DISH/NagraStar Identify Jesus and Jessica Herrera Via U.S. Litigation and Proceed With Claims for Trafficking in Circumvention Devices and Pirate Services
On April 21, 2016, NagraStar and DISH Network (collectively “NagraStar”), filed a John Doe suit in Federal Court in the Southern District of Texas to identify and take action against individuals trafficking in piracy software and subscription codes to pirate IKS services including MundoIKS and RojoIKS. The software and subscription codes allow users to circumvent NagraStar’s security technology and gain unauthorized access to DISH Network’s satellite signal and steal the copyrighted content broadcast through their service. The federal suit alleges claims under the Digital Millennium Copyright Act (17 U.S.C. 1201(a)(2)) and Federal Communications Act (47 U.S.C. 605(a), and (e)(4)). On June 27, 2016, the Court issued an Order granting NagraStar permission to issue third party subpoenas for PayPal records in an effort to identify the Does responsible. On October 6, 2016 NagraStar filed an Amended Complaint naming Jesus Armando Herrera Moscosso and Jessica Herrera Noriega individually and d/b/a Mundo IKS and Rojo IKS as the persons responsible for the claims at issue. NagraStar has initiated service on the Defendants through the Hague Convention via the Mexico Central Authority and is preparing to aggressively prosecute their claims seeking both impoundment and monetary relief as well as a permanent injunction. NagraStar has also supported separate legal proceedings against Jesus Herrera in Mexico.