Echostar Files Lawsuit Against Freetech ( Coolsat)

[Gunsmoke2 - GS2]

It was just filed on Dec 4th, 2007. The complaint is not online yet. Below is the docket entries.



U.S. District Court
California Northern District (San Francisco)
CIVIL DOCKET FOR CASE #: 3:07-cv-06124-EMC

Echostar Satellite LLC et al v. Freetech Inc
Assigned to: Magistrate Judge Edward M. Chen
Cause: 17:101 Copyright Infringement
Date Filed: 12/04/2007
Jury Demand: Plaintiff
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question
Plaintiff
Echostar Satellite LLC
a Colorado Limited Liability Company represented by Roy Kyo McDonald
DLA Piper US LLP
153 Townsend Street
Suite 800
San Francisco, CA 94107-1957
415-836-2547
Fax: 415-836-2001
Email: roy.mcdonald@dlapiper.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen Andrew Chiari
DLA Piper US LLP
153 Townsend Street
Suite 800
San Francisco, CA 94107-1907
415-836-2520
Fax: 415-836-2501
Email: stephen.chiari@dlapiper.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Echostar Technologies Corporation
a Texas Corporation represented by Roy Kyo McDonald
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen Andrew Chiari
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Nagrastar LLC
a Colorado Limited Liability Company represented by Roy Kyo McDonald
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen Andrew Chiari
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


V.

Defendant
Freetech Inc
a California corporation


Date Filed # Docket Text
12/04/2007 1 COMPLAINT; summons issued against Freetech Inc (Filing fee $ 350, receipt number 34611013075). Filed by Echostar Satellite LLC, Echostar Technologies Corporation, Nagrastar LLC. (slh, COURT STAFF) (Filed on 12/4/2007) (Entered: 12/05/2007)

12/04/2007 2 Certificate of Interested Entities or Persons identifying Corporate Parent Echostar DBS Corporation, Other Affiliate Echostar Communications Corporation, Other Affiliate Echostar Orbital Corporation for Echostar Satellite LLC, Echostar Technologies Corporation; Corporate Parent Echostar Communications Corporation, Corporate Parent Kudelski SA for Nagrastar LLC. (slh, COURT STAFF) (Filed on 12/4/2007) (Entered: 12/05/2007)

12/04/2007 3 ADR SCHEDULING ORDER: Case Management Conference set for 3/12/2008 01:30 PM. Case Management Statement due by 3/5/2008. (Attachments: # 1 EMC Standing Order, # 2 Case Management Standing Order)(slh, COURT STAFF) (Filed on 12/4/2007) (Entered: 12/05/2007)

12/04/2007 CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 12/4/2007) (Entered: 12/05/2007)

12/05/2007 4 REPORT on the filing or determination of an action regarding copyright infringement (cc: form mailed to register). (slh, COURT STAFF) (Filed on 12/5/2007) (Entered: 12/05/2007)

12/06/2007 5 Declination to Proceed Before a U.S. Magistrate Judge by Echostar Satellite LLC, Echostar Technologies Corporation, Nagrastar LLC and Request for Reassignment to United States District Judge. (Chiari, Stephen) (Filed on 12/6/2007) (Entered: 12/06/2007)




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[Gunsmoke2 - GS2]

The complaint is attached here.




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[Gunsmoke2 - GS2]

Here is the answer to the complaint.





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[Gunsmoke2 - GS2]

Here is an amended answer/counterclaim filed by Defendants to the complaint.




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[fixer1]

I do not think that Freetech's view on this will be welcomed by the courts, but it is an interesting view and is much like the view that people can not sue General Motors because some owners use their cars as a weapon to kill other people. They should not be held accountable for the uses that people will put their products to, beyond what their intended uses may be designed for. While Freetech can easily show that yes their products have the ability to allow people to watch many totally legal satellite transmissions, they can if they wisjh to do so can obtain certain internet posted files and information to watch channels that are not legal to be viewed without payment.

Does anyone feel that the courts will uphold this view? While I do say in a perfect world this would not be something to worry about, but this is the dark inperfect world of satellite piracy, and it has too many weak links to too many people, that will bring it all down around them. All it will take is to show that Freetech has in any way shape or form, encouraged or assisted in any files or information being posted to allow the reception of any scrambled channel that is covered by the digital millenium law, and then it will be a long hard and expensive road for them to be able fight.

In all of this does anyone think that Echo and Expressvu, have not joined sites and purchased units all while being recorded and filmed, that will show that the assistence ws there right from the start? I know in my case they followed me for 9 months prior to my arrest, and had all phone calls and such recorded and even gone thru garbage for anything to prove that I was doing this. I would think that the same was done with Freetech and all his employees and dealers. If they did not do this I would say then that maybe there will be a chance that the laws as written will be applied and Freetech will stand a chance to win, but I also think that is not a realistic view on this.

While I hope that things will work out for them, I would not bet any of my money on them being able to defend this with any real probability of winning. The air we have around us is not free anymore, in so many ways. And the courts and governments have now more then ever made it clear that you do not have the right to do just anything with that air, and you must first get their permission and license to use it to distribute anything people may want to have. The USA is one of the places where this is even more controlled. Unfortunately Canada seems to be following that road with its new copyright laws, and I encourage everyone to fight the efforts of this law in every way. It will mean that you have turned all control to the government for eachand everything you can view or read. This is a really big thing, but most people are just letting it skate by, without notice. That is not the right thing to do.

[Gunsmoke2 - GS2]

This really has nothing to do with Europe or Echostar Europe. We know that Freetech will claim the receivers are made for True FTA and they can not be used for Echostar unless modified by parties unknown to them but the whole point of this lawsuit is that Echostar alleges that Freetech aids others to circumvent their encryption by making software available to do so, so I see their submission as mounting to nothing really at this point. I fully anticipate this will go to discovery and on to trial if Coolsat decides to defend themselves to a conclusion. This is just part of the process that defendants can use to delay it much like NDS has done yet it is going to trial next month. Coolsat has no reason to rush to trial.



Does anyone feel that the courts will uphold this view?



No because they have to go to a point of seeing the plaintiff's evidence that will come if they have any at discovery.




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[Gunsmoke2 - GS2]

All the counterclaims by Freetech/Coolsat were dismissed. Here is the order. If I locate the reasons for the decision I will post it.





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