DISH Network L.L.C. et al v. Mondry
Default Final Judgment and Permanent Injunction in favor of Plaintiffs, DISH Network L.L.C., EchoStar Technologies, L.L.C., and NagraStar LLC against Defendant Randy Mondry in the amount of $10,000. Signed by Judge Solomon Oliver, Jr., on 11/29/2011. (D,M)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
DISH NETWORK L.L.C.,
ECHOSTAR TECHNOLOGIES L.L.C.,
and NAGRASTAR LLC,
CASE NO. 1:11-cv-01484-SO
Judge Solomon Oliver, Jr.
Magistrate Judge Nancy A. Vecchiarelli
FINAL JUDGMENT AND PERMANENT INJUNCTION
NATURE OF THE CASE
Plaintiffs brought this action against Defendant Randy Mondry (hereinafter
“Defendant”) for unlawfully circumventing the DISH Network security system and receiving
encrypted, 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 operated by www.dark-angel.ca (“Dark Angel”).
The Dark Angel pirate television service allowed Defendant to illegally receive, intercept, and
decrypt DISH Network’s satellite signal and view copyrighted satellite television programming
without authorization from DISH Network. (Dkt. 1, Pls.’ Compl.)
Defendant was properly served with a copy of the Summons and Plaintiffs’
Complaint, but Defendant failed to file an answer, responsive pleading, or otherwise defend
himself from the lawsuit within the time allowed. Plaintiffs 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 Service Members’ Civil Relief Act.
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 plead allegations in
DISH Network is a multi-channel video provider that delivers video,
audio, and data services via a direct broadcast satellite system to more
than 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, ¶¶ 9-10.)
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 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. (Dkt. 1,
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. (Dkt. 1, ¶ 13.)
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 programming that the customer is authorized to
receive as part of his subscription package and pay-per-view purchases.
(Dkt. 1, ¶¶ 17-18.)
Dark Angel was 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. (Dkt. 1, ¶ 22.)
Defendant violated the Electronic Communications Privacy Act
(“ECPA”), 18 U.S.C. §§ 2511(1)(a) and 2520, by utilizing the Dark Angel
pirate IKS television service and server to obtain DISH Network’s
descrambling control words to illegally receive, intercept, and descramble
DISH Network copyrighted television programming. (Dkt. 1, ¶¶ 25, 3739.)
Pursuant to §§ 2511(1)(a) and 2520 of the ECPA, Plaintiffs requested statutory
damages in the amount of $10,000, a sum certain, for Defendant’s intentional interception of
Plaintiffs’ encrypted satellite signal.
Plaintiffs have agreed to dismiss their cause of action under 17 U.S.C. §
1201(a)(1) of the Digital Millennium Copyright Act [Count I of Pls.’ Compl.] and their cause of
action under 47 U.S.C. § 605(a) of the Communications Act [Count II of Pls.’ Compl.] with
prejudice so that a final judgment can be entered in this case.
FINAL JUDGMENT & PERMANENT INJUNCTION
Upon default of the Defendant, the Court, having reviewed the record, evidence, and
applicable law in this matter, hereby ORDERS and ADJUDGES as follows:
Defendant and anyone acting in active concert or participation with, or at the
direction or control of Defendant are hereby PERMANENTLY ENJOINED from:
intentionally intercepting Plaintiffs’ satellite transmissions without
Plaintiffs’ authorization through any means including Internet Key
Sharing (also known as Control Word Sharing); and
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).
This Permanent Injunction takes effect immediately.
Plaintiffs’ causes of action under the Digital Millennium Copyright Act, 17
U.S.C. § 1201(a)(1) [Count I of Pls.’ Compl.] and under the Communications Act, 47 U.S.C. §
605(a) [Count II of Pls.’ Compl.], are hereby dismissed with prejudice.
The Court further ORDERS judgment in favor of Plaintiffs on their claims under
18 U.S.C. §§ 2511(1)(a) and 2520 of the ECPA [Count III of Pls.’ Compl.].
Pursuant to 18 U.S.C. § 2520(c)(2)(B), the Court awards Plaintiffs with statutory
damages in the amount of $10,000 against Defendant on Plaintiffs’ claims under 18 U.S.C. §§
2511(1)(a) and 2520 of the ECPA.
The Court retains jurisdiction over this action for the purpose of enforcing this
Final Judgment and Permanent Injunction.
This is a final judgment.
It is so ORDERED.
SIGNED and ENTERED this ____ day of ____________, 2011.
/s/SOLOMON OLIVER, JR.
Judge Solomon Oliver, Jr. - Chief Judge
United States District Court
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