The Delhi High Court has issued a dynamic injunction in favor of Applause Entertainment Private Limited, permanently restraining various rogue websites that were illegally streaming and making available to the public the web series "Undekhi" on the digital platform SonyLIV.
Court's Observations and Ruling
Justice Amit Bansal, presiding over the case, noted that the defendant websites had been offering access to the series without obtaining any valid license or authorization from Applause Entertainment.
"It is clear from the aforesaid analysis that the defendants are rogue websites that are actively and knowingly creating, developing, distributing, and making available the plaintiff's show/series on their websites with the common object of exploiting the copyright-protected works of the plaintiff," the Court remarked.
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Despite previous blocking orders issued by the Court, these rogue websites resurfaced under new domain names, often as mirror or alphanumeric versions of their earlier blocked counterparts. This maneuver enabled them to continue facilitating copyright infringement.
"The defendants' activities have caused irreparable harm to the plaintiffs, as these rogue websites not only violate and infringe the copyrights of the plaintiff in its series/show but also erode and dilute the value of the exclusive rights by taking away significant revenues from the plaintiff," the Court further stated.
The legal action revolved around Applause Entertainment’s rights over the third season of the series, which premiered in May last year. Recognizing the ongoing damage caused by these rogue websites, the Court ruled in favor of Applause Entertainment.
The Court also granted permission to Applause Entertainment to implead mirror websites that facilitate access to the defendant websites. The company can now file an application under Order I Rule 10 CPC, supported by affidavits and evidence, to take action against these mirror sites.
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Government Intervention and ISP Blocking
Further strengthening its stance against piracy, the Court directed the Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MeitY) to issue a notification requiring internet service providers (ISPs) to block access to the defendant websites.
This decision is a significant step in the fight against online piracy, ensuring that copyright holders like Applause Entertainment can protect their intellectual property rights and revenues from unauthorized distribution.
Title: APPLAUSE ENTERTAINMENT PRIVATE LIMITED v. WWW.9XMOVIES.COM.TW & ORS.
