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2022 Supreme(Del) 1258

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Neetu Singh & Anr. - Appellantss
Versus
Telegram Fz Llc & Ors. - Respondents
CS (Comm) 282/2020
Decided On : 30-08-2022

Advocates appeared:
Ms. Rajeshwari H. & Ms. Swapnil Gaur, Advocates. (M:- 9897905254, for the Plaintiffs; 8377065347) :- Mr. Amit Sibal, Sr. Adv. with Ms. Anushka Sharda, Mr. Madhav Khosla, Ms. Smriti Nair, Mr. Vinay Tripathi, Mr. Madhav Chitale, Mr. Aishwary Vikram & Mr. Saksham Dhingra, Advs, for the Defendants No.1. (M

Headnote:(A) Copyright Act, 1957 - Sections 2(o), 2(f), 14, 55, 58, 62(2), and 63 - Plaintiff seeking permanent injunction against Defendant for copyright infringement of educational materials on Telegram channels - Clear evidence of unauthorized dissemination of Plaintiffs' copyrighted works through several infringing Telegram channels - Defendant, having knowledge of infringement, instructed to disclose identities of channel operators - Jurisdiction affirmed despite Telegram's servers being outside India. (Paras 26-40)

(B) Intermediary Liability - Duty of intermediaries under IT Act and Guidelines - Intermediaries must comply with court orders and cannot shield infringers behind privacy policies or foreign data laws - Creators of infringing content must be identifiable for copyright owners to claim remedies. (Paras 41-46)

Facts of the case:
Plaintiffs, renowned educators, filed suit against Telegram for unauthorized sharing of their copyrighted educational materials across multiple Telegram channels, undermining their rights as copyright holders. Despite notifications, infringing channels proliferated, necessitating court intervention.

Findings of Court:
Telegram must disclose details of infringing channel operators to enable Plaintiffs to pursue remedies under copyright law, thereby upholding their rights against infringement.

Issues: The key issues included the obligation of Telegram as an intermediary to provide identifying information of infringing channel operators and the jurisdiction of Indian courts given the international operations of Telegram.

Ratio Decidendi: The court ruled that location of servers abroad does not exempt an intermediary from complying with local laws regarding copyright infringement and that the failure to disclose user identity contravenes the rights of copyright owners under Indian law.

Result: The application for disclosure of identities and details of infringing channels was allowed, with Telegram directed to comply within two weeks.

Table of Content
1. infringement of copyright due to unauthorized dissemination. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments for and against disclosure of identities of infringers. (Para 10 , 11 , 20)
3. court's analysis on jurisdiction, disclosure, and applicability of copyright laws. (Para 13 , 14 , 15 , 21)
4. court's ruling justifying disclosure of infringers' identities. (Para 40 , 46)
5. order requiring telegram to disclose details of infringing channels. (Para 47 , 48)

JUDGMENT

Prathiba M. Singh, J. -

I.A. 8461/2020 (u/O XI CPC seeking discovery and directions to Defendant No. 1 to disclose identity of infringing channels)

Brief Facts

1. The Plaintiffs - Ms. Neetu Singh and K.D. Campus Pvt. Ltd. have filed the present suit seeking permanent injunction restraining infringement of copyright, damages and other reliefs in respect of unauthorized dissemination of the Plaintiffs' videos, lecture, books, etc.

2. The case of the Plaintiffs is that Plaintiff No.1 is a renowned author of books which are designed to train students aspiring to take various competitive examinations including the examinations of Staff Selection Commission (SSC), Bank Probationary Officer (PO), CDS, NDA, etc. Plaintiff No.1 - Ms. Neetu Singh founded Plaintiff No.2 - M/s K.D. Campus, which runs coaching centres for these competitive exams. The suit has been filed by the Plaintiffs against Defendant No.1/Telegram FZ LLC (hereinafter 'Telegram') and Defendant No.2/John Doe, i.e., unknown persons.

3. The Telegram app is a messaging platform capable of being downloaded on mobile phones, computers, tabs and other similar gadgets, which enables transmission of text, audio files, video files, images, documents etc. The allegation in the suit is that the Plaintiffs' copyrighted works including course material, online lectures and other works are being disseminated unauthorizedly through various Telegram channels, some of which, as set out in the plaint, are as under:

. Neetu maam course (t.me/vshusinha1010);

. Neetu singh mam (t.me/EnglishbyNeetusinghmam);

. English (t.me/neetu-singh-mam);

. English Spoken by Neetu Singh (t.me/NeetuEnglish4Me);

. English By Neetu singh PDF (t.me/camastrammeena);

. Careerwill Paid classes (t.me/careerwill-ssc);

. Neetu mam English discussion (t.me/neetumamenglish);

. Neetu mam (t.me/Neetu2865);

. Kd campus live (t.me/kdcampusofficial22);

. Kd Campus Live (t.me/kdcampuslive);

. Kd live neetu mam (t.me/cjnvdb);

. Neetu mam English (free) (t.me/paidcourseforfree009);

. English by Neetu singh (t.me/kdcampus02);

\. (t.me/neetuenglish);

. ENGLISH SPECIAL NEETU SINGH PAID VIDEO (t.me/rahul202122);

. SSC Courses Neetu (t.me/ssccoursepaid1);

. Free all course (t.me/freeallcourse);

. Free all course (t.me/careerwillfreeallcourseofficial);

. FREE PAID COURSES FOR ALL EXAMS (t.me/Paid-Coursefree);

. PAID VIDEO FREE COURSE (t.me/paidvideofreecourse);

. Ssc bank mains paid material (t.me/bankingpd);

. Neetu English (t.me/Neetuenglishfree);

. NEETU SINGH ENGLISH (t.me/digitalboardhai);

. NEETU SINGH ENGLISH (t.me/getpaidcourse5);

. All competition class (t.me/PRATEEKNAIK);

. SSC Courses Neetu Singh, gopal verma, abhinay sir plus, e1 coaching, neon classes, CGL CHSL and many more. (t.me/ssccoursespaid1);

. English mains by gopal verma& Christopher (t.me/egvianss);

. Govtclasses:tm:Govt:exclamation:Classes:black-circle: (t.me/govtclasses);

. Exam Material For You (t.me/exammaterialforyou);

. Carrer will app paid videos (t.me/carrerwillvideosfree), etc.

4. The Plaintiffs aver that on these channels, videos of the lectures delivered by Plaintiff No.1 are being uploaded on a daily basis and being made accessible to students at discounted rates. The screenshots of the said videos are extracted in the plaint. The Plaintiffs also found that the books of the Plaintiffs including books titled 'Plinth to Paramount' etc. are being circulated in PDF formats on Telegram channels.

5. In so far as Telegram's role is concerned, according to the Plaintiffs, as per the Privacy Policy of Telegram, any abus

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