programming. The receivers had no built-in means of connecting to the Internet, but the
defendants sold an adapter called a “WizHub” that enabled connection to the Internet.^902
The defendants argued that the court should not impound its WizHubs or extended
warranty codes because the WizHub was simply an adapter and one could not engage in piracy
without the piracy software and IKS servers. The court rejected this argument, noting that a
device such as the WizHub permitting the connection of an otherwise legitimate receiver to the
Internet along with a password permitting access to a server with illegally trafficked decryption
keys could be said to constitute a product designed to circumvent a technological measure that
effectively controlled access to a protected work. The court could not see any possible need for a
person using a free-to-air satellite receiver in a legitimate way to connect that receiver to the
Internet and enter a password to connect to a server whose sole purpose was the trafficking of
decryption keys. The court therefore ordered the impoundment of the WizHub connectors and
the extended warranty codes under Section 1203(b)(2), although not of the receivers themselves
(for which the plaintiffs had not sought impoundment). The court refused, however, to seize the
defendants’ web sites, which appeared to be used for the legitimate sale of free-to-air
receivers.^903
d. Dish Network v. SonicviewThis case, a follow-on decision of the case described in subsection a. above, involved the
same kind of “Internet Key Sharing” (or “IKS”) piracy of Dish Network signals described in the
Dimarco case in the previous subsection. To enable IKS piracy, the defendants sold their
Sonicview receivers, each model of which contained firmware having more than one exact match
of the proprietary code and data that resided on the plaintiffs’ smart card, a particular algorithm
important for encrypting and decrypting Dish Network satellite signals, and a graphical user
interface. There were also strong similarities between the Sonicview receivers’ firmware and
that of existing piracy firmware. The defendants also sold a serial Ethernet adapter called the
iHub, which came with a 16-digit code that enabled the Sonicview receiver to access the IKS
server through a dongle and an add-on module that worked in conjunction with the receiver,
when loaded with piracy software, to receive Dish Network’s high-definition programming.
Sonicview also operated a web site that contained piracy software available for download which
was intended for use with Sonicview receivers to decrypt Dish Network’s satellite television
programming.^904
The court found the defendants in violation of Section 1201(a)(2) by trafficking in the
receivers, iHubs, add-on modules, and piracy software. The combination of a Sonicview
receiver, iHub, and add-on module, when loaded with the piracy software, permitted
unauthorized access to Dish Network’s satellite programming. The court, citing two other
district court decisions to the same effect, noted that potential lawful or fair use is not a defense
(^902) Id. at 4, 11-12.
(^903) Id. at 12-15, 17.
(^904) Dish Network, LLC v. Sonicview USA, Inc., 2012 U.S. Dist. LEXIS 75663 at *10-11, 13 (S.D. Cal. May 31,
2012).