On May 25, 2011, the United States District Court for the Central District of California entered a consent Final Judgment and Permanent Injunction against Warren Scheibe, www.nFusionOnline.com and Scheibe’s distribution companies Forward Motion Products, LLC and Forward Motion, Inc. DISH Network, NagraStar and EchoStar Technologies filed suit against Scheibe and his companies in June 2010 for their role in the marketing and distribution of nFusion-brand receivers and components. The Court’s Order enjoins defendants from marketing or distributing similar devices in the future and awarded DISH Network and NagraStar a judgment in the amount of twenty five million ($25,000,000) against the distribution companies. Scheibe has also forfeited Defendants’ substantial remaining nFusion inventory to NagraStar for destruction, as well as turning over the various nFusion-related websites used for marketing and online product sales. The Court’s permanent injunction further prevents Defendants from any future assistance in circumvention which will carry a statutory penalty of up to $110,000.00 per violation.
The Ontario Superior Court of Justice has sentenced Ravin Ramkissoon d.b.a. The Digital Store, commonly known as Nfusion Canada, and his wife Roseline Ramkisson to jail sentences of four months and two months, respectively. They were found in contempt of civil seizure (Anton Piller) Orders obtained by EchoStar, NagraStar and Bell TV in December, 2009. The Ramkisoons sold and distributed nFusion and other brands of free-to-air receivers through their company stores and web sites.
The contempt findings arose out of the Ramkissoons’ refusal to grant access to parts of their business premises when the Orders were served. They also deliberately prevented the Independent Supervising Solicitor (ISS) appointed by the Court from observing Ravin Ramkissoon in order to ensure that the evidence covered by the Orders was preserved. Additionally the Court found that Ravin Ramkissoon willfully disobeyed the Orders by removing hard drives from computers in an attempt to prevent data from being copied by the Plaintiffs.
In sentencing the Ramkissoons to jail terms, Justice Cumming stated that the Ramkissoons’ contempt was “deliberate, blatant and willful” and that having been served with civil search orders on a prior occasion, they were knowledgeable as to what was required of them in preserving relevant evidence. In awarding the Plaintiffs their legal costs in the amount of $265,887.12, Justice Cumming noted that while the costs were considerable, they were the direct result of the contemptuous actions of the Ramkissoons. These sentences represent a significant victory for the Plaintiffs in their continuing efforts to prevent satellite pay-TV piracy in Canada and the United States.
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.