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.
Nevada Federal Court Orders Impoundment of Dongles and Access Data from Digital Warehouse, Inc., Satmonster.com, Coolsatellite.com and its owners/operators
On May 11, 2012 the United States District Court for the District of Nevada entered an Order directing the impoundment of various receiver dongles and access data being distributed by Digital Warehouse, Inc., Satmonster.com, Coolsatellite.com and its owners/operators. DISH Network and NagraStar sued the Defendants under the DMCA and Communications Act in December 2011. The Court entered a preliminary injunction against the Defendants in March 2012 which was followed by last week’s Impoundment Order. Discovery in the litigation is ongoing.
Federal Court enters default against Dark Angel end-user Leland Steele, awards $10,000 in statutory penalties and issues a permanent injunction
On May 9, 2012 the United States District Court for the Southern District of Iowa granted DISH Network and NagraStar’s motion for default judgment against Leland Steele. Steele 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 Steele 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 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.
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WASHINGTON — The National Intellectual Property Rights Coordination Center (IPR Center), led by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), has joined together with the FBI and six major American movie studios to launch an updated anti-piracy warning to be displayed on new releases. The anti-piracy warning will begin appearing in selected DVDs and Blu-rays released this week. The six movie studios, all members of the Motion Picture Association of America, have agreed to utilize the anti-piracy warning.
The joint FBI/HSI anti-piracy warning displays, for the first time, the HSI badge alongside the FBI anti-piracy warning seal and states that, “The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement is investigated by federal law enforcement agencies and is punishable by up to 5 years in prison and a fine of $250,000.” A second screen displays the IPR Center logo with the educational message, “Piracy is not a victimless crime. For more information on how digital theft harms the economy, please visit www.iprcenter.gov.”
“Our nation’s film and TV business is critical to our economy,” said ICE Director John Morton. “Its creativity and imagination have made American entertainment one of our greatest exports over the decades, but criminals are increasingly engaging in new forms of digital theft. Law enforcement must continue to expand how it combats criminal activity; public awareness and education are a critical part of that effort.”
The IPR Center works closely with public and private entities to increase awareness and information sharing about the harmful effects of piracy on American innovation, lost jobs and the economy. The IPR Center also brings attention to the organized criminal enterprises often behind IP theft and the public safety implications of counterfeit goods.
In June 2010, HSI launched Operation In Our Sites, which targets online commercial intellectual property crime, including websites offering pirated movies and television shows as well as a diverse array of counterfeit goods, such as sports equipment, shoes, handbags, athletic apparel, sunglasses and DVD boxed sets. To date, more than 760 domain names of websites engaged in the sale and distribution of counterfeit goods and illegal copyrighted works have been seized as a result of Operation In Our Sites. Eleven individuals have been charged with crimes or arrested, and more than $1 million has been seized as criminal proceeds.
As the largest investigative arm of the Department of Homeland Security, HSI plays a leading role in targeting criminal organizations responsible for producing, smuggling and distributing counterfeit and pirated products. HSI focuses not only on keeping counterfeit products off our streets, but also on dismantling the criminal organizations behind such illicit activity.
The IPR Center is one of the U.S. government’s key weapons in the fight against criminal counterfeiting and piracy. As a task force, the IPR Center uses the expertise of its 20 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public’s health and safety, the U.S. economy and our war fighters.
To report IP theft or to learn more about the IPR Center, visit www.IPRCenter.gov.
U.S. Immigration and Customs Enforcement (ICE) is the largest investigative arm of the Department of Homeland Security.
ICE is a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities. For more information, visit www.ICE.gov. To report suspicious activity, call 1-866-347-2423 or complete our tip form.