context: The answer to this question lies in subsection (b)(3), as amended in 1992, which states: "For purposes of all penalties and remedies established for violations of subsection (a)(1) of this section, the prohibited activity established herein as it applies to each such device shall be deemed a separate violation." Although section (b) generally deals with criminal penalties, the plain language of subsection (b)(3) refers to "penalties and remedies," indicating the legislative intent to treat each device as a separate violation when fashioning civil sanctions.
citation_a.signal: but see
citation_a.identifier: 124 F.3d 1044, 1050
citation_a.parenthetical: concluding that "it is inappropriate for a court to multiply a civil damage award under SS 553 based on the number of violations involved in a single action"
citation_a.sentence: See Columbia Cable TV Co. v. McCary, 954 F.Supp. 124, 128 (D.S.C.1996) (treating each decoder device distributed by defendant as a separate violation); Time Warner Cable v. Freedom Elecs., Inc., 897 F.Supp. 1454, 1459 (S.D.Fla.1996) (holding that “[e]ach converter-decoder manufactured or distributed in violation of § 553 is a separate violation of the statute”); but see Continental Cablevision, Inc. v. Poll, 124 F.3d 1044, 1050 (9th Cir.1997) (concluding that “it is inappropriate for a court to multiply a civil damage award under § 553 based on the number of violations involved in a single action”); Lokshin, 980 F.Supp. at 112-15 (rejecting multiple violations theory).
citation_b.signal: see
citation_b.identifier: 897 F.Supp. 1454, 1459
citation_b.parenthetical: holding that "[e]ach converter-decoder manufactured or distributed in violation of SS 553 is a separate violation of the statute"
citation_b.sentence: See Columbia Cable TV Co. v. McCary, 954 F.Supp. 124, 128 (D.S.C.1996) (treating each decoder device distributed by defendant as a separate violation); Time Warner Cable v. Freedom Elecs., Inc., 897 F.Supp. 1454, 1459 (S.D.Fla.1996) (holding that “[e]ach converter-decoder manufactured or distributed in violation of § 553 is a separate violation of the statute”); but see Continental Cablevision, Inc. v. Poll, 124 F.3d 1044, 1050 (9th Cir.1997) (concluding that “it is inappropriate for a court to multiply a civil damage award under § 553 based on the number of violations involved in a single action”); Lokshin, 980 F.Supp. at 112-15 (rejecting multiple violations theory).