California Federal Court Enters $214 Million Summary Judgment against Viewtech and its CEO

On April 20, 2011, the United States District Court for the Southern District of California entered a judgment in the amount of $214,898,600.00 and permanent injunction against Viewtech, Inc. and its principal Jung Kwak.  The underlying lawsuit charged both Defendants with trafficking in Viewsat-branded receivers and software to facilitate the theft of DISH Network’s subscription-based programming.  In granting Plaintiffs summary judgment, the Court determined that the Viewsat receivers violated the DMCA because they were designed, marketed and used for piracy and not for any supposed free-to-air use.  The court’s order, which ended a nearly four-year legal battle, represents the final blow to the Viewtech operation.  In July 2009, Kwak was indicted by a federal grand jury and arrested by the Federal Bureau of Investigation on charges of orchestrating a conspiracy to crack the new NagraStar security technology and from that develop software that would enable Viewsat customers to gain unauthorized access to DISH programming.  Early last year, the court sentenced Kwak to 18 months in federal prison.  Closing down Viewtech is another major victory in DISH Network and NagraStar’s campaign to prevent satellite television piracy in North America.

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