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.
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.”
Download the Judgment
Sentencing decision available on court’s web site.
EchoStar and NagraStar, together with Bell ExpressVu, recently executed Anton Piller (civil seizure) orders against Steven Rodgers a.k.a. Tomico-ind, of Barrie, Ontario, Canada, as well as against his parents Ross and Palma Rodgers, at their business and residence.
In 2007-2008, Rodgers served four months in prison for contempt of a previous Anton Piller order. The recent orders resulted in the seizure of several computers and electronic media used by Rodgers. Following the execution of the recent orders, Ross and Palma Rodgers were arrested and held in custody for failing to appear at a contempt motion brought against them.
The companies also launched new contempt proceedings against Rodgers, who they allege has continued to engage in piracy activities contrary to various injunctions and judgments against him.
The companies say that Rodgers has continued to operate numerous piracy-related web sites and hide behind numerous online identities including The Warden, PIMPINnagravision, ThEmAdHaTtEr, Vic Damone, Retired fellow, Nagra3.com, dano, IwuzB4Him and Dish-outlaws. The evidence is set out in detail in one of the affidavits filed in the case [click here].
The companies also obtained orders lifting the stay of proceedings against Rodgers triggered by his bankruptcy, thereby sending a signal to Rodgers and the piracy community that bankruptcy does not prevent the prosecution of piracy-related claims.
