Dish Network LLC et al v. Tan Nguyen et al, No. 8:2012cv00369 - Document 69 (C.D. Cal. 2013)

Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge James V. Selna, in favor of Dish Network LLC, EchoStar Technologies LLC, Nagrastar LLC against Tan Nguyen in the principal amount of $6,376,600.00, interest in the amount of $0.00, attorneys fees of $0.00, costs of $0.00 for a total judgment of $6,376,600.00. (MD JS-6, Case Terminated) (rla)

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Dish Network LLC et al v. Tan Nguyen et al Doc. 69 1 2 3 JS-6 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION 11 12 13 14 15 16 17 18 19 Case No. SACV12-0369 JVS (MLGx) DISH NETWORK L.L.C., ECHOSTAR TECHNOLOGIES L.L.C., and NAGRASTAR LLC, FINAL JUDGMENT AND PERMANENT INJUNCTION Plaintiffs, v. TAN NGUYEN and DOES 1- 10 d/b/a www.ftaforall.us, www.ftaforall.info, www.ftaforall.net, www.ftaforall.biz, and www.ftaforall.tk, Defendants. 20 21 22 The Court entered an order on February 13, 2013 (Dkt. 67), granting 23 Plaintiffs’ motion for summary judgment on Counts I and II of the Complaint 24 against Defendant Tan Nguyen. 25 following final judgment and permanent injunction: 26 1. Pursuant to that order, the Court enters the The Court ORDERS judgment in favor of DISH Network L.L.C., 27 EchoStar Technologies L.L.C., and Nagrastar LLC’s (collectively, “DISH 28 Network”) on their claims against Tan Nguyen under the Digital Millennium FINAL JUDGMENT AND PERMANENT INJUNCTION Dockets.Justia.com 1 Copyright Act, 17 U.S.C. § 1201(a)(2) [Count I] and the Federal Communications 2 Act, 47 U.S.C. § 605(e)(4) [Count II]. Tan Nguyen is liable for 31,883 violations 3 of 17 U.S.C. § 1201(a)(2) and 31,883 violations of 47 U.S.C. § 605(e)(4). 4 2. Statutory damages in the amount of $6,376,600 are awarded to DISH 5 Network in accordance with 17 U.S.C. § 1203(c)(3)(A) for Tan Nguyen’s 31,883 6 violations at $200 per violation. 7 3. Tan Nguyen and anyone acting in active concert or participation with, 8 or at the direction or control of Tan Nguyen, are hereby PERMANENTLY 9 ENJOINED from: 10 (a)manufacturing, importing, offering to the public, providing, linking 11 to, or otherwise trafficking in (i) piracy software; and (ii) any 12 other device or service used in circumventing DISH Network’s 13 security system or intercepting DISH Network programming; 14 and 15 (b)circumventing or assisting others in circumventing DISH Network’s 16 security system, or otherwise intercepting or assisting others in 17 intercepting DISH Network’s signal. 18 4. This Permanent Injunction applies to www.ftaforall.us, 19 www.ftaforall.info, www.ftaforall.net, www.ftaforall.biz, www.ftaforall.tk, and any 20 other domain or website, regardless of their respective top-level domains, that Tan 21 Nguyen currently uses or may use in the future that traffic in pirate software used in 22 circumventing DISH Network’s security system or intercepting DISH Network 23 programming. 24 5. This Permanent Injunction takes effect immediately. 25 6. Defendant and GoDaddy.com are ordered to transfer the domain 26 names www.ftaforall.us, www.ftaforall.info, www.ftaforall.net, www.ftaforall.biz, 27 and www.ftaforall.tk to NagraStar LLC, or such other person or entity that 28 NagraStar LLC designates. 2 FINAL JUDGMENT AND PERMANENT INJUNCTION 1 7. DISH Network’s causes of action under the Digital Millennium 2 Copyright Act, 17 U.S.C. § 1201(a)(1) [Count III], the Communications Act, 47 3 U.S.C. § 605(a) [Count IV], and the Electronic Communications Privacy Act, 18 4 U.S.C. §§ 2511(1)(a), 2520 [Count V] are hereby dismissed against Tan Nguyen 5 with prejudice. 6 8. DISH Network’s causes of action under the Digital Millennium 7 Copyright Act, 17 U.S.C. § 1201(a)(2) [Count I], the Communications Act, 47 8 U.S.C. § 605(e)(4) [Count II], the Digital Millennium Copyright Act, 17 U.S.C. § 9 1201(a)(1) [Count III], the Communications Act, 47 U.S.C. § 605(a) [Count IV], 10 and the Electronic Communications Privacy Act, 18 U.S.C. §§ 2511(1)(a), 2520 11 [Count V] are hereby dismissed against DOES 1-10 without prejudice. 12 13 9. The Court retains jurisdiction over this action for the purpose of enforcing this Final Judgment and Permanent Injunction. 14 10. This is FINAL JUDGMENT. Any relief not expressly granted herein, 15 is denied. 16 IT IS SO ORDERED. 17 18 Dated: February 21, 2013 ________________________ Hon. James V. Selna 19 20 21 22 23 24 25 26 27 28 3 FINAL JUDGMENT AND PERMANENT INJUNCTION

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