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the unauthorized communication of the plaintiffs' copyrighted works and include the registrants of the defendant-websites, uploaders, creators of the redirect / mirror / alphanumeric websites etc. iii. ISPs that provide internet access, enabling users to visit any website online, including the defendant-websites.

iv. Government Department/Agency, namely Department of Telecommunication (hereinafter referred to as "DoT") and Ministry of Electronics & Information Technology (hereinafter referred to as "MEITY‖) who have been impleaded to assist in notifying ISPs to disable access to defendant-websites within India and implementing the orders passed by this Court.

NEITHER THE ISPs OR DoT OR MEITY ADVANCED ANY ARGUMENTS

23. Neither the DoT nor MEITY advanced any arguments before the Court. Even the ISPs to maintain their neutrality did not advance any arguments. Learned counsel for ISPs as well as DoT and MEITY stated that they would abide by any order passed by this Court.

THOUGH THIS COURT IS SATISFIED THAT THERE IS NO FACT WHICH NEEDS TO BE PROVED IN VIEW OF THE DEEMED ADMISSION BY THE DEFENDANTS UNDER ORDER VIII RULE 10 CPC, YET KEEPING IN VIEW THE SEMINAL ISSUES THAT ARISE FOR CONSIDERATION, THIS COURT DECIDES TO PEN ITS OPINION

86. Consequently, website blocking in the case of rogue websites, like the defendant-websites, strikes a balance between preserving the benefits of a free and open Internet and efforts to stop crimes such as digital piracy.

87. This Court is also of the opinion that it has the power to order ISPs and the DoT as well as MEITY to take measures to stop current infringements as well as if justified by the circumstances prevent future ones.

AT LEAST FORTY-FIVE COUNTRIES HAVE EITHER ADOPTED AND IMPLEMENTED, OR ARE LEGALLY OBLIGATED TO ADOPT AND IMPLEMENT, MEASURES TO ENSURE THAT ISPS TAKE STEPS TO DISABLE ACCESS TO COPYRIGHT INFRINGING WEBSITES.

104. This Court is of the view that since website blocking is a cumbersome exercise and majority of the viewers / subscribers who access, view and download infringing content are youngsters who do not have knowledge that the said content is infringing and / or pirated, it directs the MEITY/DOT to explore the possibility of framing a policy under which a warning is issued to the viewers of the infringing content, if technologically feasible in the form of e-mails, or pop-ups or such other modes cautioning the viewers to cease viewing/downloading the infringing material. In the event the warning is not heeded to and the viewers / subscribers continue to view, access or download the infringing/pirated content, then a fine could be levied on the viewers/subscribers.