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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