-LRL Dish Network, LLC et al v. Polo
Filing
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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
(702) 384-7000
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
(702) 384-7000
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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1.
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
(702) 384-7000
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
(702) 384-7000
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
(702) 384-7000
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
(702) 384-7000
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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