Abadss.com Served Papers From Echostar

[jammmer]

Echo filled a lawsuit against the individuals behind the Abadss.com site. I have attached the complaint plus a Gee declaration. I am including the docket entries because I noticed their motion for a temporary restraining order was denied but there is nothing I can find that explains why it was denied.

Date Filed # Docket Text
02/15/2011 1 COMPLAINT against Larry Hyman, I.E. Entertainment, Inc., Eric Johnson, Ian Jones (Filing fee $ 350 receipt number T3514) filed by DISH Network L.L.C., NagraStar LLC, EchoStar Technologies L.L.C. (Attachments: # 1 Civil Cover Sheet)(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 3 MEMORANDUM in support re 2 Motion for temporary restraining order filed by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 4 DECLARATION of Daniel McMullen re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (Attachments: # 1 Exhibit)(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 5 DECLARATION of Steven L. Rogers re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (Attachments: # 1 Exhibit)(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 6 DECLARATION of Stephen Ferguson with exhibits 1-5 re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 7 DECLARATION of Jerry Lee Gee re 2 MOTION for temporary restraining order by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC. (MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 8 CERTIFICATE of interested persons and corporate disclosure statement by DISH Network L.L.C., EchoStar Technologies L.L.C., NagraStar LLC identifying Corporate Parent Kudelski SA, Other Affiliate EchoStar Corporation for NagraStar LLC; Other Affiliate DISH DBS, Other Affiliate DISH Network Corporation for DISH Network L.L.C.; Other Affiliate EchoStar Corporation for EchoStar Technologies L.L.C.(MRH) Modified on 2/15/2011 (MRH). (Entered: 02/15/2011)

02/15/2011 9 Summons issued as to Larry Hyman; I.E. Entertainment, Inc., c/o Larry Hyman, Registered Agent; Eric Johnson, Ian Jones. (MRH) (Entered: 02/15/2011)

02/15/2011 10 ORDER: Plaintiffs' Motion for Temporary Restraining Order 2 is DENIED. This case is set for a hearing on Plaintiffs' request for a preliminary injunction before Magistrate Judge Elizabeth A. Jenkins on WEDNESDAY, MARCH 2, 2011, at 9:00 a.m. Service of all filings shall be effectuated upon Defendants by Monday, February 21, 2011. Signed by Judge James S. Moody, Jr on 2/15/2011. (LN) (Entered: 02/15/2011)

02/15/2011 Set/reset hearings: Evidentiary Hearing set for 3/2/2011 at 09:00 AM in Tampa Courtroom 11 A before Magistrate Judge Elizabeth A. Jenkins. (MRH) (Entered: 02/15/2011)

02/15/2011 11 NOTICE of designation under Local Rule 3.05 - track 2 issued by Deputy Clerk on 2/15/2011. (SMB) (Entered: 02/15/2011)

02/17/2011 12 ORDER setting forth procedures for preliminary injunction hearing. Plaintiffs shall serve the order on Defendants by February 21, 2011. Signed by Magistrate Judge Elizabeth A. Jenkins on 2/17/2011. (RM) (Entered: 02/17/2011)


Cheers

[sump]

Re: Dish Network L.L.C. vs I.E. Entertainment INC (ABADSS)

c/p from AZA

ABADSS
Documents 2, 10 and 12


PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER


I. INTRODUCTION
Plaintiffs DISH Network L.L.C., EchoStar Technologies L.L.C. and NagraStar LLC (collectively “DISH Network”) move this court for a temporary restraining order and writ of seizure and impoundment pursuant to Fed. R. Civ. P. 65, the Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 1203, which provides the Court broad power to, “at any time while an action is pending,” order “the impounding, on such terms as it deems reasonable, of any device or product . . . that the court has reasonable cause to believe was involved in a violation” of the statute, See also 17 U.S.C. §§ 1203(b)(1)-(2) (authorizing “temporary or permanent injunctions . . . to prevent or restrain a violation” of the statute), and the Federal Communications Act, 47 U.S.C. § 605(e)(3)(B)(i).


II. ARGUMENT
DISH Network has discovered the identity of certain individuals and a corporate entity who are distributing software tools and files designed to intercept and decrypt, without authorization, DISH Network’s encrypted satellite signals used to transmit satellite television programming. Defendants I.E. Entertainment, Inc., Larry Hyman, Ian Jones, and Eric Johnson, all individually and d/b/a abadss.com (collectively “Defendants”) accomplish this through public distribution on their piracy website www . abadss.com.

Defendants’ piracy operation is both large and sophisticated. Defendants distribute numerous pirate software files designed for use with electronic devices that permit those devices to descramble DISH Network’s encrypted television programming. Simply put, Defendants distribute products and software that enable the theft of pay television programming. They do so brazenly and openly.

This type of impoundment proceeding is expressly authorized by the Digital Millennium Copyright Act, 17 U.S.C. § 1203, which provides the Court broad power to, “at any time while an action is pending,” order “the impounding, on such terms as it deems reasonable, of any device or product . . . that the court has reasonable cause to believe was involved in a violation” of the statute. The Court is also expressly authorized by the DMCA to enter “temporary or permanent injunctions . . . to prevent or restrain a violation” of the statute. 17 U.S.C. §§ 1203(b)(1)-(2).

This Motion is supported by Plaintiffs’ Memorandum of Law in Support of Plaintiffs’ Motion For Temporary Restraining Order, the declarations submitted therewith, the complete file of this action, and such other evidence as the court may consider. The specific relief being requested is set out in DISH Network’s proposed Order Granting Plaintiffs’ Motion for Temporary Restraining Order submitted herewith.


III. CONCLUSION
For these reasons, DISH Network respectfully requests that this court grant Plaintiffs’ Motion for Temporary Restraining Order.

DATED: February 15, 2011



ORDER
THIS CAUSE comes before the Court upon Plaintiffs’ Motion for Temporary Restraining Order (Dkt. #2) and the filings in support of same. One of the requirements to receive a temporary restraining order without notice is to state any efforts made to provide notice of the temporary restraining order and the reasons why notice should not be given.

See Fed. R. Civ. P. 65(b). Here, Plaintiffs’ filings do not describe any efforts they made to provide Defendants with notice or why Defendants should not receive notice of Plaintiffs’ Motion for Temporary Restraining Order.

Accordingly, it is ORDERED AND ADJUDGED that:
1. Plaintiffs’ Motion for Temporary Restraining Order (Dkt. #2) is DENIED.
2. This case is set for a hearing on Plaintiffs’ request for a preliminary injunction before Magistrate Judge Elizabeth A. Jenkins on WEDNESDAY, MARCH 2, 2011, at 9:00




ORDER
This cause comes on for consideration of Plaintiff’s request for a preliminary injunction (Dkt. 3), brought pursuant to Rule 65, Fed. R. Civ. P, and Local Rule 4.06, M.D. Fla.1 A hearing has been set before the undersigned for Wednesday, March 2, 2011 at 9:00 a.m. The District Judge has directed Plaintiffs to serve all filings on Defendants by February 21, 2011.
It is, upon consideration, ORDERED that:

(1) pursuant to Local Rule 4.06(b)(2), Plaintiffs may rely on papers and affidavits served with the motion;
(2) pursuant to Local Rule 4.06(b)(3), Defendants may rely on papers and affidavits filed with the Clerk’s Office and delivered to Plaintiffs by February 25, 2011;
(3) each side (not each party) may supplement its papers and affidavits with one hour of direct examination of witness testimony at the hearing
(4) the parties shall confer with each other regarding exhibits and witnesses which may be presented at the hearing;
(5) the parties shall file a joint pre-evidentiary statement, no later than March 1, 2011 at 12:00 p.m., which includes:
(a) disclosure of and any objections to proposed exhibits or witnesses, including the grounds for those objections; and
(b) all facts and issues which are agreed upon by the parties, as well as a statement of disputed issues and facts which must be resolved by the court;
(6) all exhibits shall be pre-marked for identification prior to the hearing;
(7) Local Rule 4.06(b), M.D. Fla., applies except where in conflict with the foregoing provisions; and
(8) Plaintiffs shall serve a copy of this order on Defendants no later than February 21, 2011 and file a notice with the court verifying service.

DONE AND ORDERED in Tampa, Florida this 17th day of February, 2011.

[montanamom]

well, defendants (aba) only won round one but will surely lose out on the rest of the rounds...this does, however, allow them the time they need to " secretly" dump their database and/or hardware, what's left of it. Happy testing

[flekr]

to late for that the database was hacked a couple months ago.....

[runamok]

well, defendants (aba) only won round one but will surely lose out on the rest of the rounds...this does, however, allow them the time they need to " secretly" dump their database and/or hardware, what's left of it. Happy testing



We can only hope it gets dumped.

[recove52]

and prob. what led to the above..as after the hack .....obviously to gain info ..and access to the info...anybodys guess :noidea:

[fifties]

Quote Originally Posted by montanamom View Post
well, defendants (aba) only won round one but will surely lose out on the rest of the rounds...this does, however, allow them the time they need to " secretly" dump their database and/or hardware, what's left of it. Happy testing
We can only hope it gets dumped.
Ain't no thing...The site owner is the only one with his azz exposed. It's not illegal to be a member of a satellite piracy website, regardless of what spin the provider tries to promote.

[hayman]

figured it was a matter of time, a lot of members there

[tvtowatch]

just joined there last week,man am i behind the times

[fdsajk]

I was member there long time ago and did not visit more than two years.

[HammerSet]

a hacked database cannot be use legally

although they have legal log of the forum post, mainly upload, since 2004

right now they have to battle against this:

proposed order granting agreed preliminary injunction

[HammerSet]

no new official docs yet, but there is this post at abadss


1 Day Ago #1 (permalink)
admindv
Site Owner





Join Date: Aug 2004
Posts: 1,659
Thanks: 76
Thanked 2,422 Times in 545 Posts ABAdss.com commitment to Anti-Piracy Files.

--------------------------------------------------------------------------------

ABA Family,

As you know, for many months we have not allowed any kind of third party firmware to be on the site. You will see a banner prominently displayed on the right sidebar that warns people not to upload piracy related files.

We have agreed to display this banner on the site to confirm our commitment to not allow piracy related files on the site.

Nothing has really changed, we are doing the same thing we have been doing for months. We just didn't want you to stumble on the banner and think the site was compromised or fall prey to rumors. The site is still safe, the site is still up, the site is still under the same ownership.

We appreciate all of the support you have shown over the past few months. We have had a 10% traffic growth over the past 60 days. Thank you again for your support while we take measures to make sure ABAdss.com is still a home for everyone.
__________________


this pic say to go to nagarastar forum for more detail about antipiracy, :okay:

[Kermit]

That site just doesn't post anymore illegal files and also doesn't support any private service. Dish always seems to go after the most popular fta sites. I hope this doesn't happen to this site

[msc117]

got a email yesterday from abadss.com telling me that I was a member of the site and may be contacted....haven't been there in years....

[andyb2]

got a email yesterday from abadss.com telling me that I was a member of the site and may be contacted....haven't been there in years....

Whoever was a member will get one even if you never posted.Mass email to all registered users.

"Dear abadss.xxx member,

The United States District Court for the Middle District of Florida (Tampa Division) has entered a final judgment against abadss.xxx finding it in violation of the DMCA and other federal statutes and finding that the satellite receiver software distributed on abadss.xxx “was primarily designed, marketed and used to facilitate piracy of DISH Network programming.” DISH and NagraStar were awarded $8,993,600.00 in statutory damages.

The website abadss.xxx, including all user records, posts, and files have been forfeited to DISH and NagraStar. You should expect to be contacted by an investigator or attorney working on behalf of DISH Network and NagraStar."

[abby]

what if you no longer have that email....lol

[Night Prowler]

what if you no longer have that email....lol

my best guess would be...........you won't receive it???? :lol:

[abby]

im calling scar tatic on this one...

[kdawg64]

agree musky,,, hopefully they stop by today, I have lots of yard work to do and can use the extra hands.

[Tubbs]

Whoever was a member will get one even if you never posted.Mass email to all registered users.

"Dear abadss.xxx member,

The United States District Court for the Middle District of Florida (Tampa Division) has entered a final judgment against abadss.xxx finding it in violation of the DMCA and other federal statutes and finding that the satellite receiver software distributed on abadss.xxx “was primarily designed, marketed and used to facilitate piracy of DISH Network programming.” DISH and NagraStar were awarded $8,993,600.00 in statutory damages.

The website abadss.xxx, including all user records, posts, and files have been forfeited to DISH and NagraStar. You should expect to be contacted by an investigator or attorney working on behalf of DISH Network and NagraStar."


Come ON....
So what the flip is this BS from Dick..
So your telling me, because I would go to that site and just look around, I'm in violation of the DMCA and other digital melliaum acts and laws????

I say STICK IT.

The communist and Chinese have taken over the US, so it seems!!
They must be using the constitution for rolling papers!