12.01 - CIRCUMVENTION OF COPYRIGHT - (a) Violations Regarding Circumvention

1. (A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title.

(Note: This includes illegally received TV broadcasts whether delivered via cable or satellite and has severe penalties)

12.03 - CIVIL ACTIONS - Any person injured by a violation of section 12.01 may bring a civil action in an appropriate court for such violation.

In an action brought under subsection (a), the court may grant temporary and permanent injunctions on such terms as it deems reasonable to prevent or restrain a violation,

(1) IN GENERAL. Except as otherwise provided in this title, a person committing a violation of section 12.01 is liable for either

• (A) the actual damages and any additional profits of the violator, as provided in paragraph (2), or
• (B) statutory damages, as provided in paragraph (3)

(2) ACTUAL DAMAGES.

The court shall award to the complaining party the actual damages suffered by the party as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages, if the complaining party elects such damages at any time before final judgment is entered.

(3) STATUTORY DAMAGES.

• (A) At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation (i.e. - per channel per day) of section 12.01 in the sum of not less than $200 or more than $2,500 per act of circumvention, device, product, component, offer, or performance of service, as the court considers just.
• (B) At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 12.02 in the sum of not less than $2,500 or more than $25,000.

CRIMINAL OFFENSES AND PENALTIES

(a) In General:

Any Person who violates section 12.01 willfully and for purposes of commercial advantage or private financial gain (such as, including free cable or satellite signal as part of the rent package or having a tenant pay a minimal charge directly to the landlord for the service)

1. shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and
2. shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense.

No criminal proceeding shall be brought under this section unless such proceeding is commenced within five years after the cause of action arose.