Dn

 

Bronze Member
Username: Feroz

New york, New york U s a

Post Number: 51
Registered: Aug-06
is dn up vs
 

Bronze Member
Username: Tooter

Post Number: 77
Registered: Oct-08
Electronics Canada Plus Assists Consumers in Obtaining Piracy
Software for Pansat Receivers

Suspecting that ECP was involved in satellite piracy, NagraStar retained a
private investigation firm in Canada, King-Reed & Associates, to purchase three
Pansat 250SM receivers and obtain Pansat piracy software from ECP. [Gee Aff. A
9; Figueiredo Aff. A 2.] The King-Reed investigator visited the ECP storefront in
Toronto, Ontario last year and successfully purchased the three Pansat receivers.
[Figueiredo Aff. A 2.] Inside the store, the investigator asked the ECP salesperson
about having the Pansat receivers programmed. [Id. A 4.] The ECP salesperson, in
response, provided a business card for a company called 'Globsat' and directed the
investigator to visit Globsat at the address listed on the card. [Id.] The investigator
proceeded to Globsat as directed by ECP, located just two miles away, and had one
Pansat 250SM receiver modified to receive DISH Network programming. [Id. AA
5-6.] It is estimated that the entire process, from entering ECP to departing Globsat
with a pirate-ready Pansat receiver, took about only thirty (30) minutes. [Id. A 7.]
NagraStar subsequently analyzed the Pansat receiver purchased from ECP and
confirmed the receiver was capable of intercepting DISH Network programming.
[Gee Aff. A 10, Ex. H.]

Here again, ECP's conduct is directly relevant to EchoStar's DMCA claims.
By selling the Pansat receivers and simultaneously directing the investigator (and
presumably other Pansat customers) to the supplier of the piracy software, ECP is
marketing Pansat receivers for use in circumvention. Moreover, ECP is illustrating
the intended purpose behind these products, namely to steal pay-television services.
The marketing, purpose, and use of Pansat receivers, as well as the source of the
Pansat piracy software, is certainly of interest in this case. See, e.g., 17 U.S.C. AA
1201(a)2, (b)1. Whether ECP provides the piracy software to Globsat, or how
ECP is at least aware that Globsat possesses the software, is unknown.

EchoStar respectfully requests that the Court issue the Letter Rogatory and
Request for International Judicial Assistance filed concurrently herewith. The
Letter Rogatory sets forth the above requests for documents, tangible items, and
electronically stored information directed to ECP, along with procedures and the
foregoing examination topics for the taking of ECP's testimony. EchoStar cannot
obtain this evidence by other means as ECP is outside the jurisdiction of the Court.

DATED: November 3, 2008
 

Silver Member
Username: Mohamad_obama

Terhan, Iran Iran

Post Number: 216
Registered: Oct-08
edgar, it's up
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