Court Orders SportsBay To Pay Almost Half a Billion Dollars For Violating DMCA
An anonymous reader quotes a report from TorrentFreak: In the summer of 2021, DISH Network and Sling filed a copyright lawsuit against four unlicensed sports streaming sites, among them the popular SportsBay.org. After the plaintiffs named two alleged operators of the sites, this week a court in Texas held the pair liable for almost 2.5 million violations of the DMCA's anti-circumvention provisions and almost half a billion dollars in damages. [...] The complaint alleged that the unknown defendants circumvented (and provided technologies and services that circumvented) security measures employed by Sling and thereby provided "DISH's television programming" to users of their websites. The plaintiffs requested a permanent injunction, control of the defendants' domains, and damages of up to $2,500 for each violation of the DMCA's anti-circumvention provisions. According to DISH's first amended complaint filed in January 2022, information obtained from the third-party service providers enabled the company to identify two men responsible for operating the SportsBay sites. Juan Barcan, an individual residing in Buenos Aires, Argentina, used his PayPal account to make payments to Namecheap and GitHub. Juan Nahuel Pereyra, also of Buenos Aires, used his PayPal account to make payments to Namecheap. On January 20, 2022, DISH sent a request to the Argentine Central Authority to serve Barcan and Pereyra under the Hague Convention. On October 31, 2022, the Central Authority informed DISH that Pereyra was served in Buenos Aires on September 14, 2022. Barcan was not served so after obtaining permission from the court, DISH served Barcan via a Gmail address used to make payments to Namecheap for the Sportsbay.org, Live-nba.stream, and Freefeds.com domain names. When the defendants failed to appear, DISH sought default judgment. [...] In his order (PDF) handed down yesterday, District Judge Charles Eskridge entered a default judgment against Juan Barcan and Juan Nahuel Pereyra for violations of the DMCA's anti-circumvention provisions. The defendants and anyone acting in concert with them are permanently enjoined from circumventing any technological protection measure that controls access to Sling or DISH programming, including through the use of websites or any similar internet streaming service. Then comes the award for damages. "Plaintiffs are awarded $493,850,000 in statutory damages against Defendants, jointly and severally, for Defendants' 2,469,250 violations of section 1201(a)(2) of the DMCA," the order reads.
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