Archive for June 1, 2012
California Federal Court Enters Summary Judgment Against Sonicview Defendants, Awards $64.9 Million in Damages and Issues Permanent Injunction
On May 31, 2012 the United States District Court for the Southern District of California issued an Order finding Sonicview receivers, i-Hub dongles and A-1 modules violated the Digital Millennium Copyright Act as well as the Federal Communications Act. The Court’s Order granted motions for summary judgment filed by DISH Network and NagraStar and denied cross-motions for summary adjudication filed by the Sonicview corporate entity and various individual defendants and officers of the company. The Court found Sonicview and its individual officers (Bobby Sanz, Alan Phu and Danial Pierce) jointly and severally liable for statutory damages in the amount of $64.9 Million dollars payable to DISH Network, NagraStar and EchoStar Technologies, and found Sonicview distributors Duane and Courtney Bernard jointly and severally liable for statutory damages in the amount of $984,800.00, and ruled that the damage award was non-dischargeable in Duane Bernard’s Chapter 7 bankruptcy proceeding. The Court Ordered defendants to destroy all remaining inventory of Sonicview receivers, i-Hubs and A-1 modules, and entered a permanent injunction against all defendants to prevent future violations. DISH Network and NagraStar are pleased with the Court’s ruling and intend to vigorously pursue collection and enforcement remedies.
Federal Court enters default against Dark Angel end-user Jeffrey Parsons, awards $10,000 in statutory penalties and issues a permanent injunction
On May 30, 2012 the United States District Court for the Western District of North Carolina granted DISH Network and NagraStar’s motion for default against Jeffrey Parsons. Parsons was sued by DISH Network and NagraStar for federal claims arising out of his subscription to the Dark Angel services. The Court’s order includes a permanent injunction against Parsons 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.