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DISH NETWORK v. KEVIN CLIFTON
(NFusion Receivers)
Defendant worked closely with individuals who were responsible for importing, distributing, trafficking-in, promoting and servicing piracy devices called NFusion Receivers and/or components thereof (collectively “NFusion Receivers”), and other circumvention devices and/or components thereof including the NFusion 8PSK Turbo Board and NFusion pirate software. These devices and technology are (a) primarily designed or produced for the purpose of circumventing DISH Network’s Security System to gain access to DISH Network Programming; (b) have only limited commercially significant purpose or use other than to circumvent DISH Network’s Security System to gain access to DISH Network Programming; or ( c ) are marketed for use in circumventing DISH Network’s Security System to gain access to DISH Network Programming.
Defendant’s involvement includes operating a computer server integral to circumventing DISH Network’s Security System.
NFusion Receivers and pirate software are designed to utilize a new form of satellite piracy known as Internet Key Sharing (“IKS”) (and sometimes referred to as Control Word Sharing). IKS involves connecting an NFusion Receiver to the Internet to obtain keys that are necessary to decrypt DISH Network Programming. Defendant operated the server that provided these keys.
Defendant is involved in and/or is responsible for designing, developing, manufacturing, distributing, trafficking-in, and promoting pirate tools and software. Defendant’s software tools and files are primarily designed to and do allow end-users to circumvent the technological measures that DISH network utilizes to protect access to copyrighted works distributed by DISH Network. This circumvention occurs without authorization or permission from Plaintiffs.
Specifically, Defendant and/or those acting on his behalf or in concert with him is/are involved in and/or responsible for the design, development, and public release of pirate software specifically designed to use with NFusion Receivers and 8PSK Turbo Boards.
By creating and releasing pirate software, Defendant ensures that NFusion Receivers and 8PSK Turbo Boards can be used to steal DISH Network Programming.
Plaintiffs: DISH NETWORK L.L.C. , ECHOSTAR TECHNOLOGIES, L.L.C. and NAGRASTAR L.L.C.
Defendant: KEVIN CLIFTON
Case Number: 1:2010cv00470
Filed: June 18, 2010
Court: North Carolina Middle District Court
Office: NCMD Office
County: Durham
Nature of Suit: Other Statutes - Cable/Satellite TV
Cause: 47:0605
Jurisdiction: Federal Question
Jury Demanded By: None
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