HNB wins $51 million judgment and breaks new ground in Florida Federal Court

Jan 08, 2020 Hagan, Noll & Boyle News

On January 8, 2010 the Middle District of Florida federal court granted HNB’s motion for final judgment against Robert Ward and awarded HNB’s clients $51 million in damages and injunctive relief. HNB filed suit against Ward in 2008 on behalf of DISH Network LLC and other clients in connection with Ward’s internet distribution of circumvention software that worked with Viewsat receivers to allow purchasers unauthorized access to DISH Network’s subscription-based programming. Through expert analysis and other fact discovery, HNB was able to link Ward to various online aliases including “Veracity” and “TDG” which Ward used to post the files in an effort to avoid detection. In a case of first impression for U.S. Federal Courts, HNB sought statutory damages against Ward not based on the number of files he distributed, but rather on the number of downloads each file received. After several rounds of briefing and argument, the Court sided with HNB’s clients and approved a per-download damage model as well as siding with HNB’s arguments that circumvention “software” falls within the scope of “devices” prohibited under the Federal Communications Ac
For a copy of the judgment click here