Decisions Roundup: Court Allows DIRECTV to Seek Damages for Signal Piracy

Posted by Matthew Heller

Case: DIRECTV v. Rawlins

Court: 4th Circuit

Date: April 21, 2008

Facts: DIRECTV sued satellite TV subscriber John Rawlins for using illegal devices to access its programming beyond the level of his paid subscription. After Rawlins failed to contest the suit and defaulted, a trial judge permanently enjoined him from continuing to violate the Cable Act and the Wiretap Act and awarded DIRECTV attorney's fees and costs. DIRECTV appealed the denial of statutory damages of $1,000 to $10,000 per violation under the Wiretap Act.

Holding: In denying damages, the trial court abused its discretion by, among other things, giving weight to the lack of evidence that Rawlins induced others to commit piracy. Such a consideration "has no apparent bearing on his culpability for his own interception." The trial judge also failed to weigh "the severity of Rawlins's piracy and the harm it exacted upon DIRECTV." The question of statutory damages is remanded to the trial court for reconsideration.

Attorneys of Record: Howard Rubin, Sonnenschein Nath & Rosenthal, Washington, D.C., for DIRECTV; Ray Kline, Raleigh, N.C. for Rawlins.

To view the opinion, click here.