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9. Mr. Rajiv Nayar, learned Senior Advocate appearing for Tata Sky pointed out that there was an unacceptable delay in YouTube LLC responding to Tata Sky's complaint to it about the offending video which virtually sought to teach the public how to hack Tata Sky's set top boxes (STBs) which were encrypted, thereby enabling free viewership of TV channels/contents which were otherwise available only to subscribers. He referred to Rule 3 (2) (d) and (e) and Rule 3 (4) of the Information Technology (Intermediaries Guidelines) Rules 2011 ('ITIG Rules') and submitted that YouTube LLC was obliged to act with promptitude once it was clear that the offending videos were illegal inasmuch as that Tata Sky's STBs could be hacked into through simple steps. He referred to the order of the Supreme Court in Sabu Mathew George v. Union of India 2016 SCC OnLine SC 681 in which it was observed that the intermediaries there "cannot put anything that violates the laws of this country."

"2. We bring to your notice that there is a video on the Youtube website at „https://www.youtube.com/watch?v=VC2zhLavDQk‟ giving step by step instructions on possible hacking of Tata Sky HD Set Top Box to receive High Definition ("HD‟) content, free of cost. This is illegal and violative of Tata Sky rights and the rights of the broadcasters who own the HD content broadcast through Tata Sky Platform, whose rights Tata Sky is bound to protect. Please be advised that this is an offence under Section 66 of the Information Technology Act, 2000 read with Section 107 and 109 of the Indian Penal Code.

We have reviewed your request and have determined that a takedown notice under Section 512(c) of the DMCA is not appropriate for this type of complaint.

Instead, please consider submitting a complaint for other legal issues (including alleged circumvention of technological measures)."

(emphasis in original)

14. Thereafter, Tata Sky through its counsel lodged the following complaint on 1st July 2015 on YouTube LLC's website:

"Law info: THEVIDEOS PROVIDE AWAY TO CIRCUMVENT TECHNOLOGICAL MEASURES ADOPTED BY TATASKY IN THEIR SET TOP BOXES TO THEIR SUBSCRIBERS Violation detail: TATASKY is in the business of providing Direct to Home (hereinafter referred to as "DTH") services to its subscribers within the territory of India through its DTH platform "Tata Sky". The above videos seek to suggest false and illegal methods to access television content for free by breaking the encryption on settop boxes of TATASKY. The Delhi High Court in Suit No Cs (OS) 1225 of 2015 has restrained this kind of activity by Passing an Order against forumfuns.com on 1st May 2015."