DISH Network L.L.C. et al v. I.E. Entertainment, Inc. et al

Filing 71

PRELIMINARY INJUNCTION: Order granting 68 Motion for preliminary injunction. Signed by Judge James S. Moody, Jr on 4/12/2011. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DISH NETWORK L.L.C.,
ECHOSTAR TECHNOLOGIES L.L.C.,
and NAGRASTAR LLC,
Plaintiffs,
v.

Case No. 8:11-cv-308-T-30-EAJ

I.E. ENTERTAINMENT, INC.,
LARRY HYMAN, IAN JONES, and
ERIC JOHNSON, all individually
and d/b/a ABADSS.COM,
Defendants.
_________________________________/
PRELIMINARY INJUNCTION
Having considered the Joint Motion for Entry of Agreed Preliminary Injunction (Dkt.
#68) filed by Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., and NagraStar
LLC (collectively, “DISH Network”) and Defendants Larry Hyman, I.E. Entertainment, Inc.
(“I.E. Entertainment”), and Eric Johnson (“Johnson”), as well as the court file in this matter and
applicable law, this Court finds that good cause has been shown and hereby ORDERS that:
1.

The Joint Motion for Entry of Agreed Preliminary Injunction (Dkt. #68) is
GRANTED.

2.

I.E. Entertainment and Johnson are hereby ENJOINED from the following:
a.

Offering to the public, providing, modifying, or otherwise trafficking in

any software that is used in circumventing DISH Network’s security technology
or decrypting DISH Network programming without authorization (hereinafter
“Pirate Software”), or allowing Pirate Software on www.abadss.com or any other
website owned or operated by I.E. Entertainment or Johnson. For purposes of this
injunction, email or private messages that discuss Pirate Software and which are

exchanged on www.abadss.com by persons other than I.E. Entertainment or
Johnson will not constitute a violation of the injunction by I.E. Entertainment or
Johnson;
b.

Using Pirate Software or any other technology to circumvent DISH

Network’s security technology or decrypt DISH Network programming without
authorization;
c.

Destroying, hiding, or removing records in any form (including electronic

form) that evidence, refer, or relate to Pirate Software, on a going forward basis,
including documents that identify or may be used to quantify the Pirate Software
offered or distributed by I.E. Entertainment, and all documents that concern
persons involved in designing, manufacturing, distributing, or receiving Pirate
Software.
3.

I.E. Entertainment and Johnson will prominently display a banner approved by

DISH Network on the home page of www.abadss.com and all sub-domains instructing the
website’s members, moderators, administrators, employees, officers, directors, shareholders, and
visitors not to upload any software, firmware, file or other technology to www.abadss.com that
can be used in the circumvention of DISH Network’s security system or the unauthorized
decryption of DISH Network programming.
4.

I.E. Entertainment and Johnson will continue to send all files uploaded on

www.abadss.com to a moderation queue to be reviewed by site moderators before being made
available to site users.

I.E. Entertainment and Johnson must preserve, going forward, all

evidence that relates to such files and the person providing the file. I.E. Entertainment and
Johnson must notify DISH Network when a person attempts to upload Pirate Software, and in
that notification disclose to DISH Network all information that may be used to identify the
person providing the file.

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5.

DISH Network may provide written notice to I.E. Entertainment, through its

Custodian Larry Hyman, of any Pirate Software on www.abadss.com. Once such written notice
is received, I.E. Entertainment will have forty-eight (48) hours to remove the Pirate Software.
6.

This preliminary injunction applies to I.E. Entertainment and Johnson, and all

others acting in concert with I.E. Entertainment or Johnson who receive notice of this order.
7.

This preliminary injunction takes effect immediately, and shall remain in effect

pending entry of final judgment in this matter or further order of this Court.
DONE and ORDERED in Tampa, Florida on April 12, 2011.

Copies furnished to:
Counsel/Parties of Record

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