Facing legal action from a major movie studio, ACE Alliance, Dish-Nagrastar, or the Motion Picture Association ("MPA")?
If so, the first tip is DO NOT TALK TO ANYONE and call us for a free initial consultation. We have helped hundreds, if not a thousand or more clients settle intellectual property infringement disputes since 2004. Call (877) 276-5084.
Introduction
The ACE Alliance and the MPAA take piracy of their TV and movies very seriously. If you were involved in running a service that illegally sold or distributed their copyrighted content, these trade associations may get on your back and seek a large settlement. Our firm has helped resolve these types of cases, as well as Dish-Nagrastar-Sling cases. If you receive a demand letter or, worse, a summons and complaint (indicating a lawsuit has been filed), contact us to discuss.
These companies are seeking monetary settlements and even filing lawsuits against companies that are selling products such as Tanggula box and Superbox that in their opinion allow purchasers to access paid content for no fee. They consider these to be "streaming services" that circumvent infringement controls, especially when marketed with statements such as:
- Cut the cable
- Never pay for content again
- Easy plug and play
- Free entertainment at your fingertips
- Thousands of channels with one easy payment
- All the TV content you could ever want
- Every sports game imaginable
- Ultimate Fully Loaded Android streaming device (selling pre-loaded boxes)
They typically seek settlements from $25,000 to $200,000 or more making it important to retain competent legal counsel to represent and defend.
Click here to learn more about Dish-Nagrastar-Sling cases.
Overview of Vondran Legal® IPTV Defense
Overview of Dish-Nagrastar-Sling Cases
DMCA anti-circumvention law section 1201
Cases are often brought as a violation of the DMCA anti-circumvention statute that prohibits trafficking in illegal products that enable infringement. Here is an often cited code section:
(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—
(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
(B)has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title;
or
(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
(3) As used in this subsection—
(A) to “circumvent a technological measure” means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and
(B) a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
(b)Additional Violations.—
(1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—
(A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;
(B) has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; or
(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof.
(2) As used in this subsection—
(A)to “circumvent protection afforded by a technological measure” means avoiding, bypassing, removing, deactivating, or otherwise impairing a technological measure; and
(B) a technological measure “effectively protects a right of a copyright owner under this title” if the measure, in the ordinary course of its operation, prevents, restricts, or otherwise limits the exercise of a right of a copyright owner under this title.
As noted in BOLD, there are many factual questions that need to be reviewed and examined to defend these cases.
Who is the ACE ALLIANCE?
Contact a IPTV defense law firm
We can be reached at (877) 276-5084 or fill out our contact form to receive more information. We have been helping many individuals and companies, both large and small, handle IPTV disputes which can lead to significant settlements and even lawsuits. In some cases, criminal liability (and raids) may be part of the case, requiring experienced IP defense counsel.
