Ex-investigator's suit against DirecTV dismissed
A Los Angeles court last week dismissed a lawsuit filed by a former enforcer in DirecTV's anti-piracy campaign who claimed he resigned rather than continue to prosecute the company's controversial war against buyers of hacker-friendly smart card equipment.
John Fisher, a former police officer, alleged that he joined DirecTV as a senior investigator in July 2002 expecting to serve a legitimate investigative role tracking signal pirates, and wound up instead "as little better than a 'bag man for the mob." Fisher charged the satellite T.V. company with unfair business practices and wrongful termination, seeking unspecified damages and an end to DirecTV's tactics.
Los Angeles County Judge Cary Nishimoto ruled Thursday that the collection efforts that Fisher had been part of were connected with litigation, and were therefore legally privileged. Nishimoto dismissed the unfair business practices case under California's anti-SLAPP law, designed to block lawsuits filed for the sole purpose of suppressing speech or hindering access to the courts. (Under a prior agreement with DirecTV, Fisher's wrongful discharge claim against the company will be settled in arbitration.)
Last year the same reasoning resulted in the dismissal of a similar case filed by the same attorney, Jeffrey Wilens -- a tenacious opponent of DirecTV's crackdown. Wilens sued the company for extortion on behalf of seven clients who claimed to have ordered smart card programmers and other equipment for legitimate purposes, and subsequently received DirecTV's threatening letter. Last year a county judge dismissed that case under the anti-SLAPP law and awarded DirecTV nearly $100,000 in attorneys' fees. The case is now under appeal.
