California Federal Court Enters Preliminary Injunction Banning Further Sales of SV-Lan and New Link Products

On April 25, 2011 the Honorable Thomas J. Whelan of the Southern District of California issued a Preliminary Injunction Order banning further distribution of devices marketed as the “SV-Lan” and “New Link” pending final resolution of DISH Network and NagraStar’s litigation against ProSonicview and its owner Christopher Whitcomb.  Whitcomb was a former employee of Sonicview USA, Inc. which has also been sued by DISH Network.  In that case, Judge  M. James Lorenz, also in the Southern District of California, entered a similar injunction order on March 29, 2010 enjoining sales of the Sonicview iHub, 8PSK TFEC boards and related software.  The iHub was the predecessor product for both the SV-Lan and New Link, and all three devices as determined by the Courts were designed and distributed to work with Sonicview-branded receivers to engage in piracy of DISH Network programming.

California Federal Court Enters $214 Million Summary Judgment against Viewtech and its CEO

On April 20, 2011, the United States District Court for the Southern District of California entered a judgment in the amount of $214,898,600.00 and permanent injunction against Viewtech, Inc. and its principal Jung Kwak.  The underlying lawsuit charged both Defendants with trafficking in Viewsat-branded receivers and software to facilitate the theft of DISH Network’s subscription-based programming.  In granting Plaintiffs summary judgment, the Court determined that the Viewsat receivers violated the DMCA because they were designed, marketed and used for piracy and not for any supposed free-to-air use.  The court’s order, which ended a nearly four-year legal battle, represents the final blow to the Viewtech operation.  In July 2009, Kwak was indicted by a federal grand jury and arrested by the Federal Bureau of Investigation on charges of orchestrating a conspiracy to crack the new NagraStar security technology and from that develop software that would enable Viewsat customers to gain unauthorized access to DISH programming.  Early last year, the court sentenced Kwak to 18 months in federal prison.  Closing down Viewtech is another major victory in DISH Network and NagraStar’s campaign to prevent satellite television piracy in North America.

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Florida – Federal Court Enters Injunction against www.abadss.com

NagraStar, DISH Network and EchoStar Technologies filed suit against IE Entertainment, Inc., abadss.com, Eric Johnson and Ian Jones on February 15, 2011.  Today, April 12, 2011, the Honorable James S. Moody Jr. for the United States District Court, Middle District of Florida entered a preliminary injunction against IE Entertainment, Inc. and Eric Johnson enjoining them from, among other things, the operation of www.abadss.com in any manner that facilitates the piracy of DISH Network programming.  The Court’s Order further requires Defendants to send all software files uploaded by members or guests to a moderation queue for review prior to release on the site.  More importantly, the Order also requires Defendants to preserve all evidence related to such files including the persons posting them, for later use in the underlying litigation.  Pursuant to the Court’s Order, Defendants are now cooperating with NagraStar in the collection of evidence related to the software files made available on abadss.com and a banner reflecting that arrangement is now prominently displayed on the home page and all sub domains of the site.

NagraStar/DISH continue to prosecute individuals supporting programming theft

On April 5, 2011 the Honorable Judge Neil V. Wake for the United States District Court in Arizona entered final judgment against Maurizio Nowlin in a case brought by NagraStar, DISH Network and EchoStar Technologies (“DISH Network”).  Nowlin was sued for his role in providing equipment to facilitate theft of DISH Network programming.  The judgment awards $17,798,400.00 in statutory damages to DISH Network and includes a permanent injunction prohibiting Nowlin from engaging in similar conduct in the future.  Under the terms of the Court’s judgment, Nowlin will be liable for an additional $110,000.00 in damages for each act of DISH Network piracy going forward.  NagraStar continues to investigate and take legal action against individuals involved in all levels of piracy support from the product manufacturers to down-stream end users.

NagraStar and DISH Network continue to shut down pirate Web sites

On March 21 Judge William J. Martinez and the Federal District Court of Colorado entered final judgment against Jason and Lou Caraballo and their company Meridian Satellite Systems, LLC.  NagraStar and DISH filed suit against the Caraballo’s and Meridian Satellite on January 7, 2011 in an effort to shut down the websites www.meridiansatellitetv.com and www.meridiansatellitetv.blogspot.com as well as seeking statutory damages and injunctive relief.  The complaint alleged violations of the Digital Millennium Copyright Act (DMCA) and other federal statutes in connection with the Defendants offering piracy products and services through their online sites.  The Court’s Judgment ordered Defendants to shut down the sites, awarded damages in the amount of $775,000.00 and entered a permanent injunction against the Caraballos prohibiting them from any future involvement in theft of programming from DISH.