DIRECTV, Inc. v Gray

DIRECTV, Inc. v Gray

The court applied Bell ExpressVu and held s.9(1)(c) covers decoding in Canada of encrypted subscription signals regardless of origin; DIRECTV established a strong prima facie case and urgency sufficient to justify continuation of the ex parte interim injunction and Anton Piller order because electronic evidence was...

Source-derived case information.

Citation
2003 BCSC 1509
Parties
Plaintiff: DIRECTV, Inc.; Defendant: Daryl Gray a.k.a. "Risestar" c.o.b. as Pirateden.com and www.dsschat.com; Defendant: Rising Star Communications Inc.; Defendant: John Doe, Jane Doe and other persons unknown who have conspired with the named defendants
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 July 2003
Procedural Posture
Application to Set Aside or Vary Ex Parte Interim Injunction, Anton Piller, Gag and Sealing Orders / Comeback/inter Partes Hearing Following Ex Parte Orders Made June 24, 2003; Application Heard July 23, 2003
Outcome
Application to set aside or vary ex parte orders dismissed in large part; interim injunction and Anton Piller order continued with modifications
Legal Topics
Unauthorized Decoding of Satellite Signals, Aiding and Abetting, Interim Injunction, Anton Piller Order, Gag Order, Sealing Order, Jurisdiction/extraterritoriality
Source Language
english
Radiocommunication Act Intellectual Property Copyright Trademark Civil Procedure Criminal Law (aiding and Abetting) Unauthorized Decoding of Satellite Signals Aiding and Abetting +5 more

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Parties

DIRECTV, Inc.

Plaintiff

Daryl Gray a.k.a. "Risestar" c.o.b. as Pirateden.com and www.dsschat.com

Defendant

Rising Star Communications Inc.

Defendant

John Doe, Jane Doe and other persons unknown who have conspired with the named defendants

Defendant

Procedural Posture

Application to Set Aside or Vary Ex Parte Interim Injunction, Anton Piller, Gag and Sealing Orders / Comeback/inter Partes Hearing Following Ex Parte Orders Made June 24, 2003; Application Heard July 23, 2003

Legal Issues

  1. 1 Whether s.9(1)(c) of the Radiocommunication Act applies to decoding of foreign encrypted subscription programming signals received in Canada
  2. 2 Whether plaintiff established a strong prima facie case to justify ex parte interim injunction and Anton Piller order
  3. 3 Whether the defendant was aiding and abetting the unauthorized decoding and distribution of signals

Ratio Decidendi

The court applied Bell ExpressVu and held s.9(1)(c) covers decoding in Canada of encrypted subscription signals regardless of origin; DIRECTV established a strong prima facie case and urgency sufficient to justify continuation of the ex parte interim injunction and Anton Piller order because electronic evidence was easily destructible; the Anton Piller and injunctions remain in force with modification to shorten the gag/sealing period.

Court Disposition

Application to set aside or vary ex parte orders dismissed in large part; interim injunction and Anton Piller order continued with modifications

Orders

  • Interim injunction and Anton Piller order granted on June 24, 2003 are continued
  • Gag and sealing orders reduced so they expire 14 days after access to relevant non-privileged documents in the supervising solicitor's possession is made available to the plaintiff, subject to further order of the court