EchoStar is asking the U.S. Dist. Court, Denver, for a jury trial...
EchoStar is asking the U.S. Dist. Court, Denver, for a jury trial and damages in 2 separate piracy lawsuits the company filed last week. One suit alleges Mediacom Communications Corp. was providing local ABC, NBC, CBS and FOX programming…
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in Ga. using a residential subscription to EchoStar’s Dish Network. EchoStar said an investigator from its Signal Integrity division created a test pattern that would be transmitted to EchoStar’s subscribers in the Bainbridge, Ga. area during commercial breaks of network programming: “While the DISH Network signal was interrupted with a pre-selected test pattern, Investigator [Gary] Palka was able to videotape the patterns appearing on the [TV] sets of 2 individuals and separate Mediacom subscribers who did not have Dish Network satellite receivers.” EchoStar said it doesn’t have an agreement with Mediacom, nor had it authorized Mediacom to rebroadcast the Atlanta affiliate channels to customers. EchoStar seeks relief on 4 counts, including violation of the Digital Millennium Copyright Act “because [Mediacom has] circumvented EchoStar’s technological measures that effectively control access to the Dish Network satellite [TV] subscription programming services and the copyrighted works that it broadcasts.” EchoStar asked the court for a permanent injunction from wrongful retransmission of the programming and from representing “to current and potential subscribers that Mediacom is able to offer local channels to the Bainbridge, [Ga.] viewing area.” Additionally, EchoStar asked for unspecified damages, punitive damages and fees. Separately, EchoStar filed a suit against a Canadian man, Booker Cornea, for selling devices on eBay which would aid users in stealing EchoStar’s signal. In the district court filing, EchoStar said it reported to eBay 3 separate occasions when Cornea had posted items described as either 301 Dish Network receivers or Bell ExpressVu 3100 receivers. EchoStar said that items described as Bell ExpressVu receivers appeared in pictures to have Dish Network logos. While the descriptions of the items on eBay didn’t mention piracy or signal theft explicitly, EchoStar said they did mention the inclusion of “box keys” -- a number unique to each receiver which is used to pair a receiver to a specific access card -- and the removal of JTAG ports -- a device located at the bottom of the receiver which EchoStar uses to load test software but which is used by pirates to reprogram the box to receive encrypted signals for free. EchoStar alleges Cornea posted 5 separate items for sale on eBay. After eBay removed the items as requested by EchoStar, Cornea filed a counter notice with eBay, and said 3 of the items didn’t “involve infringing materials or uses.” EchoStar asked for relief including a permanent injunction against Cornea and his employees and unspecified awards of costs and damages.