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Cable Case Problem

(Querist) 03 October 2009 This query is : Resolved 
Hello Sir

My client is a cable operator in the CITY and he is authorized to distribute/ telecast many channels that include COLORS CHANNEL, SONY etc and also he made agreement with the service providers for telecasting in the city. In this way my client is authorized to telecast the COLORS CHANNEL, SONY etc., and in the agreement made with the Channel Broadcasters he was authorized to take appropriate action if any unauthorized person distribute/ telecast the channels with their prior permission in the city.

As he got the information that person/ accused by tampering/ change the settings of the Set-top box (purchased by him in other 3rd person name of DISH TV network) transmits the channel in the city (the channels he transmit includes COLORS CHANNEL, SONY etc.) and he also telecast free to air channel by using Dish (total channel he telecasts is near about 60 channels). By tampering the Set-Top box he lease out connections in the different locality of the city on cheap rate basis and there is no record he made for distributing the channels. As per Cable Networks Act, a cable operator must be registered and then he can telecast the channels, but he does not even apply for registering himself till today as a cable operator under the Act.

NOTE: When we see the cable on our TV we sometimes notice that some code appears on the Screen (like this….. EJSJALLA7SA), as this code was the Subscriber card code which was embedded on every Set-Top Box Card which was inserted in the box and the Broadcaster sends the signal for verification that the set-top box is with the same user or not to whom they sell. But in this case what the accused had done, as he made some changes in the set-top box and the signal which the company sends was matched correctly with the box but that was not shown to the user who watches the cable at his home.

As he infringes the Copyright Act by transmitting the channels in the city under different sections of the above said Act. Actually what a cable operator to do for transmitting the channels he has to use the MODULATOR (it is device which breaks the encrypted channels in to decrypt form, which a cable operator receives from the CHANNEL BROADCASTER through satellite for transmitting the channel in the locality of the city). In my case what the accused had done he take the same process for transmitting the channels and he gets the channel to be distributed by passing through this MODULATOR device and as he infringes the Copyright Act.

The grievance I face by the act of the accused I made a complaint in the police and on this police made a Raid at one of the branch office of the accused and also I made a video of the raid which was conducted by the police. In my video I take the live video picture of the setup made by the accused for transmitting the channels and also the Set Top Box sets with the 3 dishes for receiving the signal from the broadcasters and the accused was taken in custody and he is on bail right now.

So what advice I want from the members in this site is that what more precautions like the documents, evidence for proving the offence and other Expert reports on different telecasting box/ parts. I have to take to make my case strong one and also if any member can refer me some good citations on this issue which I want as I am facing this one case first time, so I need good guidance in this case.

Also after he gets the bail he is still running the same illegal Cable Operator work in the city, so can anybody tell me that how can I restrict him from stopping the telecasting the cable in the city and what steps I have to take for heal up my lose.

Raj Kumar Makkad (Expert) 03 October 2009
criminal complaint can also be filed against such accused person.
Sachin Bhatia (Expert) 04 October 2009
File a criminal complaint it will be more effective.
Munish Kumar Garg (Querist) 04 October 2009
i already file a criminal complaint but still the accused is still doing the same biz and he says nothing happened in his case, so what more precautions i have to take.
Sarvesh Kumar Sharma Advocate (Expert) 04 October 2009
criminal case and consumer case are the best remedies in yr matter.
Munish Kumar Garg (Querist) 07 October 2009
thanks for the reply

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