Federal Court enters default against Dark Angel end-user, awards $10,000 in statutory penalties and issues a permanent injunction

On November 17, 2011 the United States District Court for the Northern District of Ohio (Western Division), granted DISH Network and NagraStar’s motion for default against Randal Berger. Berger was sued by DISH Network and NagraStar in July 2011 for federal claims arising out of his subscription to the Dark Angel services. The Court’s order includes a permanent injunction against Berger 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 Networkprogramming.