Federal Court enters default against Dark Angel end-user Daniel Dalmer, awards $10,000 in statutory penalties and issues a permanent injunction

On May 29, 2012 the United States District Court for the District of Rhode Island granted DISH Network and NagraStar’s motion for default against Daniel Dalmer.  Dalmer 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 Dalmer 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.

California Federal Court Holds Tan Nguyen, Operator of the ftaforall Websites in Contempt of Injunction Orders and Imposes Sanctions

 

On May 14, 2012 the United States District Court for the Central District of California entered an order finding Tan Nguyen in contempt of the Court’s injunction Orders.  Nguyen is the owner/operator of ftaforall.us, ftaforall.info, ftaforall.biz and ftaforall.net.  NagraStar and DISH Network filed suit against Nguyen and the websites in March of this year.  The Court entered a Temporary Restraining Order shutting down the websites and enjoining Nguyen from further statutory violations.  After Nguyen re-launched the enjoined content on ftaforall.tk, the Court entered a Preliminary Injunction Order.  Today’s Order by the Court holds Defendant in contempt of both of those injunctions and Orders defendant to pay fines to the court after 7 days starting in the amount of $1,000 per day and escalating to $10,000 per day until he is in full compliance.

 

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.

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