Contact Us Today! (877) 276-5084

DISH Network Piracy

DISH Network Piracy Legal Defense – Accused of Satellite Theft?

Dish network piracy lawyer 768x425

Introduction

Did you recently receive a legal demand letter from DISH or EchoStar claiming your have stolen or infringed on their network?  The letter may go like this:

“Dear Unfortunate Person:

This correspondence is sent on behalf DISH Network L.L.C., EchoStar Technologies L.L.C., and NagraStar LLC (collectively “NagraStar”) to individuals who receive DISH Network pay-television programming without authorization. The illegal reception of DISH Network pay-television programming occurs through the use of signal theft devices and pirate Internet Key Sharing (“IKS”) servers accessible via the internet.

NagraStar has obtained business records from an individual who sold IKS passcodes to the Nfusion Private Server (“NFPS”) and IKS Rocket pirate television services. These business records establish that you purchased multiple IKS passcodes, which provided you with unauthorized access to DISH Network television programming and decryption codes needed to descramble that programming without payment of a subscription fee to DISH Network. Enclosed for your reference is a small portion of the evidence that has been gathered, including the third party payment transaction information for your NFPS purchase and some of the IKS passcodes you received.”

The circumvention of NagraStar's security system and unauthorized interception of DISH Network's programming violated several federal statutes including the Digital Millennium Copyright Act, 17 U.S.C. § 1201(a)(1), the Communications Act of 1934, 47 U.S.C. § 605(a), and the Electronic Communications Privacy Act, 18 U.S.C. §§ 2511(1)(a), 2520. Statutory damages provided under these laws extend to $110,000 for each violation and provide for additional recovery of attorney's fees and costs Furthermore, the number of codes purchased indicate your involvement in the sale and distribution of IKS passcodes to third-parties. The provision of IKS passcodes to others in order to facilitate the illicit acquisition of DISH Network programming violates a variety of federal statutes including 17 U.S.C. § 1201(a)(2) and 47 U.S.C. § 605(e)(4). Pursuant to Federal Rules of Civil Procedure 26 and 37, you must preserve all documents, electronically stored information including emails, and equipment concerning this matter.

NagraStar is making an effort to resolve its legal claims against individuals who illegally obtained access to its pay-television programming via the NFPS and IKS Rocket pirate television services. NagraStar is prepared to release its claims against you arising from your unlawful accessing of DISH Network programming through the NFPS or IKS Rocket service in return for your agreement to:

(1) pay the sum of $7,500 to NagraStar for your past wrongful conduct;

and

(2) enter into a formal settlement agreement that includes an agreed permanent injunction.

The letter may go on to cite certain caselaw, basically to scare the living crap out of you:

See 47 U.S.C. §§ 605(e)(3)(C)(i)-(ii) and 605(e)(3)(B)(iii); 17 U.S.C. §§ 1203(c)(2), 1203(c)(3)(A), 1203(b)(4)-(5); 18 U.S.C. §§ 2520(c)(2) and 2520(b)(3); see also DISH Network L.L.C. et al. v. Khachik Bagdasaryan, Case No. CV09-03351RMB (C.D. Cal. 2010), Dkt. No. 62 (Order granting summary judgment and entering statutory damages against Defendant in the amount of $151,767,600 related to piracy software that facilitated the theft of DISH Network programming);

DISH Network L.L.C. et al. v. Jeffrey Hardison, Case No. 4:11-CV-178-D, Dkt. No. 26 (E.D.N.C. 2012) (Order granting summary judgment against a user of the Dark Angel pirate television service and entering statutory damages against Defendant in the amount of $10,000 plus DISH Network's attorney's fees in the amount of $17,608.50 and costs in the amount of $2,706.78);

DISH Network L.L.C. et al. v. Elvis Perry, Case No. 3:11-CV-0427-M (N.D. Tex. 2011), Dkt. No. 19 (Order granting summary judgment against a user of the Dark Angel pirate television service and entering statutory damages against Defendant in the amount of $10,000 plus DISH Network's attorney's fees in the amount of $11,471 and costs in the amount of $2,118.24);

DISH Network L.L.C. et al. v. Bill Williamson, Case No. 3:13-cv-50-TAV-CCS (E.D. Tenn. 2013), Dkt. No. 14 (Order granting summary judgment against a user of the IKS Rocket pirate television service and entering statutory damages against Defendant in the amount of $10,000 plus DISH Network's attorney's fees in the amount of $1,312.50 and costs in the amount of $815.00);

and

DISH Network L.L.C. et al. v. Clayton Hoggard, Case No. 1:14-cv-331-AWI-JLT (E.D. Cal. 2014), Dkt. Nos. 10-11 (Orders granting default judgment against a user of the NFPS and IKS Rocket pirate television services and entering statutory damages against Defendant in the amount of $10,000).

DISH Network L.L.C., et al. v. Troy McIntyre, Case No. 8:13-cv-02327-MSS-MAP (M.D. Fla. 2014), Dkt. No. 31 (Order granting judgment against a user and reseller of passcodes to the NFPS pirate television service and entering statutory damages against Defendant in the amount of $20,000 plus DISH Network's attorney's fees in the amount of $16,268 and costs in the amount of $1,402);

DISH Network L.L.C., et al. v. Joshua Lamaack, Case No. 0:12-cv-02416-DWF-FLN (D. Minn. 2013), Dkt. 51 (Order granting default judgment against Defendant in the amount of $350,000 for distributing or otherwise trafficking in IKS server passcodes primarily designed and used for stealing DISH Network's programming.

As you might have gathered by now, this company means business and they are not afraid to get really aggressive in court.

Contact a DISH piracy defense law firm

If you received a notice of subpoena, demand letter, or summons and complaint (indicating you have been sued – most likely in federal court) contact us for a free initial evaluation.  We can offer low flat rate fees for non-litigation (settlement cases) and competitive rates if litigation is required.  We have extensive federal court experience and offer tenacious legal defense.

Call (877) 276-5084.  You can see our client reviews here.

Contact us for an initial consultation!

For more information, or to discuss your case or our experience and qualifications please contact us at (877) 276-5084. Please note that our firm does not represent you unless and until a written retainer agreement is signed, and any applicable legal fees are paid. All initial conversations are general in nature. Free consultations are limited to time and availability of counsel and will depend on the type of case you are calling about (no free consultations for other lawyers). All users and potential clients are bound by our Terms of Use Policies. We look forward to working with you!

Menu