Boards can be seen on the Soccer forums, where the vast majority of live football match streams are taken originally from that which are decrypted with a Dreambox (clone or original) and subsequently streamed to the internet. In fact, the cloned Dreamboxes do a better more stable job at streaming football matches from decrypted pay TV and are the receivers of choice over any original Dreambox for this purpose, particularly so in relation football matches received outside of the country or broadcast origin.

Yet this is not illegal. Even though they might well be using a "clone" receiver for the purpose.

Myself I think the original complaint on that thread was born out of begrudgery as the original poster has paid (if I remember rightly) well over a thousand Euro for their receiver where others can purchase a similar "clone" receiver for a couple hundred Euro.
I paid a feckin' fortune at the time for my original receiver but I wouldn't begrudge others discussing or requesting help for their receiver just because it was a "clone" or otherwise and that they bought theres for hundreds cheaper.

There are plenty (massive amounts to be sure) or other forums for Irish Dreambox, clone or otherwise, users' to go too to seek help or discussion but it's to the good nature of Boards.ie in general that Irish users have sought to discuss their receivers, images, plugins et all., but a lot (if not all at this stage) of those other forums actively advertise, encourage and support the illegal reception of pay tv services. Boards do not and what was being discussed in that thread itself was nothing to do with that, nor even touching on it.
Yet if we as users' have to put up with other users' jumping in and more or less shouting "hey you, you dirty criminal, I don't think you have an original receiver so shut your mouth" then it'll just stifle legit discussion and push those users' elsewhere, ultimately to more nefarious websites/forums.

BTW, if you take another forum on boards, the games forum and in particular the handheld console part of same. Discussion has gone on forever in regards the likes of the R4DS cards or similar, which for all intents and purposes are "clones" of original gamecards and which are used for the most part to hold illegal copies of game images to play. Yet they can also be used for other purposes not illegal and hence are deemed rightly so more or less as homebrew cards even if not used as such. Discussion of same has gone on, on Boards, with little or no problems, notwithstanding a few complaining or making veiled legal threats to stifle their discussion.

That is all and thanks if you managed to read this far without skimming