Abad$$.**m Served Papers From Echostar
c/p from aza

DISH NETWORK V. ABADSS.COM/I.E. ENTERTAINMENT, INC.
(LARRY HYMAN, IAN JONES, and ERIC JOHNSON)

Defendants are satellite pirates who distribute pirate tools and software that enable consumers to illegally intercept and decrypt DISH Network’s pay-television programming without authorization and without payment of a subscription fee to DISH Network.

Defendants perform their illegal acts individually and d/b/a ABADSS.COM.

Defendants’ conduct violates a variety of federal statutes, including the Digital Millennium Copyright Act and the Communications Act.



Defendant I.E. Entertainment, Inc. is a Florida corporation with its principal place of business located at 106 S. Tampania Ave., Tampa, Florida 33609. The registered agent for I.E. Entertainment, Inc. is Larry Hyman, 106 S. Tampania Ave., Tampa, Florida 33609. I.E. Entertainment, Inc. registered, owns, and operates the website www . abadss.com.

Defendant Larry Hyman is an individual believed to be residing in Tampa, Florida, Hillsborough County. Larry Hyman is the current President and Vice President of I.E. Entertainment, Inc. Larry Hyman operates or is responsible for the operation of the website www . abadss.com.

Defendant Ian Jones is an individual believed to be residing in Sanford, Florida, Seminole County. Ian Jones is the former President and Vice President of I.E. Entertainment, Inc. Ian Jones registered and has operated or has been responsible for the operation of the website www . abadss.com.

Defendant Eric Johnson is an individual believed to be residing in Orlando, Florida, Orange County. Eric Johnson is the former Vice President and Registered Agent of I.E. Entertainment, Inc. Eric Johnson has operated or has been responsible for the operation of the website www . abadss.com.


Pirates developed a way to circumvent DISH Network’s security system and intercept DISH Network programming using unauthorized receivers. This form of piracy is accomplished by loading software that contains the proprietary data and keys to DISH Network’s security system onto circuit chips within the unauthorized receiver, so as to mimic a legitimate NagraStar smart card. The process of loading piracy software is referred to as “flashing” the unauthorized receiver and can be completed by even a layperson in minutes. Piracy software is freely available on a number of websites including www . abadss.com.



DEFENDANTS’ WRONGFUL CONDUCT
Defendants own and operate, or are responsible for operating, the website www . abadss.com. Defendants boast that they acquired www . abadss.com in 2005 and that it is one of the fastest growing sites in the satellite piracy industry with over 33,000 members and a 62,000 Alexa Ranking.

Defendants are involved in and are responsible for trafficking and distributing numerous versions of pirate tools and software through their website www . abadss.com.

Defendants admit that www . abadss.com provides help to members that use satellite receivers to get free satellite television, and that members can post questions in the forum and download tools and software.

Defendants’ pirate tools and software are primarily designed to allow end-users to circumvent the technological measures that DISH Network utilizes to protect access to copyrighted works distributed by DISH Network.

This circumvention occurs without authorization or permission from DISH Network.

Defendants’ pirate tools and software enable end-users to circumvent DISH Network’s security system and receive DISH Network programming without authorization. Defendants’ pirate tools and software do not have any legitimate purpose or use. The only use for Defendants’ pirate tools and software is to circumvent DISH Network’s security system.

Defendants’ pirate tools and software are marketed by Defendants, and others known to be acting in concert, for use in circumventing DISH Network’s security system and receiving DISH Network programming without authorization.

Defendants’ distribution of pirate tools and software has resulted in Defendants’ commercial advantage or private financial gain in the form of advertising revenue related to www . abadss.com and Defendants’ sale of subscriptions or memberships to www . abadss.com.

Defendants’ acknowledge that www . abadss.com generates revenue through subscriptions and by selling advertising space.



Quote:

02/15/2011 1 COMPLAINT against Larry Hyman, I.E. Entertainment, Inc., Eric Johnson, Ian Jones (Filing fee $ 350 receipt number T3514) filed by DISH Network L.L.C., NagraStar LLC, EchoStar Technologies L.L.C. (Attachments: # 1 Civil Cover Sheet)(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 3 MEMORANDUM in support re 2 Motion for temporary restraining order filed by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 4 DECLARATION of Daniel McMullen re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (Attachments: # 1 Exhibit)(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 5 DECLARATION of Steven L. Rogers re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (Attachments: # 1 Exhibit)(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 6 DECLARATION of Stephen Ferguson with exhibits 1-5 re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 7 DECLARATION of Jerry Lee Gee re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 8 CERTIFICATE of interested persons and corporate disclosure statement by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC identifying Corporate Parent Kudelski SA, Other Affiliate EchoStar Corporation for NagraStar LLC; Other Affiliate DISH DBS, Other Affiliate DISH Network Corporation for DISH Network L.L.C.; Other Affiliate EchoStar Corporation for EchoStar Technologies L.L.C.(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 9 Summons issued as to Larry Hyman; I.E. Entertainment, Inc., c/o Larry Hyman, Registered Agent; Eric Johnson, Ian Jones. (MRH) (Entered: 02/15/2011)

02/15/2011 10 ORDER: Plaintiffs' Motion for Temporary Restraining Order 2 is DENIED. This case is set for a hearing on Plaintiffs' request for a preliminary injunction before Magistrate Judge Elizabeth A. Jenkins on WEDNESDAY, MARCH 2, 2011, at 9:00 a.m. Service of all filings shall be effectuated upon Defendants by Monday, February 21, 2011. Signed by Judge James S. Moody, Jr on 2/15/2011. (LN) (Entered: 02/15/2011)

02/15/2011 Set/reset hearings: Evidentiary Hearing set for 3/2/2011 at 09:00 AM in Tampa Courtroom 11 A before Magistrate Judge Elizabeth A. Jenkins. (MRH) (Entered: 02/15/2011)

02/15/2011 11 NOTICE of designation under Local Rule 3.05 - track 2 issued by Deputy Clerk on 2/15/2011. (SMB) (Entered: 02/15/2011)

02/17/2011 12 ORDER setting forth procedures for preliminary injunction hearing. Plaintiffs shall serve the order on Defendants by February 21, 2011. Signed by Magistrate Judge Elizabeth A. Jenkins on 2/17/2011. (RM) (Entered: 02/17/2011)
DISH Network L.L.C. et al v. I.E. Entertainment, Inc. et al
Assigned to: Judge James S. Moody, Jr
Referred to: Magistrate Judge Elizabeth A. Jenkins
Cause: 47:0605 Federal Communications Act
Date Filed: 02/15/2011
Jury Demand: None
Nature of Suit: 490 Cable/Satellite TV
Jurisdiction: Federal Question

ABADSS
Documents 2, 10 and 12


PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER

I. INTRODUCTION
Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C. and NagraStar LLC (collectively “DISH Network”) move this court for a temporary restraining order and writ of seizure and impoundment pursuant to Fed. R. Civ. P. 65, the Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 1203, which provides the Court broad power to, “at any time while an action is pending,” order “the impounding, on such terms as it deems reasonable, of any device or product . . . that the court has reasonable cause to believe was involved in a violation” of the statute, See also 17 U.S.C. §§ 1203(b)(1)-(2) (authorizing “temporary or permanent injunctions . . . to prevent or restrain a violation” of the statute), and the Federal Communications Act, 47 U.S.C. § 605(e)(3)(B)(i).


II. ARGUMENT
DISH Network has discovered the identity of certain individuals and a corporate entity who are distributing software tools and files designed to intercept and decrypt, without authorization, DISH Network’s encrypted satellite signals used to transmit satellite television programming. Defendants I.E. Entertainment, Inc., Larry Hyman, Ian Jones, and Eric Johnson, all individually and d/b/a abadss.com (collectively “Defendants”) accomplish this through public distribution on their piracy website www . abadss.com.

Defendants’ piracy operation is both large and sophisticated. Defendants distribute numerous pirate software files designed for use with electronic devices that permit those devices to descramble DISH Network’s encrypted television programming. Simply put, Defendants distribute products and software that enable the theft of pay television programming. They do so brazenly and openly.

This type of impoundment proceeding is expressly authorized by the Digital Millennium Copyright Act, 17 U.S.C. § 1203, which provides the Court broad power to, “at any time while an action is pending,” order “the impounding, on such terms as it deems reasonable, of any device or product . . . that the court has reasonable cause to believe was involved in a violation” of the statute. The Court is also expressly authorized by the DMCA to enter “temporary or permanent injunctions . . . to prevent or restrain a violation” of the statute. 17 U.S.C. §§ 1203(b)(1)-(2).

This Motion is supported by Plaintiffs’ Memorandum of Law in Support of Plaintiffs’ Motion For Temporary Restraining Order, the declarations submitted therewith, the complete file of this action, and such other evidence as the court may consider. The specific relief being requested is set out in DISH Network’s proposed Order Granting Plaintiffs’ Motion for Temporary Restraining Order submitted herewith.


III. CONCLUSION
For these reasons, DISH Network respectfully requests that this court grant Plaintiffs’ Motion for Temporary Restraining Order.

DATED: February 15, 2011



ORDERTHIS CAUSE comes before the Court upon Plaintiffs’ Motion for Temporary Restraining Order (Dkt. #2) and the filings in support of same. One of the requirements to receive a temporary restraining order without notice is to state any efforts made to provide notice of the temporary restraining order and the reasons why notice should not be given.

See Fed. R. Civ. P. 65(b). Here, Plaintiffs’ filings do not describe any efforts they made to provide Defendants with notice or why Defendants should not receive notice of Plaintiffs’ Motion for Temporary Restraining Order.

Accordingly, it is ORDERED AND ADJUDGED that:
1. Plaintiffs’ Motion for Temporary Restraining Order (Dkt. #2) is DENIED.
2. This case is set for a hearing on Plaintiffs’ request for a preliminary injunction before Magistrate Judge Elizabeth A. Jenkins on WEDNESDAY, MARCH 2, 2011, at 9:00




ORDERThis cause comes on for consideration of Plaintiff’s request for a preliminary injunction (Dkt. 3), brought pursuant to Rule 65, Fed. R. Civ. P, and Local Rule 4.06, M.D. Fla.1 A hearing has been set before the undersigned for Wednesday, March 2, 2011 at 9:00 a.m. The District Judge has directed Plaintiffs to serve all filings on Defendants by February 21, 2011.
It is, upon consideration, ORDERED that:

(1) pursuant to Local Rule 4.06(b)(2), Plaintiffs may rely on papers and affidavits served with the motion;
(2) pursuant to Local Rule 4.06(b)(3), Defendants may rely on papers and affidavits filed with the Clerk’s Office and delivered to Plaintiffs by February 25, 2011;
(3) each side (not each party) may supplement its papers and affidavits with one hour of direct examination of witness testimony at the hearing
(4) the parties shall confer with each other regarding exhibits and witnesses which may be presented at the hearing;
(5) the parties shall file a joint pre-evidentiary statement, no later than March 1, 2011 at 12:00 p.m., which includes:
(a) disclosure of and any objections to proposed exhibits or witnesses, including the grounds for those objections; and
(b) all facts and issues which are agreed upon by the parties, as well as a statement of disputed issues and facts which must be resolved by the court;
(6) all exhibits shall be pre-marked for identification prior to the hearing;
(7) Local Rule 4.06(b), M.D. Fla., applies except where in conflict with the foregoing provisions; and
(8) Plaintiffs shall serve a copy of this order on Defendants no later than February 21, 2011 and file a notice with the court verifying service.

DONE AND ORDERED in Tampa, Florida this 17th day of February, 2011.

ABADSS
Documents 4, 5 and 6

DECLARATION OF STEVEN L. ROGERS
(Doc 5-main)
I, Steven L. Rogers, hereby declare as follows:

1. My name is Steve Rogers, and I am the President of Digital Evidence International Inc. (“DEI”) and have been involved in internet investigations and computer forensics examinations since 1995. Prior to my work at DEI, I was the National Director, Computer Forensics and E-Discovery with a forensic accounting firm in Toronto. I was also a member of the Royal Canadian Mounted Police (“RCMP”) for 24 years serving my last 6 years in charge of the tech crime section for Ontario. I have examined or been involved in the collection and examination of internet-related information and thousands of pieces of electromagnetic storage media. I am an expert in computer forensics.

2. DEI has been conducting Internet investigations, monitoring certain Forums and websites and preparing reports of its services since 2005 with the majority of its Internet Investigation work being focused on Copyright violations. Through the development of its own proprietary methodologies of archiving Internet content DEI has been able to secure and maintain the continuity of publicly available evidence.

3. DEI provides,among other services, Internet investigations of Copyright and related violations ("Piracy Activity") that include archiving various forms of Internet content, for example websites, posts, and software tiles on Forums ("Internet Content").

4. At the request of Plaintifl's, DEI began archiving lnternet Content of Piracy Activity. The Internet Content was downloaded and archived in a proprietary data base accessible only to DEI employees and clients of DEl. At no time are DEI clients permitted direct access to the database that would enable modification of archived database content. One of the websites in which DEI archived Internet Content is www . abadss.com.

5. Attached as Exhibit I is a true and correct copy of some of the lnternet Content consisting of software files that DEI downloaded and archived fiom the website www . abadss.com.

I declare this 14th day of February 201 I under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.



There is a document entitled "File Analysis of abadss.com" (Doc 4-1), I decided not to post it (removed) because it was marked "Confidential."


Attachments:

- Declaration of Daniel McMullen (Doc 4-main)

- Declaration of Steven L. Rogers (Doc 5-main)

- ABADSS Posts (Doc 5-1)

- Declaration of Stephen Ferguson (Doc 6)

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Abad$$.**m Served Papers From Echostar
c/p from jammer
Quote:
Echo filled a lawsuit against the individuals behind the Abadss.com site. I have attached the complaint plus a Gee declaration. I am including the docket entries because I noticed their motion for a temporary restraining order was denied but there is nothing I can find that explains why it was denied.

Date Filed # Docket Text
02/15/2011 1 COMPLAINT against Larry Hyman, I.E. Entertainment, Inc., Eric Johnson, Ian Jones (Filing fee $ 350 receipt number T3514) filed by DISH Network L.L.C., NagraStar LLC, EchoStar Technologies L.L.C. (Attachments: # 1 Civil Cover Sheet)(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 3 MEMORANDUM in support re 2 Motion for temporary restraining order filed by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 4 DECLARATION of Daniel McMullen re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (Attachments: # 1 Exhibit)(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 5 DECLARATION of Steven L. Rogers re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (Attachments: # 1 Exhibit)(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 6 DECLARATION of Stephen Ferguson with exhibits 1-5 re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 7 DECLARATION of Jerry Lee Gee re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 8 CERTIFICATE of interested persons and corporate disclosure statement by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC identifying Corporate Parent Kudelski SA, Other Affiliate EchoStar Corporation for NagraStar LLC; Other Affiliate DISH DBS, Other Affiliate DISH Network Corporation for DISH Network L.L.C.; Other Affiliate EchoStar Corporation for EchoStar Technologies L.L.C.(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 9 Summons issued as to Larry Hyman; I.E. Entertainment, Inc., c/o Larry Hyman, Registered Agent; Eric Johnson, Ian Jones. (MRH) (Entered: 02/15/2011)

02/15/2011 10 ORDER: Plaintiffs' Motion for Temporary Restraining Order 2 is DENIED. This case is set for a hearing on Plaintiffs' request for a preliminary injunction before Magistrate Judge Elizabeth A. Jenkins on WEDNESDAY, MARCH 2, 2011, at 9:00 a.m. Service of all filings shall be effectuated upon Defendants by Monday, February 21, 2011. Signed by Judge James S. Moody, Jr on 2/15/2011. (LN) (Entered: 02/15/2011)

02/15/2011 Set/reset hearings: Evidentiary Hearing set for 3/2/2011 at 09:00 AM in Tampa Courtroom 11 A before Magistrate Judge Elizabeth A. Jenkins. (MRH) (Entered: 02/15/2011)

02/15/2011 11 NOTICE of designation under Local Rule 3.05 - track 2 issued by Deputy Clerk on 2/15/2011. (SMB) (Entered: 02/15/2011)

02/17/2011 12 ORDER setting forth procedures for preliminary injunction hearing. Plaintiffs shall serve the order on Defendants by February 21, 2011. Signed by Magistrate Judge Elizabeth A. Jenkins on 2/17/2011. (RM) (Entered: 02/17/2011)

Attached Files

	Echo V ABADSS Gee Declaration.pdf (674.1 KB, 1 views)
	Echo V ABADSS.Com Complaint.pdf (48.0 KB, 0 views)

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I've seen this the other day, so many fta sites went down recently.Charlie is really on a mission luckily for us we are located on a offshore server which makes our members and staff safe.

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Please don't PM me with fta related questions, ask them in open forums so others can benefit from them too.

That is Great News to hear that we are Safe!
even tho I new this,,, but it's good for our other members to hear and see that this site is Safe!

Over at Abadss,,, there whole problem was that they are located in the good old U.S.A. that is why they are being so closely watched...

I wouldnt go back over to that site even with a ten foot pole....
sooo stay far away, don't even go there just to snoop....JMO

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