Dish Network, L.L.C. v. Whitehead, 3:09-cv-00532

DISH Network L.L.C., EchoStar Technologies L.L.C., and NagraStar L.L.C. sue Tab Whitehead for DMCA and Communications Act violations related to distributing DISH Network piracy software via his websites.
Plaintiffs allege Whitehead distributed software that enables decryption of DISH Network signals and that the software was primarily used for piracy (Nagra 2 card-hack and IKS).
Whitehead owned and operated the websites fta4world.com and nag3iks.com, which offered piracy software for download and charged a subscription; he acknowledged site ownership and control in records.
Evidence shows third parties downloaded the piracy files from Whitehead’s sites on multiple occasions, with Whitehead’s conduct including disclaimers and attempts to sell the illicit business.
The court found the DISH Network security system to be an access control measure under DMCA §1201 and that Whitehead’s distribution of piracy software violated §605(e)(4).
The court granted summary judgment on Counts I and III, awarded statutory damages of $3,000 under the DMCA, issued a permanent injunction, and ordered permanent seizure/possession of seized items.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Whitehead distributed piracy software in violation of 47 U.S.C. §605(e)(4).	Whitehead distributed piracy files via his sites.	Whitehead did not control or distribute the files personally.	Yes; Whitehead distributed piracy devices via his sites.
Whether the piracy software violated the DMCA §1201(a)(2).	The files enabled circumvention of DISH’s access controls.	No DMCA violation due to lack of control over distribution.	Yes; the files were marketed/trafficked to circumvent access controls.
Whether statutory damages and injunctive relief are appropriate.	Seek damages and injunction to deter future violations; elect DMCA remedies.	None provided beyond general defenses; minimizes damages.	DMCA statutory damages awarded; permanent injunction granted.
Whether the assets seized should be permanently owned by Plaintiffs.	Permanent possession of seized items appropriate for enforcement.	Consent to possession but no alternative argument stated.	Plaintiffs awarded permanent possession of seized assets.

Robson v. DirecTV, Inc., 420 F.3d 532 (5th Cir. 2005) (descrambling encrypted satellite signals falls within §605(a) and is relevant to §605(e)(4))