Delhi High Court - Orders
Star India Private Limited & Anr vs Stream2Watch.Pk & Ors on 28 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 455/2024
STAR INDIA PRIVATE LIMITED & ANR. ..... Plaintiffs
Through: Mr. Sidharth Chopra, Mr. Yatinder
Garg, Mr. Sanidhya Maheshwari and
Mr. Priyansh Kohli, Advocates.
versus
STREAM2WATCH.PK & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 28.05.2024 I.A. 30678/2024 (for exemption)
1. Exemption is granted, subject to all just exceptions.
2. Plaintiffs shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
I.A. 30680/2024 (seeking leave to file additional documents)
4. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
5. If Plaintiffs wish to file additional documents at a later stage, they shall do so strictly as per the provisions of the said Act.
6. Accordingly, the application stands disposed of.
CS(COMM) 455/2024 Page 1 of 13This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:36 I.A. 30679/2024 (seeking exemption from issuing notice to Defendants No. 22, 25, 30 and 31)
7. Upon payment of process fee, issue notice to Defendants No. 22 (Bharat Sanchar Nigam Ltd.), 25 (Mahanagar Telephone Nigam Ltd.), 30 (Department of Telecommunications) and 31 (Ministry of Electronics and Information Technology), by all permissible modes, returnable on 28th October, 2024.
8. Reply, if any, be filed within four weeks from date of service. Rejoinder thereto, if any, be filed within two weeks thereafter.
I.A. 30681/2024 (seeking exemption from filing pre-suit mediation)
9. As the present suit contemplates urgent interim relief, in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Krithi,1 exemption from attempting pre-institution mediation is granted.
10. Disposed of.
CS(COMM) 455/2024
11. Let the plaint be registered as a suit.
12. Upon filing of process fee, issue summons to the Defendants by all permissible modes. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the 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.
13. 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 CS(COMM) 455/2024 Page 2 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:36 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.
14. List before the Joint Registrar for marking of exhibits on 29th August, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
15. List before Court for framing of issues thereafter.
I.A. 30677/2024 (under Order 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908)
16. Issue notice to Defendants, by all permissible modes, upon filing of process fee, returnable on the next date of hearing.
17. The counsel for Plaintiff have presented the following facts and contentions:
17.1. The subject matter of the present suit pertains to the "ICC Men's T20 World Cup 2024", which is a Twenty20 (T20) international cricket tournament organised by the International Cricket Council (ICC) at regular intervals of two years ["T20 World Cup"]. The T20 World Cup is scheduled to run from 2nd June, 2024 till 29th June, 2024. The matches are being held in the West Indies and United States of America, and include a total of 55 T20 matches.
17.2. Plaintiff No. 1, Star India Private Limited, owns the media rights in respect of various sporting events relating to, inter alia, football, badminton, hockey, as well as domestic and international cricket matches organized by 1 2023 SCC OnLine SC 1382.CS(COMM) 455/2024 Page 3 of 13
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:36 the ICC and Board of Control for Cricket in India (BCCI). Plaintiff No. 1 also owns and operates several general entertainment channels and regional channels, including but not limited to Star Plus, Start Sports 1, Start Sports HD. Plaintiff No. 2 owns and operates the online video streaming platform/ website 'www.hotstar.com' and the mobile application 'Disney+ Hotstar'. 17.3. Plaintiff No. 1 entered into the Media Rights Agreement dated 27th August, 2022 ["Agreement"] with the ICC for exclusive digital media rights and television rights for India in relation to various ICC events, including the T20 World Cup, for a period of four years from 2024 to 2027. The existence of these rights in favour of the Plaintiffs, details whereof have been delineated at Paragraph No. 9 of the plaint, has been confirmed by the ICC vide letter dated 22nd May, 2024. A copy of the said letter has been placed on record by the Plaintiffs. Consequently, Plaintiffs enjoy broadcast reproduction rights which are contemplated and conferred in terms of Section 37 of the Copyright Act, 1957 ["Copyright Act"]. 17.4. Defendants No. 1 to 11 are various rogue websites which are stated to be primarily hosting illegal and pirated content, engaging in making third- party content and information available to the public. Defendants No.12 to 20 are Domain Name Registrars (DNRs) of the domain names where the said rogue websites are being hosted. Defendants No. 21 to 29 are various internet service providers (ISPs) and telecom service providers (TSPs). Defendants No. 30 and 31 are, respectively, the Department of Telecommunications (DoT) and Ministry of Electronics and Information Technology (MeitY).
17.5. Based on past instances of illegal dissemination of major sporting events, the Plaintiffs strongly apprehends that once the T20 World Cup CS(COMM) 455/2024 Page 4 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:36 commences, given their status as one of the most popular sporting events in the world, a large number of websites, including but not limited to Defendants No. 1 to 11, are likely to indulge in unauthorised disseminations and communications of the cricket matches and parts thereof on online platforms. Additionally, Plaintiffs believe that a large number of rogue websites, upon being blocked/ taken down, may also create further mirror websites to continue the illegal transmission/ communication/ broadcast of the T20 World Cup.
17.6. In fact, on previous occasions, while an initial injunction has typically been granted in respect of the few websites identified in the plaint, a substantial number of rogue websites tend to be subsequently uncovered which continue to unlawfully disseminate the sporting events. Accordingly, such rogue websites have been injuncted and taken down by virtue of the dynamic injunctions granted by this Court. To substantiate this averment, reliance is placed on the following illustrative chart:
No. of Rogue No. of Websites No. of additional identified Sr. websites affidavits Suit and Event subsequently No. impleaded in filed discovered the Suit pursuant to during the Court Order event
1. Star India Pvt. Ltd. & Anr. Vs. Jiolive.tv & Ors. [CS (Comm) 688 of 2023] 9 8 (54 list) 392 Order dated 27.09.2023 Events: ICC Men's World Cup 2023
2. Star India Put. Ltd. & Anr. v.
Yl.mylivecricket.biz & Ors [CS (Comm) 151 of 2021] 16 14 165 Order dated 26.03.2021 Event: IPL 2021 CS(COMM) 455/2024 Page 5 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:36
3. Star India Pvt. Ltd. & Anr. V. filmyclub.wapkiz.com & Ors.
[CS(Comm.) 518 of 2021] 7 6 122 Order dated 12.10.2021 Event: ICC Men's T20 World Cup 2021
4. Star India Pvt. Ltd. & Anr. Vs. live.flixhub.net & Ors. [CS (Comm) 157 of 2022] 8 11 120 Order dated: 11.03.2022 Event: IPL 2022
5. Star India Pvt. Ltd. & Anr.
tl.mylivecricket.club.
[CS (Comm) 699 of 2022] 8 15 120 Order dated 11.10.2022 Event: ICC Men's T20 World Cup, 2022
6. Star India Pvt. Ltd. & Anr. v.
mhdtv.world & Ors.
[CS (Comm) 567 of 2022] 11 12 127Order Dated: 22.08.2022 Event: Asia Cup 2022
7. Star India Private Limited & Anr. Vs. Live4wap.click & Ors.
11 11 87[CS(COMM) 11 of 2023] Order dated: 11.01.2023 Event: BCCI Events
8. Star India Private Limited & Anr. Vs. Crichd SC & Ors.
[CS(COMM) 518 of 2023] 22 10 158Order dated: 02.08.2023 Event: Asia Cup 2023 17.7. Thus, there is an urgent need to restrain such rogue websites on a real time basis, without requiring parties to first approach the Court by filing affidavits in respect of each such website which starts unauthorizedly disseminating/ telecasting matches. Such a lag would result in the rogue websites being successful in their illegal activities and the Plaintiffs' rights would be infringed before it is possible for any action to be taken.
CS(COMM) 455/2024 Page 6 of 13This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:37 Accordingly, drawing from the approach taken by this Court in Universal City Studios LLC v. Dotmovies.baby2, Plaintiffs seek a 'Dynamic +' injunction to ensure protection of the Plaintiff's rights over works mentioned in the plaint as well as any other protected content generated during the pendency of the suit proceedings. In this regard, reliance is also placed on the 'European Commission Recommendation dated 4th May, 2023 on Combating Online Piracy of Sports And Other Live Events', which also highlights the need for urgent action to block illegal dissemination of copyrighted content.
17.8. In such circumstances, in order to protect their exclusive broadcast rights, Plaintiffs seek an injunction restraining illegal and unauthorised dissemination and broadcast of matches and/or parts thereof the T20 World Cup. The Plaintiffs pray for a specifically designed injunction that not only targets the websites currently engaging in infringing activities, which have been identified as Defendants No. 1 to 11 in the instant suit, but also anticipates and includes any new websites that may emerge during the T20 World Cup. The reason for seeking such an injunction is to ensure that rogue websites are promptly blocked and removed, thereby preventing them from transmitting or communicating unauthorized signals of the cricket matches.
18. Having considered the submissions and prayers outlined in the application, the Court recognizes the widespread appeal and significance of the ICC Men's T20 World Cup 2024, particularly given the popularity of cricket in India. These events are broadcasted through the Plaintiff's OTT platform 'Disney + Hotstar', which is accessible across a variety of digital devices including computers, smartphones, tablets, and other electronic 2 DHC Neutral Citation No. - 2023:DHC:5842 CS(COMM) 455/2024 Page 7 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:37 gadgets. The Plaintiffs have secured the digital and television broadcasting rights for various ICC events including the T20 World Cup, as specified in the Agreement, through substantial financial investment. Unauthorized dissemination, telecasting, or broadcasting of these ICC events on various websites and digital platforms poses a significant threat to the Plaintiffs' revenue streams. Such illicit activities undermine the value of the considerable investment made by the Plaintiffs in acquiring these rights. Additionally, the broadcast content, including footage, commentary, and other composite elements, is fully safeguarded under the Copyright Act. Thus, the unauthorized use of these elements not only affects the financial returns but also infringes upon the copyright protections accorded to the broadcast content. It is thus imperative to recognize the legal rights associated with the creation and dissemination of this content, emphasizing the need for stringent measures to prevent unauthorized broadcasts and safeguard the Plaintiffs' interests.
19. The issue of rogue websites engaging in the piracy of copyrighted content presents a recurring threat, especially with the imminent T20 World Cup. These sites have demonstrated a propensity to illegally broadcast copyrighted works, underscoring the urgency to pre-emptively block their access to such content. Consequently, there's a critical need for judicial intervention to prohibit these rogue websites from disseminating or communicating any portions of the cricket matches/ T20 World Cup without proper authorization or licensing from the Plaintiffs.
20. The dynamic and ever-evolving nature of the digital landscape necessitates that court orders are not static, but evolve in tandem with the technological advancements and challenges posed by the virtual domain.
CS(COMM) 455/2024 Page 8 of 13This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:37 The legal remedies must remain robust and effective in curtailing copyright infringement, particularly in the fast-paced environment of the internet. Courts must, therefore, be proactive in updating, adapting, and modifying their directions to address these challenges effectively. In the absence of such adaptive legal measures, the rights of intellectual property holders stand at risk of being undermined, rendering their intellectual property rights ineffectual. It is thus essential for the legal framework to remain vigilant and responsive to the challenges presented by digital piracy, ensuring that the protections afforded to copyright and intellectual property are not only theoretical but also enforceable and practical in safeguarding the rights and interests of the rightful owners. In Universal City Studios (supra), this Court has elucidated on this issue, relevant portion whereof is extracted hereinbelow:
17. Any injunction granted by a Court of law ought to be effective in nature. The injunction ought to also not merely extend to content which is past content created prior to the filing of the suit but also to content which may be generated on a day-
to-day basis by the Plaintiffs. In a usual case for copyright infringement, the Court firstly identifies the work, determines the Copyright of the Plaintiff in the said work, and thereafter grants an injunction. However, owing to the nature of the illegalities that rogue websites induldge in, there is a need to pass injunctions which are also dynamic qua the Plaintiffs as well, as it is seen that upon any film or series being released, they may be immediately uploaded on the rogue websites, causing severe and instant monetary loss. Copyright in future works comes into existence immediately upon the work being created, and Plaintiffs may not be able to approach the Court for each and every film or series that is produced in the future, to secure an injunction against piracy.
XXX
19. As innovation in technology continues, remedies to be granted also ought to be calibrated by Courts. This is not to say that in every case, an injunction qua future works can be granted. Such grant of an injunction would depend on the fact CS(COMM) 455/2024 Page 9 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:37 situation that arises and is placed before the Court.
20. In the facts and circumstances as set out above, an ex parte ad interim injunction is granted restraining the Defendants, who are all rogue websites, from in any manner streaming, reproducing, distributing, making available to the public and/or communicating to the public any copyrighted content of the Plaintiffs including future works of the Plaintiffs, in which ownership of copyright is undisputed, through their websites identified in the suit or any mirror/redirect websites or alphanumeric variations thereof including those websites which are associated with the Defendants' websites either based on the name, branding, identity or even source of content. To keep pace with the dynamic nature of the infringement that is undertaken by hydra-headed websites, this Court has deemed it appropriate to issue this 'Dynamic+ injunction' to protect copyrighted works as soon as they are created, to ensure that no irreparable loss is caused to the authors and owners of copyrighted works, as there is an imminent possibility of works being uploaded on rogue websites or their newer versions immediately upon the films/shows/series etc. The Plaintiffs are permitted to implead any mirror/redirect/alphanumberic variations of the websites identified in the suit as Defendants Nos.1 to 16 including those websites which are associated with the Defendants Nos.1 to 16, either based on the name, branding, identity or even source of content, by filing an application for impleadment under Order I Rule 10 CPC in the event such websites merely provide new means of accessing the same primary infringing websites that have been injuncted. The Plaintiffs are at liberty to also file an appropriate application seeking protection qua their copyrighted works, including future works, if the need so arises. Upon filing such applications before the Registrar along with an affidavit with sufficient supporting evidence seeking extension of the injunction to such websites, to protect the content of the Plaintiffs, including future works, the injunction shall become operational against the said websites and qua such works. If there is any work in respect of which there is any dispute as to ownership of copyright, an application may be moved by the affected party before the Court, to seek clarification.
21. In view of the above, given the fact that the Plaintiffs' digital rights as acquired from the ICC are not in question, the Court is of the view that the Plaintiffs have made out a prima facie case for grant of an interim CS(COMM) 455/2024 Page 10 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:37 injunction. If an injunction is not granted at this stage, irreparable harm would be caused to the Plaintiffs. Balance of convenience also lies in the favour of the Plaintiffs. The need for immediate relief is particularly pressing in this case, considering the T20 format of T20 World Cup matches, which are characterized by their brief duration. The short duration of these matches means that any delay in blocking access to rogue websites could lead to significant financial losses for the Plaintiffs and an irreparable breach of their broadcast reproduction rights. Therefore, swift action to prevent such infringements is crucial to preserving the Plaintiffs' investment in the broadcasting rights and maintaining their copyright protections.
22. Accordingly, till the next date of hearing, the following directions are issued:
22.1. Defendants No. 1 to 11, and/or any person acting on their behalf, are restrained from communicating, hosting, streaming, screening, disseminating or making available for viewing/ downloading, without authorization, any part of the ICC Men's T20 World Cup 2024 on any electronic or digital platform in any manner whatsoever. 22.2. Defendants No. 12 to 20, i.e., the Domain Name Registrars, are directed to lock and suspend the domain names of Defendants No. 1 to 11 within 72 hours of being communicated a copy of this order by the Plaintiffs. Further, they shall file an affidavit in a sealed cover disclosing the complete details of Defendants No. 1 to 11, as available with them, including e-mail addresses, mobile numbers, contact details and KYC details, within a period of two weeks from date of communication of this order.
22.3. Defendants No. 21 to 29, i.e. ISPs/ TSPs, are also directed to block CS(COMM) 455/2024 Page 11 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:37 the websites of Defendants No. 1 to 11, immediately upon receiving copies of this order from the Plaintiffs. Defendants No. 30 and 31 are directed to issue necessary directions to all ISPs and TSPs for blocking/ removing access to these websites.
22.4. During the currency of the ICC Men's T20 World Cup 2024, if any further websites are discovered which are illegally streaming and communicating content over which the Plaintiffs have rights, the Plaintiffs are granted liberty to communicate the details of such websites to the Defendants No. 30 (DoT) and 31 (MeitY) for issuance of blocking orders, and simultaneously to the ISPs for blocking the said websites, so as to ensure that these websites can be blocked on a real time basis there is no considerable delay. Upon receiving the said intimation from the Plaintiffs, the ISPs shall take steps to immediately block the rogue websites in question. Likewise, the DoT and MeitY shall also issue necessary blocking orders immediately upon the Plaintiffs communicating the details of the websites which are illegally streaming the ICC Men's T20 World Cup 2024. 22.5. After communicating details of the rogue websites to the concerned authorities, Plaintiffs shall continue to file affidavits with the Court in order to ensure that the Court is fully informed of the websites in respect of which blocking orders are sought.
22.6. If any website, which is not primarily an infringing website, is blocked pursuant to the present order, they shall be permitted to approach the Court by giving an undertaking that it does not intend to engage in any unauthorised or illegal dissemination of the ICC Men's T20 World Cup 2024 or any other content over which the Plaintiffs have rights. In such a situation the Court would consider modifying the injunction as the facts and CS(COMM) 455/2024 Page 12 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:37 circumstances so warrant.
23. In the unique facts of this case, Plaintiffs are permitted to ensure compliance of Order XXXIX Rule 3 of Code of Civil Procedure, 1908 through email, within a period of one week from today.
24. Reply be filed within four weeks from the date of service. Rejoinder(s) thereto, if any, be filed within a period of two weeks thereafter.
25. List on 28th October, 2024.
SANJEEV NARULA, J MAY 28, 2024 nk CS(COMM) 455/2024 Page 13 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 23:42:37