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2016 Supreme(Del) 4529

S.RAVINDRA BHAT, DEEPA SHARMA
Myspace Inc. – Appellant
Versus
Super Cassettes Industries Ltd. – Respondent


Advocates Appeared:
For the Appellant : Sh. Rajendra Kumar, Sh. Prashant Gupta, Sh. Kanishk Kumar
For the Respondent: Sh. Amit Sibal, Sh. Neel Mason, Sh. Ankit Relan, Sh. Harsh Kaushik, Sh. Vinay. P. Tripathi, Ms Ridhima Pabbi, Ms. Rashi Punia, Sh. Sameer Rohatgi
For the Intervener : Ms. Shwetasree Majumdar, Ms. Tanya Verma
For the Intervener/Flipkart Internet Pvt. Ltd. : Ms. Kanika Jain

Judgement Key Points

Section 79 of the IT Act is discussed in the paragraph that explains the scope and application of intermediary protections, particularly focusing on the conditions under which an intermediary can claim safe harbor from liability. It details the provisions that require intermediaries to observe due diligence, not initiate or modify transmission, and respond appropriately upon receiving specific notices of infringement. The paragraph emphasizes that Section 79 provides an affirmative defense for intermediaries as long as they meet certain prescribed standards and conditions, and it clarifies the relationship between Section 79 and other relevant laws and provisions within the framework of intermediary liability. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)


JUDGMENT :

S. Ravindra Bhat, J.

1. This is a defendants interlocutory appeal in C.S(OS) 2682/2008 (“the suit”)wherein the order, on application by the plaintiff(“Super Cassettes” or “SCIL”)for interim injunction was granted and the appellant (“MySpace”) was restrained from hosting on its website all of SCIL’s works including future works. Its application for vacation of the previously granted ex parte interim injunction was dismissed. SCIL’s suit claimed permanent injunction restraining Myspace from infringing and exploiting its intellectual property, primarily the copyright owned by it in cinematograph films, sound recordings, and literary and musical works and has also claimed damages for such exploitation. This court, by the present judgment is conscious of the caution sounded in regard to interlocutory judgments by the Supreme Court in International Confederation of Societies of Authors and Composers Vs. Aditya Pandey, 2016 SCC Online 967 (decided: 20 September 2016),that “an elaborate reasoning with the “footnote” that the same are prima facie or tentative is hardly an eff



































































































































































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