Dish Network LLC et al v. Cook
FINAL JUDGMENT AND PERMANENT INJUNCTION permanently enjoining Cook and anyone acting in concert or participating with him, or at his direction or control, from the stated; awarding DISH Network L.L.C. and NagraStar LLC statutory damages in the amount of $10,000 under Count III as to Cook on the plaintiffs' claim under 18 U.S.C. §§ 2511(1)(a) and 2520; dismissing with prejudice Counts I and II; and retaining jurisdiction over this action for the purpose of enforcing the injunction granted herein. This permanent injunction takes effect immediately. Signed by Judge J. Leon Holmes on 11/20/2017. (ljb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DISH NETWORK L.L.C.;
and NAGRASTAR LLC
No. 4:17CV00552 JLH
FINAL JUDGMENT AND PERMANENT INJUNCTION
The Court hereby finds, concludes, and orders as follows:
The plaintiffs brought this action against defendant Derrick Cook for unlawfully
circumventing the DISH Network security system and receiving copyrighted, subscription-based
DISH Network satellite television programming without authorization and without payment to DISH
Network. Cook accomplished this in part by subscribing to a pirate television service known as
Satlobo and SmallIKS (collectively, the “IKS Services”). The pirate IKS Services allowed Cook to
decrypt DISH Network’s satellite signal illegally and view copyrighted satellite television
programming without authorization from DISH Network. (Doc. No. 1, Pls.’ Compl.)
Cook was properly served with a copy of the summons and complaint, but he failed
to file an answer, responsive pleading, or otherwise defend the lawsuit within the time allowed.
DISH Network submitted evidence that Cook is not an infant, not an incompetent person, and not
on active duty in the military or otherwise exempted under the Servicemembers’ Civil Relief Act.
As a result of Cook’s failure to answer the Complaint, or otherwise appear in this
action at all, the Court accepts as true the following well-pleaded allegations:
DISH Network is a multi-channel video provider that delivers video, audio,
and data services via a direct broadcast satellite system to approximately 14 million
subscribers. DISH Network uses high-powered satellites to broadcast, among other things,
movies, sports and general entertainment services to consumers who have been authorized
to receive such services after payment of a subscription fee, or in the case of a pay-per-view
movie or event the purchase price. (Doc. No. 1, Pls.’ Compl. ¶¶9-10.)
DISH Network contracts for and purchases the distribution rights for most of
the programming broadcast on the DISH Network platform from providers such as network
affiliates, pay and specialty broadcasters, cable networks, motion picture distributors, sports
leagues, and other holders of programming rights. The works that are broadcast on the DISH
Network platform are copyrighted. DISH Network has the authority of the copyright holders
to protect these works from unauthorized reception and viewing. (Id. ¶¶11-12.)
DISH Network programming is digitized, compressed, and scrambled prior
to being transmitted to multiple satellites located in geo-synchronous orbit above Earth. The
satellites then relay the encrypted signal back down to Earth where it can be received by
DISH Network subscribers that have the necessary equipment. (Id. ¶13.)
The DISH Network receiver processes an incoming DISH Network satellite
signal by locating an encrypted part of the transmission known as the entitlement control
message and forwards that message to the smart card. Provided that the subscriber is tuned
to a channel he is authorized to watch, the smart card uses its decryption keys to unlock the
message, uncovering a control word. The control word is then transmitted back to the
receiver in order to decrypt the DISH Network satellite signal. Each receiver and smart card
is assigned a unique serial number which is used by DISH Network when activating the
equipment, and to ensure the equipment only decrypts programming that the customer is
authorized to receive as part of his subscription package and pay-per-view purchases. (Id.
The IKS Services are pirate internet key sharing (“IKS”) television services
that provided end-users computer software and decryption codes needed to descramble DISH
Network television programming without authority and without payment of a subscription
fee to DISH Network. (Id. ¶25.)
Cook violated federal laws by utilizing the IKS Services to obtain DISH
Network’s descrambling control words to receive and descramble DISH Network
copyrighted television programming illegally. (Id. ¶27.)
The plaintiffs submitted evidence that Cook connected to the IKS Services’ servers
resulting in his interception of the plaintiffs’ satellite signals of copyrighted satellite television
programming, without authorization from the plaintiffs. Pursuant to 18 U.S.C. § 2520 of the
Electronic Communications Privacy Act, the plaintiffs are entitled to statutory damages of $10,000
for Cook’s interception of the plaintiffs’ satellite signal. The plaintiffs seek $10,000 in their Motion
for Default Judgment and Request for Statutory Damages and Permanent Injunction.
Upon default of the defendant Derrick Cook, the Court, having reviewed the evidence and
arguments in this matter hereby ORDERS and ADJUDGES as follows:
Cook and anyone acting in active concert or participation with him, or at his direction
or control, are hereby PERMANENTLY ENJOINED from:
intercepting the plaintiffs’ satellite television transmissions without the
plaintiffs’ authorization through any means including Internet Key Sharing (also known as
Control Word Sharing);
assisting others in intercepting the plaintiffs’ satellite television transmissions
without the plaintiffs’ authorization through any means including Internet Key Sharing (also
known as Control Word Sharing); and
testing, analyzing, reverse engineering, manipulating or otherwise extracting
codes or other technological information or data from the plaintiffs’ satellite television
receivers, access cards, data stream or any other part or component of the plaintiffs’ security
system or other technology used to gain access to DISH Network programming including
through the use of Internet Key Sharing (also known as Control Word Sharing).
This permanent injunction takes effect immediately.
Under Count III, the Court awards DISH Network L.L.C. and NagraStar LLC
statutory damages in the amount of $10,000 as to Cook on the plaintiffs’ claim under 18 U.S.C. §§
2511(1)(a) and 2520.
Counts I and II are dismissed with prejudice.
The Court retains jurisdiction over this action for the purpose of enforcing the
injunction granted herein.
IT IS SO ORDERED this 20th day of November, 2017.
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
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