The Delhi High Court, in an effort to curb the dissemination of pirated content on the internet, has locked and suspended sixty-one ‘rogue websites’ which were unlawfully disseminating and communicating a large quantum of copyrighted content of the Universal Studios, Warner Bros., Columbia Pictures, Netflix, Paramount Pictures, and Disney.
Brief Facts of the Case:
The Plaintiffs, involved in the production and distribution of original creative content, including cinematograph films, TV series, and motion pictures, filed a suit against various websites that were unlawfully disseminating copyrighted content owned by the Plaintiffs. The content could be accessed on various devices, and authorized streaming and downloading were also possible. The Plaintiffs claimed copyright in the entire content, protectable as cinematograph films, and rights in underlying works under the Copyright Act, 1957. The plaintiffs claimed that this unauthorized use of their content constituted infringement of copyright also resulting in enormous monetary loss for them.
Contentions of the Plaintiffs:
The plaintiffs argued that the dynamic nature of their content and the continuous addition of new content made them susceptible to infringement. While the Defendants, engaged in unlicensed distribution of copyrighted material, were causing substantial monetary loss to the plaintiffs. The plaintiffs highlighted features of these websites, including anonymity, lack of contact details, and revenue generation through advertisements and VPN services.
Observations by the Court:
The High Court recognised the global nature of internet piracy and the limitations of localised injunctions, emphasising the importance of a global consensus to combat piracy effectively.
The Court discussed the legal precedent set forth in ‘UTV Software Communication Ltd. and Ors. vs. 1337x.to and Ors.[1],’ where the Court took note of the dynamic nature in which duplication of websites can happen, especially because mirror websites can spring up within a matter of a few minutes.
The High Court referred to the decision in the case of 'Universal City Studios LLC. & Ors. vs. Dotmovies.baby & Ors'[2]. The Court in this case had considered the issue of dynamic content and emphasised the power of the Court to order Internet Service Providers (ISPs) and the Department of Telecommunications (DoT) to take measures to stop current infringements and prevent future ones. The judgment recognises the global nature of internet piracy and the need for a global consensus to combat it effectively. The Court also emphasised the importance of dynamic injunctions to protect copyrighted works, including future works, in a rapidly evolving technological landscape.
Decision of the Court:
The High Court granted an ex-parte ad-interim injunction against the rogue websites. The balance of convenience and the potential for irreparable harm to the Plaintiffs' economic and moral rights favoured the grant of the injunction.
The Court directed ISPs, DoT, and MeitY to take blocking measures against these websites and also instructed domain name registrars to lock and suspend such domain names.
Case Title: Universal City Studios LLC. & Ors. vs. Fztvseries.mobi & Ors.
Coram: Hon'ble Ms. Justice Pratibha M Singh
Case no.: CS(COMM) 833/2023, I.As. 23077/2023, 23078/2023 & 23079/2023
Advocates for the Plaintiffs: Mr. Saikrishna Rajagopal, Ms. Suhasini Raina, Ms. R. Ramya, Ms. Mehr Sidhu and Mr. Raghav Goyal, Advocates
Read Judgment @LatestLaws.com
[1] 2019 Latest Caselaw 1956 Del
[2] 2023:DHC:5842
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