Delhi HC restrains 16 websites from streaming illegal content from six American studios

In a first, the Delhi High Court has passed an interim restrainment on 16 rogue websites along with their alphanumeric variations, to prevent the streaming or downloading of content from six American Studios. This has been done through the issuance of a 'Dynamic+ Injunction'.

As per Justice Prathiba M Singh, ‘dynamic+ injunction’ has been issued keeping pace with the dynamic nature of infringement being undertaken by the ‘hydra-headed websites’ which have the potential to curb creation of copyrighted content and hurt the thriving content creation industry in India and across the globe.

The Central government and ISPs have been ordered to block these websites within a week.

This move is aimed at curbing the menace of illegally viewing, streaming, accessing and downloading copyrighted content of Netflix Studios, Disney Enterprises, Warners Bros, Columbia Pictures, Paramount Pictures, and Universal City Studios without any license or authorisation.

“To keep pace with the dynamic nature of the infringement that is undertaken by hydra-headed websites, this Court has deemed it appropriate to issue this ‘Dynamic+ injunction’ to protect copyrighted works as soon as they are created, to ensure that no irreparable loss is caused to the authors and owners of copyrighted works, as there is an imminent possibility of works being uploaded on rogue websites or their newer versions immediately upon the films/shows/series etc,” the Court order stated.

Advocates Saikrishna Rajagopal, Suhasini Raina, Anjali Agarwal, Mehr Sidhu, Raghav Goyal and R Ramya who were appearing for the plaintiff studios also argued that these websites have forms which ask viewers to suggest more content that can be uploaded as well as urge them to join platforms like Telegram which support sharing of such voluminous content.

Underlining the need to evolve a global consensus to protect copyright owners despite Internet Service Providers (ISPs) blocking such websites, the same can be accessed through VPN servers or “other methods to which the long arm of the law cannot extend”, the Court opined that there is a need to pass injunctions which are also dynamic qua the Plaintiffs.

“It is seen that upon any film or series being released, they may be immediately uploaded on rogue websites, causing severe and instant monetary loss. Copyright in future works comes into existence immediately upon the work being created, and Plaintiffs may not be able to approach the Court for each and every film or series that is produced in the future, to secure an injunction against piracy,” it mentioned.

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