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American court decision SportsBay violate DMCA indemnity 5 Hundreds of millions of dollars

2021 years 7 month, American broadcasting company DISH Network (Hereafter called DISH) And subsidiaries Sling TV (Hereafter called Sling) In federal District Court in Texas vs SportsBay. org, SportsBay. tv, Live-NBA. stream and Freefeds. com this 4 The unidentified operator of a website filed a copyright lawsuit.


allege, The unidentified defendant evaded it Sling Security measures adopted (Technologies and services to circumvent these measures are provided) , Thus provided to its website users "DISH The TV program of" .


According to the bill, The defendant evaded "United States Code" The first 17 ranking 1201 article (a) paragraph (1) item (A) The technical measures specified in the subitem, And circumvent technology and services by trading on the website, violated "United States Code" The first 17 ranking 1201 article (a) paragraph (2) Provision of item. The plaintiff asked for a permanent injunction, Control of the defendant's domain name, And for each violation "Digital Millennium Copyright Act (DMCA) " The action against the circumvention clause has the highest compensation 2500 U. S. dollar.


2021 years 9 Beginning of month, District Judge Charles.Oh, Esquidge (Charles Eskridge) Be approved DISH Request of, Start to include Namecheap and WhoisGuard, Tucows, Cloudflare, DigitalOcean, Google, Third-party service providers, including Facebook and Twitter, served subpoenas, The aim is to identify these still unknown website operators. The same month, The websites listed in the lawsuit disappeared.


DISH Identification of the accused in Argentina


On the basis of DISH in 2022 years 1 The first amended complaint filed in October, The information the company received from third-party service providers led it to determine 2 Name responsible for operation SportsBay Man of the site.


Juan lives in Buenos Aires, Argentina.Balkan (Juan Barcan) Use it PayPal Account direction Namecheap and GitHub payment. Juan, who also lives in Buenos Aires.Nevers.Pereira (Juan Nahuel Pereyra) Use it PayPal Account direction Namecheap Corporate payment.


2022 years 1 month 20 day, DISH On the basis of "Hague Convention" A request was filed with the central competent authority of Argentina to serve the summons on Barkan and Pereira.


2022 years 10 month 31 day, Notice from the central administrative authority DISH, Pereira has been in 2022 years 9 month 14 He was served with a summons in Buenos Aires. Barkan was never delivered, So with the permission of the court, DISH Through a Gmail Address to serve a subpoena on Barkan, This address is used to Namecheap payment Sportsbay. org, Live-nba. stream and Freefeds. com Cost of domain name.


Due to the defendant's failure to appear, DISH Request a default judgment.


DISH Inform the court, Every time a user visits through a website link Sling Program time, Metropolitan and Live-nba. stream Establish connection, To obtain the encryption key, decrypt Sling Transmission of.


On the basis of DMCA The first 1201 article (a) paragraph (2) item, DISH Will each visit Live-nba. stream Any action of the website is considered a violation DMCA Evasive behavior, And point out in 6 Over the course of a month, The domain is said to have been received from users in the United States 2469250 This interview, DISH The minimum statutory damages under each breach are only 200 U. S. dollar, Put forward "A reasonable and conservative claim" .


DISH According to, The court shall grant the plaintiff's motion, Contravention against the defendant DMCA The first 1201 article (a) paragraph (2) nuchal 2469250 Secondary tort awarded to 4. 93850 $100 million in legal damages, And issued a permanent injunction, The defendant is prohibited from further infringement.


DISH Was awarded close 5 $100 million compensation


In a recent order, District Judge Charles.Oh, Esquidge (Charles Eskridge) Violation of Barkan and Pereira DMCA A default judgment was made against the circumvention clause.


The accused and similar actors are permanently prohibited from circumventing any control Sling or DISH Technical protection measures for program access, This includes the use of the website or any similar Internet streaming service.


Defendant for violation DMCA The first 1201 article (a) paragraph (2) The provisions of the subparagraph shall compensate the plaintiff for statutory losses 4. 93850 Hundreds of millions of dollars. (Be compiled from www. theregister. com)


TRANSLATORS: Rason group proofread: Liu Peng



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