The Star of TV Piracy In North America, Circa Q4, 2010

By Jimmy Schaeffler
Multichannel News

October 22, 2010

http://www.multichannel.com/blog/Mixed_Signals/31695-The_Star_of_TV_Piracy_In_North_America_Circa_Q4_2010.php


Recent research and investigations involving The Carmel Group suggest 
that more than $100 million in annual revenues are subject to being 
stolen by video thieves.

This is especially pertinent as it relates to program purveyors of 
premium (e.g., HBO, Cinemax, Showtime, and Starz) and adult programming, 
as well as every kind of cable network.

The theft is occurring primarily in the U.S. within Dish Network, and in 
Canada within Bell ExpressVu, because of their Nagra-3 conditional 
access card’s lack of a fix for card sharing, as well as the 
programmers’ frequent lack of sophistication, and certainly their lack 
of action.

Card sharing means that a legitimate set-top box access smart card is 
replicated, or cloned, by a signal thief, who is also known as a 
“pirate” or a “hacker.” Because of the limits of physics, typically 
today no more than 100 additional cards can be cloned off of the single 
master card. More precisely, when more than 100 people go on to the 
server at the same time and try to access the programs using the 
existing clone cards, the server gets clogged and cannot respond. The 
delay means the channel acquisition time becomes so long that the 
so-called customers, or hackers/pirates, would have to wait too long 
between channel changes. On the other hand, the clone cards work well 
for the pirates because they are hard to shut down via electronic means.

Through the years, The Carmel Group has advised many pay TV providers to 
employ a more sophisticated card solution to help remedy their 
conditional access problems. Yet, for Dish and ExpressVu, they and their 
conditional access partner, Swiss-based NagraStar, determined long ago 
to activate a much cheaper, “off-the-shelf” card, one that lacked the 
sophistication of a specialized card, such as that used today by the 
U.S. satellite leader, DirecTV.

The El Segundo, Calif.-based DirecTV has deployed its own specialized, 
custom card since the first half of 2004. That well-designed card has 
remained hack-free well beyond its expected time, which in its own 
version of Moore’s Law, would have been no more than 24 months.

In the case of the DirecTV card now in place, it has remained 
uncompromised for going on 66 months (or five-plus years). That, in 
itself, is remarkable, and perhaps additional testament to the advice 
given these pay TV providers many years ago. (In other words, if the 
specialized card worked for DirecTV for more than five years now, 
perhaps it is clearly the better solution for Dish and ExpressVu today.)

Today, we estimate there are roughly 200,000 pirates receiving their 
Dish Network, Bell ExpresVu, and other programming via Free-To-Air (FTA) 
card sharing. At a modest $50 per month, that amounts to $120 million 
lost by Dish and ExpressVu annually to those pirates, and good chunks of 
that amount lost monthly by premium and adult programming and by cable 
network business people who are not getting paid because Dish and 
ExpressVu are not getting paid. The Carmel Group and its affiliates 
gather information, in part at least, about pirates and their 
effectiveness, using methods gleaned from years of tracking, some of it 
tied to the Internet and its resources.

Looking down the road, we still expect a full assault upon Dish and 
ExpressVu systems to occur in the form of a further deterioration of the 
Nagra-3 card’s capabilities, meaning that within the next year, millions 
of Dish’s and ExpressVu’s viewers will be paying nothing or a fraction 
of the of value of what they watch.

A recent example of the FTA pirate scourge is the arrest and conviction 
of southern California-based FTA manufacturer and distributor, Jung 
Kwak. He recently pleaded guilty to federal charges of paying $250,000 
to the person who could prove and deliver to him the capability of 
hacking into the Dish/ExpressVu/Nagra-3 smart card.

For Dish and ExpressVu, their hands are tied. The best they can do at 
this time is to begin getting another card ready for future deployment 
and change out. This new design, or Nagra-4 card, is advised to include 
a feature that will deal with the element of card sharing (which the 
Nagra-3 card did not).

As further evidence of the gravity of the threat, card sharing is a huge 
problem today among Europe’s TV viewers. The amount of revenues lost at 
program negotiation time, and the sums that law abiding legal 
subscribers and viewers end up subsidizing daily because of the hackers 
are huge.

And what is truly amazing is that many programmers and operators have 
actually no real clue that this whole ecosystem exists. That, or, they 
turn a blind eye. They also don’t appreciate its impact on their annual 
revenues. Further, they do not appreciate how much at contract renewal 
time learning and knowing about how much of their signal revenue has 
been or will be hacked in the future, and the impact that can have on 
those program negotiations.

Make no mistake: the most revenues are lost by the adult programming 
sector. But even the off-air networks lose from card sharing and signal 
theft in that retransmission-consent agreements cannot include payments 
for subscribers who do not exist on the pay TV provider’s rolls.

---------------------
Jimmy Schaeffler is chairman and CSO of Carmel-by-the-Sea-based 
consultancy The Carmel Group.

-- 
========================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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