Federal Court enters final judgment against IKS Rocket end-user Edward Mitchell

[NHL]

Federal Court enters final judgment against IKS Rocket end-user Edward Mitchell, awards $10,000 in statutory penalties, and issues a permanent injunction

On February 4, 2015 the United States District Court for the Northern District of New York granted DISH Network and NagraStar’s motion for final judgment against Edward Mitchell. Mitchell was sued by DISH Network and NagraStar for federal claims arising out of his subscription to the IKS Rocket service. The Court’s order includes a permanent injunction against Mitchell as well as an award of $10,000 in statutory damages (the maximum damages per violation) under the Electronics Communication Privacy Act. DISH Network and NagraStar continue to investigate and take action against those responsible for trying to circumvent the companies’ security system in order to gain unauthorized access to DISH Network programming.

[bigbadbrother]

Bet he used paypal.

[steven charles]

Bet he used paypal.I bet your right...

[NHL]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -----------------------------------------------------x
DISH NETWORK L.L.C., ECHOSTAR TECHNOLOGIES L.L.C., and NAGRASTAR LLC,
Plaintiffs,
v.
EDWARD MITCHELL,
Defendant. -----------------------------------------------------x
I. NATURE OF THE CASE
Case No. 7:14-CV-0716 (GTS/ATB)
FINAL JUDGMENT AND PERMANENT INJUNCTION
I. Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., and NagraStar
LLC (collectively, "DISH Network") brought this action against Defendant Edward Mitchell for
unlawfully circumventing the DISH Network security system and intercepting encrypted,
copyrighted, subscription-based DISH Network satellite television programming. Defendant
accomplished this in part by subscribing to a pirate television service known as !KS Rocket. The
IKS Rocket service provided Defendant with the control words needed to decrypt DISH
Network's satellite signal and view DISH Network programming without authorization from or
payment to DISH Network.
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, or otherwise appear in this action, the
Court accepts as true the following well pied allegations in DISH Network's complaint:
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Case 7:14-cv-00716-GTS-ATB Document 9 Filed 02/04/15 Page 1 of 5
(a) DISH Network is a multi-channel video provider that delivers video,
audio, and data services to approximately 14 million subscribers via a direct broadcast satellite
system. DISH Network uses high-powered satellites to broadcast, among other things, movies,
sports and general entertaimnent 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, ifif 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, motion picture distributors, pay and specialty broadcasters, cable networks, 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, ifif 11-12.)
( c) DISH Network programming is digitized, compressed, and scrambled
prior to being transmitted to multiple satellites in geo-synchronous orbit above Earth. The
satellites then relay the encrypted signal back to Earth where it can be received by DISH
Network subscribers that have the necessary equipment. (Dkt. 1, if 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 NagraStar 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
transmitted back to the receiver in order to decrypt the DISH Network satellite signal. (Dkt. 1,
irir 17-18.)
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Case 7:14-cv-00716-GTS-ATB Document 9 Filed 02/04/15 Page 2 of 5
(e ) IKS Rocket is an Internet key sharing ("IKS") service that provides end
users the control words needed to descramble DISH Network television programming without
authority and without payment of a subscription fee to DISH Network. (Dkt. 1, if 25.)
(f) Defendant violated the Electronic Communications Privacy Act, 18 U.S.C.
§§ 251 l(l)(a) and 2520, as alleged in Count III, by obtaining DISH Network's control words
through the IKS Rocket service and using them to intentionally intercept DISH Network
programming. (Dkt. 1, iii! 26-27, 39-41.)
4. In accordance with 18 U.S.C. §§ 25ll(l)(a) and 2520, DISH Network requested
statutory damages of $10,000, a sum certain, for Defendant's interception of DISH Network's
encrypted satellite signal.
5. DISH Network has agreed to dismiss with prejudice Count I alleging violations of
the Digital Millennium Copyright Act, 17 U.S.C. § 120l(a)(l), and Count II alleging violations
of the Federal Communications Act, 47 U.S.C. § 605(a), so that a final judgment may be entered
in this case.
II. FINAL JUDGMENT & PERMANENT INJUNCTION
Upon default of the Defendant, the Court, having reviewed the record, evidence, and
applicable law in this matter, hereby ORDERS as follows:
(1) Defendant Edward Mitchell and anyone acting in active concert or participation
with, or at the direction or control of Defendant, is hereby permanently enjoined from:
A. circumventing or assisting others in circumventing DISH Network's
security system, or otherwise intercepting or assisting others in intercepting DISH Network's
satellite signal;
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Case 7:14-cv-00716-GTS-ATB Document 9 Filed 02/04/15 Page 3 of 5
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.
(2) This permanent injunction takes effect immediately.
(3) Judgment is entered in favor of DISH Network on Count III of the complaint
alleging violations of 18 U.S.C. §§ 251 l(l)(a) and 2520.
(4) Statutory damages in the amount of $10,000 are awarded to DISH Network in
accordance with 18 U.S.C. § 2520(c)(2)(B).
(5) Counts I and II of the complaint are dismissed with prejudice.
(6) The Court retains jurisdiction over this action for the purpose of enforcing this
final judgment and permanent injunction.
It is so ORDERED.
SIGNED and ENTERED this __ day of ______ ,, 2014.
Glenn T. Suddaby United States District Judge

[NHL]

4
4th February x xxxx 2015
Case 7:14-cv-00716-GTS-ATB Document 9 Filed 02/04/15 Page 4 of 5
Federal Rules of Appellate Procedure Rule 4. Appeal as of Right
(a) Appeal in a Civil Case.
1. (1) Time for Filing a Notice of Appeal. (A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from. (B) The notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed from if one of the parties is: (i) the United States; (ii) a United States agency; (iii) a United States officer or employee sued in an official capacity; or (iv) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf — including all instances in which the United States represents that person when the judgment or order is entered or files the appeal for that person. (C) An appeal from an order granting or denying an application for a writ of error coram nobis is an appeal in a civil case for purposes of Rule 4(a). (2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a decision or order—but before the entry of the judgment or order—is treated as filed on the date of and after the entry. (3) Multiple Appeals. If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time otherwise prescribed by this Rule 4(a), whichever period ends later. (4) Effect of a Motion on a Notice of Appeal. (A) If a party timely files in the district court any of the following motions under the Federal Rules of Civil Procedure, the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion: (i) for judgment under Rule 50(b); (ii) to amend or make additional factual findings under Rule 52(b), whether or not granting the motion would alter the judgment; (iii) for attorney's fees under Rule 54 if the district court extends the time to appeal under Rule 58; (iv) to alter or amend the judgment under Rule 59; (v) for a new trial under Rule 59; or (vi) for relief under Rule 60 if the motion is filed no later than 28 days after the judgment is entered. (B)(i) If a party files a notice of appeal after the court announces or enters a judgment—but before it disposes of any motion listed in Rule 4(a)(4)(A)—the notice becomes effective to appeal a judgment or order, in whole or in part, when the order disposing of the last such remaining motion is entered. (ii) A party intending to challenge an order disposing of any motion listed in Rule 4(a)(4)(A), or a judgment's alteration or amendment upon such a motion, must file a notice of appeal, or an amended notice
of appeal—in compliance with Rule 3(c)—within the time prescribed by this Rule measured from the entry of the order disposing of the last such remaining motion. (5) Motion for Extension of Time. (A) The district court may extend the time to file a notice of appeal if: (i) a party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires; and (ii) regardless of whether its motion is filed before or during the 30 days after the time prescribed by this Rule 4(a) expires, that party shows excusable neglect or good cause. (B) A motion filed before the expiration of the time prescribed in Rule 4(a)(1) or (3) may be ex parte unless the court requires otherwise. If the motion is filed after the expiration of the prescribed time, notice must be given to the other parties in accordance with local rules. (C) No extension under this Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after the date when the order granting the motion is entered, whichever is later. (6) Reopening the Time to File an Appeal. The district court may reopen the time to file an appeal for a period of 14 days after the date when its order to reopen is entered, but only if all the following conditions are satisfied: (A) the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77 (d) of the entry of the judgment or order sought to be appealed within 21 days after entry; (B) the motion is filed within 180 days after the judgment or order is entered or within 14 days after the moving party receives notice under Federal Rule of Civil Procedure 77 (d) of the entry, whichever is earlier; and (C) the court finds that no party would be prejudiced. (7) Entry Defined. (A) A judgment or order is entered for purposes of this Rule 4(a): (i) if Federal Rule of Civil Procedure 58 (a) does not require a separate document, when the judgment or order is entered in the civil docket under Federal Rule of Civil Procedure 79 (a); or (ii) if Federal Rule of Civil Procedure 58 (a) requires a separate document, when the judgment or order is entered in the civil docket under Federal Rule of Civil Procedure 79(a) and when the earlier of these events occurs: • the judgment or order is set forth on a separate document, or • 150 days have run from entry of the judgment or order in the civil docket under Federal Rule of Civil Procedure 79 (a). (B) A failure to set forth a judgment or order on a separate document when required by Federal Rule of Civil Procedure 58 (a) does not affect the validity of an appeal from that judgment or order.