The Ontario Superior Court of Justice recently imposed consecutive jail sentences of four months each against Ross Rodgers and Palma Rodgers of Barrie, Ontario, Canada, for contempt of Anton Piller (civil seizure) Orders granted in February 2010. The Rodgers are the parents of Steven Rodgers a.k.a. Tomico-ind, who also served four months in jail for contempt of Anton Piller Orders obtained by Bell TV, EchoStar, and NagraStar in 2008.
Ross and Palma Rodgers refused to permit representatives of the Plaintiffs entry into their residence as required by the Orders. The Orders were granted to preserve evidence relevant to the Plaintiffs’ pending contempt motion against Steven Rodgers. The Court found that “Ross and Palma flatly refused to permit entry to the Rodgers Residence [and] they wilfully and deliberately chose to disobey the Anton Piller Orders.” The Court also found that the primary purpose of the Anton Piller Orders – the preservation of evidence – was frustrated by the Rodgers’ defiance, and the Rodgers displayed contemptuous attitudes. The Court concluded that “To permit Ross and Palma to blatantly defy the Anton Piller Orders – by denying access to the premises – without significant penalty would encourage pirates to ‘weigh up’ compliance with Court Orders against the penalty for contempt. If contempt is without meaningful consequence, disobedience of Court orders will result.”
On May 11, 2010, EchoStar, NagraStar, and Bell ExpressVu obtained an injunction against Lance Pellettier a.k.a. “Paramount” of Ontario, Canada, which prevents him from operating the HashHU piracy forum web site, selling FTA receivers through other web sites, and otherwise participating in, or aiding and abetting, piracy activities. In the litigation, Pellettier denied that he owned and operated the HashHU web site and that he posted messages as “Paramount”.
Based on the evidence obtained through the Plaintiffs’ investigations, the Court was ultimately satisfied that the Plaintiffs had established a strong basis for their claims that Pellettier was “Paramount” and that his activities contravened the Radiocommunciation Act, and aided and abetted others in engaging in piracy. As a result of the injunction, Pellettier will be required to shut down his web sites and cease engaging in all forms of piracy activity. The Court also awarded the Plaintiffs their costs of the injunction proceedings against Pellettier in the amount of $42,500.
On May 6, 2010 Judge Whelan of the Federal District Court for the Southern District of California entered a Preliminary Injunction against Viewtech owner Jung Kwak freezing all of Kwak’s assets. In the Order, the Court found that DISH Network and NagraStar were likely to prevail on the merits of their claims at the conclusion of the litigation and therefore the injunction was warranted. The Court found further support in the admissions made by Kwak in the criminal proceeding against him for conspiracy to hack the NagraStar conditional access technology used to protect DISH Network programming from piracy. A copy of the Order is attached.
On April 16, 2010, Judge Thomas Whelan (Federal District Court for the Southern District of California) granted the plaintiff’s DISH Network and NagraStar a temporary restraining order (“TRO”) against Jung Kwak, the owner of Viewtech (Viewsat).
A hearing is set for May 6th to determine if the judge will convert the TRO to a preliminary injunction pending resolution of the claims against Kwak.
Seized FTA’s for use in the theft of television on their way to be destroyed and scrapped!