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
