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(a) Pending the hearing and final disposal of the present Suit, a temporary order and injunction restraining the Defendants, their servants, directors, agents or any other persons/ entity claiming through or under them from in any manner, directly or indirectly, communicating to the public by any medium, device, wire or wireless means, and by any mode whatsoever, performing, using for interactive streaming and branded non interactive curated streaming to the end users on internet enabled digital devices via the Defendants' player on the musical portal www.wynk.in and WYNK WAP / mobile sites and WYNK Applications via the consumer offering or on / via / through any other website / portal / device / application / technology, etc., the Plaintiff's Repertoire of sound recordings and images, details and particulars of which are given at Exhibit 'B' and "Z" to the Plaint (pgs. 20, 79 and 80).

6. The Plaintif, thereafter, issued a cease and desist notice dated 17 th November 2017 to the Defendants, calling upon them to deactivate / remove the Plaintif's Repertoire from the WYNK platforms. The said cease and desist notice recorded the history of negotiations between the parties. The relevant portion from the said cease and desist notice dated 17th November 2017 is reproduced hereinbelow:

"Since the last 16 months, we have continued to support Wynk and have not removed our content from the service. In the spirit of partnership, we have continued promoting Wynk on our social media platforms & have been forwarding customers to listen to our content on Wynk."

...We have been in negotiation with the Wynk team for over a 1.5 years and since 23rd March 2017 have maintained our value of Rs 4.5 Cr for 2 years. This price was discounted from our first ask of Rs 7 Cr. ... We have also asked Wynk to take a decision regarding the Tips content and are yet to hear back. Hence we are now instructing Wynk to deactivate all Tips Music Content by 1st December 2017 on the advice of our legal team and our auditors."

The rival arguments in respect of the aforesaid issues are dealt with hereinbelow. ISSUE A: Whether the Defendants are infringing upon the Plaintiff's copyright in the Plaintiff's Repertoire as provided for in Section 14(1)(e) of the Act?

11. According to the Plaintif, the Defendants' download business as impugned in Commercial IP Suit (L) No.114 of 2018 constitutes two separate features / services viz. (i) download (rental) and (ii) outright purchase. It is submitted that the download feature permits the Defendants' customers / subscribers to store offline copies of the sound recordings available on the WYNK platform, which may be accessed on the "All Downloaded" tab / page of the WYNK application ("Downloaded Songs") and may be played only through the said application. Similarly, vide the outright purchase feature, the Defendants' customers can also procure offline copies of the sound recordings available on the WYNK platform which are accessible on the "All Purchased" tab / page of the application ("Purchased Songs"). The diference between the two features being that the Downloaded Songs are only temporarily available / accessible during the validity of the paid monthly subscription for the WYNK application, whereas, the Purchased Songs are purchased by paying specific charges and permanent physical / electronic copies of the same are saved on the customer's device. According to the Plaintif, the download and outright purchase features are nothing but commercial rental and sale of sound recordings, respectively. The Ld. Senior Advocate for the Plaintif relied upon the following table elucidating the diferences between the download feature and purchase feature of the Defendants' WYNK application as available on the Defendants' website: