Interception

August 8, 2016

Indiana Cable/Satellite Litigation: Dish Network Accuses Indiana Pair of Pirating Satellite Signal

Northern District of Indiana – Plaintiffs DISH Network LLC, EchoStar Technologies L.L.C. and NagraStar LLC, all of Englewood, Colorado, sued in the Northern District of Indiana contending that Defendants Paulette Kincaide and Linnis Kincaide of Gary, Indiana wrongfully intercepted satellite signals.

Defendants are accused of circumventing DISH Network’s security system and receiving copyrighted satellite programming without having paid the required subscription fee. Plaintiffs contend that this was accomplished by purchasing decryption keys from NFusion Private Server, a pirate television service.

In this Indiana lawsuit, filed by intellectual property lawyers for Plaintiffs, the following causes of action are alleged:

• Count I: Circumventing An Access Control Measure In Violation Of The Digital Millennium Copyright Act, 17 U.S.C. § 1201(a)(l)
• Count II: Receiving Satellite Signals Without Authorization in Violation of the Federal Communications Act, 47 U.S.C. § 605(a)

• Count III: Intercepting Satellite Signals in Violation of the Electronic Communications Privacy Act, 18 U.S.C. §§ 2511(1)(a) and 2520

Plaintiffs claim that Defendants’ actions have caused “actual and imminent irreparable harm for which there is no adequate remedy at law.” They further contend that violations were willful and for the purpose of commercial advantage or private financial gain.

Plaintiffs ask the federal court for an award of damages, including enhanced damages, as well as injunctive relief and reimbursement of costs, investigative expenses and attorneys’ fees.

April 19, 2016

Indiana Cable & Satellite TV Litigation: DISH Accuses Indianapolis Man of Interception

By Overhauser Law Offices, LLC

Indianapolis, Indiana – In conjunction with Texas co-counsel, an Indiana attorney for Plaintiffs DISH Network L.L.C., Echostar Technologies L.L.C. and Nagrastar LLC, all of Englewood, Colorado, filed an intellectual property lawsuit in the Southern District of Indiana alleging violations of the Digital Millennium Copyright Act, the Federal Communications Act and the Electronic Communications Privacy Act.

Plaintiffs contend that Defendant John Ladd Sr. of Indianapolis, Indiana circumvented DISH Network’s security system by illegally obtaining its control words, also known as “keys,” and using those keys to decrypt and view DISH Network’s copyrighted programming.

In the complaint, filed Friday in Indiana district court, the following claims are made:

• Count I: Circumventing An Access Control Measure In Violation Of The Digital Millennium Copyright Act, 17 U.S.C. § 1201(a)(1)
• Count II: Receiving Satellite Signals Without Authorization in Violation of the Federal Communications Act, 47 U.S.C. § 605(a)

• Count III: Intercepting Satellite Signals in Violation of the Electronic Communications Privacy Act, 18 U.S.C. §§ 2511(1)(a) and 2520

Plaintiffs seek various forms of redress including: injunctive relief, statutory and punitive damages, costs, investigative expenses and attorneys’ fees.

Overhauser Law Offices, the publisher of this website, has represented several hundred persons and businesses accused of infringing satellite signals.

February 26, 2016

Indiana Cable/Satellite TV Litigation: DIRECTV Sues Pollo Feliz for Unlawful Interception

By Overhauser Law Offices, LLC

Hammond, Indiana – An intellectual property attorney for Plaintiff DirecTV, LLC of California filed a signal-interception lawsuit in the Northern District of Indiana. It is alleged that Defendants Jorge Aguilera and Patricia Huerta of Delphi, Indiana and Rose Aguilera of Lafayette, Indiana acted unlawfully individually and on behalf of Defendant Pollo Feliz, Inc., which is located in Lafayette, Indiana.

Plaintiff DIRECTV offers encrypted satellite programming on a subscription basis. Customers who pay the appropriate fee are provided with special equipment to unscramble the broadcasts so that they may be viewed.

Fees charged to residential customers are lower than those charged to commercial establishments. DIRECTV states that customers “can surreptitiously gain access to DIRECTV programming without proper authorization by subscribing to DIRECTV services under a residential account and then installing/moving the equipment to their businesses and utilizing those services in a commercial environment.”

Defendant Pollo Feliz, Inc. operates a Mexican restaurant. The individual Defendants allegedly serve as officers, directors, shareholders and/or principals of Pollo Feliz. Defendants are accused of broadcasting DIRECTV content at a commercial establishment, Pollo Feliz, without the proper commercial license. Plaintiff contends that this conduct violates 18 U.S.C. §§2511 and 2512, 47 U.S.C. §605 and Indiana law.

In its complaint, filed with an Indiana federal court by an intellectual property lawyer for Plaintiff, the following counts are alleged:

• Count 1 – Damages for Violations of Cable Communications Policy Act [47 U.S.C. §605(e)(3(C)]
• Count 2 – Damages for Violations of 18 U.S.C. §2511
• Count 3 – Civil Conversion

DirecTV seeks equitable relief along with damages, including punitive damages, costs and attorney’s fees.