ORDER Granting  Plaintiffs’ Motion for Preliminary Injunction: Plaintiffs’ request that no bond be required is granted.
(1) The Court’s Order preliminarily enjoins Sonicview “and all persons and entities in active concert or participation there with, including, but not limited to, manufacturers, distributors, retailers and cooperative members . . . from designing, manufacturing, developing, trafficking, selling and marketing 8PSK Turbo Boards, Sonicview iHubs, and Pirate Software at any physical address or on the Internet, including at www.sonicviewusa.com, www.kingsatellite.com, www.xtraba.com, www.extremesats.com, www.satfire.com, www.megadropshippers.com, www.satster.com, www.speedyfta.com, www.pansat3500sd.com and www.ftalife.com”
The SonicviewUSA site has stopped the sale of iHubs and the posted announcement states:
“Until further notice, Sonicview iHub has been discontinued. Due to a court order, Sonicview will not be able to sell, traffic, or market this product until a final decision has been made in the court. . . . We are aggressively defending ourselves and our products, and do not recommend purchasing the Sonicview iHub or clones of it at this time”.
Permanent Injunction Bars FTA Distributor from Trafficking in Satellite Piracy TechnologyENGLEWOOD, Colo. — April 12, 2010 — DISH Network L.L.C. and NagraStar L.L.C. secured another significant victory today in their fight against satellite piracy.
On March 30, 2010, the United States District Court for the Central District of California entered a $121,699,800.00 judgment and permanent injunction against Panarex, Inc. and its president Won Tak Kim in a lawsuit accusing Panarex of selling Free-to-Air satellite receivers and other devices used to pirate DISH Network’s programming. The permanent injunction bars Panarex and its officers from trafficking in similar devices in the future and from any further involvement in facilitating DISH Network piracy or unauthorized use of proprietary technology supplied by NagraStar or NagraVision.
Panarex also agreed to forfeit its remaining inventory of the Pansat branded receivers at issue in the litigation (which were manufactured by Global Technologies, Inc. in Korea) as well as ceasing any current or future business dealings with Khachik Bagdasaryan and his company Digital Technology Depot. Bagdasaryan has been sued by DISH Network and NagraStar in a separate suit pending in the same Court for his involvement in the distribution of piracy software files which were used in conjunction with Pansat receivers to gain unauthorized access to DISH Network programming.
The lawsuit was filed against Panarex in 2007.
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About DISH Network
DISH Network L.L.C., a subsidiary of DISH Network Corporation (NASDAQ: DISH), provides more than 14.1 million satellite TV customers, as of Dec. 31, 2009, with the highest quality programming and technology at the best value, including the lowest all-digital price nationwide. Customers have access to hundreds of video and audio channels, the most HD channels, the most international channels, state-of-the-art interactive TV applications, and award-winning HD and DVR technology including 1080p Video On Demand and the ViP® 722 HD DVR, a CNET and PC Magazine “Editors’ Choice.” DISH Network Corporation is included in the Nasdaq-100 Index (NDX) and is a Fortune 250 company. Visit www.dish.com, follow on Twitter, @dishnetwork (www.twitter.com/dishnetwork), or become a Fan on Facebook, www.facebook.com/dishnetwork.
NagraStar L.L.C. is a joint-venture between EchoStar Corporation (SATS) and the Kudelski Group (KUD.VX). NagraStar supplies conditional access systems and security access devices and services to DISH Network and Bell ExpressVu Limited Partnership (operating as Bell TV). NagraStar also offers these partners direct support, maintenance, security field investigations and implementation of new solutions in response to the rapid evolutions of the pay TV market.
On March 10, 2010, NagraStar LLC, DISH Network L.L.C. and EchoStar Technologies L.L.C. filed suit against Robert Kluver [aka DishTester], Leona Broda, and www.currentbins.com for, among other things, engaging in piracy of DISH Network programming, distributing pirate software, and for their involvement in IKS piracy.
The United States District Court for the District of Maryland entered a temporary restraining order against Kluver, Broda and www.currentbins.com and ordered the United States Marshals Service to seize defendants’ computers, piracy-related materials, receivers, and related equipment. The seizure was successfully executed on March 23, 2010.
Operation of defendants’ websites has also been restrained by the court and defendants have transferred the below websites to plaintiffs.? ?
Warning against Signal Theft:
Through the course of Dish Network litigation against Panarex, it has been brought to our attention that many of the end-user of Pansat branded products are using those devices to circumvent NagraStar’s conditional access technology and engage in the theft (or “piracy”) of Dish Network‘s encrypted subscription-based programming. Panarex does not condone the use of its products for this purpose and any such use expressly voids the terms and conditions of our product warranty. Panarex fully supports all efforts by DISH Network, Echostar and NagraStar to investigate, identify and prosecute the compromise of their security technology and theft of their services. Should Panarex discover that you are using our Pansat branded products for such unlawful purpose, we will provide that evidence to NagraStar and cooperate fully in their investigation and prosecution of all such activities.
Management of Panarex, Inc.
EchoStar and NagraStar, together with Bell ExpressVu, recently executed Anton Piller (civil seizure) orders against Steven Rodgers a.k.a. Tomico-ind, of Barrie, Ontario, Canada, as well as against his parents Ross and Palma Rodgers, at their business and residence.
In 2007-2008, Rodgers served four months in prison for contempt of a previous Anton Piller order. The recent orders resulted in the seizure of several computers and electronic media used by Rodgers. Following the execution of the recent orders, Ross and Palma Rodgers were arrested and held in custody for failing to appear at a contempt motion brought against them.
The companies also launched new contempt proceedings against Rodgers, who they allege has continued to engage in piracy activities contrary to various injunctions and judgments against him.
The companies say that Rodgers has continued to operate numerous piracy-related web sites and hide behind numerous online identities including The Warden, PIMPINnagravision, ThEmAdHaTtEr, Vic Damone, Retired fellow, Nagra3.com, dano, IwuzB4Him and Dish-outlaws. The evidence is set out in detail in one of the affidavits filed in the case [click here].
The companies also obtained orders lifting the stay of proceedings against Rodgers triggered by his bankruptcy, thereby sending a signal to Rodgers and the piracy community that bankruptcy does not prevent the prosecution of piracy-related claims.