DN $3500 demand

[alex70olds]

Say's they settled, I'm sure it cost Magi more than $3500.00 with Attorney fee's and court cost's. Don't see how it's a win of any kind. Still doesn't help folks who received letter's. Bottom line they're going after end user's $ trail easy to follow and win win for them . Only cost $400 to file against you in Civil Court so yes they will file. Only answer if caught is to pay up. It's all about the $$$

Would not it help if they answered the demand letter the same?

[alex70olds]

It says they voluntarily dismissed the case Because it was SETTLED .

It does not say what that settlement was .

Could have been Nagra dropping the civil suit or it could have been an amount was paid .

Someone with a vested interest should call Magi's attorney to see if the " no reciever " defense worked .

NagraStar LLC (collectively, “DISH Network”), and Defendant Kailas Magi respectfully notify the Court of the parties’ settlement of this action.

What it does not say is they settled for a confidential amount, or anything close. It does say each party pays for its own legal fees. It also does not say that the court shall maintain jurisdiction to enforce settlement. IMHO I think it has more to do with it can not be proved he did connect to the server. I am surprised DN did not go the route of the code, in itself, ia a violation of the DMCA.

Edit I read the above wrong, the actual wording - No costs are to be assessed to any party. - I still think it appears to be a win.

[alex70olds]

The case is also stipulated dismissal with prejudice meaning Plaintiff is not able to ever refile case. my $.02

[sodusme]

What it does not say is they settled for a confidential amount, or anything close. It does say each party pays for its own legal fees. It also does not say that the court shall maintain jurisdiction to enforce settlement. IMHO I think it has more to do with it can not be proved he did connect to the server. I am surprised DN did not go the route of the code, in itself, ia a violation of the DMCA.

Edit I read the above wrong, the actual wording - No costs are to be assessed to any party. - I still think it appears to be a win.

I would believe that....

I think that one of these cases will end up in a 'landmark' ruling which as you and I agree will be that the codes are 'illegal'. DN is all about getting these stupid 'landmark' rulings on stupid things that they should never be granted.

[sodusme]

This is interesting....

Stumbled across this from some poor bastard that was being sued back in 2011. Apparently this is a site to ask a lawyer your question. This lawyer basically says the same thing we been saying on here:

http://www.justanswer.com/law/4k27n-sued-dishnetwork-illegally-using-signal.html

I would begin then by demanding proof of their claim and a breakdown of the damages. They cannot simply throw out a number or fail to provide basis for the claim. If they refuse, you may have it dismissed and file your own complaint with the BBB

Then you can ignore it or respond with a letter asking for proof of the claim.

I find the bold print of particle interest. Can't throw out a number without a basis for a claim huh? LOL

So you mean you can't just send somebody a demand letter saying they did wrong....without actually providing basis for the claim of wrong doing?

Hmm who'd have thunk it.

[Anubis]

This is interesting....

Stumbled across this from some poor bastard that was being sued back in 2011. Apparently this is a site to ask a lawyer your question. This lawyer basically says the same thing we been saying on here:

http://www.justanswer.com/law/4k27n-sued-dishnetwork-illegally-using-signal.html

I find the bold print of particle interest. Can't throw out a number without a basis for a claim huh? LOL

So you mean you can't just send somebody a demand letter saying they did wrong....without actually providing basis for the claim of wrong doing?

Hmm who'd have thunk it.

As soon as one asks for a breakdown of claim monetary wise the plaintiff in this case usually starts stammering as they don't have one. I have yet to see any claim in these cases that has given one. Makes one wonder now don't it.
I believe I remember reading in a thread somewhere where someone actually broke down what it would costs for a subscription plus legal fees, etc. and it was nowhere near what Nagra was seeking or getting in their cases for that matter.
Heck adding 20 years of inflation and cost of living to the sum still wouldn't bring it close. JMO as I know squat legally and I would be the first to seek an attorney for anything regarding a legal matter.

[GTO]

From the original case Dish filed against Magi, it looks like they wanted 110,000 damages from Magi, not the usual 3,500, unless I'm reading something wrong, so not the usual end user case.

http://www.satfix.net/showthread.php?128424-Dish-Network-LLC-v-Kailas-Magos-(El-******) 

c/p

U.S. District Court [LIVE]
Eastern District of TEXAS (Sherman)
CIVIL DOCKET FOR CASE #: 4:13-cv-00035-RAS-DDB


DISH Network L.L.C. et al v. Magi
Assigned to: Judge Richard A. Schell
Referred to: Magistrate Judge Don D. Bush
Demand: $110,000
Cause: 28:1331 Fed Question: Fed Communications Act of 1
Date Filed: 01/18/2013
Jury Demand: None

[hamburger]

04/10/2013 join date.....welcome Oh wise one!

Point Being ?

[hamburger]

The case is also stipulated dismissal with prejudice meaning Plaintiff is not able to ever refile case. my $.02

If nagra dropped the charges , it is highly unlikely the case would be dismissed with predjudice . It is more likely that a financial SETTLEMENT was reached on these charges precluding any further action .

Nagra would most likely not have any other reason to agree to to a dismissal with predjudice . Why would they ?

Magi's attorneys phone number and email is right on the docs you posted . Someone with a vested interest in fighting their suit should contact him and see if the " no reciever " defense had merit .

[alex70olds]

If nagra dropped the charges , it is highly unlikely the case would be dismissed with predjudice . It is more likely that a financial SETTLEMENT was reached on these charges precluding any further action .

Nagra would most likely not have any other reason to agree to to a dismissal with predjudice . Why would they ?

Magi's attorneys phone number and email is right on the docs you posted . Someone with a vested interest in fighting their suit should contact him and see if the " no reciever " defense had merit .

My thought was that they did not want the issue as to the code itself being decided. The defense could have threatened a counter suit, happens all the time. I have seen DN dismiss before with prejudice when a persons identity was stolen to get a sub for the server. I am not saying your wrong, just this does not follow the previous cases I have read. Usually the proposed order includes language to the effect that the court will maintain jurisdiction to enforce settlement and there is usually a PI involved in it also. I do agree, if I had gotten one of these letters, I would definately want to talk to this attorney.

[hondoharry]

Point Being ?

Some people are hung up on post counts.

[jeldf]

Point Being ?

Point being, you seem very articulate and knowledgeable about a case and thread that was started 6 days ago and suddenly joined to chime in? This has nothing to do with post counts Hondo

[jeldf]

hamburgler? Sod? alex? Hondo? anyone? Wasn't looking to shut this discussion down although I liked the SETTLED parts of the conversation.

[rainman2]

What if someone received a letter for $3500.00 and you do not have that much money, for example you only have about $1,000.00
that you borrowed from family, and you are disabled and your food and rent takes most of your money. Let us say you want to clear your conscience and agree not to do it again. Would they accept the offer that it is all you can borrow from family and friends?
Has anybody done this?

[jeldf]

Don't know. Ask Hamburgler. He seems to know about financial SETTLEMENTS
Do some reading. Sod and Alex post some great posts but that is for you to decide. You get a letter?