Dish Network LLC et al v. Dimarco et al (Coolsatellite & Satmonster)

[Gravedigger]

January 5 2012

Dish Network L.L.C. Echostar Technologies L.L.C and Nagrastar L.L.C

v.

Andrew Dimarco, David Dimarco, Digital Warehouse, Inc and Does 1 to 10
individually and together
ORDER Granting 7 Motion for Preliminary Injunction and Impoundment. Signed by Chief Judge Robert C. Jones on 1/5/12.
Dish Network LLC, Echostar Technologies and Nagrastar LLC Digital Warehouse, Inc., Andrew Dimarco and David Dimarco
2:2011cv01962 December 7, 2011
Nevada District Court Las Vegas Office Robert C. Jones Peggy A. Leen
Other Statutes - Cable/Satellite TV Civil Miscellaneous Case None

[stman]

I'd been expecting that since their host blocked access to the site. Sad news.

[yappapi]

i have always thought ftadungles was related somehow as the site looked the same as cs and sm.
i just went to dungles site and it all in french now selling whatever...not fta.
maybe dungles slipped by...hope so.

[Anubis]

i have always thought ftadungles was related somehow as the site looked the same as cs and sm.
i just went to dungles site and it all in french now selling whatever...not fta.
maybe dungles slipped by...hope so.
It is an french version of eMule for downloading movies etc.

[JCO]

Well any retail operation that has a place of business in North America that was selling hubs that came with Warantee codes that when used gave access to a IKS server was looking for trouble.. It was only a question of time..

[stman]

I'm surprised that they lasted this long. Dish must have been letting the numbers roll up for a big hit.

[stman]

It is an french version of eMule for downloading movies etc.

I was on the ftadungles.com site the other day and it was up. Those same links are going to not found on this server now.

[yappapi]

dungles up yesterday.
today they became emule..lol

[stman]

I was on the ftadungles.com site the other day and it was up. Those same links are going to not found on this server now.

Just to be clear, the www prefix was the fta site. The ftadungles with no www is the e-mules site.

[yappapi]

this is what i have book marked that still works but now has emule instead of fta stuff as of today.
hxxp://ftadungles.com/
maybe we are saying the same thing.

[Anubis]

This is a responce I got from someone in the know regarding the coolsatellite situation...

"no impound. just served with papers and fighting it with lawyer,since nothing is illegal unless tampered with. still selling."

Personally can't see it being a succesful fight but give them credit for stepping up to plate.

[ripp]

It will pretty much comes down to $$$$, DN and deep pockets will bully all in FTA and get there way unless these Dimarco guys also have deep pockets.

SV had the same problems and not enough $$$ to fight it.

[af_newbie]

Wow, it looks like they are coming down hard....

[Satro]

We all know whats what but I'm still trying to follow the legal argument. How can someone be sued for selling an FTA receiver that doesn't steal dn signals unless modified?

I've heard of xbox 360's that can play burned games if modified yet I don't see capcom, sega, ea sport, etc suing m.s. because they are selling devices that can be hacked and can be used to steal their property. So what that an FTA box can be hacked and modified what the hell does that have to do with the manufacturer?

[dcdistro]

by the way it reads not for receivers able to receive true fta its the dongles / hubs and the serial codes provided in the warranty packages to get access to oks servers is what got them pinched.

i guess with enough money they can turn any government to communists...

[johnwayne_1]

I see the coolsatellite site open again.
C&P from there site

Judge reverses injunction order in favor of Coolsatellite. For the time being we will no longer carry the Wizhub Ethernet to rs232 adaptors. We are also changing how we offer our standard electronics hardware warranty's. You will not longer be issued a transaction ID with purchase of any hardware warranty's. We will use your email address and purchase information to verify that you've purchase a extended hardware warranty. This means you will not have to send your hardware transaction ID when trying to get repairs or replacements on your hardware anymore. We will continue to protect the rights of our users and thank you all for your business.

[Anubis]

Unless the court docs are floating around that state this I would tread carefully.
The last we heard was a court injuction with proof of docs.

[profit]

I can only assume that there has been a Deal made.

[ITS ME!]

I can only assume that there has been a Deal made.Must of been some deal cut for sure. I found this at the coolsatellite site:

Coolsatellite Back Online Court restores Coolsatellite website. The wizhub Ethernet to rs 232 adapters are no longer available. Hardware warranties will no longer be issued a number, warranties will be verified thru order and email information and an RMA issued prior to return of defective item. Coolsatellite will continue to protect the rights or it's users. Thank you for your past business and understanding in our brief absence.

[Night_Predator]

Well I would be very careful. No more number but will use your email and order “information”. I wonder just what kind of a deal they came to.

[humberto]

echostar recievers can be modified just like the hubs

when will we see the nagra vs echostar lawsuit

[elk10]

That just shows the injunction was reversed by the courts. There has never been a trial or charges brought. You are still innocent in the US until found guilty by a court trial. This is not the first...

[Gunsmoke2 - GS2]

This is a bit complicated due to errors and mis communication by parties mostly by Plaintiffs who seemed to negade on a agreement on the injunction to set aside till the defendants had the...

[Gunsmoke2 - GS2]

This is a responce I got from someone in the know regarding the coolsatellite situation...

"no impound. just served with papers and fighting it with lawyer,since nothing is illegal unless tampered with. still selling."

Personally can't see it being a succesful fight but give them credit for stepping up to plate.


That simply is not true. Have we not seen Coolsat, Viewsat, Pansat just to name a few taken down when they did not physically tamper with the units themselves. They offer receivers, dongles, 8SPK Turbo module, extended warrantry codes and direct customers by web link to a piracy site for support and through live online chat sessions according to allegations filled by plaintiffs in their complaint.

Not to be negative but reality shows that their chances of success in court on the big picture is very unlikely. Naturally they are trying to downplay it with nothing illegal and still selling to keep up more sales but where do you think this will end up. Have attached the complaint.



GS2

[fifties]

Have we not seen Coolsat, Viewsat, Pansat just to name a few taken down when they did not physically tamper with the units themselves.

GS2
Well let's keep the history straight;

they were taken down when the providers could finally establish a link between the FTA STB makers and the coders. Remember the umpteen hundred counts against TDG, each for a bin he posted? Those were the illegal smoking guns.

Although there may have been a suit against a Sonicview dealer for providing 8 PSK boards capable of receiving DN's proprietary Turbo 8 Forward Error Correction HD transponders, it would have been ancillary to the major tort of the software being provided by a third party, but paid for by Sonicview/Viewsat/Pansat/etc.

[Gunsmoke2 - GS2]

Well let's keep the history straight;

they were taken down when the providers could finally establish a link between the FTA STB makers and the coders. Remember the umpteen hundred counts against TDG, each for a bin he posted? Those were the illegal smoking guns.

Although there may have been a suit against a Sonicview dealer for providing 8 PSK boards capable of receiving DN's proprietary Turbo 8 Forward Error Correction HD transponders, it would have been ancillary to the major tort of the software being provided by a third party, but paid for by Sonicview/Viewsat/Pansat/etc.


Not sure what your trying to keep straight. I basically replied and said they took down players who had not physically modified/tampered receivers themselves. The poster said theres nothing illegal unless tampered with. I said thats simply not true because there are several found illegal that did not tamper themselves. That is keeping the history straight. TDG did not need to tamper with the receiver himself. He basically lost in my opinion for posting files that assisted others to breach the law not that he was found to be tampering physically with receivers.


The poster was implying from what I read that theres nothing illegal happening with that case because there is no tampering. If the allegations are proven true then there can be possible illegality just by assisting others to breach the law whether there is a connection to a coder or not, it does not matter.


Naturally the vendor is saying nothing illegal is happening but with any that may have concerns we should know by now that whether its a vendor tring to continue selling or the plaintiff playing propoganda neither one is neutral and both very biased. Your not going to see the Plaintiff write on Satscams about the order by the judge on the injunction going against them. After reading the complaint with now being 2012 and after seeing so many court results I don't think in my opinion this appears a case that will have a good result either for the defendants but you never know, they were successful in getting the injuction changed.


GS2

[Anubis]

Not sure what your trying to keep straight. I basically replied and said they took down players who had not physically modified/tampered receivers themselves. The poster said theres nothing illegal unless tampered with. I said thats simply not true because there are several found illegal that did not tamper themselves. That is keeping the history straight. TDG did not need to tamper with the receiver himself. He basically lost in my opinion for posting files that assisted others to breach the law not that he was found to be tampering physically with receivers.


The poster was implying from what I read that theres nothing illegal happening with that case because there is no tampering. If the allegations are proven true then there can be possible illegality just by assisting others to breach the law whether there is a connection to a coder or not, it does not matter.


Naturally the vendor is saying nothing illegal is happening but with any that may have concerns we should know by now that whether its a vendor tring to continue selling or the plaintiff playing propoganda neither one is neutral and both very biased. Your not going to see the Plaintiff write on Satscams about the order by the judge on the injunction going against them. After reading the complaint with now being 2012 and after seeing so many court results I don't think in my opinion this appears a case that will have a good result either for the defendants but you never know, they were successful in getting the injuction changed.


GS2

Get it straight my friend.
I personally did not imply anything and I sure as heck did not say that nothing was illigal unless tampered with. I quoted the information passed to me by someone that knew what was going on.
I also said based on the passed on information that they were fighting it which they did. They litigated and came out successful.

[Gunsmoke2 - GS2]

Get it straight my friend.
I personally did not imply anything and I sure as heck did not say that nothing was illigal unless tampered with. I quoted the information passed to me by someone that knew what was going on.
I also said based on the passed on information that they were fighting it which they did. They litigated and came out successful.


Well I was not refering specially to you since you just copied it but the poster who actually wrote that comment. The litigation is far from being over. If they went to Trial which would be extremely unlikely that could be a couple of years away.



GS2

[Anubis]

If it was a statement by a poster I would have flaged it as a c/p and gave credit to the poster. I said &quot;someone in the know&quot;. I don't think I need to expand further on that. ;) <br />
<br />
<br />
As for going to...

[Gunsmoke2 - GS2]

I think it will be over much sooner and will not make it to trial for a few reasons. But if it ever was to go to trial it could take a couple of years. <br />
<br />
<br />
GS2