Tirconnell
09-21-2007, 04:44 PM
Legal Updates for EchoStar
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EchoStar's named popped up twice this week with regards to legal squabbles the company is presently dealing with. The two separate cases involve a piracy-related dispute with a satellite receiver manufacturer and another in a patent infringement case with Forgent.
First, free-to-air satellite receiver manufacturer Viewtech recently asked a federal court in San Diego to dismiss the lawsuit EchoStar filed against it. Viewtech claims it has played no active role in the theft of DISH Network programming.
Earlier this year, EchoStar and its content security partner Nagrastar filed suit against the manufacturer alleging Viewtech sells its FTA receivers specifically designed to pirate DISH Network signals. The lawsuit also claims Viewtech schemes with dealers to distribute software on the internet that allows consumers steal the company's programming.
In filing for dismissal, Viewtech said manufacturers and distributors of the FTA boxes cannot be found liable for the piracy of end-users. "In this case, (EchoStar and Nagrastar) allege that (Viewtech) distributes certain satellite receivers that are allowed to accept the download of pirate software which enables users to receive programming without having to pay," Viewtech said. The company went on to say that neither EchoStar nor Nagrastar can prove that Viewtech or its president Jung Kwak "actually intercept, disclose or use such intercepted programming."
The company also said EchoStar is unable to sue Viewtech for violating copyright law because the company does not hold rights to the content it delivers.
In other legal news for DISH, the company said Forgent failed to appeal an earlier unanimous jury verdict that found a DVR patent EchoStar allegedly violated to be invalid. With Forgent not appealing the May decision, EchoStar officials said the case between to two disputing sides is now over.
As ordered by the court, Forgent paid EchoStar $90,000 in costs.
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EchoStar's named popped up twice this week with regards to legal squabbles the company is presently dealing with. The two separate cases involve a piracy-related dispute with a satellite receiver manufacturer and another in a patent infringement case with Forgent.
First, free-to-air satellite receiver manufacturer Viewtech recently asked a federal court in San Diego to dismiss the lawsuit EchoStar filed against it. Viewtech claims it has played no active role in the theft of DISH Network programming.
Earlier this year, EchoStar and its content security partner Nagrastar filed suit against the manufacturer alleging Viewtech sells its FTA receivers specifically designed to pirate DISH Network signals. The lawsuit also claims Viewtech schemes with dealers to distribute software on the internet that allows consumers steal the company's programming.
In filing for dismissal, Viewtech said manufacturers and distributors of the FTA boxes cannot be found liable for the piracy of end-users. "In this case, (EchoStar and Nagrastar) allege that (Viewtech) distributes certain satellite receivers that are allowed to accept the download of pirate software which enables users to receive programming without having to pay," Viewtech said. The company went on to say that neither EchoStar nor Nagrastar can prove that Viewtech or its president Jung Kwak "actually intercept, disclose or use such intercepted programming."
The company also said EchoStar is unable to sue Viewtech for violating copyright law because the company does not hold rights to the content it delivers.
In other legal news for DISH, the company said Forgent failed to appeal an earlier unanimous jury verdict that found a DVR patent EchoStar allegedly violated to be invalid. With Forgent not appealing the May decision, EchoStar officials said the case between to two disputing sides is now over.
As ordered by the court, Forgent paid EchoStar $90,000 in costs.