Introduction:
In this case suit was filed by Plaintiffs against the multiple defendants for engaging in online piracy by making original content available for download and otherwise facilitating access to infringing and illegal content. The lawsuit seeks a permanent injunction, rendition of accounts, and damages for the infringement of exclusive rights in the plaintiffs’ original content/work, which is protected under the Copyright Act, 1957.
Plaintiff:
The plaintiffs in the present case are Universal City Studios LLC., Warner Bros. Entertainment Inc., Columbia Picture Industries, Inc., Netflix Studios, LLC., Paramount Pictures Corporation and Disney Enterprises, Inc. which are globally renowned entertainment companies and carry license to communicate their content online.
The defendant no. 1 to 40 are rouge websites indulged in piracy works. The websites have no authority or license to publish any content of the plaintiff. The defendant is indulged in creating copy of the cinematograph films, motion pictures, television programs or other audio-visual content, on devices connected to the Internet, including storing of it in any medium by electronic or other means and communicating the original content to the public.
Claim:
The plaintiffs have gathered evidence regarding the infringing activities of the defendants. It is found by the plaintiffs that the operator of the defendant website are using “pirate branding” to signal to users that the defendant websites are merely new iterations of sites that have been blocked earlier. It is also alleged by the plaintiff’s that despite being sent legal notices to all the defendants to cease from all infringing activities, they continue to infringe the rights of the plaintiff’s, therefore they are liable for infringement of the plaintiffs’ copyright works under Section 51(a)(ii), Section 51(b) and Section 51(a)(i) of the Copyright Act. To support their claim the plaintiff has placed reliance in the judgement of UTV Software Communication Ltd. &Anr. v. 1337x.to and Ors.
Court:
The High Court of New Delhi is of the opinion that a prima facie case has been made out in the favour of the plaintiff. Further, irreparable harm or injury would be caused to the plaintiffs if an interim injunction order is not passed. Defendants along with associated people are “restrained, from, in any manner hosting, streaming, reproducing, distributing, making available to the public and/or communicating to the public, or facilitating the same, or their websites, through the internet in any manner whatsoever, any cinematograph work/content/programme/show in relation to which plaintiffs have a copyright.” Also various departments of communication impleaded as defendant 51 and 52 are required to block down the infringing sites within five days of this order.
[1] Universal City Studios Llc & Ors. Versus. Fzmovies.Net & Ors.
DUCTUS EDGE 