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2019 Supreme(Del) 713

MANMOHAN
UTV SOFTWARE COMMUNICATION LTD – Appellant
Versus
1337X TO – Respondent


Advocates Appeared:
Saikrishna Rajagopal, Adv., Suhasini Raina, Adv., Gitanjali Mathew, Adv., Disha Sharma, Adv., Hemant Singh, Adv., Mamta Jha, Adv., Tanvir Nayar, Adv., Ramnish Khanna, Adv., Abhishek Bakshi, Adv., Suruchi Thapar, Adv., Ajay Kumar, Adv., K.R. Sasiprabhu, Adv., Aditya Shandilya, Adv., Tushar Bhardwaj, Adv., Ruchir Mishra, Adv., Mukesh Kr Tiwari, Adv., A.P. Sahay, Adv., Suraj Kumar, Adv., Vineet S Shrivastawa, Adv., T.N. Durga Prasad, Adv., Gagan Kumar, Adv., Ajay Digpaul, Adv., Madhuri Dhingra, Adv., Vineet S Shrivastwa, Adv., Vivek Goyal, Adv., Pawan Pathak, Adv., Akshay Makhija, Adv., Ankit Tyuagi, Adv., Shiva Lakshmi, Adv., Siddharth Singh, Adv.

JUDGMENT :

Manmohan, J.

"Whoops! The web is not the web we wanted in every respect"

Tim Berners-Lee, Inventor of Web.

It is rare that in an ex-parte matter questions of law of general public importance arise for consideration. However, in the present batch of ex-parte matters the following seminal issues arise for consideration:-

(A) Whether an infringer of copyright on the internet is to be treated differently from an infringer in the physical world?

(B) Whether seeking blocking of a website dedicated to piracy makes one an opponent of a free and open internet?

(C) What is a 'Rogue Website'?

(D) Whether the test for determining a 'Rogue Website' is a qualitative or a quantitative one?

(E)Whether the defendant-websites fall in the category of 'Rogue Websites'?

(F) Whether this Court would be justified to pass directions to block the 'Rogue Websites' in their entirety?

(G) How should the Court deal with the 'hydra headed' 'Rogue Websites' who on being blocked, actually multiply and resurface as redirect or mirror or alphanumeric websites?

BRIEF FACTS

2. The present eight suits have been file
































































































































































































































































































































































































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