Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 1 of 16
`
`DISH NETWORK L.L.C.,
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
` §
` §
` §
` §
` §
`v.
` §
` §
`DOES 1-5, individually and together
` §
`d/b/a Universe IPTV; Universe TV;
`World-Universeiptv.com; Uni-Update.com; §
`and Uni-Web.online,
` §
`§
`Defendants.
` §
`
`Civil Action No.
`
`4:20-cv-2958
`
`COMPLAINT
`
`Plaintiff DISH Network L.L.C. (“DISH”) brings this suit against Does 1-5 individually and
`
`together d/b/a Universe IPTV; Universe TV; World-Universeiptv.com; Uni-Update.com; and Uni-
`
`Web.online, and states as follows:
`
`Nature of the Action
`
`1.
`
`DISH brings this suit for direct copyright infringement because Defendants are
`
`taking television channels exclusively licensed to DISH and are unlawfully retransmitting these
`
`channels over the Internet throughout the United States on Defendants’ Universe IPTV service (the
`
`“Universe Service”) to customers who purchase Defendants’ Universe Service subscriptions
`
`(“Universe Subscriptions”). Defendants demonstrated the willfulness of their copyright
`
`infringement by continuing to transmit channels exclusively licensed to DISH despite receiving
`
`numerous demands to cease.
`
`Parties
`
`2.
`
`Plaintiff DISH Network L.L.C. is a limited liability company organized under the
`
`laws of the State of Colorado, with its principal place of business located at 9601 South Meridian
`
`Blvd., Englewood, Colorado 80112.
`
`
`
`DISH NETWORK L.L.C.,
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
` §
` §
` §
` §
` §
`v.
` §
` §
`DOES 1-5, individually and together
` §
`d/b/a Universe IPTV; Universe TV;
`World-Universeiptv.com; Uni-Update.com; §
`and Uni-Web.online,
` §
`§
`Defendants.
` §
`
`Civil Action No.
`
`4:20-cv-2958
`
`COMPLAINT
`
`Plaintiff DISH Network L.L.C. (“DISH”) brings this suit against Does 1-5 individually and
`
`together d/b/a Universe IPTV; Universe TV; World-Universeiptv.com; Uni-Update.com; and Uni-
`
`Web.online, and states as follows:
`
`Nature of the Action
`
`1.
`
`DISH brings this suit for direct copyright infringement because Defendants are
`
`taking television channels exclusively licensed to DISH and are unlawfully retransmitting these
`
`channels over the Internet throughout the United States on Defendants’ Universe IPTV service (the
`
`“Universe Service”) to customers who purchase Defendants’ Universe Service subscriptions
`
`(“Universe Subscriptions”). Defendants demonstrated the willfulness of their copyright
`
`infringement by continuing to transmit channels exclusively licensed to DISH despite receiving
`
`numerous demands to cease.
`
`Parties
`
`2.
`
`Plaintiff DISH Network L.L.C. is a limited liability company organized under the
`
`laws of the State of Colorado, with its principal place of business located at 9601 South Meridian
`
`Blvd., Englewood, Colorado 80112.
`
`
`
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`
`3.
`
`Defendants Does 1-5 are individuals or entities doing business as Universe IPTV;
`
`Universe TV; World-Universeiptv.com; Uni-Update.com; and Uni-Web.online. Defendants
`
`transmit television channels to users of the Universe Service and distribute, sell, and promote
`
`Universe Subscriptions. Defendants own and operate the World-Universeiptv.com; Uni-
`
`Update.com; Uni-Web.online; Universe-ip.com; Universepro9.vip; Universeiptv.com; Universe-
`
`ip.world; Olink1.rocks; Olink2.rocks; Olink3.rocks; Olink4.rocks; Olink5.rocks; and Olink7.rocks
`
`domains and websites (collectively, the “Universe Domains”). Defendants are concealing their
`
`identities through the use of domain proxy services for the Universe Domains. Defendants claim
`
`they reside in Austria and they use a WhatsApp phone number including the +43 country code for
`
`Austria. DISH believes discovery will identify Does 1-5 and enable DISH to amend the complaint
`
`to list them by name.
`
`Jurisdiction and Venue
`
`4.
`
`DISH asserts claims under the Copyright Act, 17 U.S.C. § 101 et seq. This Court
`
`has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338.
`
`5.
`
`Personal jurisdiction is proper against Defendants under Rule 4(k)(2) of the Federal
`
`Rules of Civil Procedure. Does 1-5 transmit channels exclusively licensed to DISH to at least 1,000
`
`Universe Service users located in the United States (“Service Users”), including in the State of
`
`Texas. Does 1-5 also have a reseller located in the United States, and offer to sell Universe
`
`Subscriptions to prospective resellers located in the United States. This Court’s exercise of
`
`jurisdiction over Defendants is consistent with the Constitution and laws of the United States,
`
`DISH’s claims arise under federal law, and Defendants are not subject to the jurisdiction of the
`
`courts of general jurisdiction of any state.
`
`
`
`2
`
`
`
`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 3 of 16
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`6.
`
`Venue is proper in this Court under 28 U.S.C. § 1391(b)(3) because Defendants are
`
`subject to personal jurisdiction in this district and under § 1391(c)(3) because Defendants are
`
`nonresidents that may be sued in any judicial district. Venue is also proper in this Court under 28
`
`U.S.C. § 1400(a) because the case involves violations of the Copyright Act.
`
`DISH’s Copyrights
`
`7.
`
`DISH is the fourth largest pay-television provider in the United States providing
`
`copyrighted programming to millions of subscribers nationwide. DISH is one of the largest
`
`providers of international television channels in the United States offering more than 400 channels
`
`in 27 different languages.
`
`8.
`
`DISH contracts for and licenses rights for the international channels distributed on
`
`its platform from channel owners and their agents, including ARY Digital USA LLC; Asia TV USA
`
`Ltd.; B4U U.S.; Geo USA Holdings, Inc. d/b/a Geo USA LLC; Hum Network Limited; Impress
`
`Telefilm, Inc.; MBC FZ LLC; International Media Distribution (Luxembourg) S.A.R.L.; MSM
`
`Asia Limited; National Communications Services (SMC-PVT.) Limited; Soundview ATN LLC;
`
`Soundview Broadcasting LLC; Television Media Network (Pvt) Ltd; TV Today Network Ltd.; and
`
`World Span Media Consulting, Inc. (collectively, the “Networks”).
`
`9.
`
`The Networks’ channels include Aaj Tak; Al Hayah 1; ART Cima; ARY Digital;
`
`ARY News; ATN Bangla; ATN News; B4U Movies; CBC; CBC Drama; Channel-i; Dunya TV;
`
`Express Entertainment; Express News; Future TV, Geo News; Geo TV; Hekayat; Hum Masala;
`
`Hum Sitaray; Hum TV; Hum World; India Today; LBC; LBCI (a/k/a LDC); MBC1; MBC Drama;
`
`MBC Kids (a/k/a MBC3); MBC Masr; Melody Aflam; Melody Classic; NTV Bangla; SAB; SET
`
`(a/k/a Sony SET); SET MAX; Zee Aflam; and Zee Alwan (collectively, the “Protected Channels”).
`
`
`
`3
`
`
`
`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 4 of 16
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`The Networks acquire copyrights in the works that air on their respective channels, including by
`
`producing the works and by assignment.
`
`10.
`
`DISH entered into signed, written licensing agreements with the Networks granting
`
`DISH the exclusive right to distribute and publicly perform the Protected Channels and works that
`
`air on the Protected Channels in the United States by means including satellite, over-the-top
`
`(“OTT”), Internet protocol television (“IPTV”), and Internet. DISH’s exclusive rights were in
`
`effect at all relevant times and are currently in effect. Many of the works that aired on the Protected
`
`Channels and for which DISH holds exclusive distribution and public performance rights are
`
`registered with the United States Copyright Office. (See Exhibit 1.) A vast number of additional,
`
`unregistered copyrighted works in which DISH holds exclusive distribution and public performance
`
`rights also aired on the Protected Channels. (See Exhibit 2.)
`
`11.
`
`Defendants are not authorized by DISH to transmit, distribute, or publicly perform
`
`the Protected Channels or works that air on those channels in the United States, and DISH has
`
`received no compensation from Defendants to do so.
`
`Defendants’ Wrongful Conduct
`
`12.
`
`Defendants distribute, sell, and promote Universe Subscriptions to consumers,
`
`including Service Users, and to resellers, including Universeonlinetv.co; Universeiptv.stream;
`
`Universeiptvs.com; Iptvuniverse.net; and Universe2iptv.com, with knowledge that these and other
`
`resellers distribute, sell, and promote Universe Subscriptions to Service Users.
`
`13.
`
`Defendants promoted the Universe Service on their World-Universeiptv.com
`
`website, instructing consumers that “[t]here are more than 40,000 channels, films and series in every
`
`country in the world,” “we are constantly expanding the number of channels,” they have “[a]ll
`
`channels,” and “we continuously update our service.”
`
`
`
`4
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`
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`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 5 of 16
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`14. World-Universeiptv.com referred consumers and resellers of the Universe Service
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`to Defendants’ Uni-update.com website.
`
`
`
`
`
`
`
`15.
`
`Defendants’ Uni-Update.com website serves as a communication portal between
`
`Defendants, resellers of Universe Subscriptions, and Service Users. Uni-Update.com provides
`
`news and updates about the Universe Service. For example, Uni-Update.com states, “To see real-
`
`time updates to the server You can know it from the following link, and it appears automatically
`
`Any update or addition to the server Whether adding channels, movies, series, or series episodes it
`
`appears on the site automatically and instantly.” Universe IPTV apps and channel lists are also
`
`available for download at Uni-Update.com.
`
`
`
`
`
`5
`
`
`
`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 6 of 16
`
`16.
`
`Defendants also use Uni-Update.com to instruct Service Users to go to Defendants’
`
`Uni-Web.online website and “check user and password for your subscription,” and “[i]f you are
`
`able to make a login, this means that you have a 100% original subscription to Universe IPTV
`
`Servers.” Service Users can also “know the expiration date of your Subscri[p]tion from the same
`
`
`
`link.”
`
`
`
`6
`
`
`
`
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`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 7 of 16
`
`17.
`
`Uni-Update.com includes marks of MBC1, MBC Drama, MBC Kids/MBC3 and
`
`MBC Masr.
`
`
`
`18.
`
`Defendants promote the Universe Service to consumers and resellers through posts
`
`on their Facebook page located at https://www.facebook.com/unitvplus/ (“Unitvplus”). For
`
`example, the Unitvplus Facebook page describes the Universe Service as “[t]he best platform to
`
`watch open and encrypted Arabic and foreign channels with the largest library of Arab and foreign
`
`films and series.”
`
`19.
`
`The Unitvplus Facebook page includes marks of CBC, CBC Drama, MBC1, and
`
`
`
`MBC Masr.
`
`
`
`
`
`7
`
`
`
`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 8 of 16
`
`20.
`
`Defendants also promoted the Universe Service to consumers and resellers through
`
`their
`
`
`page
`
`located
`
`at
`
`https://www.facebook.com/worlduniverseiptv/
`
`(“Worlduniverseiptv”) and Instagram page located at https://www.instagram.com/universe.i.p.t.v/
`
`(“Universe.i.p.t.v”). For example, Defendants’ Worlduniverseiptv Facebook page described the
`
`Universe Service as allowing users to “[w]atch all live TV from the World and films on all your
`
`devices.”
`
`21.
`
`Defendants’ Worlduniverseiptv Facebook page and Universe.i.p.t.v Instagram page
`
`posted the following image that contains marks of CBC, CBC Drama, Future TV, LBC, MBC1,
`
`MBC Drama, MBC Masr, and Melody Aflam.
`
`
`
`22.
`
`Facebook, Inc. removed Defendants’ Worlduniverseiptv Facebook page and
`
`Universe.i.p.t.v Instagram page, on information and belief, for violations of Facebook’s terms of
`
`service related to copyright infringement. As a result, Defendants made a post on May 5, 2020 to
`
`their Unitvplus Facebook page directing consumers and retailers to their Twitter page located at
`
`
`
`8
`
`
`
`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 9 of 16
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`https://twitter.com/telfazhd; Instagram page located at https://www.instagram.com/telfazhd; and
`
`Telegram page located at https://t.me/s/telfazhd (each “Telfazhd”).
`
`23.
`
`Defendants’ Telfazhd Instagram page promotes the Universe Service with the
`
`following images with one including marks of CBC, CBC Drama, MBC1, MBC Drama, MBC
`
`Kids/MBC3, and MBC Masr.
`
`
`
`
`
`
`
`9
`
`
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`
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`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 10 of 16
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`24.
`
`Defendants Telfazhd Twitter page promotes the Universe Service by directing
`
`consumers and resellers to contact them by WhatsApp “[f]or subscriptions and distribution,” and
`
`includes the same image from their Unitvplus Facebook page that includes marks of CBC, CBC
`
`Drama, MBC1, and MBC Masr.
`
`
`
`25.
`
`Defendants use their Universe Service to transmit the Protected Channels over the
`
`Internet to Service Users soon after the original authorized transmission. Defendants take
`
`broadcasts or streams of the Protected Channels, transfer them to one or more computer servers
`
`provided, controlled, and maintained by Defendants, and then transmit the Protected Channels to
`
`Service Users through OTT delivery.
`
`26.
`
`As set forth in paragraphs 13 and 15, Defendants are directly responsible for the
`
`transmission of the channels on the Universe Service, including the Protected Channels, as shown
`
`by their claims that they are constantly expanding the number of channels, constantly updating their
`
`Universe Service, and updating the server transmitting the Protected Channels.
`
`27.
`
`Defendants’ transmission of the channels on the Universe Service, including the
`
`Protected Channels, is shown by a post on Defendants’ Telfazhd Telegram page stating, “We are
`
`in the process of amending and developing a huge . . . American package and adding many channels
`
`
`
`10
`
`
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`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 11 of 16
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`to the packages . . . and we are currently working on these channels and we will add them to the
`
`server in the next few days.”
`
`
`
`28.
`
`Defendants transmit the Protected Channels to Service Users with the Universe-
`
`ip.com domain and its assigned computer server. Defendants previously transmitted the Protected
`
`Channels to Service Users with the Olink1.rocks; Olink2.rocks; Olink3.rocks; Olink4.rocks;
`
`Olink5.rocks; Olink7.rocks; Universepro9.vip; Universeiptv.com, and Universe-ip.world domains
`
`and their assigned computer servers.
`
`29.
`
`Any member of the public with Internet access, including Service Users, can receive
`
`the Protected Channels from Defendants by simply: (1) purchasing a Universe Subscription; (2) (i)
`
`downloading a Universe IPTV app from Uni-Update.com to a compatible device such as a Smart
`
`TV, computer with a Windows or Mac operating system, Apple or Android device, or (ii) using an
`
`Internet browser at Uni-Web.online; (3) inserting the Universe Subscription user name and
`11
`
`
`
`
`
`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 12 of 16
`
`password into the Universe IPTV app or at Uni-Web.online; and (4) selecting the Protected
`
`Channels.
`
`30.
`
`Defendants’ World-Universeiptv.com included a “BUY NOW” link that directed
`
`consumers to a shopping cart, where Defendants sold Universe Subscriptions for approximately
`
`$70 for twelve months, $40 for six months, and $22 for three months of access to the channels.
`
`Defendants’ Facebook, Instagram, Twitter, and Telegram pages also invited consumers and
`
`resellers to contact them through WhatsApp to purchase Universe Subscriptions.
`
`31.
`
`In July 2020, DISH’s investigator contacted Defendants through WhatsApp at +43
`
`676 5815048 to inquire about becoming a reseller of Universe Subscriptions. Defendants
`
`responded that the price for one three month Universe Subscription was 20 Euro (approximately
`
`$22) and the price for ten three month Universe Subscriptions was 200 Euro (approximately $220)
`
`with payments to be made to their PayPal account h16am87@gmail.com. Defendants confirmed
`
`the Universe Service works in the United States, Defendants have more than 1,000 subscribers in
`
`the United States, and Defendants have one reseller in the United States. Defendants also stated
`
`they live in Austria.
`
`32.
`
`Defendants have actual knowledge that the transmission of the Protected Channels
`
`on the Universe Service infringes DISH’s copyrights. DISH and Networks sent at least 10 notices
`
`of infringement between August 27, 2019 and the filing of this Complaint, demanding that
`
`Defendants cease transmitting the Protected Channels identified in the notices. Defendants failed
`
`to respond to these notices.
`
`33.
`
`DISH and Networks sent at least 14 additional notices to CDNs associated with the
`
`Universe Service from August 28, 2019 to the filing of this Complaint, requesting the removal of
`
`the Protected Channels. Upon information and belief, at least some of these notices were forwarded
`
`
`
`12
`
`
`
`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 13 of 16
`
`to Defendants. Even when these CDNs removed the unauthorized content based on Defendants’
`
`copyright infringement, Defendants intentionally interfered with the takedown efforts by, for
`
`example, transmitting the Protected Channels from different CDNs or locations.
`
`CLAIMS FOR RELIEF
`
`Count I
`
`Direct Copyright Infringement Under 17 U.S.C. § 501
`
`DISH repeats and realleges the allegations in paragraphs 1-33.
`
`DISH is a copyright owner under 17 U.S.C. § 106 because DISH holds the exclusive
`
`34.
`
`35.
`
`rights to distribute and publicly perform in the United States, by means including satellite, OTT,
`
`IPTV, and Internet, the programs that make up the Protected Channels.
`
`36.
`
`The programs that make up the Protected Channels are original audiovisual works
`
`fixed in a tangible medium of expression, and are therefore copyrightable subject matter. DISH’s
`
`copyrights in programs that aired on the Protected Channels arise under laws of nations other than
`
`the United States that are parties to copyright treaties with the United States, including the United
`
`Arab Emirates, Qatar, Egypt, Lebanon, Pakistan, India, and Bangladesh where the programs were
`
`authored and first published. Under 17 U.S.C. §§ 101, 411, the programs that make up the Protected
`
`Channels are non-United States works and, therefore, registration with the United States Copyright
`
`Office is not a prerequisite to filing a copyright infringement action with respect to these works.
`
`37.
`
`Defendants directly infringe DISH’s copyrights in violation of 17 U.S.C. § 501 by
`
`distributing and publicly performing programs that make up the Protected Channels to Service
`
`Users, including the works identified in Exhibits 1-2. The copyrighted programs were transmitted
`
`from computer servers controlled by Defendants to Service Users who accessed the programs using
`
`the Universe Service.
`
`
`
`13
`
`
`
`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 14 of 16
`
`38.
`
`DISH has not authorized Defendants to distribute or publicly perform the programs
`
`that make up the Protected Channels in any manner.
`
`39.
`
`The infringement of DISH’s rights in each program constitutes a separate and
`
`distinct act of copyright infringement.
`
`40.
`
`Defendants’ actions are willful, malicious, intentional, purposeful, and in disregard
`
`of and with indifference to the rights of DISH.
`
`41.
`
`Unless enjoined by the Court, Defendants will continue to engage in acts causing
`
`substantial and irreparable injury to DISH that includes damage to its reputation, loss of goodwill,
`
`and lost sales, for which there is no adequate remedy at law.
`
`PRAYER FOR RELIEF
`
`
`
`
`
`WHEREFORE, DISH prays for judgment against Defendants as follows:
`
`A.
`
`For a grant of permanent injunctive relief under 17 U.S.C. § 502 restraining and
`
`enjoining Defendants, and any of their agents, servants, employees, attorneys, or other persons
`
`acting in active concert or participation with any of the foregoing that receives actual notice of the
`
`order (including, without limitation, resellers of the Universe Service), from:
`
` 1.
`
`transmitting, streaming, distributing, or publicly performing in the United
`
`States, with any Universe Subscription, Universe IPTV app, or any other device, application,
`
`service, or process, any of the Protected Channels or any of the programming that comprises any
`
`of the Protected Channels;
`
`2.
`
`distributing, selling, providing, or promoting any product or service in the
`
`United States, including any Universe Subscription or Universe IPTV app, that comprises the
`
`whole or part of a network or service for the distribution or public performance of any of the
`
`Protected Channels or any of the programming that comprises any of the Protected Channels;
`
`
`
`14
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`
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`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 15 of 16
`
`3.
`
`advertising, displaying, or marketing any Universe Subscription, Universe
`
`IPTV app, or other service in connection with the Protected Channels or the programming that
`
`comprises the Protected Channels; and
`
`4.
`
`inducing or contributing to another’s conduct that falls within 1, 2, or 3
`
`above.
`
`
`
`B.
`
`For 37 or more registered works, statutory damages as awarded by the Court up to
`
`$150,000 per registered work infringed under 17 U.S.C. § 504(c), or the Defendants’ profits
`
`attributable to the infringement of those registered works under 17 U.S.C. § 504(b).
`
`
`
`C.
`
`For unregistered works, an award of Defendants’ profits attributable to the
`
`infringement of each unregistered work under 17 U.S.C. § 504(b).
`
`
`
`
`
`
`
`D.
`
`E.
`
`F.
`
`For DISH’s attorneys’ fees and costs under 17 U.S.C. § 505.
`
`For impoundment and disposition of all infringing articles under 17 U.S.C. § 503.
`
`For an order permanently transferring each domain name that Defendants used in
`
`connection with the infringement to DISH.
`
`
`
`G.
`
`For pre- and post-judgment interest on all monetary relief, from the earliest date
`
`permitted by law at the maximum rate permitted by law.
`
`
`
`H.
`
`For such additional relief as the Court deems just and equitable.
`
`Dated: August 24, 2020
`
`
`
`
`
`
`
`
`Respectfully submitted,
`HAGAN NOLL & BOYLE LLC
`
`By: /s/ Stephen M. Ferguson
`
`Stephen M. Ferguson (attorney-in-charge)
`Texas Bar No. 24035248
`Southern District of Texas Bar No. 614706
`Two Memorial City Plaza
`820 Gessner, Suite 940
`Houston, Texas 77024
`
`
`
`
`15
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`
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`Case 4:20-cv-02958 Document 1 Filed on 08/24/20 in TXSD Page 16 of 16
`
`Telephone: (713) 343-0478
`Facsimile: (713) 758-0146
`
`Joseph H. Boyle (of counsel)
`Texas Bar No. 24031757
`Southern District of Texas Bar No. 30740
`
`Counsel for Plaintiff DISH Network L.L.C.
`
`16
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