Florida Federal Court enters final judgment against NFPS end-user George Jacobus, awards $10,000 in statutory penalties, and issues a permanent injunction

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On April 6, 2017 the United States District Court for the Southern District of Florida granted DISH Network and NagraStar’s motion for final judgment against George Jacobus.  Jacobus was sued by DISH Network and NagraStar in 2016 for federal claims arising out of his subscription to the NFPS IKS service. The Court’s order includes a permanent injunction against Jacobus as well as an award of $10,000 in statutory damages (the maximum damages per violation) under the Electronic Communications Privacy Act.  DISH Network and NagraStar continue to investigate and take action against those responsible for trying to circumvent the companies’ security system in order to gain unauthorized access to DISH Network programming.

Final Default Judgment and Permanent Injunction

Florida Federal Court enters final judgment against NFPS end-user Tony Grier, awards $10,000 in statutory penalties, and issues a permanent injunction

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On April 6, 2017 the United States District Court for the Southern District of Florida granted DISH Network and NagraStar’s motion for final judgment against Tony Grier.  Grier was sued by DISH Network and NagraStar in 2016 for federal claims arising out of his subscription to the NFPS IKS service. The Court’s order includes a permanent injunction against Grier as well as an award of $10,000 in statutory damages (the maximum damages per violation) under the Electronic Communications Privacy Act.  DISH Network and NagraStar continue to investigate and take action against those responsible for trying to circumvent the companies’ security system in order to gain unauthorized access to DISH Network programming.

Order Granting Motion for Default Judgment

Arizona Federal Bankruptcy Court enters judgment against NFPS User and Rules Damages are Non-Dischargeable

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On March 26, 2017 the United States Bankruptcy Court for the District of Arizona granted DISH Network and NagraStar’s motion for summary judgment against Stevan Martin.  Martin was sued by DISH and NagraStar in 2015 for federal claims arising out of his purchase and use of subscription codes to an IKS piracy service known as NFPS.  The Court’s order includes a permanent injunction against Martin as well as an award of $10,000 in statutory damages under the ECPA.   The Court further ruled that the entirety of the damages amount was non-dischargeable in Martin’s bankruptcy proceeding. DISH and NagraStar continue to investigate and take action against those responsible for trying to circumvent the companies’ security system in order to gain unauthorized access to DISH programming, as well as those engaged in the sale of devices or services designed to facilitate piracy.  Following receipt of the Court’s ruling, NagraStar will initiate enforcement efforts against Martin.

Final Judgment and Permanent Injunction

DISH/NagraStar Identify Jesus and Jessica Herrera Via U.S. Litigation and Proceed With Claims for Trafficking in Circumvention Devices and Pirate Services

On April 21, 2016, NagraStar and DISH Network (collectively “NagraStar”), filed a John Doe suit in Federal Court in the Southern District of Texas to identify and take action against individuals trafficking in piracy software and subscription codes to pirate IKS services including MundoIKS and RojoIKS.  The software and subscription codes allow users to circumvent NagraStar’s security technology and gain unauthorized access to DISH Network’s satellite signal and steal the copyrighted content broadcast through their service.  The federal suit alleges claims under the Digital Millennium Copyright Act (17 U.S.C. 1201(a)(2)) and Federal Communications Act (47 U.S.C. 605(a), and (e)(4)).  On June 27, 2016, the Court issued an Order granting NagraStar permission to issue third party subpoenas for PayPal records in an effort to identify the Does responsible.  On October 6, 2016 NagraStar filed an Amended Complaint naming Jesus Armando Herrera Moscosso and Jessica Herrera Noriega individually and d/b/a Mundo IKS and Rojo IKS as the persons responsible for the claims at issue.  NagraStar has initiated service on the Defendants through the Hague Convention via the Mexico Central Authority and is preparing to aggressively prosecute their claims seeking both impoundment and monetary relief as well as a permanent injunction.  NagraStar has also supported separate legal proceedings against Jesus Herrera in Mexico.

Southern District of New York enters final judgment against NFPS end-user Gicu Murgoci, awards $10,000 in statutory penalties, and issues a permanent injunction

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On March 3, 2017 the United States District Court for the Southern District of New York granted DISH Network and NagraStar’s motion for final judgment against Gicu Murgoci.  Murgoci was sued by DISH and NagraStar in 2016 for federal claims arising out of his subscription to the NFPS IKS service. The Court’s order includes a permanent injunction against Murgoci as well as an award of $10,000 in statutory damages under the Electronic Communications Privacy Act.  DISH and NagraStar continue to investigate and take action against those responsible for trying to circumvent the companies’ security system in order to gain unauthorized access to DISH programming.

Final Judgment and Permanent Injunction