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.

Dckt. 181-Order Granting Plaintiffs’ Motion for Summary Judgment and Denying Defendants’ Cross-Motion for Summary Judgment

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.

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

On May 29, 2012 the United States District Court for the District of Rhode Island granted DISH Network and NagraStar’s motion for default against Daniel Dalmer.  Dalmer 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 Dalmer 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.

California Federal Court Holds Tan Nguyen, Operator of the ftaforall Websites in Contempt of Injunction Orders and Imposes Sanctions

 

On May 14, 2012 the United States District Court for the Central District of California entered an order finding Tan Nguyen in contempt of the Court’s injunction Orders.  Nguyen is the owner/operator of ftaforall.us, ftaforall.info, ftaforall.biz and ftaforall.net.  NagraStar and DISH Network filed suit against Nguyen and the websites in March of this year.  The Court entered a Temporary Restraining Order shutting down the websites and enjoining Nguyen from further statutory violations.  After Nguyen re-launched the enjoined content on ftaforall.tk, the Court entered a Preliminary Injunction Order.  Today’s Order by the Court holds Defendant in contempt of both of those injunctions and Orders defendant to pay fines to the court after 7 days starting in the amount of $1,000 per day and escalating to $10,000 per day until he is in full compliance.

 

Florida Federal Court Enters Final Judgment and Permanent Injunction against I.E. Entertainment, Inc., its owners, and the website www.abadss.com

On February 14, 2012 the United States District Court for the Middle District of Florida (Tampa Division) entered final judgment in NagraStar/DISH Network’s case against I.E. Entertainment, Inc. and www.abadss.com.  NagraStar sued Defendants in February 2011 for the operation of the abadss site in violation of the DMCA and other federal statutes.  The final judgment includes acknowledgements that the software distributed on abadss.com “were primarily designed, marketed and used to facilitate piracy of DISH Network programming” and awards DISH Network and NagraStar $8,993,600.00 in statutory damages under their DMCA claim.  The judgment also permanently enjoins Defendants from engaging in similar conduct going forward.  In a separate settlement agreement reached between the parties, I.E. Entertainment forfeited the abadss.com website to NagraStar, which now resolves to satscams.com.