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CASE 0:12-cv-02416-DWF-FLN Document 51 Filed 06/04/13 Page 1 of 9

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

Civil No. 12-2416 (DWF/FLN)

ORDER GRANTING PLAINTIFFS’
MOTION FOR COURT’S ENTRY OF
DEFAULT JUDGMENT, PERMANENT
INJUNCTION, AND IMPOUNDMENT

DISH Network L.L.C.;
EchoStar Technologies L.L.C.;
and NagraStar LLC,

Plaintiffs,

v.

Joshua Alan Lamaack, a/k/a
RAZOR420 and RAZOR,

Defendant.

I.

NATURE OF THE CASE

1.

Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C., and

NagraStar LLC (collectively, “DISH Network”) brought this action against Defendant

Joshua Alan Lamaack a/k/a RAZOR420 and RAZOR (“Lamaack”) for offering, selling,

distributing, or otherwise trafficking in IKS server passcodes that are primarily designed

and used for stealing DISH Network’s copyright protected, subscription-based

programming.

2.

On October 3, 2012, Lamaack was properly served with a copy of the

summons and DISH Network’s Original Complaint, (Doc. No. 7), but failed to file an

answer, responsive pleading, or otherwise defend the lawsuit within the time allowed.

DISH Network submitted evidence that Lamaack is not an infant, incompetent, or on

active duty in the military or otherwise exempted under the Service members Civil Relief

CASE 0:12-cv-02416-DWF-FLN Document 51 Filed 06/04/13 Page 2 of 9

Act and requested the Clerk to enter default judgment against Lamaack. (See Doc.

Nos. 18, 19.)

3.

On October 29, 2012, the Clerk entered default against Lamaack. (See Doc.

No. 22.)

4.

On March 6, 2013, DISH Network moved for default judgment, statutory

damages, permanent injunction, impoundment, and entry of a final judgment against

Lamaack based on his violations of the Digital Millennium Copyright Act (“DMCA”),

17 U.S.C. § 1201(a)(2), and Communications Act, 47 U.S.C. § 605(e)(4). (See Doc.

No. 35.)

5.

As a result of Lamaack’s failure to answer, or otherwise appear in this

action and the Clerk’s entry of default, the Court accepts as true the following

well-pleaded allegations in DISH Network’s Original Complaint, (Doc. No. 1):

a.

DISH Network L.L.C. is a multi-channel video provider that

delivers video, audio, and data services to customers throughout the

United States, Puerto Rico, and the U.S. Virgin Islands 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. (Doc. No. 1, ¶¶ 9-10.)

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CASE 0:12-cv-02416-DWF-FLN Document 51 Filed 06/04/13 Page 3 of 9

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 holders of programming rights. The works broadcast by DISH

Network are copyrighted. DISH Network has the authority to protect these

works from unauthorized reception and viewing. (Id. at ¶¶ 11-12.)

c.

DISH Network programming is digitized, compressed, and

scrambled prior to being transmitted to multiple satellites located in geo-

synchronous orbit above Earth. The satellites, which have relatively fixed

footprints covering the United States and parts of Canada, Mexico, and the

Caribbean, relay the encrypted signal back to Earth where it can be received

by DISH Network subscribers that have the necessary equipment. ( Id. at

¶ 13.)

d.

An EchoStar Technologies receiver processes an incoming

DISH Network satellite signal by locating an encrypted part of the

transmission known as the entitlement control message and forwards that

message to the NagraStar smart card. Provided that the subscriber is tuned

to a channel he is authorized to watch, the smart card uses its decryption

keys to unlock the message, uncovering a control word. The control word

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is transmitted back to the receiver in order to decrypt the DISH Network

satellite signal. (Id. at ¶ 17.)

e.

The EchoStar Technologies receiver and NagraStar smart

card convert DISH Network’s encrypted satellite signal into viewable

programming that can be displayed on the attached television of a DISH

Network subscriber. (Id. at ¶ 18.)

f.

Lamaack was and is engaged in offering to the public or

otherwise trafficking in IKS server passcodes in violation of 17 U.S.C.

§ 1201(a)(2). (Id. at ¶ 34.) Lamaack’s IKS server passcodes are primarily

designed and produced for the purpose of circumventing the DISH Network

security system; have no commercially significant purpose or use other than

to circumvent the DISH Network security system; and are marketed by

Lamaack for use in circumventing the DISH Network security system. (Id.

at ¶ 35.) Lamaack’s actions were and are performed without the

permission, authorization, or consent of DISH Network or any owner of

copyrighted programming broadcast on the DISH Network platform. (Id. at

¶ 36.) The DISH Network security system is a technological measure that

effectively controls access to copying and distribution of copyrighted

works. (Id.) Lamaack violated 17 U.S.C. § 1201(a)(2) willfully and for

purposes of commercial advantage and private financial gain. (Id. at ¶ 37.)

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Unless restrained and enjoined by the Court, Lamaack will continue to

violate 17 U.S.C. § 1201(a)(2). (Id. at ¶ 38.)

g.

Lamaack was and is engaged in the business of selling or

otherwise distributing IKS server passcodes in violation of 47 U.S.C.

§ 605(e)(4). (Id. at ¶ 40.) Lamaack’s passcodes are primarily of assistance

in the unauthorized decryption of DISH Network’s satellite transmissions of

television programming. (Id. at ¶ 41.) Lamaack intended for his IKS server

passcodes to be used in the unauthorized decryption of DISH Network’s

satellite transmissions of television programming, or knew or should have

known the passcodes were and are primarily used for this purpose, and

therefore are illegal and prohibited. (Id. at ¶ 43.) Such violations have and

will continue to cause damage to DISH Network, and unless restrained and

enjoined by the Court, Lamaack will continue to violate 47 U.S.C.

§ 605(e)(4). (Id.) Lamaack violated 47 U.S.C. § 605(e)(4) willfully and for

purposes of commercial advantage and private financial gain. (Id. at ¶ 42.)

6.

DISH Network submitted evidence from PayPal Inc. that showed Lamaack

sold at least 35 passcodes to the RazorTV IKS server and accepted payment using the

PayPal e-mail address [email protected] (See Declaration of Jerry Gee, ¶¶ 4-6,

Ex. 1); (see also Declaration of Joseph Boyle, ¶ 9, Ex. 3.)

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CASE 0:12-cv-02416-DWF-FLN Document 51 Filed 06/04/13 Page 6 of 9

7.

In accordance with Fed. R. Civ. P. 55(b)(2), DISH Network requests entry

of a default judgment on Counts I and II for Lamaack’s violations of the DMCA,

17 U.S.C. § 1201(a)(2), and Communications Act, 47 U.S.C. § 605(e)(4).

8.

In accordance with the Communications Act, 47 U.S.C.

§ 605(e)(3)(C)(i)(II), DISH Network requests an award of statutory damages in the

amount of $350,000, a sum certain, for Lamaack’s distribution of 35 IKS server

passcodes in violation of the Communications Act, 47 U.S.C. § 605(e)(4).

9.

In accordance with the DCMA, 17 U.S.C. §§ 1203(b)(1), (2), DISH

Network requests a permanent injunction and order for the seizure and impoundment of

Lamaack’s IKS server passcodes for his violations of the DMCA, 17 U.S.C. § 1201(a)(2).

10.

Provided that all the requested relief is fully granted, DISH Network agrees

to dismiss Counts III through V against Lamaack with prejudice so that a final judgment

may be entered in this case.

II.

PERMANENT INJUNCTION AGAINST LAMAACK

Upon Lamaack’s default, the Court, having reviewed the record, evidence, and

applicable law in this matter, enters a permanent injunction against Lamaack and

ORDERS as follows:

1.

Lamaack, and any of his employees, agents, representatives, attorneys, and

all persons acting or claiming to act on his behalf or under his direction or authority, and

all persons acting in concert or in participating with him who receive actual notice of this

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Order are PERMANENTLY ENJOINED and MUST RESTRAIN from directly or

indirectly:

a.

managing, directing, controlling, or otherwise operating any

IKS server, including but not limited to the RazorTV IKS server;

b.

manufacturing, importing, offering to the public, providing or

otherwise trafficking in (i) IKS server passcodes, or any other code,

password, or information used in accessing an IKS server, or otherwise

providing access to an IKS server in any way, including but not limited to

the RazorTV IKS server, and (ii) any other technology, component, or part

thereof that is primarily of assistance in the unauthorized decryption of

direct-to-home satellite services or used in circumventing DISH Network’s

security system; and

c.

receiving or assisting others to receive DISH Network’s

satellite signal or other electronic communications originating from DISH

Network’s system without authorization.

2.

This permanent injunction is authorized under the DMCA, 17 U.S.C.

§ 1201(b)(1) and Fed. R. Civ. P. 65 and takes effect immediately.

III.

FINAL JUDGMENT AND ORDER FOR SEIZURE AND IMPOUNDMENT

1.

The Court ORDERS a final judgment in favor of Plaintiffs DISH Network

L.L.C., EchoStar Technologies L.L.C., and NagraStar LLC on Counts I and II of

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CASE 0:12-cv-02416-DWF-FLN Document 51 Filed 06/04/13 Page 8 of 9

Plaintiffs’ Original Complaint for violations of 17 U.S.C. § 1201(a)(2) and 47 U.S.C.

§ 605(e)(4) against Defendant Joshua Alan Lamaack a/k/a RAZOR420 and RAZOR.

2.

The Court awards Plaintiffs statutory damages against Lamaack in the

amount of $350,000 based on his 35 violations of the Communications Act, 47 U.S.C.

§ 605(e)(4) at $10,000 per violation as authorized by 47 U.S.C. § 605(e)(3)(C)(i)(II).

3.

Pursuant to 17 U.S.C. § 1203(b)(2), the Court FURTHER ORDERS that,

within 10 court days of service of this Order on Lamaack, Lamaack shall send by Federal

Express or UPS to counsel for DISH Network, Joseph Boyle, Hagan Noll & Boyle LLC,

820 Gessner, Suite 940, Houston, Texas 77024, the following items for seizure and

impoundment:

a.

all passcodes that may be used to access any IKS server along

with the electronic media, including but not limited to CD-Roms, disks, and

USB storage devices, on which the passcodes reside; and

b.

an inventory sheet identifying each item being delivered to

counsel for DISH Network for impoundment.

4.

Counts III through V of Plaintiffs’ Original Complaint against Lamaack are

DISMISSED WITH PREJUDICE so that a final judgment can be entered.

5.

The Court retains jurisdiction over this action for the purpose of enforcing

the judgment and permanent injunction against Lamaack.

6.

7.

This is a final judgment. Any relief not expressly granted herein, is denied.

Each party is to bear its own fees and costs.

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CASE 0:12-cv-02416-DWF-FLN Document 51 Filed 06/04/13 Page 9 of 9

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: June 4, 2013

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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