For a Directv, Joe Hand, paid subscription sports event,
or other commercial exhibition problem go here.
Defending IKS, unathorized streaming, and electronic piracy clients since 2003
I save my clients significant sums....Free advice is available.....Call now
631 274 4610
If you have received a demand letter regarding “IKS” reception of the Dish Network signal, the evidentiary basis for it is gathered by professional investigators. Unless they can be convinced that they have no claim, or you negotiate a settlement, their lawyers (Hagan Noll and Boyle LLC) will initiate a legal proceeding against you in federal court.
Signal piracy and unauthorized streaming prosecutions are generally conducted pursuant to the Federal Communications Act (Title 47 U.S. Code), the Digital Millennium Copyright Act (DMCA), and the "Wiretap Act" (Title 18 U.S. Code), all complex and little understood areas of the law. Certainly, it will be very difficult for you to find a local lawyer who is familiar with it all. In fact, many of my clients are actually other lawyers, who, having been called upon by one of their regular clients for help in this kind of situation, require my assistance to first understand the issues themselves. Moreover, I know of no one else on the defense side with my knowledge and experience as gained during the defense of hundreds of these cases.
Do not default (fail to respond to a Summons and therefor give the claimant the opportunity to magnify their claim against you in your absence; moreover, judges don't look kindly upon those who ignore a Summons). The consequences of ignoring this will lead to a significant federal judgment against you. A signal piracy case can run into five figures depending upon how the claimant presents the facts and the discretion of the judge - and in the case of distributors or resellers, minimum damages start at five figure sums. Moreover, as piracy acts are associated with the tortious act of conversion, such a judgment cannot be vacated in bankruptcy.
that as these are civil (rather than criminal) cases, the burden of
proof is “preponderance of the evidence” or “which
is the most likely” - not “proof beyond a
reasonable doubt”. Accordingly, civil cases are generally much
easier to prosecute (and therefore harder to defend) than criminal
Moreover, it is very important to note that the signal provider (or rights owner) enjoys a unilateral (one-sided) claim to attorney fees. That is: once a lawsuit commences, and unless you prevail, the DMCA gives a judge discretion to charge Nagrastar's attorney fees to you (and Title 47 cases give the claimant an absolute right to recover their attorney fees); however, if defendant wins, defendant has no such rights. (Doesn't sound fair, does it? However, it is true!)
misinformation and impractical guidance on the web, such as: "innocent
infringer" or "non-use" defenses.
These are basically "false hope" defenses, unless you claim you could not make your purchased code work and
you can produce proof that you made an effort to claim a refund from
the seller - for if you can, and your purchase was a "one-of',
Nagrastar should immediately withdraw their claim - and going to court will not be necessary.
to going to court: your statutory exposure to considerable assessments
for both Nagrastars' legal expenses and "costs" will put you at an
extreme disadvantage. In fact, the experience could leave you wishing
you had acceded to Nagrastars' original demands. Moreover, in the event
you have made other purchases of code which are (as yet) undiscovered
by Nagrastars' investigators, you will be the recipient of yet
another"demand letter, even if you were to win the first case. In fact, "court" is not a good place for a
defendant in an electronic piracy case to be.
But if you settle, will you be getting the best deal? Remember also: you will be paying for a release. Accordingly, the terms of the "release" you get when you settle are very important, as the release sets forth exactly what will you be released from. Moreover, these settlements involve future injunctive obligations which are exclusive of the settlement sum.
Other sites from the Law Office of Gary Ruff:
Relevant U.S. anti-piracy laws can be downloaded here.