<?xml version="1.0" encoding="ISO-8859-1"?>

<rss version="2.0" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:content="http://purl.org/rss/1.0/modules/content/">
	<channel>
		<title>ABA DSS -  Free to Air Satellite TV Community - FTA Rumor Mill</title>
		<link>http://www.abadss.com/forum/</link>
		<description>Say what?</description>
		<language>en</language>
		<lastBuildDate>Fri, 20 Nov 2009 22:14:33 GMT</lastBuildDate>
		<generator>vBulletin</generator>
		<ttl>60</ttl>
		<image>
			<url>http://www.abadss.com/forum/images/styles/abadss/misc/rss.jpg</url>
			<title>ABA DSS -  Free to Air Satellite TV Community - FTA Rumor Mill</title>
			<link>http://www.abadss.com/forum/</link>
		</image>
		<item>
			<title>Not Sure If This Is A Rumor Or Not !!!</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/119112-not-sure-if-rumor-not.html</link>
			<pubDate>Thu, 19 Nov 2009 20:10:11 GMT</pubDate>
			<description><![CDATA[*SV to shutdown IKS within two weeks. 
 
 
C&P from another site.* 
 
 
*Something I would Think About.]]></description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div><b>SV to shutdown IKS within two weeks.<br />
<br />
<br />
<font color="red"><font size="4">C&amp;P from another site.</font></font></b><br />
<br />
<br />
<b>Something I would Think About. <br />
<br />
<br />
<br />
Boy I hate rumors, but I was shocked to hear this from an FTA dealer in<br />
Xxxxxxxxxxx (this poster X'ed out the city) but I have to believe there<br />
is some validity to what he told me earlier today.<br />
<br />
I was into my FTA dealer today to buy a couple FTA receivers and IKS hubs<br />
but instead of selling me the two receivers and IKS hubs I went into his<br />
store to buy he advised me to WAIT!!!!<br />
<br />
He told me that he had been informed on what he considered reliable and<br />
good authority according to him that the IKS system would be shut down<br />
within the next two weeks. I was shocked to hear this and I have to give<br />
this guy some credit as he could have easily sold me the $600 worth of FTA<br />
equipment I went into his store to buy and said nothing but instead he<br />
told me to wait. He said he didn't want his customer getting mad at him.<br />
<br />
This store's buiness is selling FTA receivers of most makes including SV,<br />
nfusion, Kbox etc. and IKS hubs so if he is recommending to his customers<br />
not to buy these receivers and IKS equipment then I have to suspect that<br />
he maybe right and something big is going to happen to IKS and soon.<br />
<br />
We've all heard and read rumors which end up having no truth and I don't<br />
know for certain if what he told me is going to happen but when a dealer<br />
tells you this and advises against you buying his products turning away<br />
the cash then one has to wonder what if he's right, and if he is then I<br />
have just saved myself some money well at least until another FTA<br />
solution is presented.<br />
<br />
This is still just a hobby and I love testing my receivers and I'm confident<br />
the FTA mftrs will come up with something to get us to buy their products,<br />
so fellow testers I guess we'll just have to wait and see. Please don't hold<br />
this against me if my dealer ends up being wrong. I for one hope this dealer<br />
is wrong and we can all continue to test FTA. Maybe some of you can see if you<br />
can find any information to prove or disprove this rumor I for one am going to<br />
call around and ask other FTA dealers if they have heard anything or is this<br />
just propaganda being spread by B*v and DN. </b><br />
__________________</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>pulpworker</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/119112-not-sure-if-rumor-not.html</guid>
		</item>
		<item>
			<title>Back stabbings and dealings behind the scene // 2009-11-17</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/119078-back-stabbings-dealings-behind-scene-2009-11-17-a.html</link>
			<pubDate>Thu, 19 Nov 2009 09:22:31 GMT</pubDate>
			<description>wow is this cool  
 
c/p 
 
I received information from few different credible sources so this is not any assumption or finger pointing.  
 
Here is the recording of the conversation that was provided at the Viewsat court case.  
 
This is a single meeting recording.</description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>wow is this cool <br />
<br />
c/p<br />
<br />
I received information from few different credible sources so this is not any assumption or finger pointing. <br />
<br />
Here is the recording of the conversation that was provided at the Viewsat court case. <br />
<br />
This is a single meeting recording. <br />
<br />
<a href="http://www.sendspace.com/file/ti5ytz" target="_blank">Download Meet2.mp3 from Sendspace.com - send big files the easy way</a> <br />
<br />
Here is a link to all 25 tapes as one MP3 file, there is like 5 seconds of silence between each tape. <br />
<br />
<a href="http://www.sendspace.com/file/r8ual5" target="_blank">Download phonecalls.rar from Sendspace.com - send big files the easy way</a> <br />
<br />
Now to give you guys a background of who these guys are (honestly I did not have any clue who they were till the original source told me and then it was confirmed by 2 other sources). <br />
<br />
Trinity is the one that broke the map57 in 2006 and sold it to jung kwak(viewsat) for 250k (she invented the syndrome board, and was busted with moddish and dishmonkey in 2006). <br />
<br />
Trinity says she received over 2 million dollars from jung kwak over the past couple of years, then when he stopped paying her 40k per month salary in may 2009 she called jj gee (dishnet investigator) the next day and set up a meeting to tell all about jung (viewsat guys). <br />
<br />
JJ goes to meet her with what he claims is his partner.. 30 mins in his partner says &quot;im not really a dish investigator, im special agent xxxx something with the FBI&quot; <br />
You can imagine trinity (stefani xxxxx) shixxing herself right there and then. <br />
Trintiy is Canadian and was 2 weeks away from being arrested with kwak, Ward (thedssguy) and allison according to the fbi agent. <br />
The thing is because trinty is canadian she would have gone to jail without bail and made to server her full sentence. <br />
<br />
Fred Raud has been around for a long time he was close to Ron xxxx and Chris xxxxxx as well as a regular on card coders. <br />
He knows his stuff with smart card programming he was also an admin on satscams for a short time.  <br />
<br />
<br />
end c/p</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>tomcat01</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/119078-back-stabbings-dealings-behind-scene-2009-11-17-a.html</guid>
		</item>
		<item>
			<title>Nfusion PPV* Testing</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/119040-nfusion-ppv-testing.html</link>
			<pubDate>Wed, 18 Nov 2009 20:59:51 GMT</pubDate>
			<description>My friend informed me that he has seen ppv on nfusion solaris on two consecutive days on 11/16/09 and 11/17/09 at 02.00 on channel 516, and 517 for 30 minutes. I am sure if it is just the testing or the coders are upto a magic date of 12/01/09............remember.</description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>My friend informed me that he has seen ppv on nfusion solaris on two consecutive days on 11/16/09 and 11/17/09 at 02.00 on channel 516, and 517 for 30 minutes. I am sure if it is just the testing or the coders are upto a magic date of 12/01/09............remember.</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>ikhateeb</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/119040-nfusion-ppv-testing.html</guid>
		</item>
		<item>
			<title>VS Fix running for 12hr</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118801-vs-fix-running-12hr.html</link>
			<pubDate>Sun, 15 Nov 2009 15:29:28 GMT</pubDate>
			<description>I ve seen rumors on other sites that VS has had a fix running for 12hr i dont no if this is true or not but VS is have trouble with the N3 Encrpytion for any of there recievers to handle the N3 map  
 
Still woring on a soultion maybe?  
Image:...</description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div><font size="4">I ve seen rumors on other sites that VS has had a fix running for 12hr i dont no if this is true or not but VS is have trouble with the N3 Encrpytion for any of there recievers to handle the N3 map </font><br />
<br />
<font size="4">Still woring on a soultion maybe?</font> <br />
<div align="right"><img src="http://www.abadss.com/forum/images/impact/misc/progress.gif" border="0" alt="" /></div></div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>Ace79</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118801-vs-fix-running-12hr.html</guid>
		</item>
		<item>
			<title>nFusion Business model change ???? (Rumor)</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118646-nfusion-business-model-change-rumor.html</link>
			<pubDate>Sat, 14 Nov 2009 02:23:36 GMT</pubDate>
			<description>We are sorry for the recent technical difficulties but unfortunately we ran into financial problems. 
Running the required number of servers and paying for the numerous top package subscriptions cost a good amount of moneys every month. We also had to invest in legal preparations should JJG and him...</description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>We are sorry for the recent technical difficulties but unfortunately we ran into financial problems.<br />
Running the required number of servers and paying for the numerous top package subscriptions cost a good amount of moneys every month. We also had to invest in legal preparations should JJG and him henchmen decide to come after us. Unfortunately we no longer are able to cover these costs from the sales of the STBs alone and had to cut a few corners which have resuleted in the aformentioned service interruptions.<br />
 Instead of sacrificing the quality of service nFusion users have long been accustomed to, we are moving onto a subscription based access in December which will affect the owners of older receivers only. We would like to ask for your understanding and continued support.<br />
<br />
The Management.</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>nFusion Admin</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118646-nfusion-business-model-change-rumor.html</guid>
		</item>
		<item>
			<title>Google Chrome OS coming next week?</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118633-google-chrome-os-coming-next-week.html</link>
			<pubDate>Fri, 13 Nov 2009 23:32:37 GMT</pubDate>
			<description><![CDATA[By Jose Vilches, TechSpot.xxx 
Published: November 13, 2009, 12:19 PM EST 
  
Google's much-anticipated operating system, Chrome OS, will be available for download next week. That is at least according to a "reliable source" cited by TechCrunch, who claims we can expect official driver support only...]]></description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>By Jose Vilches, TechSpot.xxx<br />
Published: November 13, 2009, 12:19 PM EST<br />
 <br />
Google's much-anticipated operating system, Chrome OS, will be available for download next week. That is at least according to a &quot;reliable source&quot; cited by TechCrunch, who claims we can expect official driver support only for a small set of devices in this early version. <br />
<br />
When first announcing the project back in July, Google had pledged to make its source code available before the end of the year. This rumor seems to be in line with those promises. However, without proper driver support the operating system will be useless to the average user. By the sound of it next week's release will most likely be just a collection of code meant for software developers to tinker with. <br />
<br />
As earlier reported, Google's operating system is built on a Linux foundation and should be very Web-centric. Chrome OS applications will run right in the browser, and they'll be cross-compatible with other standards-compliant browsers on other platforms. Companies like Acer, Asus and HP are reportedly backing the project and may have netbooks running Chrome OS ready for customers in the second half of 2010:a025:</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>danavs45</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118633-google-chrome-os-coming-next-week.html</guid>
		</item>
		<item>
			<title>What do you think KKS means</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118619-what-do-you-think-kks-means.html</link>
			<pubDate>Fri, 13 Nov 2009 20:28:39 GMT</pubDate>
			<description><![CDATA[I thought that it would be interesting to start a pole about this new SV/KKS and what *KKS* means to you. 
Example:*IKS* means (*INTERNET key sharing*) 
What's your answer of what *KKS *means?]]></description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>I thought that it would be interesting to start a pole about this new SV/KKS and what <b>KKS</b> means to you.<br />
Example:<b>IKS</b> means (<b>INTERNET key sharing</b>)<br />
What's your answer of what <b>KKS </b>means?</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>satdown42</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118619-what-do-you-think-kks-means.html</guid>
		</item>
		<item>
			<title>SV IHub pgm 1.8 due out Fri 13th, hope so</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118588-sv-ihub-pgm-1-8-due-out-fri-13th-hope-so.html</link>
			<pubDate>Fri, 13 Nov 2009 09:12:09 GMT</pubDate>
			<description>Rumors of imminent release of v1.8 Ihub firmware. 
  
C/P for another site. If they come back with PPV working, that would restore some of its lost luster and gain some market share. Do hold your breath tho. 
  
Image: http://www.hashhu.com/forums/images/icons/icon14.gif  *SV IHub pgm 1.8 due out...</description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>Rumors of imminent release of v1.8 Ihub firmware.<br />
 <br />
C/P for another site. If they come back with PPV working, that would restore some of its lost luster and gain some market share. Do hold your breath tho.<br />
 <br />
<img src="http://www.hashhu.com/forums/images/icons/icon14.gif" border="0" alt="" /> <b>SV IHub pgm 1.8 due out Fri 13th, hope so.</b> <br />
Word down the pipe is SV has new fix for it's plagued Iks pgming. The new pgming will have the best of what is important ie: HD, Spanish Pgms, Porn, PPV, lots of channels, premiums, less if any freezing, up time. <br />
 <br />
They have been working on this for a while and supposedly will be unveiled today. Let's keep our fingers crossed and who knows we might even get to see the P&amp;C fight Saturday night. Good Luck SV. <img src="http://www.hashhu.com/forums/images/smilies/beer1.gif" border="0" alt="" /></div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>bat01</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118588-sv-ihub-pgm-1-8-due-out-fri-13th-hope-so.html</guid>
		</item>
		<item>
			<title><![CDATA[i'm lost in translation?]]></title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118580-im-lost-translation.html</link>
			<pubDate>Fri, 13 Nov 2009 03:07:02 GMT</pubDate>
			<description><![CDATA[i read this at another site but i don't quite get the meaning i now it has something to do with N3.  thanks 
 
"For those that still have Faith you will be happy , Others will be digging in the Closet , We are making no promises but go back to the Old way and team Ihub will just deliver."]]></description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>i read this at another site but i don't quite get the meaning i now it has something to do with N3.  thanks<br />
<br />
&quot;For those that still have Faith you will be happy , Others will be digging in the Closet , We are making no promises but go back to the Old way and team Ihub will just deliver.&quot;</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>pete1982</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118580-im-lost-translation.html</guid>
		</item>
		<item>
			<title>IHUB 1.8 official!</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118572-ihub-1-8-official.html</link>
			<pubDate>Thu, 12 Nov 2009 23:50:05 GMT</pubDate>
			<description>sonicview ihub 1.8 is here waiting on release! 
  
dont kill the messenger!</description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>sonicview ihub 1.8 is here waiting on release!<br />
 <br />
dont kill the messenger!</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>mexsinsemilla</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118572-ihub-1-8-official.html</guid>
		</item>
		<item>
			<title>Status on N3 Fix</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118418-status-n3-fix.html</link>
			<pubDate>Tue, 10 Nov 2009 22:52:41 GMT</pubDate>
			<description>Any new info anybody can share on where we stand on a N3 fix  
  
whats the word out there in the satillite world? 
  
  
:please:</description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div><font face="Fixedsys"><font size="4">Any new info anybody can share on where we stand on a N3 fix </font></font><br />
 <br />
<font face="Fixedsys"><font size="4">whats the word out there in the satillite world?</font></font><br />
 <br />
 <br />
:please:<br />
</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>Ace79</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118418-status-n3-fix.html</guid>
		</item>
		<item>
			<title>The DSS Guy court docs // 2009-10-31</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118351-dss-guy-court-docs-2009-10-31-a.html</link>
			<pubDate>Mon, 09 Nov 2009 22:05:55 GMT</pubDate>
			<description>UNITED STATES DISTRICT COURT    
FOR THE MIDDLE DISTRICT OF FLORIDA  
TAMPA DIVISION  
   
 
 
DISH NETWORK LLC, a Colorado Limited  
Liability Company, ECHOSTAR  
TECHNOLOGIES LLC, a Texas Limited  
Liability Company, and NAGRASTAR LLC, a</description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>UNITED STATES DISTRICT COURT   <br />
FOR THE MIDDLE DISTRICT OF FLORIDA <br />
TAMPA DIVISION <br />
  <br />
<br />
<br />
DISH NETWORK LLC, a Colorado Limited <br />
Liability Company, ECHOSTAR <br />
TECHNOLOGIES LLC, a Texas Limited <br />
Liability Company, and NAGRASTAR LLC, a <br />
Colorado Limited Liability Company, <br />
Plaintiffs, <br />
<br />
vs. <br />
<br />
ROBERT WARD, <br />
<br />
Defendant <br />
  <br />
Case No.: No. 8:08-cv-00590-JSM-TBM <br />
<br />
WARD’S MOTION TO STAY CIVIL <br />
PROCEEDINGS REQUEST FOR JURY TRIAL  <br />
<br />
Defendant ROBERT WARD (“WARD”), through the undersigned, submits this Motion to Stay Civil Proceedings (“Motion”) pending the outcome of the parallel criminal proceeding taking place in the United States District Court, Southern District of California in which WARD was indicted for violations of Title 17 of the United States Code involving the theft of the satellite television signals of Plaintiffs, DISH NETWORK, LLC, ECHOSTAR TECHNOLOGIES, LLC and NAGRASTAR LLC (collectively “DISH”). <br />
The same parties and facts underlying this civil proceeding. Counsel contacted DISH counsel under Local Rule 3.01(g) to resolve this motion and DISH declined. <br />
RELEVANT PROCEDURAL HISTORY AND FACTS <br />
The Pleadings and the Indictment On March 28, 2008, the DISH Plaintiffs filed a Complaint against WARD alleging that he was engaged in the piracy of DISH satellite television signals. Complaint (Doc. 1). <br />
The Complaint was amended on May 27, 2008 with little change to the essential pleadings and claims. Amended Complaint (Doc. 19). <br />
The Amended Complaint names the DISH Plaintiffs as the victims of Defendant WARD’S alleged unlawful actions. Amended Complaint, ¶¶ 8-11 (Doc. 19). <br />
The Amended Complaint alleges that WARD violated Titles 17, 28 and 47 of the U.S. Code, by his personal unlawful theft of DISH’S satellite television signals as well as his assistance of others in such pursuits, including a company in southern California called Viewtech. Amended Complaint, 12, 34-60 (Doc. 19). <br />
<br />
On July 9, 2009, WARD and two others were indicted in the parallel criminal proceeding <br />
entitled United States of America v. Jung Kwak, Phillip Allison and Robert Ward, Case No.: 09- <br />
CR-2646-JLS in the United States District Court for the Southern District of California. (“U.S. v. <br />
Ward”). (See Indictment, July 9, 2009, (Doc.1 ) attached as Exhibit 1).  A copy of the Indictment <br />
was transferred to the Middle District under the case number 8:09-MJ-1327MAP. (See Clerk’s <br />
Minutes, Doc. 4 of U.S. v. Ward attached as Exhibit 2). Ward was arrested and arraigned on July 13, 2009 based upon the allegations in the indictment. (See Exhibit 2). <br />
The Indictment names DISH as the victim of WARD’S alleged illegal actions. (Exhibit 1,3-6). The Indictment alleges that WARD violated Title 17 of the U.S. Code by engaging in acts that would further the theft of DISH’S satellite television programming. (Exhibit 1,4-7). <br />
<br />
The Indictment names Viewtech as the southern California company with which WARD was acting in furtherance of these illegal acts. <br />
<br />
Discovery after the Arraignment <br />
<br />
WARD was arraigned on July 13, 2009 and on July 14, 2009, WARD responded to Dish Network’s Third Set of Interrogatories. (WARD’S Response to Third Set of Interrogatories, July 14, 2009, attached as Exhibit 3). WARD was forced to invoke the Fifth Amendment in response to the interrogatory in order not to jeopardize his criminal defense with an answer that would serve as evidence against him or tend to incriminate him in U.S. v. Ward. (See Exhibit 3). <br />
<br />
On August 6, 2009, WARD was deposed for more than 6 hours. WARD invoked his Fifth Amendment right against self-incrimination at least 400 times according to Plaintiffs (Motion (Doc. 59), p. 6) in order not to jeopardize his criminal defense with answers that would serve as evidence against him or tend to incriminate him in U.S. v. Ward. WARD was prevented from giving testimony in his own defense because of the choice between possible incrimination and defense of this civil proceeding. His defense in this civil proceeding was compromised. <br />
<br />
DISH’S Motion for Summary Judgment <br />
<br />
On September 24, 2009, DISH filed its Motion for Summary Judgment (“Motion”) (Doc.59). <br />
In the opening statement in DISH’S Motion, Plaintiffs allege generally that WARD committed acts in violation of Titles 17 and 47 of the U.S. Code by engaging in illegal acts designed to support theft of its satellite television signals. (Motion (Doc. 59), pp. 1-2). Plaintiffs <br />
note that they have a cornucopia of evidence against WARD involving internet related material <br />
linked to WARD. (Motion (Doc. 59), pp. 1-2). <br />
<br />
This evidence supposedly includes the use of <br />
Internet monikers and e-mail addresses. (Id.). Plaintiffs state that: “Any doubt that Ward is using “Thedssguy” and “Veracity” is removed by <br />
the adverse inferences arising from his refusal to answer questions at deposition about the monikers on the basis that a truthful response would incriminate him.” (Motion (Doc. 59), p. 2). <br />
<br />
Plaintiffs then stated the Indictment involves allegations not at issue in this case. (Motion (Doc.59), p. 2).   <br />
Nothing is further from the truth. DISH is well aware, having cooperated in the investigation leading up to the Indictment, that the same parties, evidence and illegal acts are at issue in both cases and are inextricably interwoven such that WARD could not possibly defend this civil case without jeopardizing his rights and defense in the criminal case. In fact, this office is aware that many of the documents and evidence supporting the Indictment has been produced by Plaintiffs in this case. <br />
<br />
In support of Summary Judgment, Plaintiffs also point to WARD’S alleged distribution of piracy technology and software as well as internet postings about DISH and its signals and the evidence they possess thereon. Once again, Plaintiffs point to the compelling nature of this <br />
evidence because: “Ward, here again, refused to answer any questions at deposition regarding <br />
the internet posts or the software files on the basis that doing so would incriminate him.” (Motion (Doc. 59), p. 3). <br />
If the point wasn’t clear, Plaintiffs devout pages 3 through the top of page 6 of the Motion explaining to the Court just how devastating WARD’S invocation of his Fifth Amendment privilege is to his successful defense of the Motion and why “DISH Network’s following statement of undisputed facts must go largely uncontested.” (Motion (Doc. 59), pp.3-6). Plaintiffs make it clear that they believe that WARD’S invocation of his Fifth Amendment privilege compels an adverse judgment against him. Throughout the rest of DISH’S Motion, <br />
Plaintiffs continue to refer to WARD’S invocation of his Fifth Amendment privilege in support of compelling an adverse judgment against WARD. <br />
For the purposes of this motion only, WARD agrees with DISH that he will surely suffer an automatic loss with an adverse judgment against him as a result of the position he finds himself in because of the parallel criminal proceeding in U.S. v. Ward and his invocations of his Fifth Amendment rights throughout discovery following his criminal arraignment on July 13,2009. <br />
<br />
THE LAW ON STAYS <br />
<br />
The law on stays established by the Eleventh Circuit in U.S. v. Lot 5, et. al., 23 F.3d 359, <br />
363-365 (11th Cir. 1994) is more fully set forth in the accompanying Memorandum of Law. <br />
Applying the law to the facts, a stay is warranted until the conclusion of U.S. v. Ward. <br />
<br />
Special Circumstances and the Interests of Justice. <br />
There are special circumstances justifying a stay. WARD is required to defend this civil case in Florida while trying to defend the criminal case in the Southern District of California. <br />
The expense of defending both as well as the time consuming nature of having to appear in both <br />
jurisdictions presents a burdensome challenge to WARD. <br />
He already has had to appear in the Southern District of California twice since his arraignment while getting back to the Middle <br />
District to appear at his deposition on August 6, 2009. <br />
<br />
It also appears that DISH was and is using the civil case to feed some information to the <br />
prosecution in the criminal case thereby further jeopardizing WARD’S ability to defend himself <br />
in the U.S. v. Ward.  On July 13, 2009 during WARD’S arraignment in the identity hearing, FBI <br />
Special Agent Brian Wilson testified that he received information from DISH that formed the <br />
basis of some or all of the government’s criminal investigation and used that same information and his own investigation to establish the identity of WARD. (See Exhibit 2). <br />
Compare American Gen. Life Insur. Co. v. Jones, 2008 WL 4949847 (S.D. Ala. 2008) at * 4 (no argument concerning feeding the criminal proceeding). <br />
A stay would promote judicial economy. Since the arraignment, which occurred during discovery and before any depositions, WARD was prevented from properly responding to discovery other than to invoke his Fifth Amendment right not to incriminate himself. <br />
Discovery has been effectively thwarted both by DISH and WARD. Moreover, a criminal conclusion in the U.S. v. Ward case, may be conclusive as to some or all of the civil claims in this case. Both cases involve violations of Title 17 and DISH satellite signals; both involve DISH as the victim and WARD and Viewtech as the main protagonists of the illegal acts; both cases involve many of the same witnesses identified by DISH in support of their case. <br />
<br />
Further, a stay would not prejudice DISH or Ward. DISH has already sued Viewtech and WARD and others that appear in both cases. The FBI shut down Viewtech and WARD with the cooperation of DISH. DISH has done significant investigation and compiled thousands of documents as referenced in their extensive Motion for Summary Judgment and attached declarations. <br />
DISH has eliminated the piracy threat from the parties involved. DISH will suffer no prejudice during the stay. The stay would benefit WARD by allowing a concentrated defense and conclusion of the criminal matter without further jeopardizing his defense of this case. <br />
The Fifth Amendment Concerns and Automatic Adverse Judgment Unlike Jones in American General and the movant in Lot 5 and other cases, WARD has <br />
actually had to invoke his Fifth Amendment rights in discovery and hundreds of times during his <br />
deposition.  DISH has gone to great lengths in its Motion for Summary Judgment to explain why <br />
these invocations should result in an automatic summary judgment when taken with the other evidence they’ve compiled. DISH has explained why the Plaintiffs are entitled to adverse <br />
inferences resulting in an automatic adverse judgment against WARD. Instead of calling into <br />
question the inferences and the material factual issues in this case, WARD has had to use the <br />
Fifth Amendment to protect his rights in the U.S. v. Ward case.  With a pending criminal matter, <br />
WARD cannot effectively defend himself either in the Motion response or any upcoming trial.   <br />
<br />
In the absence of the criminal proceeding WARD was prepared to defend himself in ongoing <br />
discovery and most importantly his deposition.  WARD is his only and best witness which he <br />
cannot now use to defend himself as proven by his deposition answers as noted many times by <br />
DISH. <br />
<br />
CONCLUSION AND PRAYER FOR RELIEF <br />
<br />
This Court should issue a stay of these proceedings pending the outcome of U.S. v. Ward. <br />
<br />
Dated:  October 26, 2009. <br />
/s/ Albert A. Zakarian <br />
Albert A. Zakarian, Esquire <br />
16765 FishHawk Blvd. <br />
# 360 <br />
Lithia, FL 33547 <br />
813-571-2546 <br />
(Fax) 866-259-1933 <br />
<a href="mailto:zakarian@tampabay.rr.com">zakarian@tampabay.rr.com</a>  <br />
Attorney for Ward <br />
<br />
CERTIFICATE OF SERVICE <br />
<br />
I HEREBY CERTIFY that on October 26, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send a notice of electronic filing to the following: Timothy M. Frank, Esquire. I further certify that I sent by mail the foregoing document and the notice of electronic filing to the following non-CM/ECF participant: <br />
Albert A. Zakarian_____  <br />
Albert A. Zakarian, Esquire</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>tomcat01</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118351-dss-guy-court-docs-2009-10-31-a.html</guid>
		</item>
		<item>
			<title>TDG Offers Up His Son As The Guilty Party</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118151-tdg-offers-up-his-son-guilty-party.html</link>
			<pubDate>Fri, 06 Nov 2009 19:35:15 GMT</pubDate>
			<description><![CDATA[Guess you can't attach docs here ? 
  
  
 
---Quote--- 
WARD also testified that he and his son, William, operate a legal E-Bay business from that address with an associated PayPal account. See Franks Decl. (Doc. 59-2) Ward Depo., pp. 20-22; p. 29, Lines 4-22. The E-Bay and PayPal account had an...]]></description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>Guess you can't attach docs here ?<br />
 <br />
 <br />
<!-- BEGIN TEMPLATE: bbcode_quote_printable -->
<div style="margin:20px; margin-top:5px; ">
	<div class="smallfont" style="margin-bottom:2px">Quote:</div>
	<table cellpadding="6" cellspacing="0" border="0" width="100%">
	<tr>
		<td class="alt2">
			<hr />
			
				WARD also testified that he and his son, William, operate a legal E-Bay business from that address with an associated PayPal account. See Franks Decl. (Doc. 59-2) Ward Depo., pp. 20-22; p. 29, Lines 4-22. The E-Bay and PayPal account had an e-mail address of <a href="mailto:xxxxxx@xxxxx.xxx">xxxxxx@xxxxx.xxx</a> which was accessible to William. A reasonable person might conclude that any of those persons had access to WARD&#8217;S computers and therefore his e-mail addresses and online personas. A reasonable person could infer that of the people living with WARD, William certainly had access to WARD&#8217;S computers, his e-mail addresses and E-Bay account and thus, could have sent the offending piracy software in messages and posted on the Internet as well as selling DISH Network-related products using the E-Bay account and WARD&#8217;S monikers.
			
			<hr />
		</td>
	</tr>
	</table>
</div>
<!-- END TEMPLATE: bbcode_quote_printable --> <br />
He also says its illegal to post files for distribution. That is not going to help anyone in court.</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>shootstraight</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118151-tdg-offers-up-his-son-guilty-party.html</guid>
		</item>
		<item>
			<title>anti-piracy bill that recently passed</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118088-anti-piracy-bill-recently-passed.html</link>
			<pubDate>Thu, 05 Nov 2009 19:42:41 GMT</pubDate>
			<description>I am wondering if any IKS users out there are concerned about that bill the president  
recently signed into law. I see few FTA boards discuss this bill. was this something  
that dave or E* were behind. my first thought it was for illegal items passed into the country 
but does this law also cover...</description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>I am wondering if any IKS users out there are concerned about that bill the president <br />
recently signed into law. I see few FTA boards discuss this bill. was this something <br />
that dave or E* were behind. my first thought it was for illegal items passed into the country<br />
but does this law also cover sat or cable services? with IKS who are you connected to?<br />
is it someone working for E* and they are logging your IP address every time you change <br />
channel or watch a movie.....after all, they monitor all those people who <u>are subscribers. </u><br />
that is part of reason I would not want a net connected box. <br />
what I watch is not their business!<br />
I have not read this law. so I don't know.<br />
maybe you might just want to check up on it.<br />
<br />
food for thought, I hope the law was not for what I think.<br />
 <br />
I would not want anybody experimenter to get busted.:cc_hang:<br />
<br />
what are your thoughts? seen this before?<br />
<br />
<font face="Verdana, Arial, Helvetica,  sans-serif"><font size="2"><b><img src="http://www.danasoft.com/sig/SeemyHairyMonster.jpg" border="0" alt="" /></b></font></font></div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>Knee Dragger</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118088-anti-piracy-bill-recently-passed.html</guid>
		</item>
		<item>
			<title>rumors n3 pfs?</title>
			<link>http://www.abadss.com/forum/964-fta-rumor-mill/118086-rumors-n3-pfs.html</link>
			<pubDate>Thu, 05 Nov 2009 19:14:07 GMT</pubDate>
			<description><![CDATA[Posting this here.Found on another site. 
 
DN N3  (http://www.abadss.com/forum/glossary.php?do=viewglossary&amp;term=120) PFS Hack Released. Works on DN Boxes ONLY 
 
New York, New York) 
 
At 11:30 A.M. EDT the N3  (http://www.abadss.com/forum/glossary.php?do=viewglossary&amp;term=120) PFS hack was...]]></description>
			<content:encoded><![CDATA[<!-- BEGIN TEMPLATE: postbit_external -->
<div>Posting this here.Found on another site.<br />
<br />
DN <a href="http://www.abadss.com/forum/glossary.php?do=viewglossary&amp;term=120" target="_blank"><font color="#000000">N3 </font></a> PFS Hack Released. Works on DN Boxes ONLY<br />
<br />
New York, New York)<br />
<br />
At 11:30 A.M. EDT the <a href="http://www.abadss.com/forum/glossary.php?do=viewglossary&amp;term=120" target="_blank"><font color="#000000">N3 </font></a> PFS hack was released for <a href="http://www.abadss.com/forum/glossary.php?do=viewglossary&amp;term=84" target="_blank"><font color="#000000">DISH Network </font></a> boxes only. At this time NO FTA hack or other work arounds exist. No...it's NOT cheap either. This hack is being sold for the sum of $250.00 USD per receiver, and is on a MONTHLY basis. Coders state that this hack has been in the process for over a year, and now is the right time to release it.<br />
<br />
Several testers stated &quot;It's a little pricey, but hey ...I want my free tv, so what am I supposed to do but cough up the $&quot;<br />
<br />
The hack code name PFS is unlike any other that has ever been released said one coder. There is NO <a href="http://www.abadss.com/forum/glossary.php?do=viewglossary&amp;term=104" target="_blank"><font color="#000000">ecm </font></a> that can ever take down our program, and we guarantee it! In over 10 months of testing it has ran perfectly without as much as even 1 glitch the lead coder told reporters today.<br />
<br />
Drawbacks...well yes, but too few to mention said the lead coder. There is no PPV or porn, and don't expect to see any special events such as boxing or anything else on the event channel for the $250.00 sum. If you want the expanded features look at anywhere from and extra $10.00-$75.00 for the extras. The upside is this is not an <a href="http://www.abadss.com/forum/glossary.php?do=viewglossary&amp;term=105" target="_blank"><font color="#000000">IKS </font></a> or SUNS type of system. No one can trace your IP address, and the authorities will never come knocking on your door.<br />
<br />
Currently, I am the only one authorized to offer for sale the PFS hack. I do accept major credit cards, cash, cashier checks, and paypal. The PFS (short for Pay for Subscription) will be on a first come first serve basis. We only have a limited number of slots (about 24 million) so if you don't get in on this in the first week, likely all slots will be filled.<br />
<br />
In other news, it appears that a P4 hack is just around the corner, and could be released as early as next month. Coders say they have been testing the same type of hack, the PFS and have found this to be at 95% complete</div>


<!-- END TEMPLATE: postbit_external -->]]></content:encoded>
			<category domain="http://www.abadss.com/forum/964-fta-rumor-mill/">FTA Rumor Mill</category>
			<dc:creator>dotado48</dc:creator>
			<guid isPermaLink="true">http://www.abadss.com/forum/964-fta-rumor-mill/118086-rumors-n3-pfs.html</guid>
		</item>
	</channel>
</rss>
