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Thread: Action, Injunction, and Civil Search Order Obtained Against BeaverTV Monday 2014-05-1

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    Default Action, Injunction, and Civil Search Order Obtained Against BeaverTV Monday 2014-05-1



    In March 2014, Bell ExpressVu Limited Partnership, NagraStar LLC, EchoStar Technologies LLC, and DISH Network L.L.C. commenced a civil action and executed an Anton Piller (civil search) order against Jeremy Latchford of Belleville, Ontario, John McSevney of Hamilton, Ontario, and Jeffrey Tufts of Kitchener, Ontario, at their respective residences. Latchford was active on piracy forum web sites under the usernames “thebeav”, “jeremyl”, “melly”, and “dn5050”. McSevney was known online as “johnny7107” and Tufts was known as “ruthie”.

    The companies say that Latchford operated the BeaverTV and YearlyIKS services and that McSevney and Tufts were his primary resellers. The execution of the Anton Piller order resulted in the identification and dismantling of the BeaverTV North IKS server, the suspension of the BeaverTV South IKS server and the YearlyIKS server, and the seizure of technology and substantial evidence concerning the unlawful activities of Latchford, McSevney, Tufts and others. An injunction was obtained against Latchford, McSevney and Tufts restraining them from engaging in satellite television piracy.

    This was another victory in the companies’ continuing efforts against satellite television piracy throughout North America.

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    Guess this answers the Question about the border on wether or not NagraStar LLC, EchoStar Technologies LLC, and DISH Network L.L.C will pursue server activity in other countries: now the question is is wether they go after the endusers of these servers...

    Good Luck
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    I'm guessing that they will only persue the north server, I doubt that they have legal rights for anything south of the border.
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    Both bev and dn are together with nagara.. always have been . 2 different countries with different laws etc . They have gone after the servers and large farms .. only dtv that I know of have gone after the end user. I think its been beaten before ..lol

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    Quote Originally Posted by 1boxman View Post
    only dtv that I know of have gone after the end user. I think its been beaten before ..lol
    Keep on lol'ing all you want, where were you for all the Wufman suits?

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    Quote Originally Posted by hondoharry View Post
    Keep on lol'ing all you want, where were you for all the Wufman suits?
    End user in canada ?

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    Quote Originally Posted by hedley View Post
    I'm guessing that they will only persue the north server, I doubt that they have legal rights for anything south of the border.

    Is south of the border meaning the US ? If so there is nothing stopping them from filling law suits in the US against end users there alleging fractions under US law if they gather evidence.



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    Quote Originally Posted by The Noof View Post
    Don't think there were any end-user suits in Canada with regards to the Wuffpoop fiasco,but wasn't there end-user suits against several Canadians in the Dark Angel b.s.?

    No they have not filled law suits against end users in Canada. I think ( speculating ) this is related to small financial judgments they could get in Canada against end users and also related to Bev who was sued successfully by Videotron for not doing enough against their piracy on their own system. Lawsuits could be filled without Bev but they are the ones with the biggest claim of harm in Canada against end users.



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    Quote Originally Posted by The Noof View Post
    Don't think there were any end-user suits in Canada with regards to the Wuffpoop fiasco,but wasn't there end-user suits against several Canadians in the Dark Angel b.s.?
    Thats my whole point...about nag so far .

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    Quote Originally Posted by hondoharry View Post
    Keep on lol'ing all you want, where were you for all the Wufman suits?
    lol was for ..about beating on who will get sued (end user ) Other words..the discussion ..

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    Quote Originally Posted by Gunsmoke2 - GS2 View Post
    No they have not filled law suits against end users in Canada. I think ( speculating ) this is related to small financial judgments they could get in Canada against end users and also related to Bev who was sued successfully by Videotron for not doing enough against their piracy on their own system. Lawsuits could be filled without Bev but they are the ones with the biggest claim of harm in Canada against end users.



    GS2

    Thats true, we have not seen end users in Canada served letters and some of the reason is because of the relatively small awards that they would most likely be entitled to pursue. Of coarse there are other reasons, most have to do with dn and the fact that they can't claim lost revenue from end users in Canada.

    This case as far as the Canucks are concerned is a little different because of the north server being taken down on north soil.

    Only question left would be if they want to pursue it to the the end user given the minimal awards available thru legal means.

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    Quote Originally Posted by surfinisfun View Post
    Thats true, we have not seen end users in Canada served letters and some of the reason is because of the relatively small awards that they would most likely be entitled to pursue. Of coarse there are other reasons, most have to do with dn and the fact that they can't claim lost revenue from end users in Canada.

    This case as far as the Canucks are concerned is a little different because of the north server being taken down on north soil.

    Only question left would be if they want to pursue it to the the end user given the minimal awards available thru legal means.


    Bev once sent out letters to end users. I posted a copy of the letter as others did on different sites at the time. Some thought it was fake but its my opinion it was real. Bev sent out the letters collected whatever they did from any who complied with it but never followed through with lawsuits. They could have plan it that way. In that case one could argue it was some form of illegal abuse of demand letters due to the fact of not filling any lawsuits. Don't think there were too many letters sent as there were not that many reports of people receiving them.


    Bev sent out two letters. This goes back to 2007. First one demanding a $1000. Second one demanding $2,000. Now I have debated this issue before on what they can get on a Civil Judgment. Some argue no more than a $1000 on how they read the law. I read it that they can get more than $1,000. However if they are not entitled to more than $1000 according to the law as some read it than how can they demand $2,000 in their second letter.



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    Here is a copy of the second demand letter sent out by Bev.


    Bell Express Vu previously sent you a letter relating to both your purchase of equipment that is designed to obtain unauthorized access to Bell Express Vu’s programming and your registration on a website that provides information and other services to individuals who are interested in pirating Bell Express Vu’s programming. A copy of that letter is enclosed for your reference.

    We have not yet received a response to our initial letter. We have therefore retained the services of a personal service company to personally deliver this documentation to you.

    Bell Express Vu remains willing to resolve this matter informally rather then commence a legal proceeding against you. In return for your cooperation, Bell Express Vu is willing to settle its claims on substantially the same terms as set forth in the original letter, provided that the settlement amount has been adjusted to $2000 to reflect the additional costs incurred by Bell Express Vu in personally serving you with this documentation.

    Should you fail to respond to this letter or should you choose to reject Bell Express Vu’s settlement offer, please be advised that Bell Express Vu will take appropriate steps to protect its rights, including initiating legal proceedings in court seeking the award of damages and other relief.

    To accept this offer and avoid any further legal action by Bell Express Vu, you must do each of the following on or before 5:00 pm Eastern Standard Time, July 16th 2007:

    1. Deliver to Bell Express Vu a certified cheque, bank draft or money order in the amount of $2000.00 on account of damages.
    2. Deliver to Bell Express Vu all illegally modified Access Cards, FTA receivers or other satellite signal theft equipment or devices in your possession, custody or control.
    3. Complete sign and return to Bell Express Vu the enclosed two copies of the Settlement Agreement. Please note that the Settlement Agreement enclosed is a revised version of the previous Settlement Agreement sent to you in our initial letter. Accordingly, please only sign the copies of the Settlement Agreement enclosed in this letter.

    Each of these is to be delivered to the following address:

    Bell Express Vu Limited Partnership
    Attention: Broadcast Security Office
    Suite 300
    100 Wynford Drive
    Toronto, Ontario
    M3C 4B4

    Please reference your case number (page 1 of this letter) when you call or email us.

    Please be advised that Bell Express Vu Customer Representatives will not be able to handle any inquires regarding this matter. Please direct any and all future inquiries to the Bell Express Vu Broadcast Security Office at 1-800-472-4359 or [email protected].

    Thank you for your immediate attention to this matter.

    Sincerely


    Bell Express Vu Limited Partnership
    Broadcast Security Office

    Settlement Agreement and Mutual release

    This settlement agreement and Mutual Release (“Agreement”) is dated as of June 15th, 2007 (the “Effective Date”) and is made between Bell Express Vu Inc, in its capacity as a general partner Of Bell Express Vu Limited Partnership (“Express Vu”) and XXX XXXXX, a resident of the Province of XXXX (“End-User,” and with Express Vu, the “Parties”)

    Recitals

    WHEREAS Express Vu operates a digital television service in Canada (the :Express VU Service”) and possesses a proprietary interest in distributing the Express Vu Service securely only to those subscribers who pay to use it;

    WHEREAS Express Vu invests substantial sums of money to design, engineer, and maintain a complex conditional access system employed to prevent unauthorized viewing of the Express Vu Service;

    WHEREAS Express Vu has made certain claims against End-User alleging that, prior to the Effective Date, End-User has purchased, possessed, and illegally used hardware and/or software to circumvent Express Vu’s conditional access system and to use the Express Vu Service without payment to or proper authorization from Express Vu (the “Claims”).

    Terms of Agreement

    NOW THERFORE, in consideration of the mutual promises and covenants contained herein (including the above recitals), the sufficiency of which is hereby acknowledged, the Parties agree as follows:

    1. End-User agrees to pay Express Vu the amount of $2000.00. Upon execution and delivery of this Agreement, End-User shall deliver to Express Vu at the address provided in Section 11 below, a cheque payable to :Bell Express Vu Limited Partnership” in the amount of $2,000.00.
    2. End-User will:

    (a) deliver to Bell Express Vu no later then ten days after the Effective Date, the End-Users sole expense and at the address provided in Section 11 below, all hardware and software in End-User’s custody and/or control which is adapted to circumvent Express Vu’s conditional access system and/or to receive and/or to use Express Vu Service without payment to Express Vu;
    (b) Cooperate fully with Express Vu and provide Express Vu with all information in End-User’s possession regarding the unauthorized use of the Express Vu Service; and
    (c) Not, at any time in the future, access or attempt to access the Express Vu Service without proper authorization from and payment to Express Vu.

    3. The parties agree that any breach of any of the terms and conditions set forth in Sections 1, 2 or 8 of this Agreement will constitute a material breach of this Agreement. The parties further agree that it would be difficult to calculate the damages suffered by Express Vu if End-User fails to comply with each term and condition of this Agreement. Accordingly, if End-User fails to materially comply with the terms of this agreement (other than the terms contained in Section 1, above), End-User will pay Express Vu $5,000.00 in liquidated damages.
    4. In return for the consideration stated in Sections 1 and 2, above, Express Vu hereby fully releases and forever discharges End-User form any and all civil claims, demands, injuries and causes of action, for damages or equitable relief, based upon the Claims (the “Release”). The Parties understand and specifically agree that the Release does not include or release (a) any obligation under this Agreement; (b) any claims that occur after the Effective Date; (c) any claims that End-User has trafficked in goods and/or services for unauthorized access to subscription television programming; and (d) any claims from persons or entities other then Express Vu, specifically including prosecution for violation of criminal law.
    5. In return for the Release, End-User hereby fully releases and forever discharges Express Vu, its affiliates ( as that term is defined in the Canada Business Corporation Act) and their respective directors, officers, employees and agents from any and all claims, demands, injuries and causes of action, for damages or equitable relief, based upon the events leading to the execution of this Agreement including the Claims, the investigation of the Claims, and the negotiation and settlement that has resulted in this Agreement.
    6. This Agreement is entered into for the sole purpose of resolving this dispute between the Parties and nothing herein is intended to be or shall constitute an admission of wrongdoing or of an illegal act.
    7. Nothing in this Agreement prevents Express Vu from taking legal action against End-User with respect to the Claims or otherwise if End-User fails to meet all of the obligations set forth in Sections 1 or 2, above, or otherwise breaches any term of this Agreement.
    8. End-User agrees to keep the terms and conditions of this Agreement strictly confidential and not to release or disclose the terms and conditions of this Agreement to any third party other then End-User’s legal representative and/or as may be required by law.
    9. No breach of this Agreement can be waived unless it is in writing.
    10. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of XXXX and federal laws of Canada applicable therein. End-User hereby consents to personal jurisdiction and venue in the Province of XXXX for any action arising from in any way related to this Agreement, including but not limited to enforcement thereof.
    11. All notices related to this Agreement shall be in writing and shall be delivered either by hand or by a common postal carrier to the Parties, addressed to the Parties as specified in this Section 11 or at such other address as shall be designated by such Party in a subsequent writing. Any notice hereunder shall be deemed provided upon delivery to the Party’s address.



    GS2

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    Here is a copy of the first demand letter. Should have posted this first.


    Bell ExpressVu is investigating individuals receiving Bell ExpressVu encrypted subscription programming without authorization. Illegal reception of Bell ExpressVu's programming is accomplished through the use of modified Bell ExpressVu access cards (sometimes referred to as "test cards"), modified free-to-air (FTA) receivers and other illegal signal theft devices.

    We recently obtained business records of an entity that sold illegal signal theft devices. These records show that you purchased equipment that is designed to obtain unauthorized access to Bell ExpressVu's programming. We also obtained the business records of an entity that operated a web site that provided information and other services to individuals who were interested in pirating Bell ExpressVu's programming. These records show that you were a registered member of that web site.

    We are contacting you because the operation or possession of illegal signal theft equipment to access Bell ExpressVu's programming constitutes a violation of the Radiocommunication Act (Canada) (the "RCA"). In particular Section 10(1)(b) of the RCA makes it a criminal offence to operate or possess any equipment or device for the purposes of decoding Bell ExpressVu's encrypted subscription programming signal without Bell ExpressVu's authorization. Any person found guilty of such an offence is liable to a fine of up to $5,000 or to imprisonment for a term of up to one year, or to both. In addition, Section 18 of the RCA entitles Bell ExpressVu to sue any person operating or possessing signal theft equipment contrary to Section 10(1)(b) of the RCA for any and all losses or damages suffered by Bell ExpressVu due to such conduct and to obtain other remedies against such persons including an injunction prohibiting such person from operating or possessing satellite signal theft equipment.

    Satellite piracy is illegal and results in unfair express to Bell ExpressVu and its paying customers. For this reason, Bell ExpressVu actively pursues legal action against those engaged in the facilitation of signal theft.

    Bell ExpressVu is willing to resolve this matter informally rather than commence a legal proceeding against you. In return for your cooperation, Bell ExpressVu is willing to settle its claims against you as of the date this letter provided that you:
    a) execute the enclosed Settlement Agreement which sates, in part, that you will not purchase, use, attempt to use or possess illegal signal theft equipment or devices to obtain satellite programming in the future, nor will you have any involvement in the unauthorized reception and use of Bell ExpressVu satellite television programming
    b) surrender to Bell ExpressVu all illegally modified Access Cards, FTA receivers or other satellite theft equipment or devices in your possession, custody or control
    c) pay to Bell ExpressVu the sum of $1000 for your past wrongful conduct and the damages thereby incurred by Bell ExpressVu.

    Should you fail to respond to this letter or should you choose to reject Bell ExpressVu's settlement offer, please be advised that Bell ExpressVu will take appropriate steps to protect its rights, including initiating legal proceedings in court seeking the award of damages and other relief.



    GS2
    Last edited by Gunsmoke2 - GS2; 05-14-2014 at 10:19 PM.

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    I'm not sure how relevant those letters are now, I'm guessing not very, considering many things have changed in 7 years.

    Also, you have to consider who they were sent to and under what circumstances - ie:Running a server, re-seller, end user and/or on Canadian soil and so on.

    Either way, its all speculation at this point on how they will proceed, or if they will try to do more in this case.

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