DirecTV, Inc. v. Wright

350 F. Supp. 2d 1048, 2004 U.S. Dist. LEXIS 25845, 2004 WL 2983836
District Court, N.D. Georgia·Decided December 14, 2004·No. CIV.A. 1:04CV0242RWS·Published·Cited by 3 cases

Opinion

*1050 ORDER

STORY, District Judge.

Now before the Court for consideration is Defendant’s Motion to Dismiss [8-1]. After considering the entire record and the arguments of the parties, the Court enters the following Order.

Background

Plaintiff DirecTV, Inc. (“DirecTV”) is a California company in the business of providing television programming to millions of subscribers in the United States through a digital satellite system. 1 DirecTV .sells programming to customers and provides different levels of programming to different customers based on the particular subscription package the customer purchases. To prevent unauthorized access to its programming, DirecTV employs a conditional access system which encrypts its satellite transmissions. Subscribing customers are provided access cards that, upon activation with DirecTV, allow customers to decrypt and view the DirecTV programming to which they have subscribed.

DirecTV generates its revenues through sales of subscription packages, and therefore, devotes substantial resources to the development and improvement of its conditional access system. DirecTV’s need to develop increasingly sophisticated security measures is driven by “pirates”' — individuals who seek to circumvent DirecTV’s security measures to gain unlimited access to DirecTV programming. One of the primary means by which pirates attempt to gain access to DirecTV programming is through the use of various hardware and software devices designed to disable the security of the access card.

On January 24, 2002, DirecTV executed a writ of seizure with the assistance of the United States Marshall’s Office on Michael Worley and EQ Stuff, Inc. (“EQ Stuff’). Plaintiff asserts that EQ Stuff specialized in the sale of pirate access devices and other equipment used to illegally receive DirecTV’s satellite signals. Pursuant to the writ, DirecTV obtained business records from EQ Stuff. These business records show that EQ Stuff sold to Defendant John Wright several items including: an “EQ Smartcard Glitcher” (unlooper); (2) an “EQ Zapulator;” and (3) and “EQ At-mel Programming.” Defendant’s purchases were made on September 19, 2001 and September 25, 2001.

Plaintiff filed suit under the Federal Communications Act of 1934, as amended, 47 U.S.C. § 605(a) (the “FCA”) and the Electronic Communications Privacy Act, (the ‘Wiretap Act”), 18 U.S.C. §§ 2510-21. Plaintiff asserts claims for: (1) Unauthorized reception of satellite signals in violation of 47 U.S.C. § 605(a); (2) Importation of pirate access devices in violation of 47 U.S.C. § 605(e)(4); (3) Unauthorized interception of electronic communications in violation of 18 U.S.C. § 2511(1); and (4) Possession of pirate access devices in violation of 18 U.S.C. § 2512(l)(b). Defendant’s motion to dismiss contends that Plaintiffs claims should be dismissed because the statute of limitations has expired.

Discussion

I. Motion to Dismiss

Federal Rule of Civil Procedure 12(b)(6) empowers the Court to grant a defendant’s motion to dismiss when a complaint fails to state a claim upon which relief can be granted. In considering whether to grant or deny such a motion, the Court may look only to the pleadings. Fed.R.Civ.P. 12(b). In addition, the pleadings are construed broadly so that all facts pleaded therein *1051 are accepted as true, and all inferences are viewed in a light most favorable to the plaintiff. Cooper v. Pate, 378 U.S. 546, 546, 84 S.Ct. 1733, 12 L.Ed.2d 1030 (1964); Conner v. Tate, 130 F.Supp.2d 1370, 1373 (N.D.Ga.2001). Thus, a motion to dismiss should be granted when “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); see Linder v. Portocarrero, 963 F.2d 332 (11th Cir.1992). Motions to dismiss are disfavored and are rarely granted. Gasper v. La. Stadium & Exposition Dist., 577 F.2d 897, 900 (5th Cir.1978); Woodham v. Fed. Transit Admin., 125 F.Supp.2d 1106, 1108 (N.D.Ga.2000).

As a preliminary matter, Count IV of Plaintiffs Complaint.is due to be. dismissed. Recently, the Eleventh Circuit Court of Appeals ruled that 18 U.S.C. § 2512 does not create a private right of action. DirecTV, Inc. v. Treworgy, 373 F.3d 1124, 1129 (11th Cir.2004). Accordingly, Count IV of Plaintiffs Complaint is hereby DISMISSED.

II. Counts I and II

Counts I and II of Plaintiffs Complaint arise under the FCA, 47 U.S.C. § 605. Defendant’s pro se Motion to Dismiss does not specifically address the individual counts in Plaintiffs Complaint but generally asserts that the statute of limitations for Plaintiffs actions is 18 U.S.C. § 2520(e) and therefore the Court should dismiss Plaintiffs Complaint with prejudice. As to the § 605 claims, Plaintiff responds that the statute of limitations for 47 U.S.C. § 605(e)(4) is the three year statute of limitations of the Copyright Act, 17 U.S.C. § 507(b), and so the Complaint was fimely filed.

Free access — add to your briefcase to read the full text and ask questions with AI

DirecTV, Inc. v. Wright, 350 F. Supp. 2d 1048, 2004 U.S. Dist. LEXIS 25845, 2004 WL 2983836 (N.D. Ga. 2004).

350 F. Supp. 2d 1048 (DirecTV, Inc. v. Wright) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

J&J Sports Prods., Inc. v. Patel
364 F. Supp. 3d 1368 (S.D. Georgia, 2018)
Directv, Inc. v. Rodkey
369 F. Supp. 2d 587 (W.D. Pennsylvania, 2005)