Today DISH and the International Broadcaster Coalition Against Piracy announced that it has successfully won a court case against the IPTV service Jaboo TV, Inc. DISH also won damages from its U.S.-based CEO, Sajid Sohall finding them liable for copyright infringement.
“This ruling goes further than many other copyright cases coordinated by IBCAP. Here, the owner and CEO of one of the most popular South Asian services offering infringing content will not be permitted to hide behind a corporate shield and has been found personally liable for the damages caused by his and his company’s copyright infringement,” said Chris Kuelling, executive director of IBCAP. “IBCAP and its members will not tolerate piracy, and the U.S. courts have once again not only sided with us by handing down a judgment against an infringing service, but also holding an owner personally accountable.”
When this case started back in 2018 Jaboo TV was one of the largest providers of IPTV South Asian content in the United States and around the world. Jaboo TV offered set-top boxes and apps on mobile devices that gave pirated content that DISH owned the rights to in the United States.
In a ruling issued June 13, 2023, the United States District Court for the Northern District of California granted all claims asserted by DISH against Jadoo TV, Inc. and Sohail individually and denied Sohail’s motion as to all claims.
According to the ruling, the Court found that Jadoo TV directly infringed and violated exclusive rights and materially contributed to and induced infringement by, among other things:
- enhancing users’ access to the infringing content
- being responsible for uploading and instigating distribution of the content
- preloading its set-top boxes with infringing content
- preconfiguring its set-top boxes to locate and install infringing content
The Court further found that because Sohail was the “guiding spirit” behind the infringement, had the “principal decision-making authority as to responding to infringement notices,” was the founder, CEO, director, and majority shareholder, and had the ability to unilaterally change company policy, he is personally liable for the infringement. Instead of implementing simple measures to prevent infringement, Sohail was the “active and conscious force behind the infringing products.”
Now the question is how the court will rule when it comes to damages. According to the ruling, the Court ordered additional briefing related to damages to be submitted within 45 days. We will have to wait to see how much DISH will win from this case.
Here is how the IBCAP describes what they do.
International Broadcaster Coalition Against Piracy, Inc. (IBCAP) is a coalition of leading international and U.S. content owners, broadcasters and distributors representing more than 170 television channels from the U.S. and around the world. As the largest anti-piracy organization focused on illicit services offering multicultural content, the non-profit organization proactively monitors and identifies unauthorized video services, collects evidence, and assists with legal actions and criminal investigations against organizations and individuals engaging in pirate activities. IBCAP coordinates with government agencies and law enforcement both in the U.S. and abroad, reports suspected infringers to the appropriate authorities, initiates investigations, and promotes the prosecution of persons or companies who participate in the illegal distribution of its members’ video content.