Pag16 Network security system, or any technology otherwise of assistance in intercepting DISH Network programming. Ward should be further enjoined from engaging in any form of circumvention or interception with respect to DISH Network's security system or satellite signal, or assisting any other person in same. The Communications Act provides that a court "shall direct the recovery of full costs, including awarding reasonable attorneys' fees to an aggrieved party who prevails" under section 605(e)4. 47 U.S.C. 605(e)3(B)(iii). The DMCA also authorizes recovery of attorneys' fees and costs by a prevailing party. 17 U.S.C. 1203(b)4-5. The Court concludes that this case is appropriate for the award of reasonable attorneys' fees and costs. Plaintiffs are directed to submit to the Court, within thirty (30) days from the date of his Order, an affidavit specifying the attorneys' fees and costs incurred. The affidavit is required to be detailed and should describe the specific work performed by each timekeeper on each day, the time expended for the services performed each day, and the hourly rate charged by each attorney and staff member who performed services. CONCLUSION For the reasons set forth herein, it is ORDERED AND ADJUDGED that: 1. Plaintiffs' Motion for Summary Judgment (Dkt. 59) is hereby GRANTED. 2. The CLERK is directed to enter Judgment in favor of Plaintiffs and against Defendant in the sum of $51,148,200.
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3. Defendant is PERMANENTLY ENJOINED from creating or distributing any form of technology that is designed for, primarily used for, or marketed for circumventing the DISH Network security system, or any technology otherwise of assistance in intercepting DISH Network programming. Defendant is PERMANENTLY ENJOINED from engaging in any form of circumvention or interception with respect to DISH Network's security system or satellite signal, or assisting any other person in same. 4. Plaintiffs are directed to submit to the Court, within thirty (30) days from the date of his Order, an affidavit specifying the attorneys' fees and costs incurred. DONE and ORDERED in Tampa, Florida on January 8, 2010. Copies furnished to: Counsel/Parties of Record S:\Even\2008\08-cv-590.frm
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DISH NETWORK L.L.C., ECHOSTAR TECHNOLOGIES L.L.C. AND NAGRASTAR L.L.C., Plaintiffs, v. Case No. 8:08-cv-590-T-30TBM ROBERT WARD, Defendant. _____________________________________/ ORDER THIS CAUSE comes before the Court upon Plaintiffs' Motion for Summary Judgment (Dkt. 59), Defendant's Response and Memorandum in Opposition to same (Dkts. 66-67), and Plaintiffs' Reply (Dkt. 75). The Court, having reviewed the motion, response, reply, record evidence, and being otherwise advised in the premises, concludes that Plaintiffs' Motion for Summary Judgment should be granted. BACKGROUND I. Plaintiffs' Subscription-Based Satellite Television Programming Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., and NagraStar L.L.C. (collectively, "DISH Network") move for summary judgment against Defendant Robert Ward ("Ward") on Counts I and III of their Amended Complaint alleging violations of the Digital Millennium Copyright Act ("DMCA") and Communications Act.AMPA DIVISION DISH NETWORK L.L.C., ECHOSTAR TECHNOLOGIES L.L.C. AND NAGRASTAR L.L.C., Plaintiffs, v. Case No. 8:08-cv-590-T-30TBM ROBERT WARD, Defendant. _____________________________________/ ORDER THIS CAUSE comes before the Court upon Plaintiffs' Motion for Summary Judgment (Dkt. 59), Defendant's Response and Memorandum in Opposition to same (Dkts. 66-67), and Plaintiffs' Reply (Dkt. 75). The Court, having reviewed the motion, response, reply, record evidence, and being otherwise advised in the premises, concludes that Plaintiffs' Motion for Summary Judgment should be granted. BACKGROUND I. Plaintiffs' Subscription-Based Satellite Television Programming Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., and NagraStar L.L.C. (collectively, "DISH Network") move for summary judgment against Defendant Robert Ward ("Ward") on Counts I and III of their Amended Complaint alleging violations of the Digital Millennium Copyright Act ("DMCA") and Communications Act.
Department of Justice Press Release white spacer For Immediate Release July 13, 2009 United States Attorney's Office Southern District of California Contact: (619) 557-5610
Three Charged with Conspiring to Violate the Digital Millenium Copyright Act
United States Attorney Karen P. Hewitt announced that Jung Kwak, 33, also known as 'Mr. Viewsat,' of Oceanside, California, Phillip Allison, 35, also known as 'thebroken,' and Robert Ward, 54, also known as 'TDG' and as 'thedssguy,' both of Seminole, Florida, have been charged in a previously sealed indictment handed up by a federal grand jury on July 9, 2009, with one count of Conspiracy to Violate the Digital Millenium Copyright Act. Mr. Kwak was arrested by agents of the Federal Bureau of Investigation on Friday, July 10, in San Diego. The indictment was unsealed upon his initial appearance today before United States Magistrate Judge William McCurine, Jr., in United States District Court in San Diego. Messrs. Allison and Ward were arrested in Seminole, Florida and will appear before a United States Magistrate Judge in Florida.
According to the indictment, Mr. Kwak owns and operates Viewtech, Inc., in Oceanside, California. Viewtech imports 'free-to-air' or 'FTA' satellite receiver boxes and sells them to the public through a network of retailers under the brand name 'Viewsat.' There exists a limited amount of free programming available by satellite to owners of FTA receiver boxes, much of it consisting of ethnic and religious programming in numerous languages. Yet, millions of Viewsat FTA boxes have been sold to the public. The popularity of FTA boxes is due to the fact that they are designed to make it a simple process for a purchaser to obtain subscription-based satellite television, such as that offered by Echostar's DISH Network, for free. DISH Network licenses copyrighted works from the copyright holders, encrypts the signal, and sells the right to view to DISH subscribers. Subscribers to DISH Network programming obtain from DISH a 'smart card,' which is inserted into a DISH satellite receiver box. The smart card decrypts the programming that the subscriber is authorized to view. Over the years, DISH has changed its encryption algorithms and employed other countermeasures to attempt to defeat theft of its signal.
FTA boxes, including the Viewsat line, are manufactured with technology far in excess of what is necessary to receive FTA programming. However, to illegally decrypt the DISH signal, the FTA boxes must appear to have DISH smart cards. That is done by reverse-engineering DISH smart cards and creating computer code which, when downloaded to an appropriate FTA box, will emulate the existence of a smart card and trick the system. In the past, as DISH encryption and countermeasures were defeated, the code has been posted on the Internet and made available for download to anyone.
The indictment charges that beginning in or about March 2008, Mr. Kwak, in concert with Messrs. Allison and Ward, determined to hire computer hackers to break the latest DISH encryption scheme, known as Nagra 3. In the late fall of 2007, DISH announced that it had created a new encryption scheme and would start shipping new smart cards to its customers. As the new encryption scheme was deployed, owners of FTA boxes would no longer be able to view DISH programming without a subscription, and sellers of FTA boxes would lose their market. According to the indictment, Mr. Kwak authorized Messrs. Allison and Ward to locate persons to work on cracking Nagra 3. Mr. Kwak agreed to provide funding and a substantial reward for success. Among other things, as charged in the indictment, Mr. Kwak funded the purchase of a specialized microscope used in dissecting and analyzing smart cards and paid $20,000 in cash for photographs of a dissected smart card purported to be a Nagra 3 card. Mr. Kwak offered a reward of $250,000 if the EPROM (eraseable programmable read-only memory) for the Nagra 3 card could be obtained.
At Mr. Kwak's initial appearance in United States District Court today, the government moved that Mr. Kwak be detained without bail. A hearing on that motion will be held Wednesday, July 15, 2009, at 2:30 p.m., before United States Magistrate Judge William McCurine, Jr.
This case was investigated by Special Agents of the Cybersquad of Federal Bureau of Investigation in San Diego.
This charge is against Viewtech and have nothing to do with IKS!!
you are right it has nothing to do with IKS, but there are some interesting clauses in some of these judgements in favour of DN, one of the cases Echostar VS Dickerson ( a case against a viewsat reseller....I can post the PDF if you like) has some terminology that one might consider cause for concern.
C/P Request No. 15 of the First Subpoena is as follows: Documents sufficient to identify each person that purchased or otherwise acquired a Viewsat receiver from you during the period of January 1, 2004 to present date, including, but not limited to, documents that identify each person's name, address, phone number and email address, as well as the purchase date, purchase price, purchase quantity, and model number for each Viewsat receiver.
Can you imagine if DN can extend this to all FTA manufacturers/resellers....the biggest worry about these types of judgements are that it clearly shows DN has some serious thoughts about going after end users....why else would they want that info.
PRESS RELEASE: Court Awards DISH Network®, EchoStar and NagraStar $51 Million in Anti-Piracy Case Monday, January 11, 2010 11:44:36 AM (GMT-05:00) Provided by: Dow Jones ENGLEWOOD, Colo., Jan. 11 /PRNewswire-FirstCall/ -- Today, DISH Network L.L.C., EchoStar Technologies L.L.C. and NagraStar scored another important anti-piracy victory. A Florida federal court issued a $51 million dollar judgment against Robert Ward, who posted software on the Internet that allowed individuals to illegally receive DISH Network programming using Free-To-Air receivers.
In the summary judgment decision, the court made two significant holdings that will strengthen the companies' ability to pursue pirates in the future. The court held that the posting of pirate software constitutes a violation of the Federal Communications Act, and that statutory damages should be calculated based on how many individuals downloaded the pirate software.
"This is a significant victory in our effort to eradicate piracy of the DISH Network system. We thank the court for its well-reasoned analysis," said Pascal Lenoir, CEO of NagraStar.