[A_Z_A]

D*sh Network LLC has failed to put an immediate stop to Sonicview

By Samuel Howard

New York (July 27, 2009): D*sh Network LLC has failed to put an immediate stop to Sonicview USA’s alleged pirating of satellite television programming, as a federal judge has refused to grant a temporary restraining order without first notifying the defendants of the allegations.

On Thursday, Judge M. James Lorenz of the U.S. District Court for the Southern District of California said the plaintiffs had established the probability of prevailing on claims that Sonicview violates D*sh Network’s copyright protections, but he decided against issuing an ex parte TRO and seizure order as it would effectively shutter the defendants’ business.
Plaintiffs D*sh Network, Ech*Star Technologies LLC and N*graStar LLC sought a TRO when they filed suit July 17, without serving Sonicview with the complaint, claiming the defendants sell devices and technology used to illegally decrypt D*sh Network programming.

Judge Lorenz acknowledged the merit of the plaintiffs’ claims under the Digital Millennium Copyright Act, the Communications Act and the Electronic Communications Privacy Act but came short of issuing the ex parte TRO, deeming the seizure order too severe a remedy for the circumstances.

While the defendants may indeed be heavily involved in the manufacture of receivers and software used to intercept and steal D*sh Network’s encrypted signal, issuing the TRO without notice to the defendants risks causing excessive hardship, according to the order.

“In essence, plaintiffs seek to close defendants’ business, including the distribution of any equipment that is not used to pirate D*sh Network’s programming. Contrary to plaintiffs’ claim, the proposed injunction would cause defendants hardship,” Judge Lorenz said.

Plaintiffs failed to substantiate claims that the ex parte TRO is appropriate because Sonicview will likely destroy evidence if they are given notice of the litigation, court said, adding that such intervention is only ever rarely justified.

D*sh Networks contended that the balance of hardship recommended granting the TRO because the order would simply require the defendants to comply with federal and California copyright law, according to the order.

Sonicview allegedly sells its pirating technology through a storefront as well as numerous Web sites.

Dish Network conducted an undercover investigation that confirmed the defendant is developing a device capable of hacking D*sh Network’s latest security system, according to the complaint.

D*sh Network satellite system provides satellite television programming to over 13 million subscribers in the U.S., and the defendant specializes in providing technology that enables consumers to illegally access the programming, the complaint says.

Representatives for D*sh Network could not be reached for comment Monday.

Plaintiffs are represented by Hagan Noll & Boyle LLC.
Counsel information for defendants was not available Monday.
The case is D*sh Network LLC et al. v. Sonicview USA Inc. et al., case number 3:09-cv-01553, in the U.S. District Court for the Southern District of California

[AmandaLyhn]

WoW! Hmmmmm, That is Very Interesting.
Thier deffence really is acurate!,
The sonicview or Viewsat, Or, (anyother box companies)
Direct You to use them in a Legal fashion, & That
They are not responsible for the "mis-use"
of the Technology after purchase!
I wonder, If since they went so far to go after the Box Companies,
Wonder How Possible it is for them to go after the other fta resorce Sites,
like this site for instance, Maybe that has a small part in the code releases?

[tnc917]

i doubt it since sites do not manafacture

[bobbymac63]

plus the site is for testing only we are all just testing fta

[car5469]

Well the first question is to ask: Where is the server for this website. Does somebody know? I hope it is in Kenya or Nigeria, somewhere that the long arm of the American court system can not reach!

[car5469]

One more thing. This was an interesting read, it goes to show you that FTA is on the edge of the fence of being legal but that is all that is needed to keep it legal. Gotta love Sonicview!

[beekermc]

Originally Posted by car5469

Well the first question is to ask: Where is the server for this website. Does somebody know? I hope it is in Kenya or Nigeria, somewhere that the long arm of the American court system can not reach!

The IP you put into the receiver comes back to the Netherlands but it could just be a relay.

[Landscapeman]

Originally Posted by car5469

Well the first question is to ask: Where is the server for this website. Does somebody know? I hope it is in Kenya or Nigeria, somewhere that the long arm of the American court system can not reach!

This site has a US IP.

[beekermc]

Hehe, oops.

I wouldn't worry too much about our site. Just remember everything here is for informational purposes and don't talk too much about what you're up to.

[car5469]

As for the Sonicview server site being in the Netherlands, I would expect it to be a relay. The Netherlands is a western European country so they would respect an American court order once all the legal loop holes were jumped through or they could just go to the Netherlands and use their courts to have it shut down. I would think they would be trying this if they thought this was the actual source. I bet they will anyways but they just know that in about an hour a new server in Nepal or Cuba would take over.

As for this websites server being in the US... doesn't that make anyone a bit nervous.

[beekermc]

Nah, I live in Canada.

[car5469]

Originally Posted by beekermc

Nah, I live in Canada.

Beeker, you may have noticed that BEV and DN seem to cooperate when it comes to court action. So I don't think living in Canada is much of a barrier to these companies. Someone like Ladybird doesn't have to worry but many here might!

[Ladybbird]

Don't worry car, it really would cost them too much in legal fees.

Hey AZA, I love it, as I said before, it was funny that so many Judges referred, referred, referred, this case onto others, or should I say batted. Remember all the Court cases they started last year also? Nothing ever came of those either. I posted them on here and watched and waited for results and.........nada. All wind. I love this part of your post,

"
Dish Network conducted an undercover investigation that confirmed the defendant is developing a device capable of hacking D*sh Network’s latest security system, according to the complaint. "

So there you go all you doubters, the race is still on between Sonicview and Viewsat. Maybe they were waiting for the result of this court case before releasing.

http://www.aaafta.com/forum/fta-rumo...ease-date.html


.


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[macster2181]

Even if location of the server is in NA all they need to due is to move it to the indian reserve near Cornwall (Aqusasnee spelling) where all the gambling web sites are hosted

[beekermc]

Originally Posted by car5469

Beeker, you may have noticed that BEV and DN seem to cooperate when it comes to court action. So I don't think living in Canada is much of a barrier to these companies. Someone like Ladybird doesn't have to worry but many here might!

In Canada this stuff falls under the Copyright laws. Canada's copyright laws are notoriously vague, thus making for all kinds of loopholes and grey areas. I don't view Canadian programming, I'm of the "don't crap where you eat" mentality.

I wouldn't worry too much about this site. If anything happens here they aren't going to weed thru everything that every member has said. If they bring down the site the reward will be putting a stop to the site as a whole not putting every member who has even uttered the letters DN or BEV in jail.

These anti-piracy activities by DN and BEV are usually very calculated strategies to "cut off the head". They don't typically go after the end user. It costs too much and isn't effective at stopping large scale piracy.

[car5469]

Thanks Beeker. I am in the Great White North as well and I also don't view Canadian content. You could say this is due in part to physics. You can't get signal from a satellite through a wall!!

I have heard stories of Canadian authorities knocking on peoples doors to check out their Satellite equipment. Once they found out they were getting DN and not Bev they left and told them they were lucky that they were only picking off foreign satellites otherwise they could have been in trouble. Has anyone heard of such stories?

[justinace77]

I have such a storry i was in trouble last year with the police do to an x girlfreind she proceeded to tell the police i have fta equipment while i was at the police station a sargent questioned me about this and i told him i was just testing it he said ur lucky u said that im also in canada

[beekermc]

I haven't personally heard such stories. I suppose it's plausible, but keep in mind the "crime" in provider testing is the modifying of the unit with 3rd party software. I'm sure intent plays some kind of part here. Here's what the CC of Canada says about satellite theft, It's pretty vague:

service
326. (1) Every one commits theft who fraudulently, maliciously, or without colour of right,
(a) abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or
(b) uses any telecommunication facility or obtains any telecommunication service.
Definition of "telecommunication"
(2) In this section and section 327, "telecommunication" means any transmission, emission or reception of signs, signals, writing, images or sounds or intelligence of any nature by wire, radio, visual or other electromagnetic system.
R.S., c. C-34, s. 287; 1974-75-76, c. 93, s. 23.
Possession of device to obtain telecommunication facility or service
327. (1) Every one who, without lawful excuse, the proof of which lies on him, manufactures, possesses, sells or offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for obtaining the use of any telecommunication facility or service, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to obtain the use of any telecommunication facility or service without payment of a lawful charge therefor, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Forfeiture
(2) Where a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), any instrument or device in relation to which the offence was committed or the possession of which constituted the offence, on such conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.
Limitation
(3) No order for forfeiture shall be made under subsection (2) in respect of telephone, telegraph or other communication facilities or equipment owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of such a person by means of which an offence under subsection (1) has been committed if such person was not a party to the offence.
1974-75-76, c. 93, s. 24.


It doesn't say anything about foreign providers and I think since I cannot purchase a DN sub here, the argument could be made that it has no value, and therefore could not be theft. There is another two sections under the radiocommunications act that forbids this but that isn't a criminal offense.

Notice that this sec. of the CC was made in 74, it's going to need some updating to stay relevant. That's the problem with a lot of Canadian laws.

[justinace77]

GOD bless canada

[car5469]

I thought there were some updates in the law that said getting true FTA was illegal due to the fact it isn't regulated by the CRTC. (God bless the CRTC for telling me what I can and can not watch, see or hear) But they obviously seem reluctant to enforce it due to the fact that you can still get FTA boxes but on the other hand there might be a permitted satellite that the CRTC says is legal. Also, most true FTA is usually religious program, ethnic programs or public television. I don't think any politician wants to stop people from receiving these, it would be a political mine field.

A thought on getting only DN in Canada is around the idea that DN can't bill me in Canada for their services so they don't care if get their signal. How could it be considered piracy if the affected party doesn't care. BEV on the other hand would care.