CS(COMM) 353/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CS(COMM) 353/2021

STAR INDIA PVT LTD & ANR.

..... Plaintiffs

Through:

Mr. Angad S. Makkar and Mr.

Yatinder Garg, Advs.

versus

YODESISERIAL.SU & ORS

..... Defendants

Through:

Mr.

Apoorv

Kurup,

Mr.

Kirtedhadicha and Mr. Shivansh, Advs.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

JUDGMENT (ORAL)

%

04.10.2023

CS(COMM) 353/2021

1.

The plaintiffs are producers of various television shows, films

and web series, broadcasted on their channels as well as on the Disney

plus Hotstar platform, which is stated to be owned and operated by

Plaintiff No. 2. The present plaint asserts copyright, of the plaintiff, in

respect of the following contents/films/shows:

S. No.

Name of the Show

1. Yeh Rishta Kya Kehlaata Hai

2. Ghum Hai Kisi Ke Pyaar Meiin

3. Anupamaa

4. Yeh Hai Chahatein

5. Imlie

6. Saath Nibhaana Saathiya 2

7. Aapki Nazron Ne Samjha

8. Pandya Store

Digitally Signed

By:HARIOM

Signing Date:05.10.2023

16:44:57

Signature Not Verified

CS(COMM) 353/2021

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9. Mehndi Hai Rachne Waali

10. Zindagi Mere Ghar Aana

11. Yeh Rishtey Hain Pyaar Ke

12. Ek Hazaroon Mein Meri Behna Hai

13. Lakshmi Ghar Aayi

14. Mann Ki Awaaz Pratigya 2

15. RadhaKrishn - Punar Milan

16. City of Dreams (2 Seasons - Second season coming

out on July 30)

17. Grahan

18. November Story

19. Ok Computer

20. 1232 Kms

21. Live Telecast

22. Triples

23. Hundred

24. Special Ops

25. Roar of the Lion

26. 1962: War in the Hills

2.

The plaintiffs have also placed on record the agreements

whereunder the plaintiffs produced the aforesaid shows/films and

became the first owner of copyright therein, and has also filed a

tabular statement referring to the relevant paragraphs of the said

agreements. These agreements indicate that, as the producers of the

aforesaid shows, the plaintiffs are the first owner and copyright holder

therein, within the meaning of Section 14(d) of the Copyright Act,

1957.

3.

Prima facie, therefore, exclusive rights to stream or telecast the

content contained in the aforesaid 26 items vests in the plaintiffs, to

the exclusion of others.

4.

For this purpose, the plaintiffs have also relied on Sections 37

and 51 of the Copyright Act.

Digitally Signed

By:HARIOM

Signing Date:05.10.2023

16:44:57

Signature Not Verified

CS(COMM) 353/2021

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5.

Defendant Nos. 1 to 48, initially impleaded are, according to the

plaint, rogue websites, engaged in the business of piracy of

copyrighted content on the internet. The plaint has placed, on record,

from pages 234 to 1004, material to indicate that the defendants’

websites are engaging in piracy of the content over which the

plaintiffs holds copyright.

6.

In such circumstances, submitted the plaintiffs, the Division

Bench of this Court has, in Department of Electronics & Information

Technology v. Star India Pvt. Ltd.¹ and a learned Single Judge of this

Court

has,

in

UTV

Software

Communication

Ltd.

v.

Torrentmovies.Co², approved/taking down of the rogue websites.

7.

The materials placed on record from pages 234 to 1004 of the

documents filed with the plaint, do make out a case of the defendants

engaging in rampant piracy of copyrighted content, thereby satisfying

the concept of “rogue websites” as envisaged by this Court in the

aforesaid two decisions in UTV Software Communication Ltd². and

Department of Electronics & Information Technology¹.

8.

Defendant No. 49 is the domain name registrar of Defendant

No. 48. Defendant Nos. 50 to 58 are internet and telecom service

providers (ISPs)