A federal judge denied Sonicview’s motion to dismiss DISH Network and NagraStar allegations that Sonicview violated the Digital Millennium Copyright Act, stating “the Court also notes with respect to Defendants’ contention . . . the Court has found, based on evidence, that Plaintiffs were likely to prevail on the merits of this claim” in an order issued on June 24, 2010.
The Court underscored that the evidence presented by plaintiffs showed Defendants’ actual involvement in piracy and highlighted Sonicview’s sale of 8PSK Turbo Boards. Concluding its order, the Court stated that “Plaintiffs’ allegations, which are supported by evidence presented for purposes of the preliminary injunction motion, are sufficient . . . . For the reasons stated above, Defendants’ motion to dismiss Counts I and III of the complaint is DENIED.”
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DISH Network, EchoStar and NagraStar filed suit against Michael Cho, Jason Cho, and Mamertine, Inc. on Thursday evening, June 17, 2010 asserting violations of the Communications Act and Digital Millennium Copyright Act in relation to the import and trafficking in nFusion-brand pirate devices, pirate software, and operation of IKS piracy servers in the United States District Court for the District of Nevada.
Also sued in a separate action in the United States District Court for the Middle District of North Carolina was Kevin Clifton, alleged to have programmed pirate software and operated an IKS server to support nFusion piracy products.
The Ontario Superior Court of Justice recently ordered Ross Rodgers and Palma Rodgers of Barrie, Ontario, Canada to pay $50,000 in costs to Bell TV, EchoStar and NagraStar for contempt of Anton Piller (civil seizure) orders granted in February 2010. The costs are to be paid in addition to serving consecutive jail sentences of four months each.
The Rodgers are the parents of Steven Rodgers a.k.a. Tomico-ind, who also served four months in jail for contempt of Anton Piller Orders obtained by Bell TV, EchoStar, and NagraStar in 2008. The Rodgers refused to permit representatives of the Plaintiffs entry into their residence as required by the Orders. The costs of $50,000 are on a “substantial indemnity” scale to reflect the seriousness of the offence. The Court recognized that the costs order would be “ruinous” to Ross and Palma Rodgers, but was appropriate because the Rodgers were convicted of contempt after fair warning and then attempted to avoid arrest.
On May 26, 2010 the United States District Court for the District of Maryland ordered that expedited discovery sought by DISH Network, EchoStar and NagraStar could proceed. The motion was sought after defendants Robert Kluver and Leona Broda consented to entry of a preliminary injunction against them, but subsequently moved out of state and failed to apprise the court of their new address or respond to the lawsuit.
The Ontario Superior Court of Justice recently imposed consecutive jail sentences of four months each against Ross Rodgers and Palma Rodgers of Barrie, Ontario, Canada, for contempt of Anton Piller (civil seizure) Orders granted in February 2010. The Rodgers are the parents of Steven Rodgers a.k.a. Tomico-ind, who also served four months in jail for contempt of Anton Piller Orders obtained by Bell TV, EchoStar, and NagraStar in 2008.
Ross and Palma Rodgers refused to permit representatives of the Plaintiffs entry into their residence as required by the Orders. The Orders were granted to preserve evidence relevant to the Plaintiffs’ pending contempt motion against Steven Rodgers. The Court found that “Ross and Palma flatly refused to permit entry to the Rodgers Residence [and] they wilfully and deliberately chose to disobey the Anton Piller Orders.” The Court also found that the primary purpose of the Anton Piller Orders – the preservation of evidence – was frustrated by the Rodgers’ defiance, and the Rodgers displayed contemptuous attitudes. The Court concluded that “To permit Ross and Palma to blatantly defy the Anton Piller Orders – by denying access to the premises – without significant penalty would encourage pirates to ‘weigh up’ compliance with Court Orders against the penalty for contempt. If contempt is without meaningful consequence, disobedience of Court orders will result.”
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Sentencing decision available on court’s web site.
