DISH Network L.L.C. v. Shah
1:24-cv-04745
N.D. Ill.Apr 17, 2025Background
- DISH Network L.L.C. and Sling TV, LLC sued Maulik Shah and Manc, Inc. for violations of the Digital Millennium Copyright Act (DMCA) related to unauthorized IPTV streaming.
- Defendants allegedly sold set-top boxes (STBs) and IPTV services that allowed users to view plaintiffs’ copyrighted channels without authorization, bypassing digital rights management (DRM) protections.
- Defendants continued their infringing activities despite receiving cease and desist letters from plaintiffs in June and July 2023.
- The defendants failed to participate in the litigation, including ignoring discovery, not appearing in court, and failing to respond to requests for admission.
- Plaintiffs moved for summary judgment, seeking statutory damages for 9,901 sales of unauthorized IPTV services at the maximum penalty amount under the DMCA.
- The Magistrate Judge recommended default judgment, but the District Judge instead ruled on plaintiffs' summary judgment motion, adopting the factual findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Violation of DMCA §§ 1201(a)(2) and 1201(b)(1) | Defendants sold devices/services to circumvent DRM | No substantive participation or defense | Defendants violated DMCA by trafficking in circumvention tools |
| Appropriateness of maximum statutory damages | Defendants’ actions were willful and extensive; need for deterrence | No meaningful response | Awarded maximum statutory damages: $24,752,000 |
| Justification for permanent injunction | Monetary remedies inadequate; irreparable harm | No meaningful response | Permanent injunction granted against future infringement |
| Admissibility of plaintiffs' factual claims (discovery failings) | Defendants defaulted on discovery, so facts deemed admitted | No response | Plaintiffs’ facts deemed admitted |
Key Cases Cited
- McDaniel v. Progress Rail Locomotive, Inc., 940 F.3d 360 (7th Cir. 2019) (summary judgment standard—court must view evidence in light most favorable to non-movant)
- Sarver v. Experian Info. Sols., 390 F.3d 969 (7th Cir. 2004) (summary judgment standard—no genuine issue where record cannot support non-movant)
- Chi-Boy Music v. Charlie Club, Inc., 930 F.2d 1224 (7th Cir. 1991) (courts have discretion in awarding statutory copyright damages)
- eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (2006) (permanent injunction standard in copyright cases)
- Helene Curtis Indus., Inc. v. Church & Dwight Co., 560 F.2d 1325 (7th Cir. 1977) (balance of hardships in injunctive relief)
- Concrete Mach. Co. v. Classic Lawn Ornaments, Inc., 843 F.2d 600 (1st Cir. 1988) (public interest not disserved by injunction in copyright case)