DISH Network LLC et al v. RAHMAN

Filing 13

ORDER granting 11 Motion for Default Judgment; Final Judgment and Permanent Injunction. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

)
DISH NETWORK L.L.C., ECHOSTAR
)
TECHNOLOGIES L.L.C., and
) Case No. 2:16‐cv‐12914‐VAR‐SDD
NAGRASTAR LLC,
)

Plaintiffs,
)

)

v.
)

)
OLIUR RAHMAN,
)

)

Defendant.
)

)

FINAL JUDGMENT AND PERMANENT INJUNCTION

I.
NATURE OF THE CASE

1.

Plaintiffs brought this action against Defendant Oliur Rahman

(hereinafter “Defendant”) 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. Defendant accomplished this in part by subscribing to a
pirate television service known as NFusion Private Server (“NFPS”). The NFPS
pirate television service allowed Defendant to illegally decrypt DISH
Network’s satellite signal and view copyrighted satellite television
programming without authorization from DISH Network. (Dkt. No. 1, Pls.’
Orig. Compl.)

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2.

Defendant was properly served with a copy of the summons and

complaint, but failed to file an answer, responsive pleading, or otherwise
defend the lawsuit within the time allowed. DISH Network submitted
evidence that Defendant 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.

3.

As a result of Defendant’s failure to answer Plaintiffs’ Complaint,

or otherwise appear in this action at all, the Court accepts as true the
following well‐pleaded allegations in Plaintiffs’ Original Complaint:
a.

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.
(Dkt. 1, Pls.’ Compl. ¶¶ 9‐10.)

b.

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
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broadcasters, cable networks, motion picture distributors, sports
leagues, and other holders of programming rights. The works 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.)
c.

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.)
d.

The EchoStar Technologies 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
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programming that the customer is authorized to receive as part of his
subscription package and pay‐per‐view purchases. (Id. ¶¶ 17‐18.)
e.

NFPS is a pirate internet key sharing (“IKS”) television

service 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.)
f.

Defendant violated federal laws by utilizing the NFPS pirate

IKS television service and server to obtain DISH Network’s
descrambling control words to illegally receive and descramble DISH
Network copyrighted television programming. (Id. ¶ 27.)

4.

Plaintiffs’ submitted evidence that Defendant connected to the

NFPS IKS server resulting in his interception of Plaintiffs’ satellite signals of
copyrighted satellite television programming, without authorization from
Plaintiffs. Pursuant to 18 U.S.C. § 2520 of the Electronic Communications
Privacy Act (“ECPA”), Plaintiffs are entitled to statutory damages of $10,000
for Defendant’s interception of Plaintiffs’ satellite signal. Plaintiffs seek
$10,000 in their Motion for Default Judgment and Request for Statutory
Damages and Permanent Injunction.
II.

FINAL JUDGMENT & PERMANENT INJUNCTION
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Upon default of the Defendant, the Court, having reviewed the evidence
and arguments in this matter hereby ORDERS and ADJUDGES as follows:
(1)

Defendant and anyone acting in active concert or participation

with, or at the direction or control of Defendant is hereby PERMANENTLY
ENJOINED from:
1)

intercepting Plaintiffs’ satellite television transmissions

without Plaintiffs’ authorization through any means including
Internet Key Sharing (also known as Control Word Sharing);
2)

assisting others in intercepting Plaintiffs’ satellite television

transmissions without Plaintiffs’ authorization through any
means including Internet Key Sharing (also known as Control
Word Sharing); and
3)

testing, analyzing, reverse engineering, manipulating or

otherwise extracting codes or other technological information or
data from Plaintiffs’ satellite television receivers, access cards,
data stream or any other part or component of 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).
(2)

This Permanent Injunction takes effect immediately.
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(3)

The Court awards Plaintiffs DISH Network L.L.C., EchoStar

Technologies L.L.C. and NagraStar LLC statutory damages in the amount of
$10,000 as to Defendant on Plaintiffs’ claim under 18 U.S.C. §§ 2511(1)(a) and
2520.
(4)

The Court retains jurisdiction over this action for the purposes of

enforcing this Final Judgment and Permanent Injunction.
(5)

This is a final judgment. Any and all relief not expressly granted

herein is denied.

It is so ORDERED.
SIGNED and ENTERED this 28th day of February, 2017.

S/Victoria A. Roberts
Hon. Victoria A. Roberts
United States District Court Judge

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