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Sign up now !UTV Software Communication Ltd. and Ors. vs. 1337X to and Ors.
[2019 SCC OnLine Del 8002 : (2019) 78 PTC 375]
Coram: Single Judge Bench comprising of Hon’ble Justice Manmohan.
Forum: Hon’ble High Court of Delhi
Case No.: CS(COMM) 724/ 2017 & IAs 12269/2017, 12271/2017,6985/2018, 8949/2018 and 16781/2018.
Date of Decision: April 10, 2019.
Conclusion
Facts:
- UTV Software Communication Ltd. (Plaintiffs) filed eight suits against the Defendant's claiming an injunction for copyright infringement.
- The Plaintiffs were engaged in the business of creating content, producing and distributing cinematographic films around the world, including in India.
- The Defendants were falling under four categories namely John Doe Defendants, ISPs, Government Departments, and certain identifiable websites. They communicated the cinematograph films in which Plaintiff held copyrights, to the public without authorization.
- Even though the Defendants’ websites did not respond to the summons, the Court gave the decision ex parte deeming it to be a matter of public importance.
- The Plaintiff sought the following reliefs:
a) Permanent injunction to prevent the Defendants from hosting, communicating, or making available the Plaintiffs' original content on their website.
b) Directions to ISPs to block access to the Defendants' websites.
c) Order for Registrars of the Defendants' websites to disclose the contact and other relevant details of the registrants.
Main Issue:
Whether an infringer of copyright on the internet is to be treated differently from an infringer in the physical world?
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