Anti-Piracy pay-tv satellite information site
Pirates / Hackers
Federal Court enters default against Dark Angel end-user Michael Blair, awards $10,000 in statutory penalties and issues a permanent injunction
Thursday 2011-09-08
Federal Court enters default against Dark Angel end-user, awards $10,000 in statutory penalties and issues a permanent injunction
On September 2, 2011 the United States District Court for the Western District of Texas (Austin Division), granted DISH Network and NagraStar’s motion for default against Michael Blair. Blair was sued by DISH Network and NagraStar in March 2011 for federal claims arising out of his subscription to the Dark Angel services. The Court’s order includes a permanent injunction against Blair as well as an award of $10,000 in statutory damages (the maximum damages per violation) under the Electronics Communication Privacy Act (“ECPA”). 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.
Dark Angel IKS / Search and Seizure
Tuesday 2010-08-17
In late July 2010, DISH Network, EchoStar Technologies, NagraStar and Bell TV commenced legal actions against an organization known as Dark Angel. Injunctions have been obtained and civil search orders executed against the founder of Dark Angel, known online as “echel0n”. The execution of the Orders resulted in the seizure of substantial evidence and information, the shutdown of Dark Angel’s illegal equipment, and shutdown of the websites www.dark-angel.ca and www.darkangel.com.pa. The takeover of Dark Angel is another victory in NagraStar‘s continuing efforts to preempt satellite television piracy in North America.
Rodgers – Cost award to plaintiff’s for parents contempt
Friday 2010-06-18
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.
Currentbins – expedited discovery ordered by court
Friday 2010-06-18
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.
4 Month Jail Sentences for Ross Rodgers and Palma Rodgers
Wednesday 2010-05-19
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.”
Sentencing decision available on court’s web site.
