02-16-2010, 04:32 PM
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$500,000 for D*sh Network in Nguyen/kBox IKS Server Farm Case
$500,000 for D*sh Network in Nguyen/kBox IKS Server Farm Case
Defendant violated federal laws by offering to the public, providing, or otherwise engaging in the traffic of devices, components, and/or technologies that are primarily designed to circumvent and/or defeat Plaintiffs’ Security System and ultimately facilitate the unauthorized reception of Plaintiffs’ encrypted satellite signals and copyrighted D*SH Network Programming.
Such devices, components and/or technologies include D*SH Network receivers and access cards linked to accounts which were opened to support a kBox Internet Key Sharing (“IKS”) server farm and related IKS website.
Defendant acknowledges and admits that each of the foregoing was primarily used to facilitate piracy of satellite television programming.
This Permanent Injunction takes effect immediately.
Should Defendant breach any part of this Final Judgment or Permanent Injunction, he shall be subject to damages in the amount of $110,000 for each such breach or violation, which is the maximum statutory damage permitted per violation under 47 U.S.C. § 605(e)(3)(C)(i)-(ii). For purposes of assessing damages under this section, each “device, product, file, technology or part or component thereof” that is distributed by Defendant or others acting in active participation or concert with Defendant in violation of this Final Judgment and Permanent Injunction shall constitute a separate and discrete violation. In the case of any software, firmware or other file distributed or posted by Defendant or others acting in active participation or concert with Defendant, each time that software, firmware or other file is downloaded by an end-user shall constitute a separate and discrete “violation” for purposes of quantifying damages set forth in this section.
The Court further ORDERS judgment in favor of Plaintiffs D*SH Network L.L.C., E*hoStar Technologies L.L.C. and N*graStar LLC on each of Plaintiffs’ claims under 17 U.S.C. § 1201, 47 U.S.C. § 605, and 18 U.S.C. § 2511, and for breach of contract (Counts 1-5 in Plaintiffs’ Complaint) in the aggregate amount of Five Hundred Thousand Dollars ($500,000.00) as to Defendant.
Filed 02/11/2010 & Entered 02/12/2010
(Refer to the attachments)
Plaintiffs: D*sh Network L.L.C., E*hostar Technologies L.L.C. and N*grastar LLC
Defendants: Thuan Ngoc Nguyen and DOES 1-10
Case Number: 1:2009cv03503
Filed: December 14, 2009
Court: Georgia Northern District Court
Office: Atlanta Office
County: XX US, Outside State
Presiding Judge: Cooper
Nature of Suit: Other Statutes - Cable/Satellite TV
Cause: 47:551 Cable Communications Act
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff Case History
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