D'Avignon denies owning device

By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Bill D'Avignon, the city's deputy director of planning, is accused in a civil lawsuit of buying an illegal device to pirate DIRECTV satellite programming.
DIRECTV's complaint, filed in U.S. District Court, asks for $10,000 in damages and $850 in legal fees.
Others in Niles, Cortland and Youngstown are named in separate suits filed this week. And the California-based company filed similar lawsuits against several Mahoning Valley residents in September, according to Vindicator files.
DIRECTV delivers more than 225 channels of satellite programming nationwide and has invested $1.25 billion for its system. Customers must obtain an access card and other hardware, including a small satellite dish, and establish an account.
On Tuesday, DIRECTV's Columbus lawyer, David A. Wallace, referred questions to Robert Mercer, company spokesman in El Segundo, Calif.
Mercer said lawsuits are filed only after two "demand" letters are sent stating that the claim will be released for a payment of $3,500, return of the illegal devices and a promise not to steal again. Mercer said more than 80,000 demand letters were sent nationwide within the past year. He didn't have the current number of lawsuits filed.
D'Avignon's response
D'Avignon said Tuesday that the complaint is ridiculous. He said he stopped getting the DIRECTIV signal after moving twice and bought a device from an Internet company that was supposed to restore the signal, which it didn't. He said he has no device that will pirate DIRECTV programming.
He said he canceled his DIRECTV subscription about two years ago and now has cable. He intends to hire a lawyer and "see what happens."
The lawsuit contends that D'Avignon's name was found in November 2001 during seizure of sales and shipping records at a distribution point in California.
The records show that he bought a "bootloader" in June 2001, the lawsuit states. A bootloader repairs illegal access cards that get damaged periodically when DIRECTV sends electronic countermeasures, Mercer said.
Other lawsuits
Named in the separate suits filed this week are Jim Manning of Smithfield Street, Youngstown; John Link of Turquoise Drive, Cortland; and Joseph Tricomi of Millcreek Road, Niles.
"We're attacking every link in the chain, from the code writers at top to the end user," Mercer said. "We're attempting to attack the perception that there's nothing wrong with stealing TV programming."
Mercer said the satellite company has an obligation to protect its honest customers.
Mercer said those pirating DIRECTV signals are saving the monthly fee, $39 at the low end, plus the cost of pay-per-view programs. He said there's no way of telling how much the company has lost to those who pirate programming.
meade@vindy.com