Dish Network Sues ‘Zem*V’ and ‘TV Addons’ For Copyright Infringement

Eleazar Coding

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http://torrentfreak.com/images/Zem*Vadd.jpgMore and more people are starting to use Kodi-powered set-top boxes to stream video content to their TVs.
While Kodi itself is a neutral platform, third-party add-ons can turn it into the ultimate pirate machine, providing access to movies, TV-shows and IPTV channels.
These add-ons are direct competition for traditional broadcast providers, such as Dish Network in the United States, which filed a lawsuit in a Texas federal court late last week.
The complaint lists the add-on Zem*V as the prime target. The service in question allows users to watch a variety of Dish channels, without permission.
“The Zem*V service is retransmitting these channels over the Internet to end-users that download the Zem*V add-on for the Kodi media player, which is available for download at the websites www.tvaddons.co and www.tvaddons.org,” Dish’s lawyers write.
The TVAddons platform, which hosts hundreds of unofficial Kodi add-ons including Zem*V, is also listed as a defendant. According to Dish, TVAddons plays an important role in the distribution of the infringing add-on.
The Zem*V operator, who is only known as “Shani” and “Shani_08,” used the TVAddons platform to share and promote its service while asking for donations, the complaint alleges.
“Website Operators have actual or constructive knowledge of this infringing activity and materially contribute to that activity by providing the forum where the Zem*V add-on can be downloaded and soliciting and accepting donations from Zem*V users,” Dish writes.
“But for the availability of the Zem*V add-on at www.tvaddons.co or www.tvaddons.org, most if not all of Developer’s distribution and/or public performance would not occur,” the complaint adds.
Dish claims that it sent numerous takedown requests to Internet service providers associated with the Zem*V service, but the developer has continued to offer the add-on, circumventing any countermeasures.
With the lawsuit, the broadcast provider holds Zem*V accountable for direct copyright infringement, demanding $150,000 per infringement in damages. TVAddons is accused of contributory and vicarious copyright infringement and also faces statutory damages.
TorrentFreak spoke to a representative from TVAddons, who wasn’t aware of the lawsuit. Dish has not contacted them directly with any takedown requests, he says.
“This is the first we’ve heard of this lawsuit. No one ever sent us any type of takedown or DMCA notice or even tried to contact us prior, they could have easily done so through our contact page or site emails,” TVAddons informs us.
TVAddons says that the Zem*V add-on was already removed prior to the lawsuit due to a technical issue, and it won’t return.
“The Zem addon was actually removed from our addon library and community tools weeks ago due to a completely unrelated technical issue. I have already spoken to the developer, and he has since deleted the Zem addon entirely,” the TVAddons representative says.
Also, shortly after we started to inquire about the lawsuit, the Zem*V add-on appears to have shut down completely. Developer “Shani” says it became too popular to maintain, but the legal threat likely played a role as well.
The lawsuit against Zem*V and TVAddons is the first of its kind in the United States. As such, it will be closely watched by other rightsholders, add-on developers, and platforms similar to TVAddons that distribute software.

The full complaint Dish Network filed is available here (pdf).
Source: TF, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.



Source: TorrentFreak
 

Yobpar

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This is very bad news as the wrong message will be send to most addon developers.

Dish Network is very cunning with how they are going about this. Reading the suit, it looks like this:
DISH brings this suit for copyright infringement to stop the Zem*V service’s unlawful retransmissions of television channels exclusively licensed to DISH throughout the United States.

Upon information and belief, Developer: captures live broadcast signals of the Protected Channels outside the United States; transcodes these signals into a format useful for streaming over the Internet;and then uploads and transfers the transcoded content to computer servers that are controlled and maintained by Developer.

The Zem*V service is retransmitting these channels over the Internet to end-users that download the Zem*V add-on for the Kodi media player, which is available for download at the websites www.tvaddons.co and www.tvaddons.org
And they purposely kept mentioning Zem *V add-on to create an inference that it's sole purpose was only retransmission of Zem*V service. Without representation or a very informed judge, I can only see it going one way.



BUT I highly doubt that DISH record their transmission(or uses some other type of 'fixation'), if they don't then they have no claim to copyright infringement as their work is not fixed (Copyright Act, 17 U.S.C.§101)
A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission
 

DjDiabolik

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mmmmmmmmmm..... i hope fm4proxy can continued to maintain in developing..........

*EDIT*
If that is not the case. . . It was beautiful until it lasted :) Thanks shani.
 

catnap

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Nov 4, 2015
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Back in the day most of the FTA sites had a rumors section.i wonder if this is the case.thanks we will all find out i guess.
 

RavRob

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Back in the day most of the FTA sites had a rumors section.i wonder if this is the case.thanks we will all find out i guess.
I doubt this is rumor. Pho*nix, One242415 and Shani are all gone this morning. Plus Eleazar is the one who does know. He wouldn't post this if it was rumor.
 

FXB78

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I doubt TVaddons would be posting unsubstantiated rumours about their own site/developers/addons.
 

Meep

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Anytime something like this becomes mainstream it's usually the death of it due to all the attention
I beg to differ, it just drives it underground, possibly private, more spread out and forces it to evσlve... Just look at p2p networks, remember the assault on Napster resulting in it shutting down in 2001? Only to have BitTorrent, eDonkey and Limewire as well as a slew of other p2p technologies spawn and spread out as soon as Napster was shut down? eDonkey and Limewire have passed but BitRorrent has evσlved and continues to be a very popular p2p network even today, 15+ year later...
 
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fracl

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Jan 1, 2015
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I beg to differ, it just drives it underground, possibly private, more spread out and forces it to evσlve... Just look at p2p networks, remember the assault on Napster resulting in it shutting down in 2001? Only to have BitTorrent, eDonkey and Limewire as well as a slew of other p2p technologies spawn and spread out as soon as Napster was shut down? eDonkey and Limewire have passed but BitRorrent has evσlved and continues to be a very popular p2p network even today, 15+ year later...
Didn't work that way when they shut down satellite hacking. didn't take long once everybody was doing it, and it was all over the net like Kodi is.. . they got on it and shut it down.
 

Meep

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Didn't work that way when they shut down satellite hacking. didn't take long once everybody was doing it, and it was all over the net like Kodi is.. . they got on it and shut it down.
Not exactly true... I took many years for them to shut down C band hacking and as soon as they did it moved to mini-dish card sat hacking that lasted about 7 years and once they got that fairly secure, then FTA receiver emulator hacking evσlved and lasted several more years... As I suggested the hacking just evσlves, before sat hacking, it was 'black box' and notch filter cable hacking and it will evσlve again at some point, but I suspect that online streaming is going to be around for many more decades, as it's a going to be a cat and mouse game much like torrents where there are simply too many mice that are too spread out to catch... What the providers hope for is that the create enough havoc and trouble that the every day Joe box sellers toss in the towel and the jumped on bandwagon 'free TV' people give up because it's harder or too much trouble now...

I have been on this boat for a LONG time, the seas get rough at times but the boat has never actually sunk...
 
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fracl

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Not exactly true... I took many years for them to shut down C band hacking and as soon as they did it moved to mini-dish card sat hacking that lasted about 7 years and once they got that fairly secure, then FTA receiver emulator hacking evσlved and lasted several more years... As I suggested the hacking just evσlves, before sat hacking, it was 'black box' and notch filter cable hacking and it will evσlve again at some point, but I suspect that online streaming is going to be around for many more decades, as it's a going to be a cat and mouse game much like torrents where there are simply too many mice that are too spread out to catch... What the providers hope for is that the create enough havoc and trouble that the every day Joe box sellers toss in the towel and the jumped on bandwagon 'free TV' people give up because it's harder or too much trouble now...

I have been on this boat for a LONG time, the seas get rough at times but the boat has never actually sunk...
ya maybe so, i went throught all these starting with c band and ku band, I just wanted to point out that, when all your cousins and neighbors have it. that's when they step up and do something about it. it shouldn't be that easy.
 

invisable

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I'm not going to comment on the issues as I have already made my feelings clear in the past.

All I would say is it made be a good idea to turn off Indigo automatic maintenance mode that folder beginning with "p" may become useful.