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b. Counsel has adverted to exchange of e-mails between one decoy customer of plaintiff in the name of Mr. Vivek Dahiya and customer care of defendant. In this email, Mr. Dahiya writes to CANVA's support team seeking to find out about accessing 'Present and Record' feature, to which the customer care states that they have disabled "downloading presentations" in Indian for the time being, temporarily. Thereafter, Mr. Dahiya further enquired whether this could be downloadable through VPN, to which the customer care effectively said that they don't recommend VPN but Mr. Dahiya could try the same, however, certain functions of the CANVA feature would not function. Counsel has pointed out to this email exchange to show that defendant is inviting users in India to download this feature through VPN and therefore, in violation of orders of this Court.
3. Mr. Saikrishna Rajagopal, counsel for defendant, however points out that defendant is in full compliance of Court's order, in that, firstly, they have disabled any download possibility from users in India of the feature; secondly, that they have introduced the blurb as part of their website which states that this feature is unavailable in India; thirdly, that the exhortations that VPN could be used to download the feature, is not under control of defendant as downloading through a VPN, in order to circumvent the regular networks, is a global 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 30/04/2024 at 21:11:09 situation which is outside defendant's control; fourthly, that the site is a global site and therefore, the visibility of the 'Present and Record' feature, promotion, and literature is unavoidable.
3. Having considered the respective submissions of the counsel for parties, this Court is of the opinion that it is an admitted position that the feature is not available for download for users in India. This, in itself, would amount to compliance of the Court's order. However, what needs to be considered is whether the defendant is inviting users in India to download the same through VPN.
4. Download through VPN is a technical possibility that any user on the net can use to circumvent the regular networks. It would, therefore, not be possible for the defendant to regulate the same.
5. It is, however, important that the defendant takes all steps to instruct their customer care that there should be no exhortation or persuasion or communication, in any manner, addressed to a user in India, which invites or even suggests that they can use VPN to download the 'Present and Record' feature. It should be made clear by defendant that this feature is not available in India and no further questions need be addressed regarding its accessibility for a user in India.