Matrix Posted September 10, 2018 Share Posted September 10, 2018 American satellite and broadcast provider Dish Network is requesting a default judgment of nearly $2 million against the man behind the defunct Kodi-addon ZemTV. UK-based developer "Shani" willingly offered access to hundreds if not thousands of infringing works which hurt Dish's revenues, the company argues. Following a confidential settlement, Dish Network dismissed its lawsuit against TVAddons founder Adam Lackman last week. The dismissal didn’t apply to the other defendant in that case. ZemTV developer Shahjahan Durrani, Shani for short, remains at risk. The UK based Kodi-addon programmer initially planned to defend himself but had to give up this fight due to the high costs. As a result, Dish has now requested a default judgment of nearly $2 million. “Defendant infringed DISH’s copyrights on a massive scale by retransmitting the Protected Channels without authorization on ZemTV. Defendant transmitted the Protected Channels on ZemTV for at least 16 months from February 2016 through June 2017,” Dish informs the Texas federal court. The infringements were willful, according to Dish, as Shani indirectly received multiple takedown requests from the company. That suggests that he was aware of Dish’s complaints but continued nonetheless. If copyright infringement is ‘willful’ the rightsholder can request the maximum amount of statutory damages, which is $150,000 per work. This is exactly what Dish is going for. The company further notes that this amount will serve as a clear deterrent to Shani and other Kodi-addon developers. In addition, it offers Dish the chance to recoup some of the subscription revenues it allegedly lost. Dish argues that ZemTV infringed hundreds if not thousands of works, but limits the number in the lawsuit to thirteen titles. If the maximum amount of statutory damages for each work is granted, the total will be $1,950,000. In addition, the broadcast provider also requests an injunction preventing Shani from engaging in any copyright-infringing activities going forward. “Defendant’s clear willfulness and the strong need for deterrence, as shown by ongoing infringement in the face of numerous notices of infringement and intent to operate his service on the basis of stealing others’ intellectual property, justifies an award of $150,000 per work. “The Court should grant this motion and hold Defendant liable for damages in the amount of $1,950,000 and enter a permanent injunction, which is necessary to protect DISH’s copyrights from further infringement,” Dish writes. As ZemTV’s developer has chosen not to defend himself, there’s a high chance that Dish’s request will be granted. If that’s the case, the question remains whether Dish will ever see the full amount paid. source Link to comment Share on other sites More sharing options...
steven36 Posted September 10, 2018 Share Posted September 10, 2018 No wonder some are leaveing the kodi scene today Link to comment Share on other sites More sharing options...
jamesDDI Posted September 10, 2018 Share Posted September 10, 2018 LOL Link to comment Share on other sites More sharing options...
straycat19 Posted September 11, 2018 Share Posted September 11, 2018 5 hours ago, DonyMach1 said: If that’s the case, the question remains whether Dish will ever see the full amount paid. They may not see the whole amount but Shani won't be having an enjoyable life either. Courts historically don't allow people to keep much of their income other than that required to sustain a minimal lifestyle. Link to comment Share on other sites More sharing options...
steven36 Posted September 11, 2018 Share Posted September 11, 2018 14 hours ago, straycat19 said: They may not see the whole amount but Shani won't be having an enjoyable life either. Courts historically don't allow people to keep much of their income other than that required to sustain a minimal lifestyle. It just the depends if the UK will work with the State of Texas on it witch is highly unlikely, they didn't even extradite him so there having court without him ...Even in the USA you can owe someone money and move to another state and go to work and that state won't honor the other states court garnishee orders and they can't touch you and I know this from experience, after so long they just write the debt off as tax write off and wont bother you, if you come back to the state it happen in. Thay got paid ether way by not having to pay that much taxes, Only if you owe the Federal Government money they will make life hard on you like you say but once you retire or become disabled then even the IRS will even give up, because they cant garnish a fed check. . The court is just state court if they sued me they never get a penny because i don't live in Texas and id move to one of the the states that do not allow wage garnishment over 2 million dollars. . States that allow it the federal law says they are not allowed to take but 1. 25% of disposable earnings for that week. some follow the federal law and some states will take up to 20 to 25% of your take home pay . It just depends on witch site you live in and state laws, but your talking about someone who lives overseas i doubt they will ever see a penny . Quote UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Quote They need UK court order for an attachment of earnings, and they are unlikely to pursue it because of the costs, and in any case no English or Welsh court will enforce payment of US taxes or fines. There is otherwise no mechanism for enforcing US judgment, government order etc in the UK. Link to comment Share on other sites More sharing options...
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