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Old 12-15-2009, 01:02 AM
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iks lawsuit

c&p



IKS lawsuit starts // 2009-12-14
This explains why Nfusion and few others are not saying anything.

"UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS



PLAINTIFFS’ ORIGINAL COMPLAINT
Plaintiffs DISH Network L.L.C., ******** Technologies L.L.C., and NagraStar LLC, by and through their undersigned counsel, allege as follows:
INTRODUCTION
1. Plaintiffs bring this action against Defendants Nathan Green and Does 1-10 (“Defendants”) for unlawfully using DISH Network satellite receivers and access cards to obtain decryption keys or control words for unscrambling encrypted DISH Network satellite television programming, and for distributing those keys or control words over the internet in order to allow others to view DISH Network satellite television programming without authorization from or payment to Plaintiffs.
2. Defendants’ actions violate the Communications Act, 47 U.S.C. § 605, the Digital Millennium Copyright Act, 17 U.S.C. § 1201, the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-21, and state law.
3. Plaintiffs bring this action to restrain these illegal activities and for other relief described in this Complaint."

Detail here

"1 Plaintiffs’ allegations related to Defendants’ wrongful conduct are based upon the investigation Plaintiffs have completed to date, upon information and belief, and with the reasonable belief that further investigation and discovery in this action will lead to additional factual support.
19. Beginning at a time unknown and continuing to the present, Defendants have engaged in illegal and improper acts for the purposes of obtaining DISH Network satellite television programming and the encrypted control words that protect access to the copyrighted satellite television programming and distributing those control words over the internet.
20. Upon information and belief, Defendants or others working in conjunction with Defendants operate an IKS server.
21. This IKS server has multiple DISH Network satellite receivers and/or access cards attached to it that are used to decrypt DISH Network satellite television programming and obtain the control words for decrypting that programming. The server gathers these now-unencrypted control words and sends them over the internet to end-users who use the control words to decrypt DISH Network satellite television programming without paying a subscription fee.
22. There are numerous black and gray market satellite receivers imported from Korea that are designed and programmed to use these stolen and decrypted control words to intercept and decrypt DISH Network satellite television programming by interacting with an IKS server.
23. On or about April 2, 2009, Defendant Nathan Green created a residential account for DISH Network satellite television service, using a purported residential service address at 8208 S Charles St., Savanna, Illinois 61074. Defendant Nathan Green activated four DISH Network satellite receivers and access cards associated with this account. Plaintiffs’ investigation confirmed that at least three of the satellite receivers and access cards activated by Defendant Nathan Green are being used to supply Plaintiffs’ control words to others in violation of federal and state law and the customer agreement.
24. Upon information and belief, Defendant Nathan Green created this residential account for the purpose of obtaining DISH Network television programming and control words and distributing those control words over an IKS server operated by Defendants and/or those acting in conjunction with Defendants.
25. At the time Defendant Nathan Green created this residential account, Defendant misrepresented to DISH Network that the intended purpose and use of DISH Network programming was private viewing. That is, Defendant Nathan Green contracted for residential television service when in truth and fact Defendant knew and intended to use DISH Network programming and access cards to supply the control words for television content to others over the internet and without Plaintiffs’ authorization or consent and in violation of federal and state law, including DISH Network’s rights under the customer agreement.
26. At the time Defendant Nathan Green created the residential account, Defendant misrepresented to DISH Network the intended location where DISH Network programming would be viewed. That is, Defendant Nathan Green supplied a purported residential service address when in truth and fact Defendant knew and intended that DISH Network programming would be viewed at multiple other locations that obtained the control words from the IKS server.
27. Defendants’ wrongful conduct has caused and continues to cause significant and irreparable harm to Plaintiffs by depriving Plaintiffs of subscriber and pay-per-view revenues and other valuable consideration, compromising Plaintiffs’ security and accounting systems, and interfering with Plaintiffs’ prospective business relations.
28. Plaintiffs repeat and reallege the allegations in all preceding paragraphs as if fully set forth herein.
29. By distributing, retransmitting and re-broadcasting Plaintiffs’ control words over the internet to others for their use in receiving and decrypting Plaintiffs’ encrypted satellite signals, Defendants have received and assisted others in receiving Plaintiffs’ encrypted satellite transmissions of television programming and control words without authorization by Plaintiffs, in violation of 47 U.S.C. § 605(a).
30. Defendants’ violations have injured Plaintiffs, including, by way of example, depriving Plaintiffs of subscription revenues and other valuable consideration, compromising Plaintiffs’ security and accounting systems, and interfering with Plaintiffs’ prospective business relations.
31. Defendants have violated 47 U.S.C. § 605(a) willfully and for purposes of direct or indirect commercial advantage or private financial gain.
32. Defendants knew or should have known that receiving or assisting other persons in receiving Plaintiffs’ encrypted satellite transmissions of television programming and control words without authorization by or proper payment to Plaintiffs was and is illegal and prohibited. Such violations have caused and will continue to cause Plaintiffs irreparable harm, and Plaintiffs have no adequate remedy at law to redress any such continued violations. Unless restrained by this Court, Defendants will continue to violate"

It goes on and on for 16 pages.

Thank you my friend for sending it to me.... you know who you are

If my post helped you hit the
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Old 12-15-2009, 04:43 AM
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without having the other 16 pages to read,i have to assume that this nathan guy had some type of server set up and was selling dn to his neighbors and may have been busted because of an angry customer,no matter what he was doing,looks like he is in some serious trouble.my real concern here, is that this guy may be small enough that dn will be going after the end users that dealt with him.if they go after him and the people he supplied programming to and win their case against the end users......very bad news for iks

I do not support or condone any signal piracy of any kind. Please ensure that you check your local federal laws in regards to satellite reception and its intended uses.


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  post #3 (permalink)  
Old 12-15-2009, 06:59 AM
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this is good , but everyone is overseas

Quote:
Originally Posted by richard View Post
c&p



IKS lawsuit starts // 2009-12-14
This explains why Nfusion and few others are not saying anything.

"UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS



PLAINTIFFS’ ORIGINAL COMPLAINT
Plaintiffs DISH Network L.L.C., ******** Technologies L.L.C., and NagraStar LLC, by and through their undersigned counsel, allege as follows:
INTRODUCTION
1. Plaintiffs bring this action against Defendants Nathan Green and Does 1-10 (“Defendants”) for unlawfully using DISH Network satellite receivers and access cards to obtain decryption keys or control words for unscrambling encrypted DISH Network satellite television programming, and for distributing those keys or control words over the internet in order to allow others to view DISH Network satellite television programming without authorization from or payment to Plaintiffs.
2. Defendants’ actions violate the Communications Act, 47 U.S.C. § 605, the Digital Millennium Copyright Act, 17 U.S.C. § 1201, the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-21, and state law.
3. Plaintiffs bring this action to restrain these illegal activities and for other relief described in this Complaint."

Detail here

"1 Plaintiffs’ allegations related to Defendants’ wrongful conduct are based upon the investigation Plaintiffs have completed to date, upon information and belief, and with the reasonable belief that further investigation and discovery in this action will lead to additional factual support.
19. Beginning at a time unknown and continuing to the present, Defendants have engaged in illegal and improper acts for the purposes of obtaining DISH Network satellite television programming and the encrypted control words that protect access to the copyrighted satellite television programming and distributing those control words over the internet.
20. Upon information and belief, Defendants or others working in conjunction with Defendants operate an IKS server.
21. This IKS server has multiple DISH Network satellite receivers and/or access cards attached to it that are used to decrypt DISH Network satellite television programming and obtain the control words for decrypting that programming. The server gathers these now-unencrypted control words and sends them over the internet to end-users who use the control words to decrypt DISH Network satellite television programming without paying a subscription fee.
22. There are numerous black and gray market satellite receivers imported from Korea that are designed and programmed to use these stolen and decrypted control words to intercept and decrypt DISH Network satellite television programming by interacting with an IKS server.
23. On or about April 2, 2009, Defendant Nathan Green created a residential account for DISH Network satellite television service, using a purported residential service address at 8208 S Charles St., Savanna, Illinois 61074. Defendant Nathan Green activated four DISH Network satellite receivers and access cards associated with this account. Plaintiffs’ investigation confirmed that at least three of the satellite receivers and access cards activated by Defendant Nathan Green are being used to supply Plaintiffs’ control words to others in violation of federal and state law and the customer agreement.
24. Upon information and belief, Defendant Nathan Green created this residential account for the purpose of obtaining DISH Network television programming and control words and distributing those control words over an IKS server operated by Defendants and/or those acting in conjunction with Defendants.
25. At the time Defendant Nathan Green created this residential account, Defendant misrepresented to DISH Network that the intended purpose and use of DISH Network programming was private viewing. That is, Defendant Nathan Green contracted for residential television service when in truth and fact Defendant knew and intended to use DISH Network programming and access cards to supply the control words for television content to others over the internet and without Plaintiffs’ authorization or consent and in violation of federal and state law, including DISH Network’s rights under the customer agreement.
26. At the time Defendant Nathan Green created the residential account, Defendant misrepresented to DISH Network the intended location where DISH Network programming would be viewed. That is, Defendant Nathan Green supplied a purported residential service address when in truth and fact Defendant knew and intended that DISH Network programming would be viewed at multiple other locations that obtained the control words from the IKS server.
27. Defendants’ wrongful conduct has caused and continues to cause significant and irreparable harm to Plaintiffs by depriving Plaintiffs of subscriber and pay-per-view revenues and other valuable consideration, compromising Plaintiffs’ security and accounting systems, and interfering with Plaintiffs’ prospective business relations.
28. Plaintiffs repeat and reallege the allegations in all preceding paragraphs as if fully set forth herein.
29. By distributing, retransmitting and re-broadcasting Plaintiffs’ control words over the internet to others for their use in receiving and decrypting Plaintiffs’ encrypted satellite signals, Defendants have received and assisted others in receiving Plaintiffs’ encrypted satellite transmissions of television programming and control words without authorization by Plaintiffs, in violation of 47 U.S.C. § 605(a).
30. Defendants’ violations have injured Plaintiffs, including, by way of example, depriving Plaintiffs of subscription revenues and other valuable consideration, compromising Plaintiffs’ security and accounting systems, and interfering with Plaintiffs’ prospective business relations.
31. Defendants have violated 47 U.S.C. § 605(a) willfully and for purposes of direct or indirect commercial advantage or private financial gain.
32. Defendants knew or should have known that receiving or assisting other persons in receiving Plaintiffs’ encrypted satellite transmissions of television programming and control words without authorization by or proper payment to Plaintiffs was and is illegal and prohibited. Such violations have caused and will continue to cause Plaintiffs irreparable harm, and Plaintiffs have no adequate remedy at law to redress any such continued violations. Unless restrained by this Court, Defendants will continue to violate"

It goes on and on for 16 pages.

Thank you my friend for sending it to me.... you know who you are
people, don't let this discourge you, the u.s and dn or bv really can't touch the iks
for what i heard every thing associated with the iks is overseasm , the people, the servers, the coders , and if they are arrested i'm certain it wouldn't shut things down for there will be more hackers to take there place.,
Now dn can send a ecm to disrupt the iks system but there is a quick turn arround , except for iksslinger/nfusion , i
we all went thru this in the past w/ n2, sometimes everyday dn would send a ecm fart to screw with the fta community , but within hours we were back up.

bottom line,
they can do law suits all day long , its not going to stop iks, in fact there is more fta mgr's getting on the iks bandwagon .and how you stop something that originates in asia , hell its been how many years the u.s hasn't caught BIN OBAMA B LADEN yet and never will.
JACK
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  post #4 (permalink)  
Old 12-15-2009, 07:20 AM
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Iks

This is the very reason i have never done anything iks it is just too risky. The end users will be found, and brought to court. To think otherwise is just delusional.
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Old 12-15-2009, 08:23 AM
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not tryin to hijack your post but here is the othier half.
COUNT 2

INTERCEPTING AND PROCURING OTHERS TO INTERCEPT

SATELLITE SIGNALS IN VIOLATION OF 18 U.S.C. § 2511(1)(a)

33. Plaintiffs repeat and reallege the allegations in all preceding paragraphs as if set
forth fully herein.
34. By distributing, retransmitting and re-broadcasting Plaintiffs’ control words over
the internet to others for their use in receiving and decrypting Plaintiffs’ encrypted satellite
signals, Defendants have intercepted, endeavored to intercept and/or procured others to intercept
or endeavor to intercept Plaintiffs’ encrypted satellite transmissions of television programming
and control words, without authorization by Plaintiffs, in violation of 18 U.S.C. § 2511(1)(a).

35. Plaintiffs are persons whose wire, oral or electronic communications have been
intercepted, disclosed and/or intentionally used by Defendants in violation of 18 U.S.C. §
2511(1)(a), and are authorized to recover damages and other relief in a civil action pursuant to 18
U.S.C. § 2520.
36. Defendants’ violations have injured Plaintiffs, including, by way of example,
depriving Plaintiffs of subscription revenues and other valuable consideration, compromising
Plaintiffs’ security and accounting systems, and interfering with Plaintiffs’ prospective business
relations.
37. Defendants violated 18 U.S.C. § 2511(1)(a) for tortious or illegal purposes, or for
purposes of direct or indirect commercial advantage or private commercial gain.
38. Defendants knew or should have known that intercepting, endeavoring to
intercept, and/or procuring others to intercept or endeavor to intercept Plaintiffs’ encrypted
satellite transmissions of television programming and control words, without authorization by
Plaintiffs, was and is illegal and prohibited. Such violations have caused and will continue to
cause Plaintiffs irreparable harm, and Plaintiffs do not have an adequate remedy at law to redress
such continued violations. Unless restrained by this Court, Defendants will continue to violate
18 U.S.C. § 2511(1)(a).

COUNT 3

CIRCUMVENTING A TECHNOLOGICAL MEASURE

THAT EFFECTIVELY CONTROLS ACCESS TO A COPYRIGHTED

WORK IN VIOLATION OF 17 U.S.C. § 1201(a)(1)

39. Plaintiffs repeat and reallege the allegations in all preceding paragraphs as if set
forth fully herein.

40. By connecting or allowing the DISH Network satellite receivers and/or access
cards used by Defendants to be connected to an IKS server, distributing, retransmitting and re-
broadcasting Plaintiffs’ control words over the internet to others for their use in receiving and
decrypting Plaintiffs’ encrypted satellite signals, Defendants circumvented, and/or assisted others
in circumventing, a technological measure that effectively controls access to a copyrighted work
without authorization by Plaintiffs, in violation of 17 U.S.C. § 1201(a)(1).
41. Defendants’ violations have injured Plaintiffs, including, by way of example,
depriving Plaintiffs of subscription revenues and other valuable consideration, compromising
Plaintiffs’ security and accounting systems, and interfering with Plaintiffs’ prospective business
relations.
42. Defendants violated 17 U.S.C. § 1201(a)(1) willfully and for purposes of purposes
of direct or indirect commercial advantage or private commercial gain.
43. Defendants knew or should have known that circumventing technological
measures that effectively control access to a copyrighted work without authorization by
Plaintiffs, was and is illegal and prohibited. Such violations have caused and will continue to
cause Plaintiffs irreparable harm, and Plaintiffs do not have an adequate remedy at law to redress
such continued violations. Unless restrained by this Court, Defendants will continue to violate
17 U.S.C. § 1201(a)(1).

COUNT 4

PROVIDING ASSISTANCE IN CIRCUMVENTING A TECHNOLOGICAL

MEASURE THAT CONTROLS ACCESS TO A COPYRIGHTED WORK

IN VIOLATION OF 17 U.S.C. § 1201(a)(2)

44. Plaintiffs repeat and reallege the allegations in all preceding paragraphs as if set
forth fully herein.

45. By connecting or allowing Defendants’ DISH Network satellite receiver and/or
access card to be connected to an IKS server, distributing, retransmitting and re-broadcasting
Plaintiffs’ control words over the internet to others for their use in receiving and decrypting
Plaintiffs’ encrypted satellite signals, Defendants offered, provided or otherwise trafficked in a
technology, product, service, device, component or part thereof that (1) is primarily designed or
produced for the purpose of circumventing a technological measure that effectively controls
access to a copyrighted work, (2) has only limited commercially significant purpose or use other
than to circumvent such technological measure, or (3) is marketed by Defendants or another
acting in concert with Defendants for use in circumventing a technological measure that
effectively controls access to a copyrighted work without authorization by Plaintiffs, in violation
of 17 U.S.C. § 1201(a)(2).
46. Defendants’ violations have injured Plaintiffs, including, by way of example,
depriving Plaintiffs of subscription revenues and other valuable consideration, compromising
Plaintiffs’ security and accounting systems, and interfering with Plaintiffs’ prospective business
relations.
47. Defendants violated 17 U.S.C. § 1201(a)(2) willfully and for purposes of purposes
of direct or indirect commercial advantage or private commercial gain.
48. Defendants knew or should have known that Defendants’ conduct was and is
illegal and prohibited. Such violations have caused and will continue to cause Plaintiffs
irreparable harm, and Plaintiffs do not have an adequate remedy at law to redress such continued
violations. Unless restrained by this Court, Defendants will continue to violate 17 U.S.C. §
1201(a)(2)

COUNT 5

BREACH OF CONTRACT

49. Plaintiffs repeat and reallege the allegations in al preceding paragraphs as if set
forth fully herein.
50. Defendant Nathan Green entered into a Residential Customer Agreement with
DISH Network that, among other things, limited Defendant’s authorization to receive and view
DISH Network television programming in the manner and for the purpose set forth in the
Residential Customer Agreement. The Residential Customer Agreement restricts the use of
DISH Network programming to “private viewing,” defined as follows:

Private Home Viewing Only. DISH Network provides Services to you solely for viewing,
use and enjoyment in your private home. You agree that no Services provided to you will
be viewed in areas open to the public, commercial establishments or other residential
locations. Services may not be rebroadcast or performed, and admission may not be
charged for listening to or viewing any Services. If your Services are viewed in an area
open to the public, a commercial establishment or another residential location, we may
disconnect your Services and, in addition to all other applicable fees, you must pay us the
difference between the price actually paid for Services and the full applicable rate for
such Services, regardless of whether we have the right to distribute such Services in such
other location.

51. The Residential Customer Agreement prohibits Defendant Nathan Green from
directly or indirectly using a single residential account for receiving television programming on
other satellite receivers or other locations, and restricts the location of the DISH Network
receiving equipment to the residential address provided by Defendant:

All of your receivers must be located at the same residence and continuously connected
to the same land-based telephone line and/or broadband home network. If you wish to
receive Services at two different residential locations, you must open a separate account
for each location, unless otherwise specifically authorized by Dish Network. You may
not directly or indirectly use a single account for the purpose of authorizing Services for
multiple DISH Network receivers that are not all located in the same residence and
connected to the same land-based telephone line and/or broadband home network. If we
later determine that you did, we may disconnect your Services and, in addition to all
other applicable fees, you agree to pay us the difference between the amounts actually

received by us and the full retail price for the Services authorized for each DISH Network
receiver on your account.

Last edited by lab48187; 12-15-2009 at 08:30 AM..
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Old 12-15-2009, 08:27 AM
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PART 2:

52. The Residential Customer Agreement prohibits Defendant Nathan Green from
tampering with the satellite receiver, access card or other components:


Proprietary Components and Software. DISH Network receivers and Smart Cards contain
components and software that are proprietary to DISH Network and its licensors. You
agree that you will not try to reverse-engineer, decompile or disassemble, nor will you
tamper with or modify, any software or hardware contained within any receiver or Smart
Card. Such actions are strictly prohibited and may result in the termination of this
Agreement, disconnection of your Services and/or legal action.



53. The Residential Customer Agreement prohibits Defendant Nathan Green from
using the software and code in the satellite receiver for any purpose other than the operation of
Defendant’s actual satellite receiver and prohibits Defendant Nathan Green from copying,
distributing or sharing any part of it, which includes control words:


Software License. You are licensed to use the software provided in your DISH Network
receiver(s), as updated by DISH Network, its licensors and/or its suppliers from time to
time, solely in executable code form, solely in conjunction with lawful operation of the
DISH Network receiver(s) that you purchased or leased, and solely for the purposes
permitted under this Agreement. You may not copy, modify or transfer any software
provided in your DISH Network receiver(s), or any copy of such software, in whole or in
part. You may not reverse-engineer, disassemble, decompile or translate such software,
or otherwise attempt to derive its source code, except to the extent allowed under any
applicable laws. You may not rent, lease, load, resell for profit or distribute any software
provided in your DISH Network receiver(s), or any part thereof. Such software is
licensed, not sold, to you for use only under the terms and conditions of this license, and
DISH Network, its licensors and its suppliers reserve all rights not expressly granted to
you. Except as stated above, this license does not grant to you any intellectual property
rights in the software provided in your DISH Network receiver(s). Any attempt to
transfer any of the rights, duties or obligations of this license is null and void. If you
breach any term or condition of this license, this license will automatically terminate.



54. The Residential Customer Agreement required Defendant Nathan Green to
immediately notify DISH Network if any DISH Network equipment were removed from the
residential address Defendant provided when setting up Defendant’s residential account:



If any of your Equipment is stolen or otherwise removed from your premises without
your authorization, you must notify our customer service center by telephone or in
writing immediately, but in any event not later than three (3) business days after such
removal, to avoid liability for payment for unauthorized use of your Equipment. You will
not be liable for unauthorized use that occurs after we have received your notification.



55. The Residential Customer Agreement prohibits Defendant Nathan Green from
installing, reinstalling, attaching devices to or altering any DISH Network equipment provided to
Defendant as a lease:


We may choose to lease certain Equipment to subscribers. Unless otherwise specified in
an applicable Promotion Agreement(s), such Equipment (including without limitation,
the LNBFs, but not the satellite antenna), shall at all times remain the sole and exclusive
property of DISH Network, and we may provide or replace leased Equipment with new
or reconditioned Equipment at any time, and upon cancellation or disconnection of your
Services, remove or require the return of such Equipment. No leased Equipment provided
to you by DISH Network shall be deemed fixtures or part of your real property. We may
make such filings and recordings that we may consider necessary to evidence our
ownership rights in such Equipment, and you agree to execute any and all documents that
we may consider necessary for us to make such filings. Our ownership of such
Equipment may be displayed by notice contained on it. You have no right at any time to
pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter or tamper
with such Equipment, or to tamper with or alter any notice of our ownership on such
Equipment. Any reinstallation, return, or change in the location of such Equipment must
be performed by DISH Network at our then-current service rates. You shall not attach
any electrical or other devices to, or in any way alter, any such Equipment without our
prior written consent. You are responsible for preventing the loss or destruction of leased
Equipment and we recommend that such Equipment be covered by your homeowners,
renters or other insurance policy.

56. The Residential Customer Agreement prohibits Defendant Nathan Green from
directly or indirectly engaging in or assisting others in any unauthorized interception or reception
of any portion of DISH Network’s satellite service and prohibits piracy:


WARNING AGAINST PIRACY AND INFRINGEMENT

A. Piracy. Receiving any portion of the Services without paying for them and/or any
direct or indirect act or attempted act to engage or assist in any unauthorized interception
or reception of any portion of the Services is a violation of various U.S. federal and state
laws and of this Agreement. The penalties for violating such laws can include
imprisonment and civil damage awards of up to $110,000 per violation.


B. Infringement. Section 605(e)4 of Title 47 of the United States Code makes it a
federal crime to modify Equipment to receive encrypted (scrambled) television
programming without payment of required subscriptions. Conviction can result in a fine
of up to $500,000 and imprisonment for five years, or both. Any person who procures
Equipment that has been so modified is an accessory to that offense and may be punished
in the same manner. Investigative authority for violations lies with the Federal Bureau of
Investigation. The Equipment may incorporate copyright protection technology that is
protected by U.S. patents and other intellectual property rights. Use of such copyright
protection technology must be authorized by DISH Network or its suppliers or licensors,
and is intended for home and other limited pay-per-view uses only, unless otherwise
authorized by DISH Network or its suppliers or licensors. Reverse engineering or
disassembly is prohibited.

57. The Residential Customer Agreement also required Defendant Nathan Green to
immediately notify DISH Network of the address where DISH Network equipment was located:


Physical Address/Change of Address. When setting up your DISH Network account, you
must provide us with the physical address where your Equipment will be located and
your Services will be provided. A post office box does not meet this requirement. You
must give us immediate notice of any change of name, mailing address, telephone
number, or physical address where your Equipment is located. You may do this by
notifying our customer service center by telephone or in writing at the phone number,
mailing address, or e-mail address set forth at the top of this Agreement.

58. The DISH Network Residential Customer Agreement is an enforceable contract
that confers legally enforceable rights to DISH Network.
59. By creating a residential subscriber account for improper purposes, and/or
installing and maintaining DISH Network receiving equipment at locations or facilities not
authorized by DISH Network, and/or distributing, retransmitting and re-broadcasting Plaintiffs’
control words over the internet to others for their use in receiving and decrypting Plaintiffs’
encrypted satellite signals, Defendant Nathan Green has breached and is continuing to breach the
DISH Network Residential Customer Agreement.
60. As a direct and proximate result of Defendant Nathan Green’s wrongful conduct,
DISH Network has suffered and continues to suffer damages, including compensatory,
consequential and/or restitutionary damages, in an amount to be proven at trial.


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  post #7 (permalink)  
Old 12-15-2009, 08:29 AM
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PART 3:

61. Defendant Nathan Green knew or should have known that the conduct alleged
herein violated the terms of the DISH Network Residential Customer Agreement and that
Defendant was in breach of Defendant’s obligations thereunder. Such violations have caused
and will continue to cause DISH Network irreparable harm, and DISH Network does not have an
adequate remedy at law to redress such continued violations. Unless restrained by this Court,
Defendant Nathan Green will continue to violate the DISH Network Residential Customer
Agreement.


PRAYER FOR RELIEF

WHEREFORE, Plaintiffs seek judgment against Defendants as follows:

A. Find that Defendants’ conduct in creating a residential subscriber account for
improper purposes, and/or installing and maintaining or allowing DISH Network receiving
equipment to be installed and maintained at locations or facilities not authorized by DISH
Network, and/or distributing, retransmitting and/or re-broadcasting Plaintiffs’ control words
over the internet to others for their use in receiving and decrypting Plaintiffs’ encrypted satellite
signals, violated 47 U.S.C. § 605(a), 18 U.S.C. § 2511(1)(a), 17 U.S.C. § 1201(a), and state
common laws;
B. Find further that Defendants’ conduct and violations of federal and state laws was
willful and malicious, for tortious and illegal purposes, and for purposes of direct or indirect
commercial advantage or private commercial or financial gain;
C. In accordance with 47 U.S.C. § 605(e)(3)(B)(i), 18 U.S.C. § 2520(b)(1), 17
U.S.C. § 1203(b)(1)-(2), the DISH Network Residential Customer Agreement and state
common law, enjoin and restrain Defendants, and persons or entities controlled directly or
indirectly by Defendants or acting in conjunction with Defendants, from creating residential



subscriber accounts for improper purposes, installing and maintaining DISH Network receiving
equipment at locations or facilities not authorized by DISH Network, and distributing,
retransmitting and re-broadcasting Plaintiffs’ control words over the internet;
D. In accordance with 47 U.S.C. § 605(e)(3)(B)(i), 18 U.S.C. § 2520(b)(1), 17
U.S.C. § 1203(b)(1)-(2), the DISH Network Residential Customer Agreement and state
common law, order Defendants to return to DISH Network all satellite receivers, access cards,
and other hardware, software and components derived from or intended for the DISH Network
satellite system;
E. In accordance with 47 U.S.C. § 605(e)(3)(C)(i) and (ii), award Plaintiffs the
greater of (1) actual damages suffered by Plaintiffs and any profits made by Defendants that are
attributable to the violations alleged herein, or (2) statutory damages of up to $100,000 for each
violation of 47 U.S.C. § 605(a);
F. In accordance with 18 U.S.C. § 2520(c)(2), award Plaintiffs the greater of (1)
actual damages suffered by Plaintiffs and any profits made by Defendants as a result of the
violations alleged herein, or (2) statutory damages of whichever is the greater of $100 per day
for each violation of 18 U.S.C. § 2511(1) or $10,000;
G. In accordance with 17 U.S.C. § 1203(c), award Plaintiffs the greater of (1) actual
damages suffered by Plaintiffs and any additional profits of Defendants, or (2) statutory
damages of $2,500 per act of circumvention, device, product, component, offer, or performance
of service;
H. In accordance with state common law, award DISH Network compensatory,
consequential, and/or restitutionary damages, in an amount to be proven;



I. In accordance with 18 U.S.C. § 2520(b)(2) and state law, award Plaintiffs punitive
damages;
J. In accordance with 47 U.S.C. § 605(e)(3)(B)(iii), 17 U.S.C. § 1203(b)(5), 18
U.S.C. § 2520(b)(3), and state common law, and in accordance with the DISH Network
Residential Customer Agreement, order Defendants to pay Plaintiffs all of their reasonable
attorney’s fees and costs;
K. In accordance with 47 U.S.C. § 605(e)(3)(C)(i)(I), 18 U.S.C. § 2520(c)(2)(A), 17
U.S.C. § 1203(c)(1)(A), and state common law, order Defendants to (1) provide Plaintiffs a full
and accurate accounting of all profits or other benefits received by Defendants as a result of the
wrongful conduct described herein, (2) pay to Plaintiffs all profits or other benefits received by
Defendants from the wrongful conduct alleged herein, and (3) deliver to Plaintiffs all real or
personal property, money or things of value obtained by them, directly or indirectly, or acquired
by them, in whole or in part, with profits or other benefits received by Defendants from the
wrongful conduct alleged herein;
L. Award Plaintiffs pre- and post-judgment interest on all damages, from the earliest
date permitted by law at the maximum rate permitted by law;
M. Order Defendants to preserve and provide all evidence (including electronic data)
identifying all persons and/or entities involved in or assisting the operation of IKS servers
and/or receiving DISH Network programming through the unauthorized receipt of Plaintiffs’
control words from IKS servers; and
N. For such additional relief as the Court deems to be just and equitable.


DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a jury trial on all issues so triable.


Respectfully submitted,
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  post #8 (permalink)  
Old 12-15-2009, 08:45 AM
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Maybe now we will see a stand alone fix for some receivers. The N2 code was reveled in a court case. Sounds like the providers may have opened themselves up to a repeat of history.
Just my 2 cents,
BigBee

All information provided is purely speculation as I do not test. Use the provided information at you own risk.
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Old 12-15-2009, 10:24 AM
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My thinking exactly
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Old 12-15-2009, 11:09 AM
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would'n that be nice i could dust off some old stb's i have laying around
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