“An Imminent Need to Evolve a Global Consensus”: Delhi Court Issues ‘Dynamic Injunction’ Against Internet Piracy
In a landmark decision aimed at combating internet piracy, the Delhi High Court, presided over by Justice PRATHIBA M. SINGH, has issued a ‘Dynamic+ injunction’ against rogue websites involved in unauthorized streaming, reproduction, and distribution of copyrighted content.
Highlighting the global issue of piracy, the Court observed, ”The dynamism of the injunction, by itself, in one country or another may not, however, be sufficient to protect copyright owners. There is an imminent need to evolve a global consensus in this regard.” [Para 16]
The judgment comes in response to a suit filed by well-established Hollywood Studios against various websites that permit unauthorized viewing, streaming, accessing, and downloading of their content. The Court recognized the immediate and severe monetary loss that can occur from piracy and emphasized the need for innovative remedies to keep pace with technological advancements.
In a strong message against internet piracy, the Court stated, ”As innovation in technology continues, remedies to be granted also ought to be calibrated by Courts.” [Para 19]
The decision includes an ex parte ad interim injunction restraining the Defendants from any manner of streaming, reproducing, distributing, or communicating the Plaintiffs’ copyrighted content, including future works. ISPs were directed to block said websites, and Domain Name Registrars were ordered to lock and suspend domain names, providing details to Plaintiffs.
The Court also referred to a recent Bombay High Court decision in Applause Entertainment Pvt. Ltd. V. Meta Platforms Inc., emphasizing the need for dynamic injunctions that extend to future content.
This judgment reflects a comprehensive approach to combating internet piracy, recognizing the dynamic nature of infringement, and providing a robust legal framework to protect copyright owners.
Date of decision: 9th August, 2023
UNIVERSAL CITY STUDIOS LLC. AND ORS. vs DOTMOVIES.BABY AND ORS.
