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.
Theft of Satellite Pay Television
On May 2, 2012 at 10:00 a.m, the RCMP-Winnipeg Federal Enforcement Section (FES), with the assistance from Industry Canada Inspectors from Montreal and Winnipeg, executed two search warrants simultaneously at locations in Winnipeg.
The searches were in relation to an ongoing investigation under section 327 of the Criminal Code, and paragraph 10(1)(b) of the Radiocommunications Act for Theft of Satellite Pay Television.
One search took place at a business on St. Mary’s Road.
The second search warrant was executed at a residence on Lodge Avenue.
A 29-year-old man from Winnipeg was arrested at the residence. He is facing charges under the Criminal Code and the Radiocommunications act.
As a result of the searches, 9 computers and 144 satellite television receivers were seized. This equipment was valued at approximately $26,000.00.
In addition, a number of uncertified wireless security cameras were seized. Some of the uncertified devices offered for sale at the store operate on frequencies reserved in Canada for aeronautical navigation and their use could pose a threat to public safety.
More arrests are expected in relation to this investigation. The RCMP-Winnipeg FES investigators will continue to work closely with investigators from Industry Canada on this file.
The RCMP reminds the public that theft of satellite pay television is illegal, as is the sale of equipment modified to intercept television signals illegally.
Cpl. Miles Hiebert
RCMP Media Relations
Please be advised that this account is not monitored for inquiries or follow-up questions. Enquiries or questions should be directed to the designated media contact as indicated at the bottom of each news release.
2478 units of AzAmerica FTAs and 1472 units of AzBox were destroyed and properly disposed on April 18, 2012 in Asuncion, Paraguay, as a result of the successful collaboration between DTVLA and Nagravision in Latin America.
Vast anti-IKS campaign in Italy with 177 individuals under investigation in 25 different provinces, as a result of a criminal complaint initiated by Nagravision, Mediaset and Sky Italia. Among the 177, 17 were in charge of the IKS servers and 160 were illegal end users. 50 police searches lead to the seizure of decoders, modems, pc’s, servers and 129 smart cards. Prosecution is on-going against all 177 individuals.