Attorney Steve® DirectTV, Nagrastar-Dish Defense Essentials- [Telecommunications Piracy Case Law - Section 605]

Introduction

Here are some cases and basic infromation you need to know if you receive a Dish-Nagratsar Infringement letter.  Call us for a free consultation.

Cable/Home Commc'n Corp. v. Network Prods., Inc., 902 F.2d 829, 848 (11th Cir. 1990) (holding that “section 605 readily applies to [the unauthorized receipt] of television satellite transmissions intended for paying subscribers.”)

Section 605(e)22192(4) of the FCA makes it unlawful to distribute a device “knowing or having reason to know that it is primarily of assistance in the unauthorized decryption of . . . direct-to-home satellite services, or is intended for any other activity prohibited by subsection (a).” 47 U.S.C. § 605(e)(4).

Subsection (a), in turn, provides that “[n]o person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication . . . for his own benefit or for the benefit of another not entitled thereto.” Id. § 605(a).

DISH's satellite broadcasts of television programming constitute direct-to-home satellite services under section 605(e)(4), and protected radio communications under subsection (a).

Nagrastar-Dish-DirectTV [Federal Legal Cases and Holdings]

DirecTV, Inc. v. Webb, 545 F.3d 837, 844 (9th Cir. 2008) (holding that protections under § 605(a) apply to satellite television signals);

DISH Network L.L.C. v. Ward, No. 8:08-cv-590-T-30TBM, 2008 WL 4327029, at *2 (M.D. Fla. Sept. 18, 2008) (holding that DISH's satellite transmissions are protected radio communications under § 605(a)).

DISH Network L.L.C. v. SET Broadcast LLC, No. 8:18-cv-01334-VMC-AAS, Dkt. 15 (M.D. Fla. June 4, 2018) (granting temporary restraining order, asset freeze, and preservation order against operators of streaming piracy service known as SetTV);

DISH Network et al. v. Droid Technology LLC et al., Case No. 8:19-cv-672-WFJ-AEP (M.D. Fla. April 8, 2019) (ordering that temporary restraining order be converted into preliminary injunction against operators of pirate streaming service known as “Simply-TV”);

DISH Network LLC et al v. Boom Media LLC et al, Case No. 5:19-cv-1310-MADATB, 2020 WL 2543045, at *6 (N.D.N.Y. May 19, 2020)(holding that subscription codes to an unauthorized IPTV service were “designed and produced for purposes of allowing access to the servers that support the [Pirate] Services, and thus are a device or equipment for purposes of Section 605(e)(4).”)(internal quotations omitted).

Showtime/The Movie Channel, Inc. v. Covered Bridge Condo. Ass'n, Inc., 881 F.2d 983, 988 (11th Cir. 1989) (“Section 605(a) of the Federal Communications Act prohibits the unauthorized third party reception of satellite transmissions intended for fee-paying subscribers.”)

Distribution of Piracy Software is Prohibited by Law

DISH Network L.L.C. v. SatFTA, No. 5:08-cv-01561 JF (PSG), 2011 WL 856268, at *5 (N.D. Cal. Mar. 9, 2011) (entering summary judgment and holding that distribution of piracy software violates § 605(a) of the FCA);

DISH Network L.L.C. v. Ward, No. 8:08-cv-590-T-30TMB, 2010 WL 11507693, at *5-7 (M.D. Fla. Jan. 8, 2010) (granting summary judgment and finding that distribution of piracy software violates § 605(e)(4) of the FCA);

DISH Network L.L.C. v. Nguyen, No. 8:12-cv-00369-JVS-MLG, Dkt. 67 (C.D. Cal. Feb. 11, 2013) (same);

DISH Network L.L.C. v. Bagdasaryan, No. CV-09-03351 RBL, Dkt 62 (C.D. Cal. Dec. 16, 2010) (same)

DISH Network L.L.C. v. Dillion, No. 3:12-cv-157 BTM (NLS), 2012 WL 368214, at *3-4 (S.D. Cal. Feb. 3, 2012) (same but entering a preliminary injunction);

DISH Network L.L.C. v. Rosen, No. 0:12-cv-62388-JMW, Dkt. 19 (S.D. Fla. Feb. 4, 2013) (granting preliminary injunction against trafficking in piracy subscription services and access codes in violation of the DMCA and FCA).

Participation and involvement with an illegal streaming service, and trafficking in device codes [that provide access to that service], constitute direct violations of the FCA (Federal Communications Act per 47 U.S.C. §§ 605(a), (e)(4)

Contact an IPTV defense law firm

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