FTA-N-More.Net

Dish Network v. Carlos Flores
(karloz25/fta-spot.com)

Defendant is a satellite pirate who distributes software files that are utilized to program specific hardware to enable consumers to illegally intercept and decrypt Plaintiff's pay-television programming without authorization and without payment of a subscription. Defendant also distributes the applicable hardware.



Plaintiffs have also nearly simultaneously brought a separate but related civil action in the District of Nevada against Darryl Polo. Plaintiffs have alleged that Polo is an individual who has been acting in concert with the Defendant.



Dish Network LLC et al v. Flores

Plaintiffs: Dish Network LLC , EchoStar Technologies, LLC and NagraStar LLC
Defendant: Carlos Flores
Presiding Judge: Lawrence J. O'Neill
Referring Judge: Gary S. Austin
Cause Of Action: Copyright Infringement
Court: Ninth Circuit - California - Eastern District Court
Type: Intellectual Property - Copyrights



Attachments:
- Complaint: 1-main
- Summons: Doc 16
- Stipulation and Order: Doc 24
- Status Report: Doc 25

_________________
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True FTA 39" Motorized Dish

Darryl Polo Connection to fta-spot.com?

Plaintiffs have also nearly simultaneously brought a separate but related civil action in the District of Nevada against Darryl Polo. Plaintiffs have alleged that Polo is an individual who has been acting in concert with the Defendant.

The organization is listed as "Ruth Polo."

_________________
Information and opinions expressed herein may not reflect those of the poster.

True FTA 39" Motorized Dish

he had advertise too much in public

worst then echelon

Dish Network's Motion for TRO and Order to Show Cause


Ex Parte Motion for Temporary Restraining Order and Order to Show Cause with Memorandum of Points and Authorities


The purpose of the restraining order sought by the Plaintiffs is to shut down the Defendant's illegal satellite television piracy software distribution activities.


(excerpt from page 19 of 34)

3. The Defendants' sale and/or distribution of DISH Network satellite decryption piracy software and hardware violates Title 47 U.S.C. 605 ( a ) and 47 U.S.C. 605 ( e ) ( 4 ). (The Second Count, The Third Count)

Title 47 U.S.C. 605 ( a ) proscibes the unauthorized use of interstate radio signals. In pertinent part it provides:

... No person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto...

DISH Network's scrambled television signals are interstate radio signals, and only DISH Network subscribers are entitled to use the signals. The unauthorized descrambling of DISH Network's signals through the use of a programmed FTA receiver or a programmed internet-enabled FTA receiver amounts to using DISH Network's interstate radio signals without being entitled to do so, in violation of the statue. Courts have held that descrambling encrypted satellite television signals violates 605 ( a ).

More importantly, the Defendant has assisted others in violating Title 47 U.S.C. 605 ( a ) through his sale and distribution of piracy software utilized to effectuate the unauthorized interception of DISH Network's signals and by selling internet-enabled FTA receivers while taking actions to effectuate his purchasers obtaining the related piracy software. While assisting others in the unauthorized descrambling of DISH Network's signals is clearly a violation of Title 47 U.S.C. 605 ( a ) another provision of the statute also specifically proscribes assisting others through the distribution and/or sale of piracy devices. Title 47 U.S.C. 605 ( e ) ( 4 ) of the Communications Act proscribes the sale and/or distribution and/or manufacture of devices to assist people in the unauthorized interception of signals in violation of Title 47 U.S.C. 605 ( a ). Title 47 U.S.C. 605 ( e ) ( 4 ) provides that it shall be a violation of the statute where any person:

...manufactures, assembles, modifies, imports, exports, sells, or distributes any electronic, mechanical, or other device or equipment, knowing or having reason to know that the device or equipment is primarily of assistance in the authorized decryption of satellite cable programming, or direct-to-home satellite services, or is intended for any other activity prohibited by subsection ( a ) of this section...

Manufacturing, selling, and/or distributing satellite television piracy devices violates 47 U.S.C. 605 ( e ) ( 4 ). - Doc 9



Order to Temporarily Seal and Exempt from CM/ECF

Order Temporarily Sealing Case and Temporarily Exempting Civil Action from Electronic Filing on August 12, 2010 - Doc 7

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True FTA 39" Motorized Dish

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Information and opinions expressed herein may not reflect those of the poster.

True FTA 39" Motorized Dish

Plaintiffs Declarations
(Exhibits and Evidence)


- Doc 10: Declaration of Kevin Gedeon
- Doc 11: Declaration of Jerry Lee Gee
- Doc 12: Declaration of Michael Jaczewski
- Doc 13: Declaration of John M. McLaughlin
- Doc 14: Declaration of Anthony Rosario

_________________
Information and opinions expressed herein may not reflect those of the poster.

True FTA 39" Motorized Dish