Daily Archives: April 20, 2017


IBCAP Applauds Successful Copyright and Trademark Infringement Lawsuits

International Broadcasters and DISH Win Lawsuits Against Shava TV, Cres IPTV, and Lool IPTV

April 20, 2017 — The International Broadcaster Coalition Against Piracy  (IBCAP) congratulated a number of its members for winning a lawsuit against Imran Butt and Naeem Butt, who both operated the Shava TV and Cres IPTV over-the-top streaming services and sold IPTV boxes that retransmitted television channels and used programmer logos without permission. The lawsuit was filed in the U.S. District Court for the Eastern District of Virginia to stop the unauthorized digital streaming and distribution of South Asian and Arabic television channels in the United States. IBCAP members who filed the lawsuit sought to protect their copyrights in channels such as Sony Entertainment, Star Plus, Aapka Colors, Zee TV, ARY Digital, B4U, Geo TV, Channel-I, ATN Bangla, MBC, Al Jazeera, Iqraa and Murr TV.  In addition to an injunction prohibiting the continued infringement of plaintiffs’ rights in their copyrights and trademarks, the court also awarded $25,650,000 in damages against Imran Butt and Naeem Butt.  IBCAP also applauded enforcement of the order against retailers and other sellers of the Shava TV and Cres IPTV services.

A similar judgment was reached last month when the U.S. District Court for the Southern District of Texas ruled that the owners of the Lool IPTV service unlawfully streamed international television channels to users in the United States. The court also found that Lool violated exclusive rights by encouraging the use of Lool IPTV boxes to share pirated content between users. This decision also impacts dealers who promote or sell the Lool devices and the ISPs that support the service, and enforcement of the order will work to end use of the Lool IPTV service in the United States.

“The outcome of these lawsuits is another important message that unlawful transmissions of copyrighted content will not be tolerated,” said Chris Kuelling, Executive Director of IBCAP, a coalition formed to prevent the unauthorized distribution of international television content. “These lawsuits once again demonstrate that content owners can successfully fight against digital streaming piracy to protect customers from unauthorized services,” Kuelling concluded.

A copy of the filing against the Shava and Cres IPTV services in the U.S. District Court for the Eastern District of Virginia can be found here.

A copy of the filing against the Lool IPTV service in the U.S. District Court for the Southern District of Texas can be found here.


Piracy Dealt Another Blow as Court Rules Against Providers of Shava and Cres Streaming TV Services

In another blow to peddlers of illicit video piracy services, the U.S. District Court for the Eastern District of Virginia ruled to shut down unauthorized digital streaming and distribution by the providers of the Shava and Cres TV set-top boxes and awarded more than $25 million in damages.

“This decision reinforces the fact that services streaming video without copyright authorization are blatant infringers and will be held accountable by the courts,” said Alex Fonoroff, senior corporate counsel at DISH. “Enforcement efforts are underway, and as ISPs terminate service to the Shava and Cres networks we expect to see piracy on these boxes come to an end.”

“Perpetrators of pirate TV services think they can get away with it, but as this ruling proves, it’s only a matter of time before the law puts an end to illegal streaming schemes,” said Jaideep Janakiram, SVP International Business- Head of the Americas at Sony, whose subsidiary MSM Asia Ltd. was a plaintiff in the case. “The defendants deceived customers by illegally using our broadcast feed and logo, making the service look legitimate. Dealers and consumers must educate themselves on legal alternatives, otherwise, they will continue to waste their money on products that will become worthless.”

Filed in June 2015, the lawsuit brought claims for copyright infringement, trademark infringement and unfair competition by the makers of the Shava TV and Cres IPTV devices, which retransmitted Arabic and South Asian entertainment. The defendants profited by capturing live broadcast signals of protected channels, then transcoding those signals for Internet streaming. They then retransmitted the channels using a peer-to-peer network, in which users of the box inadvertently send content to other users.

In addition to the unauthorized transmission of video content, the providers of the Shava and Cres streaming services also unlawfully used logos and trademarks of the plaintiffs, giving the false impression that the service was legitimate.

The court awarded a total of $25,650,000 in damages to plaintiffs for unauthorized distribution of copyrighted works. Plaintiffs in the case include DISH Network L.L.C., Al Jazeera Media Network, Asia TV USA Ltd., B4U U.S., Inc., GEO USA LLC, Impress Telefilm, Inc., MBC FZ LLC, MSM Asia Ltd., Soundview Broadcasting LLC, Soundview ATN LLC, Star India Private Ltd. and Viacom18 Media Private Limited.

Following the ruling, the plaintiffs are working with ISPs, CDN’s and others to enforce the injunction.

A copy of the judgement can be found here, and the original complaint can be found here.


Court Blocks Lool IPTV Service and Sellers from Continued Piracy; Awards DISH over $1 Million

 

  • Lool IPTV service owners found to have unlawfully transmitted foreign language television channels
  • Ruling also impacts dealers who promote or sell the Lool IPTV device

 

A federal court has ruled that the owners of the Lool IPTV service unlawfully streamed international television channels to users in the United States in violation of rights held by DISH. As part of the ruling, the U.S. District Court for the Southern District of Texas ordered a $1,050,000 judgement in favor of DISH from defendants Lool Tech Co., Limited and Shenzhen Bilinren Technology Co., Ltd., d/b/a Shenzhen Lool Tech Co., Ltd.

“DISH works diligently with international programmers to legally deliver their content to consumers in the United States,” said Alex Fonoroff, senior corporate counsel at DISH. “This judgment makes it clear that the courts will not stand by and allow unauthorized services like Lool to profit at the expense of consumers, programmers, and lawful providers.”

According to the court’s final judgement, the Lool defendants retransmitted channels in which DISH holds exclusive rights, and copyrighted works that air on those channels, to users of their Lool IPTV service. In doing so, the court held that Lool directly infringed DISH’s exclusive rights to distribute and publicly perform the works that air on the channels.

The court also found that Lool further violated DISH’s rights by using the Lool IPTV boxes to share pirated content between users, and that the Lool defendants encouraged this activity rather than taking simple steps to prevent it. As a result of the ruling, the Lool defendants and entities affiliated with them, including retailers and other sellers of the Lool IPTV device, are permanently enjoined from copying, retransmitting, distributing, and promoting channels in violation of DISH’s rights.

DISH is enforcing the order against retailers who sell the Lool IPTV box and similar devices, including working with local investigators to identify retailers who sell the Lool IPTV box.  DISH is also enforcing the order against internet service providers that support the defendants’ service, which will result in the partial or complete termination of the Lool IPTV service for users in the United States.

A copy of the Lool complaint can be found here, and a copy of the ruling can be found here.

DISH was represented in the Lool lawsuit by the law firm of Hagan Noll & Boyle LLC.