United States District Court, N.D. California
DISH NETWORK L.L.C., ECHOSTAR TECHNOLOGIES L.L.C., and NAGRASTAR LLC, Plaintiffs,
JULIAN NUNN, Defendant.
DEFAULT JUDGMENT AND PERMANENT INJUNCTION
B. DONATO UNITED STATES DISTRICT JUDGE.
Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C.,
and NagraStar LLC (collectively, “DISH Network”)
sued defendant Julian Nunn for selling and trafficking in
passcodes used for accessing pirate television services
called NFusion Private Server (“NFPS”) and
SatLobo (collectively, the “IKS Services”). The
IKS Services provided control words or keys that decrypt DISH
Network's satellite signal. The control words allow users
to circumvent the DISH Network security system and receive
DISH Network's satellite broadcasts of copyrighted
television programming without authorization and without
paying subscription fees to DISH Network.
Network served Nunn by leaving a copy of the summons and
complaint at his residence with Jane Doe, a co-resident. Dkt.
Nos. 13, 15; see also Fed. R. Civ. P. 4(e)(2)(B).
Network has provided evidence that Nunn is not an infant, not
incompetent, and not on active duty with the military or
otherwise exempted under the Servicemembers' Civil Relief
Act. Dkt. No. 18-2 (Van Riper Decl.) ¶¶ 3-4.
has failed to answer or otherwise appear in this action, and
the Court accepts as true the following allegations from DISH
Network's complaint for the purposes of this default
(a) DISH Network is a multi-channel video provider that
delivers video, audio, and data services to approximately 14
million subscribers throughout the United States via a direct
broadcast satellite system. DISH Network uses high-powered
satellites to broadcast, among other things, movies, sports
and general entertainment services to consumers who have been
authorized to receive such services after payment of a
subscription fee, or in the case of a pay-per-view movie or
event, the purchase price. Dkt. No. 1 ¶¶ 10-11.
(b) DISH Network contracts for and purchases the distribution
rights for most of the programming broadcast on the DISH
Network platform from providers such as network affiliates,
pay and specialty broadcasters, cable networks, motion
picture distributors, sports leagues, and other holders of
programming rights. The works broadcast by DISH Network are
copyrighted. DISH Network has the authority of the copyright
holders to protect these works from unauthorized reception
and viewing. Id. ¶¶ 12-13.
(c) DISH Network programming is digitized, compressed, and
then scrambled prior to being transmitted to multiple
satellites that are located in geo-synchronous orbit above
Earth. The satellites relay the encrypted signal back down to
Earth where the signal can be received by DISH Network
subscribers that have the necessary equipment. Id.
(d) The EchoStar Technologies receiver processes an incoming
DISH Network satellite signal by locating an encrypted part
of the transmission called the entitlement control message
and forwards that message to the NagraStar smart card.
Provided that the subscriber is tuned to a channel that he is
authorized to watch, the smart card uses its decryption keys
to unlock the message, uncovering a control word. The control
word is transmitted back to the receiver in order to decrypt
the DISH Network satellite signal. Id. ¶¶
(e) The IKS Services are Internet key sharing service that
provides end users with the control words that descramble
DISH Network television programming. End users that acquire
control words from the IKS Services are able to view DISH
Network programming without having authority from or paying
the required subscription fee to DISH Network. Id.
(f) Nunn violated the Digital Millennium Copyright Act, 17
U.S.C. § 1201(a)(2), and the Federal Communications Act,
47 U.S.C. § 605(e)(4), as alleged in Counts I and II, by
trafficking in passcodes for the IKS Services, which are
primarily designed for and have no legitimate commercial
purpose or use other than to circumvent the DISH Network
security system and receive DISH Network programming without
authorization. Id. ¶¶ 26-41.
Network requested statutory damages of $10, 000 for each
passcode trafficked in by Nunn, pursuant to 47 U.S.C. §
605(e)(3)(C)(i)(II). Alternatively, DISH Network requested
statutory damages of $2, 500 for each passcode trafficked in
by Nunn, pursuant to 17 U.S.C. § 1203(c)(3)(A). Dkt. No.
18-1 at 5, 8-9.
FINAL JUDGMENT & ...