-LRL Dish Network, LLC et al v. Polo

Filing 39

JUDGMENT in favor of Plaintiffs Dish Network, LLC, Echostar Technologies, LLC, Nagrastar, LLC against Defendant Darryl Polo in the amount of $250,000.00. Signed by Judge Philip M. Pro on 7/29/11. (Copies have been distributed pursuant to the NEF - MMM)

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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J. BRUCE ALVERSON, ESQ.
Nevada Bar No. 1339
KARIE N. WILSON, ESQ.
Nevada Bar No. 7957
ALVERSON TAYLOR
MORTENSEN & SANDERS
7401 W. Charleston Boulevard
Las Vegas, NV 89117
702-384-7000 Phone
702-385-7000 Fax
Attorneys for Plaintiffs
JOHN M MCLAUGHLIN, ESQ.
(pro hac vice)
GREEN, MILES, LIPTON &
FITZ-GIBBON, LLP
77 Pleasant St; P.O. Box 210
Northampton, MA 01061-0210
413-586-0865 Phone
413-584-6278 Fax
Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DISH NETWORK, LLC, a Colorado Limited
Liability Company, ECHOSTAR
TECHNOLOGIES, LLC, a Texas Limited
Liability Company, and NAGRASTAR, LLC, a
Colorado Limited Liability Company,

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CASE NO: 2:10-cv-01374-PMP-LRL
[(PROPOSED) JUDGMENT
AGAINST DEFENDANT DARRYL
POLO

Plaintiffs

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v.

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DARRYL POLO, aka “THEPIMP” and aka
“DJP” dba www.fta-spot.com,
www.ftapimps.com and
The Media Creative Group (“TMC”)

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Defendant
________________________________________

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Plaintiffs, DISH Network L.L.C., EchoStar Technologies L.L.C., and NagraStar L.L.C.

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(collectively, “Plaintiffs”) having filed their Complaint, demanding certain relief against the
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Defendant Darryl Polo (sometimes referred to as the “Defendant” or “Polo”), as appears more fully

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in their prayer for relief contained therein; the Plaintiffs and the Defendant Polo having agreed upon

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a basis for the adjudication of the matters alleged in the Complaint and for the entry of a judgment in

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this action against Polo based upon a stipulation, which is filed with the Court, and after due

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deliberation being had thereon, it is:

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ORDERED, ADJUDGED AND DECREED that final Judgment in favor of the Plaintiffs
and against the Defendant Polo is hereby granted, ordered, and entered as follows:

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I.

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Pursuant to Title 17 U.S.C. § 1203(c)(3)(A)

and pursuant to Count I of the Plaintiffs’

Complaint the Plaintiffs are awarded $250,000.00 in monetary damages from Polo for his

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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violations of 17 U.S.C. §§ 1201(a)(2).
II.

The Court finds that that the judgment amount is reasonable pursuant to 17 U.S.C. §

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1203(c)(3)(A) which provides statutory damages in the amount of up to $2,500 for each

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violation of 17 U.S.C. §§ 1201(a)(2).

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Pursuant to Title 17 U.S.C. § 1203(b)(1) Polo and all other persons acting or claiming to act

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on his behalf or under Polo’s direction or authority, and all persons acting in concert or in

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participation with Polo are hereby ENJOINED from:

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Manufacturing, importing, offering to the public, providing, modifying, selling or

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otherwise trafficking in any FTA technology whether the devices in question are

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modified or unmodified and any technology for use in any type of control word sharing

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scheme or key sharing scheme (sometimes referred to as IKS, EKS, or SKS) whether the

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devices in question are modified or unmodified.

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

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trafficking in any so called “Free to Air” (FTA) receivers, internet-enabled FTA

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receivers, dongle-adapted FTA receivers that have been modified without authorization,
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any DISH Network satellite pirating device regardless of form, including pirate software,

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or any other technology, product, service, device, component, or part thereof, that:
a. is primarily designed or produced for the purpose of circumventing the encryption

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protection contained in the software on NagraStar’s smart cards or contained

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within EchoStar Technologies’ receivers or any other technological measure

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adopted by DISH Network and/or EchoStar Technologies and/or NagraStar that

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effectively controls access to copyrighted programming or effectively protects the

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exclusive rights afforded the owners of copyrighted programming;

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b. has only limited commercially significant purpose or use other than to circumvent

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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DISH Network’s encryption access control protection or any other technological

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measure adopted by DISH Network and/or EchoStar Technologies and/or

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NagraStar that effectively controls access to copyrighted programming or

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effectively protects the exclusive rights afforded the owners of copyrighted

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programming;

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c. is knowingly marketed by Polo and/or others acting in concert with him for use in

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circumventing DISH Network’s encryption access control protection or any other

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technological measure adopted by DISH Network and/or EchoStar Technologies

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and/or NagraStar that effectively controls access to copyrighted programming or

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effectively protects the exclusive rights afforded the owners of copyrighted

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programming.

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3.

Assembling, modifying, selling, advertising, marketing, possessing, transporting, and/or

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distributing through any means any FTA receiver or internet-enabled FTA receiver or

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dongle-adapted FTA receiver that has been modified without authorization or any other

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electronic, mechanical, or other devices, including FTA receivers, internet-enabled FTA
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receivers or dongle-adapted FTA receivers that have been programmed with pirate

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software, the design of which renders them primarily useful for the purpose of the

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unauthorized interception of DISH Network’s signals.

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Assembling, modifying, selling, advertising, marketing, possessing, transporting, and/or
distributing through any means any DISH Network satellite pirating device regardless of

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form, including pirate software, or any other technology, product, service, device,

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component, or part thereof, that is primarily useful for the purpose of the unauthorized

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interception of DISH Network’s signals.

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Assembling, modifying, selling, advertising, marketing, possessing, transporting and/or

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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distributing through any means any type of FTA receivers, internet-enabled FTA

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receivers or dongle-adapted FTA receivers, where Polo or those acting with Polo are:

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a. programming the FTA receivers, internet-enabled FTA receivers or dongle-

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adapted FTA receivers with modified FTA/IKS software or other piracy software

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before distribution to the receiver customers; and/or

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b. distributing, in any manner, modified FTA/IKS software or other piracy software

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to the FTA receiver, internet-enabled FTA receiver, dongle-adapted FTA

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receiver or dongle (or similar internet connection device) customers, including,

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but not limited to, distributing the modified FTA/IKS software or other piracy

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software by e-mail attachments or distributing the modified FTA/IKS software or

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other piracy software by delivering the software contained on a software or

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holding device; and/or

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c. directing, in any way, the FTA receiver, internet-enabled FTA receiver, dongle-

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adapted FTA receiver or dongle (or similar internet connection device)

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customers to piracy websites, piracy forums, and/or piracy chat rooms where the
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modified FTA/IKS software or other piracy software is available (“pirate

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websites”);

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d. utilizing third parties such as so-called “installers” to effectuate having the FTA

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receiver, internet-enabled FTA receiver, dongle-adapted FTA receiver or dongle

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(or similar internet connection device)

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programmed with modified FTA/IKS software or other piracy software;

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customers’ receiver ultimately

Assembling, modifying, selling, advertising, marketing, possessing, transporting, and/or
distributing through any means any DISH Network satellite pirating devices which

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violate the provisions of this Order.

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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7.

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Subsidizing pirate websites, including subsidizing the pirate websites through advertising
on the pirate websites.

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Utilizing website hyperlinks back and forth between any websites operated or controlled
by Polo and the piracy websites.

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Selling or distributing peripheral devices which are of assistance to the FTA receiver,

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internet-enabled FTA receiver, dongle-adapted FTA receiver or dongle (or similar

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internet connection device) customers to effectuate the unauthorized interception of

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DISH Network signals, including, but not limited to, an 8PSK board, which device is

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designed to effectuate the receipt of Dish Network’s signals in a high-definition mode,

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and satellite dish antennas which are designed to receive premium channel satellite

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signals as opposed to true FTA signals.

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Operating the websites www.fta-spot.com and www.ftapimps.com.

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Operating any website Polo controls or operates in any manner such that the operation

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would violate other terms of the injunctive relief set forth herein.
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Engaging in any activity which would violate the terms of the injunctive relief set forth

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herein while utilizing websites not in Polo’s control, including, but not limited to, such

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websites as EBay and Craigslist.

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III.

The Court finds that that the terms of this Injunction are reasonable and justifiable pursuant to
Title 17 U.S.C. § 1203(b)(1) which provides that the court may “grant temporary and

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permanent injunctions on such terms as it deems reasonable to prevent or restrain a violation”

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and/or pursuant to the equitable considerations allowing for the issuance of a permanent

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injunction through Fed. R. Civ. P. 65.

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IV. The Court finds that that the $250,000.00 judgment amount is non-dischargeable in bankruptcy

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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proceedings pursuant to the provisions of Title 11 USC § 523(a)(6) in that Polo’s actions

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amounted to willful and malicious damage as to the Plaintiffs’ property

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V.

The Court finds that Polo has irrevocably forfeited to the Plaintiffs any right, claim or interest

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in any of the evidence, inventory and any and all of the materials seized by the Plaintiffs

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pursuant to the civil seizure order entered in this civil action, or otherwise given by Polo to

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Plaintiffs.

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VI. Post-judgment interest shall accrue on the stipulated judgment amount pursuant to 28 U.S.C. §
1961.

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IT IS SO ORDERED.

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Dated this _____ day of __________, 2011.
29th day of July, 2011.

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_______________________________________
UNITED STATES DISTRICT DISTRICT JUDGE
PHILIP M. PRO, UNITED STATES COURT JUDGE

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n:\bruce.grp\z-client\18888\pleadings\mtn stipulated judgmt order.doc

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