EL SEGUNDO, Calif. – DirecTV has filed a lawsuit in a Canadian court against a well known signal thief who flouted a permanent injunction order imposed last year to stop selling piracy technology used to steal DirecTV programming, the American DBS service announced today.
The complaint alleges that Elio Gino D’Amario, of Hamilton, Ontario, has continued to sell pirate devices on his web site in violation of a permanent injunction entered against him in a U.S. District Court and the Ontario Superior Court of Justice in July 2004. The complaint against D’Amario was the result of an investigation conducted by the DirecTV office of signal integrity.
D’Amario was identified in 1999 as operating a network of companies and web sites engaged in selling DirecTV satellite piracy technology to customers in both the United States and Canada and has been the subject of several injunctions beginning in 2002.
DirecTV is also seeking a contempt order against D’Amario based on his flagrant breach of the permanent injunction granted by the Ontario Superior Court of Justice in 2004.
Contempt of such orders can have serious consequences, says the DirecTV release. In a case last month, Billy Boudreau, a Canadian citizen who was operating a pirate Web site, was sentenced to nine months in prison after the judge found him in contempt for breaching an Anton Piller order, which provides for the right to search premises without prior warning and is used to prevent the destruction of incriminating evidence.
The Coalition Against Satellite Signal Theft (CASST) said it welcomed the lawsuit.
“Whether on the grey or the black market, the financial consequences of signal theft on the entire broadcasting system, including creators, performers, distributors, and broadcasters, cannot be underestimated. This is why legal actions are necessary,” said Luc Perreault, CASST co-chair.
“This court action clearly demonstrates the determination of DirecTV to pursue those pirating their services wherever they are doing business,” added Harris Boyd, CASST co-chair. “We strongly support this action.”
“It is our hope that this sort of civil action will help provide a meaningful deterrent to those who profit from this illegal activity,” stated Chris Frank, CASST co-chair. “However, the government needs to take action to ensure that the penalties contained in the Act reflect the severity of these crimes.”
Amendments to the Radiocommunications Act have been repeatedly stalled over the past few years due to the political machinations on Parliament Hill.
CASST is made up of the Canadian Association of Broadcasters, Canadian Cable Telecommunications Association, Canadian Film and Television Production Association, Canadian Television Fund, Canadian Motion Picture Distribution Association and their members. It also includes A&E Television Networks, Bell ExpressVu, CBC/Radio-Canada, Canadian Motion Pictures Distributors Association – Anti-Piracy Operations, Canadian Retransmission Collective, Directors Guild of Canada, DIRECTV, North American Broadcasters Association, Society of Composers, Authors, Music Publishers of Canada, Star Choice and Vidéotron Ltée.
