Delhi High Court - Orders
Disney Enterprises, Inc. & Ors vs Rlsbb.Unblocked.Ltda & Ors on 12 March, 2020
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 594/2019, I.A. 14909/2019
DISNEY ENTERPRISES, INC. & ORS. ..... Plaintiffs
Through: Ms.Sneha Jain, Ms.Disha Sharma and
Ms.Snehima Jauhari, Advs.
versus
RLSBB.UNBLOCKED.LTDA & ORS. ..... Defendants
Through: Mr.Abhay Prakash Sahay, CGSC
with Ms.Mannu Singh, Mr.Sagar and
Ms.Indira Goswami, Advs. for R-42
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 12.03.2020
1. The plaintiffs have filed he present suit with the following prayers:
"In light of the foregoing, it is most respectfully prayed that this Hon'ble Court may be pleased to:
i. Issue an order and decree of permanent injunction restraining the Defendant Nos. 1-32 (and such other mirror/redirect/alphanumeric websites discovered to provide additional means of accessing the Defendant Websites, and other domains/domain owners/website operators/entities which are discovered to have been engaging in infringing the Plaintiffs' exclusive rights), its owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, from, in any manner hosting, streaming, reproducing, distributing, making available to the public and/or communicating to the public, or facilitating the same, on their websites, through the internet in any manner whatsoever, any cinematograph work/content/programme/ show in relation to which Plaintiffs have copyright, Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 ii. Issue an order and decree directing the Defendant Nos.33-41, their directors, partners, proprietors, officers, affiliates, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, to block access to the Defendant Nos. 1-32 websites identified by the Plaintiffs in the instant suit (and such other mirror/redirect/alphanumeric websites discovered to provide additional means of accessing the Defendant Website, and other domains/domain owners/website operators/entities which are discovered to have been engaging in infringing the Plaintiffs' exclusive rights).
iii. Issue an order directing the Defendant Nos. 42 and 43, to issue a notification calling upon the various internet and telecom service providers registered under it to block access to the Defendant Nos. 1-32 websites identified by the Plaintiffs in the instant suit (and such other mirror/redirect/alphanumeric websites discovered to provide additional means of accessing the Defendant Websites, and other domains/domain owners/website operators/entities which are discovered to have been engaging in infringing the Plaintiffs' exclusive rights);
iv Issue an order directing the Domain Name Registrars of the Defendant Websites identified by the Plaintiffs in the Plaint to disclose the contact details and other details about the owner of the said websites, and other such relief as this Hon'ble Court may deem fit and proper;
v. Pass any other Order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the Plaintiff.
It is prayed accordingly."
2. Plaintiffs are amongst the leading Global Entertainment Companies engaged in the business of creation, production and distribution of motion Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 pictures / cinematograph films. The claim of the plaintiffs are premised on the allegation of illegal and unauthorised distribution, broadcasting, rebroadcasting, transmission and streaming of the plaintiffs' content by defendant Nos. 1 to 32 and 45 to 135 (hereinafter referred to as "rogue websites").
3. It is the case of the plaintiffs that as a result of the unauthorised transmission of their content, the defendant websites infringe their copyright in the original works produced by them to be protected under the provisions of the Copyright Act, 1957. The plaintiffs have impleaded various ISPs as defendant Nos. 33 to 41 and concerned Department of Government of India as defendant Nos.42 and 43.
4. The plaintiffs alleged that the defendant Nos. 1 to 32 and 45 to 135 are the rogue websites. It is also the case of the plaintiffs that the plaintiffs conducted investigation through an independent investigator, which investigation revealed the infringing activity of the defendant websites. Inasmuch as the websites have infringed the plaintiffs' original content or facilitating the use of the defendant websites, inter alia by downloading and streaming the plaintiffs' original content.
5. It is also the case of the plaintiffs that a legal notice was served on the defendant websites calling upon them to cease from engaging in their infringing activities. It is also the case of the plaintiffs despite legal notice defendant websites continue to infringe the rights of the plaintiffs original content.
6. On October 24, 2019, this Court had passed the following interim order:
"CS(COMM) 594/2019 Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27
1. Let the plaint be registered as a suit.
2. Issue summons to all the Defendants through email returnable on January 13, 2020.
3. The summons to the Defendants shall indicate that a written statement to the plaint shall be filed positively within 30 days from date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement shall not be taken on record.
4. Liberty is given to the Plaintiffs to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiffs, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiffs, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
5. List before the Joint Registrar for marking of exhibits on January 13, 2020. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
6. List before Court on March 12, 2020.
IA. 14909/2019 (U/O 39 Rule 1 & 2 CPC)
7. Issue notice to the Defendants through email, returnable on March 12, 2020.
8. The present suit has been filed for permanent injunction, Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 rendition of accounts and damages etc. Plaintiffs are amongst the leading Global Entertainment Companies engaged in the business of creation, production and distribution of motion pictures / cinematograph films.
9. Defendants Nos. 1-32 which include rlsbb.unblocked.ltda, with the additional domain rlsbb.unblocked.nz (hereinafter Defendant No. 1), ddlvalley.me (hereinafter Defendant No. 2), rutor.info, with the additional domainrutor.is (hereinafter Defendant No. 3), babytorrents.net with the additional domain babytorrent.st (hereinafter Defendant No. 4), vikv.net (hereinafter Defendant No. 5), vextorrents.com (hereinafter Defendant No. 6), gdrivedl.xyz (hereinafter Defendant No. 7), scnsrc.me with the additional domain scenesource.me (hereinafter Defendant No. 8), x265movies.co (hereinafter Defendant No. 9), hdmoviesapk.in (hereinafter Defendant No. 10), filmypoint.site with the additional domain filmypoint.cc (hereinafter Defendant No. 11), 123tvstream.com (hereinafter Defendant No. 12), gomovies.cool (hereinafter Defendant No. 13), moviesghar.best (hereinafter Defendant No. 14), khaanflix.com with additional domain dutafilm.pw (hereinafter Defendant No. 15), 1movies.is (hereinafter Defendant No. 16), ssrmovies.ind.in with the additional domain ssrmovies.biz (hereinafter Defendant No.
17), hindiview.com (hereinafter Defendant No. 18), yesmovies.fm (hereinafter Defendant No. 19), hdhub4u.casa with the additional domain hdhub4u.press (hereinafter Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 Defendant No. 20), sdmoviespoint.me (hereinafter Defendant No. 21), prox4you.pro with the additional domain prox4you.info (hereinafter Defendant No. 22), mrunlock.space (hereinafter Defendant No. 23), nocensor.casa with the additional domains nocensor.fun, nocensor.icu (hereinafter Defendant No. 24), unblockproject.icu with the additional domains unblockproject.info, unblockproject.xyz, unblockproject.live (hereinafter Defendant No. 25), 123unblock.fun with the additional domains 123unblock.info, 123unblock.icu (hereinafter Defendant No. 26), unblocked.to with the additional domains unblocked.ltda, unblocked.dk, unblocked.ms, unblocked.cam, unblocked.krd, unblocked.srl, unblocked.bid, unblocked.pl, unblocked.pet, unblocked.vip, unblocked.tv, unblocked.llc, unblocked.app, unblocked.uno, unblocked.ist, unblocked.ink, unblocked.one, unblocked.nz, fmovies.unblocked.krd, fmovies.unblocked.pet (hereinafter Defendant No. 27) unlockproject.live (hereinafter Defendant No. 28), unblockninja.info (hereinafter Defendant No. 29), proxybit.pro (hereinafter Defendant No. 30), proxyportal.ws (hereinafter Defendant No. 31); hollymovies4u.com (hereinafter Defendant No. 32);(hereinafter referred to as "Defendant Websites" collectively). The Defendants have been joined together as Defendants, as each of the websites is clearly related, as can be seen from one or more of the following: the identity of the sites' contents, the identity / similarity in the look and feel of the websites' display; similarity in their domain Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 names; the same operator contact details; and/or the fact that content from one site is available on the other sites. Defendant Websites are online locations which enables users of the Defendant Websites' services to: (a) view (by a process known as "streaming / downloading") cinematograph films, being motion pictures, television programs or other audio-visual content, on devices connected to the Internet; (b) cause copies of those cinematograph films to be downloaded onto the memory of their devices for watching later or enabling others to watch or further copy those cinematograph films; and/or (c) identify other online locations including (by a process known as "linking") which enables those users to engage in the activities set out in (a) or (b).
10. It is stated in the plaint that Defendant Websites are primarily and substantially engaged in communicating to the public, hosting, streaming and/or making available to the public Plaintiffs' original content without authorization, and/or facilitating the same. Defendant Nos. 1 to 32 are making available, illegally and unauthorizedly, content of various parties like Disney Enterprises, Inc., Paramount Pictures Corporation, Columbia Pictures Industries, Inc., Universal City Studios LLC., and Netflix Entertainment Services India LLP, etc. (hereinafter referred to as 'studios').
11. It is further submitted that Plaintiffs' films are works of visual recording and include sound recordings accompanying such visual recordings, which qualify as a "cinematograph Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 film" under Section 2(f) of the Copyright Act, 1957 (hereinafter 'the Act'). Further, by virtue of Section 13(1) read with Section 13(2), Section 5 and Section 40 of the Act, the Plaintiffs' cinematograph films whether released or not released in India would be entitled to all rights and protections granted under the Act for cinematograph films. The cinematograph films produced by the Plaintiffs are "works" as defined under Section 2(y) of the Act, Plaintiffs have all the rights in such cinematograph films granted under Section 14(d) of the Act, and Plaintiffs are the author and/or first owner and/or owners (under Section 17 of the Act) of the following illustrative list of cinematograph films that are entitled to protection under the Act:
Studio Film/ Series Year
DEI Finding Dory 2016
DEI The Jungle Book 2016
Warner Suicide Squad 2016
Warner The Conjuring 2 2016
Warner Wonder Woman 2017
Warner A Star Is Born 2018
Warner Aquaman 2018
Warner Arrow - Season 8 2019
Warner Joker 2019
Netflix Stranger Things - Season 3 2019
Netflix Triple Frontier 2019
Netflix Sacred Games - Season 2 2019
Netflix Sacred Games - Season 1 2018
Netflix Ibiza 2018
Netflix Stranger Things - Season 2 2017
Netflix Stranger Things - Season 1 2016
Columbia Miracles from Heaven 2016
Columbia This is the End 2013
Signature Not Verified
Digitally Signed By:ASHEESH
KUMAR YADAV
Signing Date:13.03.2020
16:02:27
Paramount Transformers: Age of 2014
Extinction
Paramount Transformers: The Last Knight 2017
Paramount xXx: Return of Xander Cage 2017
Universal The Purge: Election Year 2016
Universal Straight Outta Compton 2015
Universal The Secret Life of Pets 2016
Universal The Secret Life of Pets 2 2019
12. In order to protect and enforce their exclusive rights, the Plaintiffs investigated and monitored the Defendant Websites and gathered evidence of their infringing activity. During the period of investigation the Defendant Websites infringed the Plaintiffs' Original Content or facilitated the same, using or facilitating the use of the Defendant Websites, inter alia, by downloading and streaming the Plaintiffs' Original Content. The illustrative list of illegal content made available by Defendant Nos. 1 to 32, that are entitled to protection under the Act are mentioned hereinbelow:
Studio Film/ Series Year
DEI Finding Dory 2016
DEI The Jungle Book 2016
Warner Suicide Squad 2016
Warner The Conjuring 2 2016
Warner Wonder Woman 2017
Warner A Star Is Born 2018
Warner Aquaman 2018
Warner Arrow - Season 8 2019
Warner Joker 2019
Netflix Stranger Things - Season 3 2019
Netflix Triple Frontier 2019
Signature Not Verified
Digitally Signed By:ASHEESH
KUMAR YADAV
Signing Date:13.03.2020
16:02:27
Netflix Sacred Games - Season 2 2019
Netflix Sacred Games - Season 1 2018
Netflix Ibiza 2018
Netflix Stranger Things - Season 2 2017
Netflix Stranger Things - Season 1 2016
Columbia Miracles from Heaven 2016
Columbia This is the End 2013
Paramount Transformers: Age of 2014
Extinction
Paramount Transformers: The Last Knight 2017
Paramount xXx: Return of Xander Cage 2017
Universal The Purge: Election Year 2016
Universal Straight Outta Compton 2015
Universal The Secret Life of Pets 2016
Universal The Secret Life of Pets 2 2019
13. Learned counsel for the Plaintiffs submits that legal notice was served upon the Defendant Websites calling upon them to cease from engaging in their infringing activities. Despite such legal notices, the Defendant Websites continue to infringe the rights in Plaintiffs' Original Content. The Defendant Websites are therefore willfully infringing Copyright material and ignoring or failing to respond to notice to cease all infringement. She further submits that, access of the Defendant Websites has been disabled in other jurisdictions such as rlsbb.com and rrlsbb.ru additional domains under Defendant No.1 have been blocked in Italy, Australia and Denmark; ddlvalley.me (Defendant No. 2) has been blocked in Australia and Italy; rutor.info (Defendant No.3) has been blocked in Denmark; scenesource.me and scnsrc.me (Defendant No.8) has been blocked in Australia & Belgium; yesmovies.org & Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 yesmovies.io additional domains under Defendant No. 19 have been blocked in Australia; unblocked.dk (Defendant No.27) has been blocked in Australia.
14. Learned Counsel for the Plaintiffs submits that Defendant Websites provides illegal content directly for free without any requirement of registration by users, and such availability of content is supported by the advertisements featured on the website.
The primary purpose of the Defendant Websites is to commit or facilitate copyright infringement. Thus, Defendant Nos. 1 to 32 is liable for infringement under Section 51(a)(ii), Section 51(b), and Section 51(a)(i) for making a copy of the Original Content including the storing of it in any medium by electronic or other means and communicating the Original Content to the public. Further the hosting, streaming, reproducing, distributing, making available to the public, and/or communicating to the public of the Original Content, or facilitating the same, without authorization of the Plaintiffs amounts to violation of the Plaintiffs' copyright work, protected under the Act. In support of his contentions reliance has also been placed on the decision of this court in CS(COMM) 724/2017 dated 10th April, 2019, UTV Software Communication Ltd. vs. 1337X.TO and Ors.
15. Plaintiffs have arrayed various internet and telecom services providers (ISPs) as Defendant Nos. 33-41 (hereinafter "the said ISPs") in the present suit to ensure the effective implementation of any relief that this Hon'ble Court may grant in favour of the Plaintiffs. The limited relief being claimed against the Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 said ISPs is to ensure the effective implementation of any order that this Hon'ble Court may be pleased to grant in favour of the Plaintiffs by disabling access of the Defendant Websites in India.
16. Plaintiffs have also arrayed Defendant No. 42, the Department of Telecommunications (DoT), and Defendant No. 43, the Ministry of Electronics and Information Technology (MEITY), for a similar reason. The limited relief being claimed against the DoT and the MEITY is the issuance of a notification to the internet and telecom service providers registered with it to disable access into India of the Defendant Websites.
17. In view of the averments noted hereinabove and in view of the judgment passed in UTV Software Communication Ltd. (supra), this Court is of the opinion that a prima facie case is made out in favour of the Plaintiffs and balance of convenience is also in its favour. Further, irreparable harm or injury would be caused to the Plaintiffs if an interim injunction order is not passed.
18. Consequently, Defendant Nos. 1-32 (and such other domains/domain owners/website operators/entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiffs' exclusive rights), their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, are restrained from, hosting, streaming, reproducing, distributing, making available to the public and/or communicating to the public, or facilitating the same, in any manner, on their websites, through the internet any Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 cinematograph work/content/programme/ show in relation to which Plaintiffs have copyright;
19. Further, as held by this court in UTV Software Communication Ltd. (supra), in order for this court to be freed from constant monitoring and adjudicating the issues of mirror/redirect/alphanumeric websites it is directed that as and when the Plaintiffs file an application under Order I Rule 10 for impleadment of such websites, Plaintiffs shall file an affidavit confirming that the newly impleaded website is mirror/redirect/alphanumeric website with sufficient supporting evidence. Such application shall be listed before the Joint Registrar, who on being satisfied with the material placed on record, shall issue directions to the ISPs to disable access in India to such mirror/redirect/alphanumeric websites.
20. Defendant Nos. 33-41, shall ensure compliance of this order by blocking, the websites, their URL's and the respective IP address as under:
List of Websites Defen S.N Domains URLs IP Addresses dant o.
No.
1. 1. rlsbb.unblocked.ltd https://rlsbb.unblo 104.25.10.10 104.25.11.10 a cked.ltda Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27
2. rlsbb.unblocked.nz http://rlsbb.unblo 104.27.186.115 104.27.187.115 cked.nz
2. 3. ddlvalley.me http://ddlvalley.m 104.24.98.152 104.24.99.152 e
3. 4. rutor.info http://rut 91.132.60.13 or.info/
5. rutor.is http://rutor.is/ 91.132.60.14
4. 6. babytorrents.net https://babytorren 104.27.176.213 104.27.177.213 ts.net/
7. babytorrent.st http://babytorrent. 104.28.0.34 104.28.1.34 st
5. 8. vikv.net https://vikv.net 104.27.172.173 104.27.173.173
6. 9. vextorrents.com https://vextorrents 104.28.12.97 104.28.13.97 .com/
7. 10. gdrivedl.xyz https://gdrivedl.xy 104.18.58.143 104.18.59.143 z/
8. 11. scnsrc.me http://scnsrc.me 104.31.16.3 104.31.17.3 12, scenesource.me http://scenesource 104.31.16.3 104.31.17.3 .me
9. 13. x265movies.co https://x265movie 212.83.151.223 s.co/
10. 14. hdmoviesapk.in https://hdmoviesa 104.24.100.195 104.24.101.195 pk.in/
11. 15. filmypoint.site https://filmypoint. 104.27.174.166 104.27.175.166 site/
16. filmypoint.cc https://filmypoint. 104.24.118.32 104.24.119.32 cc/
12. 17. 123tvstream.com http://123tvstream 104.31.90.195 104.31.91.195 .com
13. 18. gomovies.cool https://www7.gom 104.27.178.40 104.27.179.40 ovies.cool
14. 19. moviesghar.best https://www.movi 104.26.8.16 104.26.9.16 esghar.best
15. 20. khaanflix.com https://khaanflix.c 104.28.28.160 104.27.129.242 om Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27
21. dutafilm.pw https://dutafilm.p 104.27.136.1119 w
16. 22. 1movies.is https://www4.1mo 104.31.64.238 104.31.65.238 vies.is
17. 23. ssrmovies.ind.in https://www.ssrm 104.24.110.191 104.24.111.191 ovies.ind.in
24. ssrmovies.biz 104.28.14.252 104.28.15.252 http://ssrmovies.bi z
18. 25. hindiview.com http://hindiview.c 104.27.176.123 104.27.177.123 om
19. 26. yesmovies.fm https://www6.yes 172.64.130.14 172.64.131.14 movies.fm
20. 27. hdhub4u.casa https://hdhub4u.c 104.24.122.211 104.24.123.211 asa
28. hdhub4u.press http://hdhub4u.pr 104.27.160.206 104.27.161.206 ess
21. 29. sdmoviespoint.me https://sdmoviesp 104.18.36.210 104.18.37.210 oint.me
22. 30. prox4you.pro https://prox4you.p 104.18.58.212 104.18.59.212 ro
31. prox4you.info http://prox4you.in 104.27.182.91 104.27.183.91 fo
23. 32. mrunlock.space https://mrunlock.s 104.28.30.129 104.28.31.129 pace/
24. 33. nocensor.casa https://nocensor.c 104.24.102.195 104.24.103.195 asa
34. nocensor.fun http://nocensor.fu 104.24.106.180 104.24.107.180 n/
35. nocensor.icu http://nocensor.ic 104.28.26.152 104.28.27.152 u
25. 36. unblockproject.icu https://unblockpro 104.31.92.108 104.31.93.108 ject.icu
37. unblockproject.info 104.27.184.38 104.27.185.38 https://unblockpro ject.info/ Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27
38. 104.27.188.146 104.27.189.146 unblockproject.xyz http://unblockproj ect.xyz
39. unlockproject.live http://unlockproje 104.31.18.30 104.31.19.30 ct.live
26. 40. 123unblock.fun http://123unblock. 104.28.0.166 104.28.1.166 fun
41. 123unblock.info http://123unblock. 104.31.82.153 104.31.83.153 info
42. 123unblock.icu http://123unblock. 104.18.44.139 104.18.45.139 icu/
27. 43. unblocked.to https://unblocked. 104.28.14.242 104.28.15.242 to
44. unblocked.ltda https://unblocked. 104.25.10.10 104.25.11.10 ltda
45. unblocked.dk https://unblocked. 104.27.182.69 104.27.183.69 dk
46. unblocked.ms http://unblocked. 185.178.208.161 ms
47. unblocked.cam http://unblocked.c 104.28.4.69 104.28.5.69 am
48. unblocked.krd http://unblocked.k 104.27.142.32 104.27.143.32 rd
49. unblocked.srl http://unblocked.s 104.24.124.146 104.24.125.146 rl
50. unblocked.bid http://unblocked.b 104.31.18.30 104.31.19.30 id
51. unblocked.pl http://unblocked.p 104.27.184.40 104.27.185.40 l
52. unblocked.pet http://unblocked.p 104.31.16.3 104.31.17.3 et Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27
53. unblocked.vip http://unblocked.v 104.18.50.219 104.18.51.219 ip
54. unblocked.tv http://unblocked.t 104.31.16.3 104.31.17.3 v
55. unblocked.llc http://unblocked.ll 104.31.16.3 104.31.17.3 c
56. unblocked.app http://unblocked.a 104.31.16.3 104.31.17.3 pp
57. unblocked.uno http://unblocked.u 104.31.94.3 104.31.95.3 no
58. unblocked.ist http://unblocked.i 104.31.68.62 104.31.69.62 st
59. unblocked.ink http://unblocked.i 104.31.16.3 104.31.17.3 nk
60. unblocked.one http://unblocked.o 104.27.180.148 104.27.181.148 ne
61. unblocked.nz http://unblocked.n 104.27.186.115 104.27.187.115 z
62. fmovies.unblocked. http://fmovies.unb 104.27.142.32 104.27.143.32 krd locked.krd
63. fmovies.unblocked. http://fmovies.unb 104.31.16.3 104.31.17.3 pet locked.pet
28. 64. unlockproject.live http://unlockproje 104.31.18.30 104.31.19.30 ct.live
29. 65. unblockninja.info https://unblocknin 104.31.92.108 104.31.93.108 ja.info/
30. 66. proxybit.pro https://proxybit.pr 104.27.180.73 104.27.181.73 o/
31. 67. proxyportal.ws https://proxyporta 104.28.14.239 104.28.15.239 l.ws/
32. 68. hollymovies4u.com http://hollymovies 104.28.28.160 104.28.29.160 4u.com Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 Further, Defendant Nos. 42 and 43 are directed to suspend the aforenoted domain name registration of Defendant Nos. 1 to 32 and issue requisite notifications calling upon various internet and telecom service providers registered under them to block the aforenoted websites identified by Plaintiffs.
21. Let provisions of Order XXXIX Rule 3 CPC be complied by way of email within a period of one week.
22. A copy of this order be given dasti under the signature of the Court Master."
7. I have been informed that pursuant to the interim order, defendant No. 42 has issued a notification. I have also been informed that defendant Nos. 33 to 41 have blocked the rogue websites.
8. Learned counsel for the plaintiffs presses the prayers: (i) to (iii). In other words, the other reliefs as made in the plaint are not pressed. Learned counsel relies upon the judgment of a co-ordinate bench of this Court in the case of UTV Software Communication Ltd. And Ors. v. 1337X. to and Ors., 2019 (78) PTC 375 (Del.); and connected matters decided on April 10, 2019 to contend, which deals with the determination of rogue websites and the proper orders to be passed in such cases extensively.
9. In UTV Software (supra), the Court heard arguments on behalf of the plaintiffs therein and also appointed an amicus curiae. As in the present case, neither the ISPs impleaded therein nor the Government of India advanced any submission on merits. In circumstances virtually identical with the present case, the Court came to the conclusion that the concerned websites were liable for copyright infringement under Section 51 of the Act Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 and were not entitled to exemptions under 51 (1)(c) of the Act or Section 79 of Information Technology Act, 2000. As far as rogue websites are concerned, the Court identified the following illustrative factors to be considered in determining whether a particular website falls within that class:-
"59. In the opinion of this Court, some of the factors to be considered for determining whether the website complained of is a FIOL/Rogue Website are:-
a. whether the primary purpose of the website is to commit or facilitate copyright infringement;
b. the flagrancy of the infringement, or the flagrancy of the facilitation of the infringement;
c. Whether the detail of the registrant is masked and no personal or traceable detail is available either of the Registrant or of the user.
d. Whether there is silence or inaction by such website after receipt of take down notices pertaining to copyright infringement.
e. Whether the online location makes available or contains directories, indexes or categories of the means to infringe, or facilitate an infringement of, copyright;
f. Whether the owner or operator of the online location demonstrates a disregard for copyright generally;
g. Whether access to the online location has been disabled by orders from any court of another country or territory on the ground of or related to copyright infringement;
h. whether the website contains guides or instructions to circumvent measures, or any order of any court, that disables Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 access to the website on the ground of or related to copyright infringement; and i. the volume of traffic at or frequency of access to the website;
j. Any other relevant matter."
10. Learned counsel for the plaintiffs has drawn my attention to two affidavits filed by Mr. Manish Vaishampayan, who conducted the investigation with regard to the aforesaid websites on the instance of the plaintiffs to contend that the said websites need to be treated as "rogue websites". She has also drawn my attention to the following documentary evidence in support of each of the aforesaid websites:
"
S. Particulars Court File Convenience No. Pagination along File with Volume No. Pagination
1. Print of Contact Details of various FOLDER IV websites as available on WHOIS (primary domains):
1) Rlsbb.unblocked.ltda 696-698 (Vol. 4)
2) Ddlvalley.me 734-737 (Vol.4)
3) Rutor.info 820-824 (Vol. 4)
4) Babytorrents.net 959-961 (Vol. 5)
5) Vikv.net 1172-1174 (Vol.6)
6) Vextorrents.com 1248-1249 (Vol.6)
7) Gdrivedl.xyz 1290-1292(Vol.7)
8) Scnsrc.me 1329-1331 (Vol.7) Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27
9) X265movies.co 1432-1433(Vol.7)
10) Hdmoviesapk.in 1479-1481(Vol.7)
11) Filmypoint.site 1537-1539(Vol.8)
12) 123tvstream.com 1590-1592 (Vol.8)
13) Gomovies.cool 1619-1622(Vol.8)
14) Moviesghar.best 1660-1662(Vol.8)
15) Khaanflix.com 1738-1740(Vol.9)
16) 1movies.is 1938-1940 (Vol.10)
17) Ssrmovies.ind.in 2008-2011 (Vol.10)
18) Hindiview.com 2028-2083 (Vol.11)
19) Yesmovies.fm 2134-2136 (Vol.11)
20) Hdhub4u.casa 2174-2177 (Vol.11)
21) Sdmoviespoint.me 2231-2233 (Vol.11)
22) Prox4u.pro 2310-2312 (Vol.12)
23) Mrunlock.space 2438-2440 (Vol.12)
24) Nocensor.casa 2471-2474 (Vol.13)
25) Unblockproject.icu 2542-2544 (Vol.13)
26) 123unblock.fun 2622-2624 (Vol.13)
27) Unblocked.to 2696-2697 (Vol.14) Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27
28) Unblockproject.live 2854-2857 (Vol.15)
29) Unblockninja.info 2932-2934 (Vol.15)
30) Proxybit.pro 3013-3015 (Vol.15)
31) Proxyportal.ws 3050-3052 (Vol.15)
2. Copies of proof of ownership of @45-70 of movie titles Documents
a) Finding Dory (Disney) (Folder IV Vol. 1)
b) The Jungle Book(Disney)
c) Transformers: The Last Knight(Paramount)
d) Miracles from Heaven(Columbia) @3105-3111 of
e) Joker (Warner) Documents (Folder IV Vol. 16)
f) Aquaman (Warner)
g) The Lego Batman Movie (Warner)
h) Stranger Things- Season 1 (Netflix)
i) Sacred Games- Season 1 (Netflix)
j) The Secret Life of Pets 2 (Universal)
3. Screenshots of Homepage of various FOLDER IV websites (primary domains):
1) Rlsbb.unblocked.ltda 645-658 (Vol. 4)
2) Ddlvalley.me 703-707(Vol.4)
3) Rutor.info 738-750 (Vol. 4) Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27
4) Babytorrents.net 901-904(Vol. 5)
5) Vikv.net 967-969 (Vol.5)
6) Vextorrents.com 1175-1176(Vol.6)
7) Gdrivedl.xyz 1250-1252 (Vol.7)
8) Scnsrc.me 1293-1296 (Vol.7)
9) X265movies.co 1373-1378(Vol.7)
10) Hdmoviesapk.in 1434-1438(Vol.7)
11) Filmypoint.site 1482-1489 (Vol.8)
12) 123tvstream.com 1546-1552 (Vol.8)
13) Gomovies.cool 1593-1595(Vol.8)
14) Moviesghar.best 1623-1624(Vol.8)
15) Khaanflix.com 1665-1708 (Vol.9)
16) 1movies.is 1838-1839 (Vol.10)
17) Ssrmovies.ind.in 1941-1943 (Vol.10)
18) Hindiview.com 2014-2018 (Vol.11)
19) Yesmovies.fm 2084-2089 (Vol.11)
20) Hdhub4u.casa 2137-2141 (Vol.11)
21) Sdmoviespoint.me 2182-2189 (Vol.11) Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27
22) Prox4u.pro 2234-2235, 2244- 2246 (Vol.12)
23) Mrunlock.space 2313-2314, 2323-
2331 (Vol.12)
24) Nocensor.casa 2441-2454
(Vol.13)
25) Unblockproject.icu 2485-2486, 2495-
2496 (Vol.13)
26) 123unblock.fun 2555-2558
(Vol.13)
27) Unblocked.to 2635-2638
(Vol.14)
28) Unblockproject.live 2852-2853
(Vol.15)
29) Unblockninja.info 2858-2866
(Vol.15)
30) Proxybit.pro 2935-2936, 2945-
2947 (Vol.15)
31) Proxyportal.ws 3016-3025
(Vol.16)
32) Hollymovies4u.com 3055-3057
(Vol.16)
4. Printout of proof of infringement by FOLDER IV websites (primary domains):
1) Rlsbb.unblocked.ltda 668-686 (Vol. 4)
2) Ddlvalley.me 710-722(Vol.4)
3) Rutor.info 751-765 (Vol. 4)
4) Babytorrents.net 905-925(Vol. 5)
5) Vikv.net 972-1140(Vol.5-6)
6) Vextorrents.com 1182-1239(Vol.6)
7) Gdrivedl.xyz 1257-1273 (Vol.7)
8) Scnsrc.me 1300-1318 (Vol.7) Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27
9) X265movies.co 1379-1413 (Vol.7)
10) Hdmoviesapk.in 1443-1471(Vol.7)
11) Filmypoint.site 1490-1517(Vol.8)
12) 123tvstream.com 1556-1563 (Vol.8)
13) Gomovies.cool 1596-1605(Vol.8)
14) Moviesghar.best 1625-1633 (Vol.8)
15) Khaanflix.com 1712, 1807-1810 (Vol.9)
16) 1movies.is 1846-1920 (Vol.10)
17) Ssrmovies.ind.in 1954-1992 (Vol.10)
18) Hindiview.com 2027-2033 (Vol.10)
19) Yesmovies.fm 2090-2130 (Vol.11)
20) Hdhub4u.casa 2143-2160 (Vol.11)
21) Sdmoviespoint.me 2190-2204 (Vol.11)
22) Prox4u.pro 2247-2260 (Vol.12)
23) Mrunlock.space 2332-
2339(Vol.12)
24) Nocensor.casa 2455-2462
(Vol.13)
25) Unblockproject.icu 2497-2511 (Vol.13)
26) 123unblock.fun 2562-2568 (Vol.13)
27) Unblocked.to 2650-2664 (Vol.14) Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27
28) Unblockproject.live 2852-2853 (Vol.15)
29) Unblockninja.info 2867-2882 (Vol.15)
30) Proxybit.pro 2948-2963 (Vol.15)
31) Proxyportal.ws 3026-3041 (Vol.16)
32) Hollymovies4u.com 3064-3080 (Vol.16)
5. Printouts of the DMCA, FAQ, etc. pages, evidencing infringing nature of the Defendant Websites:
1) Rlsbb.unblocked.ltda(Defendant Contact@659 No.1) 2) Ddlvalley.me (Defendant No.2) DMCA@ 708 (Vol.4) Conatct Us @709 (Vol.4)
3) vikv.net (Defendant No. 5) DMCA@ 970-971 (Vol.5)
4) Vextorrents.com(Defendant No. 6) How to download @1177-1179 Contact Us @1180-1181 (Vol.
6)
5) Gdrivedl.xyz (Defendant No.7) Request Movie
Page @1253-
1256 (Vol.7)
Signature Not Verified
Digitally Signed By:ASHEESH
KUMAR YADAV
Signing Date:13.03.2020
16:02:27
6) Hdmoviesapk.in(Defendant No. About Us Page
10) @1439-1440
DMCA @1441
Contact Us
@1442 (Vol.7)
7) 123tvstream.com (Defendant No. DMCA @1553-
12) 1554
Contact Us
@1555 (Vol. 8)
8)Khaanflix.com (Defendant No. 15) DMCA @1709-
1711
(Vol.9)
9) 1movies.is (Defendant No. 16) DMCA@ 1840-
1841
Contact Us
@1842-1843 (Vol.
10)
8) Ssrmovies.ind.in (Defendant No. DMCA @1944-
17) 1948
Contact Us
@1949-1953
(Vol. 10)
9) Hindiview.com(Defendant No. 18) DMCA @2019-
2020
Contact Us @
2021-2022
(Vol.10)
10) Hollymovies4u.com (Defendant DMCA @3058-
No. 32) 3060
Contact
Us@3061-3063
(Vol. 16)
11. On the basis of the evidence placed on record, and keeping in mind the factors identified by this Court in UTV Software (supra), I find that there is sufficient evidence to hold that the defendant websites are "rogue websites":
a. From Affidavits of Mr. Manish Vaishampayan, it appears that the primary purpose of the defendant-websites is to provide unauthorised and Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 infringing content to the public.
b. The details of the registrants of each of the websites are masked and no personal or traceable details are available either of the registrant or the user.
c. Despite receipt of legal notices, the defendant-websites have not complied with the requests to take down the infringing content. d. The defendant-websites contain directories or indexes to facilitate infringement of copyright.
e. Sample evidence of infringement has been filed before this Court. An illustrative list of the content in respect of which infringement is demonstrated has also been filed.
12. The learned counsel for the plaintiffs had relied upon Annexure-E of Delhi High Court (Original Side) Rules, 2018 clause 9(h)(ii) which states for this Court to pass summary judgment. As I find the defendant Nos.1 to 32 and 45 to 135 are not appearing, despite notice, the suit can be heard and decided.
13. Following the judgment in UTV Software (supra), the defendant websites having been identified as rogue websites, the plaintiffs are entitled to the prayer as sought in prayer clauses (i) to (iii) of the plaint.
14. In UTV Software (supra), the Court also examined the issue of grant of dynamic injunctions and permitted subsequent impleadment of mirror/redirect/alphanumeric websites which provide access to the defendant websites, by filing an application under Order I Rule 10 of the CPC before the Joint Registrar alongwith an affidavit with supporting evidence, confirming that the proposed website is mirror/redirect/alphanumeric website of the injuncted defendant websites. At Ms.Sneha Jain's request, the Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27 same directions are liable to be made in this case also.
15. The suit is therefore decreed in terms of prayer clauses (i), (ii) and
(iii) of the plaint, extracted above. The plaintiffs are also permitted to implead any mirror/redirect/alphanumeric websites which provide access to the defendant-websites by filing applications under Order I Rule 10 of the CPC supported by affidavits and evidence as directed above. Any websites impleaded as a result of such application will be subject to the same decree.
The plaintiffs are entitled to actual costs of litigation including lawyers' fees and court fees. They will file an affidavit of their actual costs within two weeks.
16. Decree sheets be drawn up accordingly.
17. The suit and pending applications stand disposed of.
V. KAMESWAR RAO, J MARCH 12, 2020/bh Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:13.03.2020 16:02:27