Federal Court enters default against Dark Angel end-user Elbert Powell, awards $10,000 in statutory penalties and issues a permanent injunction
On May 8, 2012 the United States District Court for the Middle District of Alabama granted DISH Network and NagraStar’s motion for default against Elbert Powell. Powell 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 Powell 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.