Dish Network End-user Demand Letters
(Dark Angel Lawsuit)
C & P
Dark Angel Lawsuit information:
Dish Network v. Justin Tabish/Dark Angel Defendants
Supreme Court of British ColumbiaDish Network LLL, EchoStar Technologies LLC and NagraStar LLC
Justin Tabish, Justin Tabish d.b.a. www. dark-angel. ca, John Doe, Jane Doe and other persons unknown who have conspired with the named Defendants
NOTICE OF CLAIM
The defendant Justin Tabish is an individual residing at **** T****** Avenue, Sechelt, British Columbia. At all times, Tabish carried on business in his own right and/or as one or more of the following:
( a ) www .dark-angel. XXXXXXXXXXX
( b ) www .darkangel. XXXXXXXXXXX
(collectively, the "Websites").
Full addies removed by LBB
Tabish is the owner, operator, and directing mind of the Websites and was actively involved in and/or had personal knowledge of their unlawful activities, as described herein, and as such is personally liable for their acts and omissions.
For convenience, Tabish and the Websites are referred to collectively as the "Dark Angel Defendants".
The Dark Angel Defendants' primary business is to sell, distribute, provide, traffic in and offer for sale, or participate in the sale, distribution, provision, trafficking in and offering of illegal subscription services to DISH Network Programming.
The Defendants John Doe, Jane Doe and other persons unknown (collectively, the "Co-Conspirators") are persons, the identity of whom is unknown to the Plaintiffs but known to the Dark Angel Defendants, who have aided or abetted the Dark Angel Defendants in carrying out their business undertaking and/or unlawfully received or decoded DISH Network Programming obtained through the Dark Angel Defendants, and who have otherwise conspired with the Dark Angel Defendants as set out herein.
SUMMARY OF THE DARK ANGEL DEFENDANTS & CO-CONSPIRATORS' ILLEGAL CONDUCT
The Dark Angel Defendants and the Co-Conspirators
( a ) sold, distributed, provided, trafficked in, marketed, and offered for sale "private blocker software", which previously enabled end-users to steal DISH Networking Programming;
( b ) established and operated, or assisted in establishing and operating, the IKS servers available via the Websites (the "Dark Angel IKS Servers"), which distribute Control Words to enable end-users to steal DISH Network Programming;
( c ) sold and offered for sale through the Websites subscriptions to the Dark Angel IKS Servers, with a variety of DISH Network Programming packages;
( d ) designed, developed, manufactured, sold, or participated in the design, development, manufacture and sale of "iCEBOX" piracy devices, that are intended to and may be used to obtain access to Control Words through the Dark Angel IKS Servers to enable end-users to steal DISH Network Programming using DISH Network receivers modified for piracy purposes;
( e ) created and distributed piracy software and satellite hardware modified for piracy purposes, including by developing IKS Server hardware, that includes an internal computer and multiple Access Card readers, thereby creating a self-contained IKS Server configuration with all required components built into one "box";
( f ) operated the Websites to disseminate software, information, and instructions to facilitate the theft of DISH Network Programming'
( g ) made available for download from the Websites piracy software files and how-to guides for piracy;
( h ) solicited others to provide "TSOP" images of DISH Network receivers and to activate subscriptions to support the operation of the Dark Angel IKS Servers, thereby inducing them to breach their Residential Customer Agreements with DISH Network; and
( i ) assisted, aided, and abetted other persons in carrying out piracy activities to steal DISH Network Programming.
(Document 1: S-105265-Notice of Civil Claim-07232010)