Dish Network L.L.C. et al v. SatFTA

Filing 64

PERMANENT INJUNCTION AGAINST DEFENDANT. Signed by Judge Jeremy Fogel on May 13, 2011. (jflc1, COURT STAFF) (Filed on 5/13/2011)

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**E-Filed 5/13/2011**

DLA PIPER US LLP
ROY K. MCDONALD, Bar No. 193691
[e-mail]
STEVE CHIARI, Bar No. 221410
[e-mail]
DAVID M. DOYLE, Bar No. 233439
[e-mail]
555 Mission Street, Suite 2400
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
HAGAN NOLL & BOYLE LLC
CHAD M. HAGAN (pro hac vice)
[e-mail]
CHRISTINE D. HAGAN (pro hac vice)
[e-mail]
Two Memorial City Plaza
820 Gessner, Suite 940
Houston, Texas 77024
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs
DISH NETWORK L.L.C., ECHOSTAR
TECHNOLOGIES L.L.C. and
NAGRASTAR L.L.C.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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DISH NETWORK L.L.C., a Colorado
Limited Liability Company, ECHOSTAR
TECHNOLOGIES L.L.C., a Texas Limited
Liability Company, and NAGRASTAR
L.L.C., a Colorado Limited Liability
Company,
Plaintiffs,

CASE NO. 08 CV 01561 JF (PSG)
---------------------------------- PERMANENT
[AMENDED PROPOSED]
INJUNCTION AGAINST DEFENDANT

v.
SatFTA aka SERGEI ALEX ALEXEYEV,
Defendant.

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---------------------------- PERMANENT INJUNCTION
[AMENDED PROPOSED]

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This Court, having determined that a permanent injunction should issue against

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Defendant for the reasons set forth in the Court’s Order Granting Summary Judgment Against

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Defendant (Dkt. No. 53), hereby ORDERS that:

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(1)

Defendant and any of his officers, agents, servants, employees, and those acting in

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active concert or participation with him who receive actual notice of this Order are

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PERMANENTLY ENJOINED from engaging in the following conduct:

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a.

Knowingly and willfully making or maintaining or assisting in the making

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or maintaining of an unauthorized connection or connections, whether

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physically, electrically, electronically, or inductively, to DISH Network’s

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encrypted satellite signal, or any other component of DISH Network’s

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encrypted satellite signal, or to a cable, wire, or other media, or receiver

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that is attached to DISH Network’s satellite signal, DISH Network’s

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satellite system, DISH Network’s conditional access system (“CAS”), or

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any part or component thereof (collectively “DISH Network’s Satellite

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Signal or Security System”);

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b.

Knowingly and willfully purchasing, possessing, attaching, causing to be

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attached, or maintaining or assisting in the purchasing, possessing,

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attaching, causing to be attached, or maintaining of the attachment of any

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unauthorized device or devices to any cable, wire, or other component of

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DISH Network’s Satellite Signal or Security system, or to a cable, wire, or

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other media, or receiver that is attached to DISH Network’s Satellite

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Signal or Security System;

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c.

Knowingly and willfully making or maintaining or assisting in the making

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or maintaining of any modification or alteration to any device installed

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without the authorization of DISH Network for purposes of using said

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device to intercept or decrypt DISH Network’s Satellite Signal or

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circumvent DISH Network’s Security System;

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1

---------------------------- PERMANENT INJUNCTION
[AMENDED PROPOSED]

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d.

Knowingly and willfully making or maintaining any modifications or

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alterations or assisting in the making or maintaining of any modifications

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or alterations to any access device that authorizes services intended to

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obtain DISH Network’s Satellite Signal or any DISH Network service;

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e.

Knowingly and willfully obtaining or assisting in the obtaining of any

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unauthorized access device and/or using or assisting in using any

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modified, altered, or unauthorized access device intended to obtain DISH

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Network’s Satellite Signal or any DISH Network service;

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f.

Knowingly

and

willfully

manufacturing,

importing,

assembling,

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distributing, selling, offering to sell, possessing, advertising for sale, or

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otherwise providing or assisting in manufacturing, importing, assembling,

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distributing, selling, offering to sell, possessing, advertising for sale or

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otherwise providing any device, plan or kit for a device or for a printed

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circuit, designed in whole or in part to decode, descramble, intercept, or

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otherwise make intelligible any encoded, scrambled, or otherwise

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nonstandard signal broadcasted by DISH Network’s Satellite Signal or

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carried by DISH Network’s services;

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g.

Intercepting, without authorization, or assisting others in intercepting, any

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interstate or foreign communication broadcasted by DISH Network’s

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Satellite Signal or carried by DISH Network’s services;

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h.

Knowingly and willfully making or maintaining an unauthorized

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connection or connections, whether physically, electrically, or inductively

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to a television set or to other equipment designed to receive television

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broadcast or transmission for the purpose of intercepting, receiving, or

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using any program or other service carried by DISH Network which

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Defendant is not authorized to receive or use;

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i.

Knowingly and willfully purchasing, possessing, attaching, causing to be
attached, assisting other in or maintaining the attachment of any
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---------------------------- PERMANENT INJUNCTION
[AMENDED PROPOSED]

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unauthorized device or devices to a television set or to other equipment

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designed to receive a television broadcast or transmission for the purpose

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of intercepting, receiving, or using any program or other service carried by

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DISH Network which Defendant is not authorized to receive or use;

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j.

Knowingly and willfully making or maintaining any modification or

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alteration to any device installed with the authorization of DISH Network

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for the purpose of intercepting, receiving, or using any program or other

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service carried by DISH Network which Defendant is not authorized to

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receive or use;

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k.

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Circumventing, or assisting others in circumventing, DISH Network’s
CAS;

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Manufacturing, importing, offering to the public, providing, or otherwise

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trafficking in any technology, product, service, device, component, or part

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thereof, that:

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(i)

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is primarily designed or produced for the purpose of circumventing
DISH Network’s CAS;

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(ii)

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has only limited commercially significant purpose or use other
than to circumvent DISH Network’s CAS, or

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(iii)

is marketed by Defendant or another acting in concert with

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Defendant with Defendant’s knowledge for use in circumventing

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DISH Network’s CAS;

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m.

Manufacturing, importing, offering to the public, providing, or otherwise

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trafficking in any technology, product, service, device, component, or part

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thereof, that:

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(i)

is primarily designed or produced for the purpose of circumventing

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a technological measure that effectively protects the programming

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broadcast by DISH Network from unauthorized copying and/or

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distribution,
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[AMENDED PROPOSED]
----------------------------- PERMANENT INJUNCTION

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(ii)

has only limited commercially significant purpose or use other

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than to circumvent a technological measure that effectively

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protects the programming broadcast by DISH Network from

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unauthorized copying and/or distribution, or

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(iii)

is marketed by Defendant or another acting in concert with

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Defendant with Defendant’s knowledge for use in circumventing a

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technological measure that effectively protects the programming

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broadcast by DISH Network from unauthorized copying and/or

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distribution;

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n.

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Reverse engineering or assisting in the reverse engineering of DISH
Network’s CAS, or any portion thereof; and

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o.

Distributing or publishing or assisting in the distributing or publishing to

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any third party, without Plaintiffs’ prior written consent, information,

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instructions, descriptions, diagrams, or illustrations regarding DISH

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Network’s Security System or any portion thereof.

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(2)

This Permanent Injunction takes effect immediately.

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(3)

Should Defendant breach any part of this Permanent Injunction he shall be subject

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---------------------to damages in the amounnt of of up to $110,000 for each such breach or violation, which is the

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maximum statutory damages permitted per violation under 47 U.S.C. § 605(e)(3)(C)(i)-(ii). For

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purposes of assessing damages under this section, each “device, product, file, technology

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or part or component thereof” that is distributed by Defendant or others acting in active

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participation or concert with Defendant in violation of this Permanent Injunction shall constitute

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a separate and discrete violation. In the case of any software, firmware or other file distributed

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or posted by Defendant or others acting in active participation or concert with Defendant,

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each time that software, firmware, or other file is downloaded by an end-user shall constitute

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a separate and discrete violation for purposes of quantifying damages set forth in this section.

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-----------------------------[AMENDED PROPOSED] PERMANENT INJUNCTION

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IT IS SO ORDERED.

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DATED: May 13, 2011

__________________________________
JEREMY FOGEL
United States District Judge

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-----------------------------PERMANENT INJUNCTION
[AMENDED PROPOSED]