S.J.KATHAWALLA
Tips Industries Ltd. – Appellant
Versus
Wynk Music Ltd. – Respondent
S.J. KATHAWALLA, J.
1. The question which is being answered by this Court in the present matter is associated with the issue of easy/ready access to music/sound recording vis-a-vis the restrictions which can be put on the same by the bonafide owners of copyright in the said music and/or sound recording. The advent of the internet has irreversibly made a global impact upon the functioning of society and the music industry is no exception. In the past, a musicophile's desire to access the latest song album or favourite classic would inevitably lead him to the doorstep of a record store or have him sifting through the radio channels on a traditional radio/transistor. Whereas today, any song is just a couple of clicks away. The rapid technological advancement in the music industry, has phased out the traditional purchase of records, cassettes, compact discs, etc. The innovation of online streaming services such as the services provided by the present Defendants, have rendered the same obsolete and antiquated. Most users have switched to modern platforms for their music d
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