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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

North Carolina Federal Court enters judgment against NFPS Code Reseller

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On November 28, 2016 the United States District Court for the Western District of North Carolina granted DISH Network and NagraStar’s motion for final judgment against Andy Hage.  Hage was sued by DISH and NagraStar in 2015 for federal claims arising out of his trafficking in subscription codes to an IKS piracy service known as NFPS.  The Court’s order includes a permanent injunction against Hage as well as an award of $45,000 in statutory damages under the DMCA.  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 Hage.

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NFPS Code Reseller Hit with $220,000.00 in Damages and Injunction Order

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On November 8, 2016 the United States District Court for the Eastern District of Tennessee granted DISH Network and NagraStar’s motion for final judgment against Lester Barnaby.  Barnaby was sued by DISH and NagraStar in 2015 for federal claims arising out of his trafficking in subscription codes to an IKS piracy service known as NFPS.  The Court’s order includes a permanent injunction against Barnaby as well as an award of $220,000 in statutory damages under the DMCA.  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 Barnaby.

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Indiana Federal Court Enters Injunction against NFPS end-user and Awards NagraStar $10,000 In Damages

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On September 13, 2016 the United States District Court for the Southern District of Indiana granted DISH Network and NagraStar’s motion for final judgment against John Ladd Sr.  Ladd was sued by DISH and NagraStar for federal claims arising out of his purchase and use of subscription codes to the NFPS IKS service.  The Court’s order includes a permanent injunction against Ladd as well as an award of $10,000 in statutory damages.  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 Network programming.  NagraStar is currently initiating enforcement efforts against Ladd.

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