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| Dish Network v. Blacklist $151,767,600 Summary Judgment http://www.fta-n-more.net/forum/viewtopic.php?f=61&t=1547 |
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| Author: | Prodigy [ Sat Dec 18, 2010 11:52 am ] |
| Post subject: | Dish Network v. Blacklist $151,767,600 Summary Judgment |
Dish Network v. Blacklist $151,767,600 Summary Judgment Dish Network v. Blacklist (Khachik Bagdasaryan) December 18, 2010 Order on Motion for Summary Judgment CONCLUSION For the reasons set forth herein, it is ORDERED that Plaintiffs’ Motion for Summary Judgment is GRANTED and Judgment should be entered in favor of plaintiffs and against defendant as follows: 1. Defendant is liable for 758,838 violations of section 605(e)(4) of the Communications Act. 2. Defendant is liable for 758,838 violations of section 1201(a)(2) of the DMCA. 3. Plaintiffs are to recover $200 per violation of section 1201(a)(2) for a total of $151,767,600 in statutory damages from defendant for 758,838 violations of section 1201(a)(2) of the DMCA. 4. Defendant is hereby PERMANENTLY ENJOINED from engaging in the following conduct: (a) Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof, that: (i) is primarily designed or produced for the purpose of circumventing DISH Network’s Conditional Access System (security system), including the encryption and access control protection contained in the software on DISH Network Access Cards, or any other technological measure adopted by plaintiffs that controls access to copyrighted programming on the DISH Network platform; (ii) has only limited commercially significant purpose or use other than to circumvent DISH Network’s Conditional Access System (security system), including the encryption and access control protection contained in the software on DISH Network Access Cards, or any other technological measure adopted by plaintiffs that controls access to copyrighted programming on the DISH Network platform; or (iii) is marketed by defendant or another acting in concert with defendant and defendant’s knowledge for use in circumventing DISH Network’s Conditional Access System (security system), including the encryption and access control protection contained in the software on DISH Network Access Cards, or any other technological measure adopted by plaintiffs that controls access to copyrighted programming on the DISH Network platform; (b) Manufacturing, assembling, modifying, importing, exporting, selling, or distributing any electronic, mechanical, or other device of equipment including software), with knowledge or reason to know that the device or equipment is primarily of assistance in the unauthorized decryption of satellite cable programming, or direct-to-home satellite services; and © Reverse engineering or assisting in the reverse engineering of DISH Network’s Conditional Access System, or any portion thereof. 5. Plaintiffs are entitled to recover full costs from defendant, including reasonable attorneys’ fees. Plaintiffs shall make a motion for such recovery as provided for by Federal Rule of Civil Procedure 54. The monetary judgment assessed against defendant is not dischargeable in bankruptcy pursuant to 11 U.S.C. §§ 523(a)(4) and 523(a)(6). IT IS SO ORDERED. Dated this 16th day of December, 2010. |
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