Dish Network Loses Bid For TRO In Pirating Suit - ABA DSS

**lonster** · July 28th, 2009

Dish Network Loses Bid For TRO In Pirating Suit

By Samuel Howard

Law360, New York (July 27, 2009) -- Dish Network LLC has failed to put an immediate stop to Sonicview USA’s alleged pirating of satellite television programming, as a federal judge has refused to grant a temporary restraining order without first notifying the defendants of the allegations.

On Thursday, Judge M. James Lorenz of the U.S. District Court for the Southern District of California said the plaintiffs had established the probability of prevailing on claims that Sonicview violates Dish Network’s copyright protections, but he decided against issuing an ex parte TRO and seizure order as it would effectively shutter the defendants’ business.

Plaintiffs Dish Network, EchoStar Technologies LLC and NagraStar LLC sought a TRO when they filed suit July 17, without serving Sonicview with the complaint, claiming the defendants sell devices and technology used to illegally decrypt Dish Network’s programming.

Judge Lorenz acknowledged the merit of the plaintiffs’ claims under the Digital Millennium Copyright Act, the Communications Act and the Electronic Communications Privacy Act but came short of issuing the ex parte TRO, deeming the seizure order too severe a remedy for the circumstances.

While the defendants may indeed be heavily involved in the manufacture of receivers and software used to intercept and steal Dish Network’s encrypted signal, issuing the TRO without notice to the defendants risks causing excessive hardship, according to the order.

“In essence, plaintiffs seek to close defendants’ business, including the distribution of any equipment that is not used to pirate Dish Network’s programming. Contrary to plaintiffs’ claim, the proposed injunction would cause defendants hardship,” Judge Lorenz said.

Plaintiffs failed to substantiate claims that the ex parte TRO is appropriate because Sonicview will likely destroy evidence if they are given notice of the litigation, court said, adding that such intervention is only ever rarely justified.

Dish Networks contended that the balance of hardship recommended granting the TRO because the order would simply require the defendants to comply with federal and California copyright law, according to the order.

Sonicview allegedly sells its pirating technology through a storefront as well as numerous Web sites. Dish Network conducted an undercover investigation that confirmed the defendant is developing a device capable of hacking Dish Network’s latest security system, according to the complaint.

Dish Network satellite system provides satellite television programming to over 13 million subscribers in the U.S., and the defendant specializes in providing technology that enables consumers to illegally access the programming, the complaint says.

Representatives for Dish Networks could not be reached for comment Monday.

Plaintiffs are represented by Hagan Noll & Boyle LLC.

Counsel information for defendants was not available Monday.

The case is Dish Network LLC et al. v. Sonicview USA Inc. et al., case number 3:09-cv-01553, in the U.S. District Court for the Southern District of California.

davidki · July 28th, 2009

Has anyone heard of any dealers that have admitted being raided or approached in this since this all went down last week. If i recall the Nfusion scare in Canada, it wasnt an hour after they raided Digital Stores that the news was all over the net.. so, far all I've seen is the court documents pertaining to VS and SV, and a site that claims that stores and distributors are being raided... but I have not seen one post verifing any store that has been raided or approached.. that just seems odd to me!

So, does anyone have any speific stores?

capncrunk · July 28th, 2009

Nobody has presented any real evidence of Ihub dealers getting busted. I think that was complete BS.

It looks like DN claims they have eveidence that SV is manufacturing the Ihub and the software... Bad news if it's true.

davidki · July 28th, 2009

Well, every one that is doing installs here and other sites claim when they buy the Ihub it is a virgin, meaning no software and it has to be updated. If the dealers have virgin hubs, well, like any other Enet to serial device isnt' against the law, but if someone packages it then it's a problem. It does seem interesting that no one has come forward to say that their dealer has been apporached, (Like the Digital Stores) and that so far on the web it seems like all the IKS servers are still up.. so, does that mean that the game is still in play? Time will tell for sure.

For me,it's back to True FTA for a while :-)

**Victor Hugo** · July 28th, 2009

Thanks for the information Lonster.

joker78 · July 28th, 2009

Thanks for the info lonster. Looks like the VS is doing a good think by staing away from IKS or IHUB. I was thinking to get a SV but now i think i will wait. Thanks again.

nesi248 · July 28th, 2009

I'm a complete novice to this great hobby...but wouldn't have these raids and court injunctions,if you will, occurred during N1 and/or N2? Seems like a lot of 'crap' happening all of the sudden...I'll be patient like everyone else and wait.

**blackbeard73** · July 28th, 2009

Right now , .... there is so much information , and dis-information , ..... everything is a clouded issue . Scare tactics are a proven detterent to any activity that may be cvlassified as illegal , people get frightened by anything that might result in them getting hauled before the Law Courts , and rightly so , but panicking is exactly what we should not do . Wait and see what transpires in all these Law suites , .... maybe , after all there is not too much to panic about ! ... Just wait and see , that's all .

originalfacsimi · July 28th, 2009

I believe the judge was correct in isusing this denial. It may be a CYA ploy but no judge that wishes to advance wants to be overruled. This was not about a lost of life but of TV.

I believe it is the first of a long line of appeals that they (DN) will eventually win (if the tape conversation is true) in about 2 years.

**goldie05** · July 29th, 2009

great info Lonster, I am using sv360 and right now I am going to enjoy it , I just wait and see, but thanks for the infor

phillipt67 · July 29th, 2009

I think the judge did the right thing. They can keep their business going while fighting this lawsuit.

**saul_g** · July 29th, 2009

I think that if you are doing this as a hobby you are fine,

revilo · July 29th, 2009

I'm not using the IKS system to enjoy TV but if I were using it I would not be at home ringing my hands in fear.I would be enjoying the programs on my TV.Only my opinion.

treelover · July 29th, 2009

Quote:

Originally Posted by saul_g

I think that if you are doing this as a hobby you are fine,

Do you believe you could successfully sell a "hobby" defense in court?

treelover · July 29th, 2009

Quote:

Originally Posted by revilo

I'm not using the IKS system to enjoy TV but if I were using it I would not be at home ringing my hands in fear.I would be enjoying the programs on my TV.Only my opinion.

Yeah, I agree with you. IKS is going to be a tough one for Chuck and his Northern Provider to shake off by any means. It certainly will be expensive to win even using the Digital Millennium Act.

I don't know what this means in a legal sense but consider the following:

There are 6 exceptions from the Millenium Act, below are two of them--

Encryption Research ( section 1201(g)).

An exception for encryption research permits circumvention of access control measures, and the development of the technological means to do so, in order to identify flaws and vulnerabilities of the encryption technologies..

Personal Privacy (section 1201(i)).

This exception permits circumvention when the technological measure, or the work it protects, is capable of collection or dissemination personally identifying information about the online activites of a natural person.

I think there are enough exceptions along with vague wordings to give anyone who uses this Act to challenge something like IKS grief. But heck, what do I know.

Tree

ronner · July 29th, 2009

here's the thing...Dish is not available here in canada. We are very limited to what we can view in the area we live in...with access to what the court has deemed free to air signals as legal, it would be in the best interest to Dish to alow pirating of there signal. Thing of the advertising presentation they could make to new advertiser if they could stand up and say we have 30 40 or 50% of the canadian market watching your commercials. just my observation. Or we can stick to cogeco and bell crap forever.

treelover · July 29th, 2009

Quote:

Originally Posted by ronner

here's the thing...Dish is not available here in canada. We are very limited to what we can view in the area we live in...with access to what the court has deemed free to air signals as legal, it would be in the best interest to Dish to alow pirating of there signal. Thing of the advertising presentation they could make to new advertiser if they could stand up and say we have 30 40 or 50% of the canadian market watching your commercials. just my observation. Or we can stick to cogeco and bell crap forever.

A similar argument could be made for Bev to ignor tampering with their encryption here in the States. And by the way, Bev has numerous programs of equal quality to those found on Chuck whether received in Canada or the States.

Tree

**acehighone** · July 29th, 2009

does any one recall that commercials was what paid for and gave us tv in the first place.Why are we required to pay for tv when the products advertized on our sets cost us more since that expense is passed along to the consumer.So in essence weare being double billed for our programs.So who is really being a pirate?Think about it

treelover · July 30th, 2009

Quote:

Originally Posted by acehighone

does any one recall that commercials was what paid for and gave us tv in the first place.Why are we required to pay for tv when the products advertized on our sets cost us more since that expense is passed along to the consumer.So in essence weare being double billed for our programs.So who is really being a pirate?Think about it

Where do you live??........no, don't tell us! I just made a clothes hanger antenna for HD reception (do a Google to learn more) in my area. It cost me about $10 to make and performs beyond my wildest expectations. I get more channels now than using my fta dish to watch 123 which also offers free tv.

Free tv is out there but pay tv is of course not free. The providers offer a service for a fee just as cable does. One can either opt for their service or get the many free channels with an antenna.

Tree

johdomi · July 30th, 2009

allot of what is said here is correct and you are right it is not about lose of life but something far more important MONEY. People have been killed for a lot less, they think they are losing millions.