DISH Network L.L.C. et al v. McCarty
Filing
18
FINAL JUDGMENT AND PERMANENT INJUNCTION in favor of DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC against David McCarty. Signed by District Judge Martin Reidinger on 1/30/17. (Pro se litigant served by US Mail.) (ejb)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL NO. 1:16-cv-00270-MR-DLH
DISH NETWORK L.L.C.,
ECHOSTAR TECHNOLOGIES
L.L.C., and NAGRASTAR LLC,
Plaintiffs,
vs.
DAVID MCCARTY,
Defendant.
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FINAL JUDGMENT AND
PERMANENT INJUNCTION
THIS MATTER is before the Court on the parties’ Stipulation for Entry
of Final Judgment and Permanent Injunction. [Doc. 17].
Having considered the Stipulation for Entry of Final Judgment and
Permanent Injunction filed by Plaintiffs DISH Network L.L.C., EchoStar
Technologies L.L.C., and NagraStar LLC (collectively, “DISH Network”) and
Defendant David McCarty (“Defendant”), and good cause appearing, the
Court approves the parties’ stipulation and enters the following Order.
IT IS, THEREFORE, ORDERED that:
1.
Judgment is entered against Defendant on Counts I through III
of DISH Network’s complaint which allege Defendant’s violations of the
Digital Millennium Copyright Act, 17 U.S.C. § 1201(a)(1), Federal
Communications Act, 47 U.S.C. § 605(a), and Electronic Communications
Privacy Act, 18 U.S.C. §§ 2511(1)(a), 2520.
2.
Defendant, and any person acting in active concert or
participation with Defendant that receives actual notice of this order, is
permanently enjoined from:
a.
circumventing or assisting others to circumvent DISH
Network’s security system, or otherwise intercepting or assisting others to
intercept DISH Network’s satellite signal;
b.
testing, analyzing, reverse engineering, manipulating, or
otherwise extracting codes, data, or information from DISH Network’s
satellite receivers, smart cards, satellite data stream, or any other part or
component of the DISH Network security system.
3.
This permanent injunction takes effect immediately.
4.
The Court is informed that the parties agreed to a confidential
settlement sum, and therefore there are no damages awarded by the Court.
5.
Each party is to bear its own attorney’s fees and costs.
6.
All motions pending before the Court are denied as moot.
7.
The Court retains jurisdiction over this action for a period of two
years for the purpose of enforcing this permanent injunction.
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IT IS SO ORDERED.
Signed: January 30, 2017
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