Opinion
No. 2:03CV781.
February 14, 2005
Glenn R. Bronson, PRINCE, YEATES GELDZAHLER, Salt Lake City, Utah, Attorneys for Plaintiff DIRECTV, Inc.
FINAL JUDGMENT AGAINST JASON McFARLAND
By Order dated February 9, 2005, this Court granted Plaintiff DIRECTV's Motion for Summary Judgment against defendant Jason McFarland ( "McFarland"). In its Motion, DIRECTV sought summary judgment on all its claims against McFarland asserted in the Complaint, including violations of 47 U.S.C. § 605(a), 18 U.S.C. §§ 2511(1)(a) and (b), and 18 U.S.C. § 2512(1)(b).
WHEREFORE, based on the February 9, 2005 Order, the Court finds and enters judgment as follows:
1. As alleged in the Complaint, on or about January 15, 2001, McFarland purchased and used one Pirate Access Device, consisting of a printed circuit board device called an "Unlooper," from White Viper Technologies. The device was shipped to McFarland at the defendant's address in Eagle Mountain, Utah.
2. The principal design and purpose of such Unloopers is to facilitate the unauthorized interception of DIRECTV's satellite television programming;
3. McFarland knowingly used the device for its intended purpose;
4. McFarland's conduct constitutes one violation of 47 U.S.C. § 605(a).
5. Title 47 U.S.C. § 605(e)(3)(C) provides for statutory damages of not less than $1,000 or more than $10,000 for each violation.
6. Judgment is awarded against McFarland and in favor of DIRECTV in the amount of $10,000.