Full Text
HIGH COURT OF DELHI
CS(COMM) 457/2019, I.As. 11595-11597/2019
WARNER BROS. ENTERTAINMENT INC. ..... Plaintiff
Through: Mr. Sai Krishna Rajagopal, Ms. Disha Sharma, Ms. Snehima, Ms. Surabhi Pande and Mr. Vivek Ayyagari, Advs.
Through:
26.08.2019
Exemption allowed subject to all just exceptions.
The application stands disposed of.
Issue notice to the non-applicants / Defendant Nos. 24 and 25 by all modes including email, returnable on 24th October 2019.
JUDGMENT
1. Let the plaint be registered as a suit.
2. Issue summons to the Defendant Nos. 1 to 14 through email and to Defendant Nos. 15 to 25 through all modes upon filing of Process Fee.
3. The summons to the Defendants shall indicate that a written statement to the plaint shall be filed positively within 30 days from date of receipt of 2019:DHC:4156 summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.
4. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, 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.
5. List before the Joint Registrar for marking of exhibits on 27th September 2019. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
6. List before Court on 24th I.A. 11595/2019 (U/O 39 Rule 1 & 2 CPC)
7. Issue notice to the Defendants by all modes including email, returnable on 24th
8. The present suit has been filed for permanent injunction, rendition of accounts and damages etc. Plaintiff-Warner Bros. Entertainment Inc., is a Company incorporated at the state of Delaware, having its office at 4000 Warner Boulevard, Burbank, California 91522, United States of America.
9. Defendants Nos. 1-14, which include moviesflix.net, with the additional domains moviesflixhub.com, moviesflixhub.net, hdmoviearea.com, dailydrivelink.me, dailydrivelink.net, dailydrivelink.in (hereinafter Defendant No. 1); psarips.org, with the additional domain psarips.com, psarips.in, psarips.net, (hereinafter Defendant No. 2); world4ufree.store with the additional domains world4ufree.best, world4ufree.com.CO, world4ufree.cool, world4ufree.fun (hereinafter Defendant No. 3); moviebaba.in (hereinafter Defendant No. 4); 123movies.domains, with the additional domains 123moviesback.org, 123moviesback.com, 123movies.gdn, 123moviesla.com, 123moviesz.pro, is123movies.site, www.123movies.site, 123movies2019.com, 123movieshq.org, 123movies.st, 123movies.la, 123movie.uk, go123movies.io, gostream.site, gostream.nu (hereinafter Defendant No. 5); mkvcinemas.eu, with the additional domains mkvcinemas.pro, mkvcinemas.live, mkvcinemas.pw, mkvcinemas.com, mkvcinemas.cz, mkvcage.fun, mkvcage.com, mkvhub.com, mkvrips.com, 480mkv.net, 480mkv.com, mkvcinemas.be (hereinafter Defendant No. 6); pahe.in (hereinafter Defendant No. 7); ettv.to, with the additional domains katcr.co, kickassl.to, kat.ag, kickass.sx, kikass.to, kat.sx(hereinafter Defendant No. 8): fullmaza.ch with the additional domains fullmaza.vip, fullmaza.org (hereinafter Defendant No. 9); watchseries.fm, with the additional domains watch-series.co, watch-series.live, watch-series.ru, watch-series,cc, watchseriesnet.net, on.mywatchseries.stream, get.mywatchseries.stream, swatchseries.to, dwatchseries.to, gowatchseries.tv, gowatchseries.co, watchseriess.to, watch-series.ac (hereinafter Defendant No. 10); hdpopcorns.me with the additional domain hdpopcorns.online (hereinafter Defendant No. 11); lordhd.com(hereinafter Defendant No. 12); moviesak47.pro with the additional domain moviesak47.in(hereinafter Defendant No. 13); subsmovies.nz (hereinafter Defendant No. 14) [hereinafter collectively referred to as "Defendant Websites"], are online locations which enables users of the Defendant Websites’ services to: (a) view (by a process known as "streaming / downloading") cinematograph films, being motion pictures, television programs or other audio-visual content, on devices connected to the Internet; (b) cause copies of those cinematograph films to be downloaded onto the memory of their devices for watching later or enabling others to watch or further copy those cinematograph films; and/or (c) identify other online locations including (by a process known as "linking") which enables those users to engage in the activities set out in (a) or (b).
10. It is stated in the plaint that Defendant Websites are primarily and substantially engaged in communicating to the public, hosting, streaming and/or making available to the public Plaintiff's original content without authorization, and/or facilitating the same. Defendant Nos. 1 to 14 are making available, illegally and unauthorizedly, content of various third parties like UTV Software Communications Ltd., STAR India Pvt. Ltd., Disney Enterprises, Inc., Paramount Pictures Corporation, Columbia Pictures Industries, Inc., Universal City Studios LLC., and Netflix Entertainment Services India LLP, etc. (hereinafter referred to as 'studios').
11. It is further submitted that Plaintiff's films are works of visual recording and include sound recordings accompanying such visual recordings, which qualify as a "cinematograph film" under Section 2(f) of the Copyright Act, 1957 (hereinafter 'the Act'). Further, by virtue of Section 13(1) read with Section 13(2), Section 5 and Section 40 of the Act, the Plaintiff's cinematograph films whether released or not released in India would be entitled to all rights and protections granted under the Act for cinematograph films. The cinematograph films produced by the Plaintiff are "works" as defined under Section 2(y) of the Act, Plaintiff has all the rights in such cinematograph films granted under Section 14(d) of the Act, and Plaintiff is author and/or first owner and/or owners (under Section 17 of the Act) of the following illustrative list of cinematograph films that are entitled to protection under the Act: S.No. Film Year
1. Aquaman 2018
2. A Star Is Born 2018
3. Wonder Woman 2017
4. Arrow, Season 7, Episode 22 2019
12. In order to protect and enforce their exclusive rights, the Plaintiff investigated and monitored the Defendant Websites and gathered evidence of their infringing activity. During the period of investigation the Defendant Websites infringed the Plaintiff's Original Content or facilitated the same, using or facilitating the use of the Defendant Websites, inter alia, by downloading and streaming the Plaintiff's Original Content. The illustrative list of illegal content made available by Defendant Nos. 1 to 14, that are entitled to protection under the Act are mentioned hereinbelow: Studio Film Year Columbia Miracles from Heaven 2016 Columbia This is the End 2013 DEI Finding Dory 2016 DEI The Jungle Book 2016 Paramount Transformers: The Last Knight 2017 Paramount Transformers: Age of Extinction 2014 Paramount xXx: Return of Xander Cage 2017 Universal Straight Outta Compton 2015 Universal The Purge: Election Year 2016 Universal The Secret Life of Pets 2016 Netflix Stranger Things 2017- Netflix Santa Clarita Diet 2018-
13. Learned counsel for the Plaintiff submits that legal notice was served upon the Defendant Websites calling upon them to cease from engaging in their infringing activities. Despite such legal notices, the Defendant Websites continue to infringe the rights in Plaintiff's Original Content. The Defendant Websites are therefore willfully infringing Copyright material and ignoring or failing to respond to notice to cease all infringement. He further submits that, access of the Defendant Websites has been disabled in other jurisdictions such as 123movies.st (Defendant No. 5) has been blocked in Australia; gostream.site (Defendant No. 5) has been blocked in Australia and Italy; katcr.co (Defendant No. 8) has been blocked in Belgium, Denmark, Indonesia, Italy, Malaysia and Portugal; smatchseries.to (Defendant No. 10) has been blocked in Belgium, Denmark and Norway; watch-series.co (Defendant No. 10) has been blocked in Australia, Denmark and Malaysia; gowatchseries.co (Defendant No. 10) has been blocked in Denmark; gowatchseries.tv (Defendant No. 10) has been blocked in United Kingdom; hdpopcorns.com an additional domain of Defendant No. 11 has beem blocked in Australia, Indonesia and Malaysia; submovies.nz (Defendant No. 14) has been blocked in Australia, Denmark and Italy.
16. Learned Counsel for the Plaintiff submits that Defendant Websites provides illegal content directly for free without any requirement of registration by users, and such availability of content is supported by the advertisements featured on the website. The primary purpose of the Defendant Websites is to commit or facilitate copyright infringement. Thus, Defendant Nos. 1 to 14 is liable for infringement under Section 51(a)(ii), Section 51(b), and Section 51(a)(i) for making a copy of the Original Content including the storing of it in any medium by electronic or other means and communicating the Original Content to the public. Further the hosting, streaming, reproducing, distributing, making available to the public, and/or communicating to the public of the Original Content, or facilitating the same, without authorization of the Plaintiff amounts to violation of the Plaintiff's copyright work, protected under the Act. In support of his contentions reliance has also been placed on the decision of this court in CS(COMM) 724/2017 dated 10th April, 2019, UTV Software Communication Ltd. vs. 1337X.TO and Ors.
14. Plaintiff has arrayed various internet and telecom services providers (ISPs) as Defendant Nos. 15-23 (hereinafter "the said ISPs") in the present suit to ensure the effective implementation of any relief that this Hon'ble Court may grant in favour of the Plaintiff. The limited relief being claimed against the said ISPs is to ensure the effective implementation of any order that this Hon'ble Court may be pleased to grant in favour of the Plaintiff by disabling access of the Defendant Websites in India.
15. Plaintiff has also arrayed Defendant No. 24, the Department of Telecommunications (DoT), and Defendant No. 25, the Ministry of Electronics and Information Technology (MEITY), for a similar reason. The limited relief being claimed against the DoT and the MEITY is the issuance of a notification to the internet and telecom service providers registered with it to disable access into India of the Defendant Websites.
16. In view of the averments noted hereinabove and in view of the judgment passed in UTV Software Communication Ltd. (supra), this Court is of the opinion that a prima facie case is made out in favour of the Plaintiff and balance of convenience is also in its favour. Further, irreparable harm or injury would be caused to the Plaintiff if an interim injunction order is not passed.
17. Consequently, Defendant Nos. 1-16 (and such other domains/domain owners/website operators/entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiff's exclusive rights), their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, are restrained from, hosting, streaming, reproducing, distributing, making available to the public and/or communicating to the public, or facilitating the same, in any manner, on their websites, through the internet any cinematograph work/content/programme/ show in relation to which Plaintiff has copyright;
18. Further, as held by this court in UTV Software Communication Ltd. (supra), in order for this court to be freed from constant monitoring and adjudicating the issues of mirror/redirect/alphanumeric websites it is directed that as and when Plaintiff files an application under Order I Rule 10 for impleadment of such websites, Plaintiff shall file an affidavit confirming that the newly impleaded website is mirror/redirect/alphanumeric website with sufficient supporting evidence. Such application shall be listed before the Joint Registrar, who on being satisfied with the material placed on record, shall issue directions to the ISPs to disable access in India to such mirror/redirect/alphanumeric websites.
19. Defendant Nos. 15-23, shall ensure compliance of this order by blocking, the websites, their URL’s and the respective IP address as under: S.No. Domains URLs IP Addresses
1. moviesflix.net https://moviesflix.net/ 104.27.158.101 104.27.159.101 moviesflixhub.net https://moviesflixhub.net/ 104.31.82.218 104.31.83.218 moviesflixhub.com www.moviesflixhub.com 104.18.34.197 104.18.35.197 hdmoviearea.com https://hdmoviearea.com/ 104.31.66.64 104.31.67.64 dailydrivelink.net http://dailydrivelink.net 104.27.140.106 104.27.141.106 dailydrivelink.in http://dailydrivelink.in 104.28.6.222 104.28.7.222 dailydrivelink.me https://dailydrivelink.me/ 104.24.120.188 104.24.121.188
2. psarips.org https://psarips.org/ 93.174.89.[4] psarips.com https://psarips.com psarips.in https://psarips.in psarips.net https://psarips.net
3. world4ufree.best https://world4ufree.best/ 104.27.184.87 104.27.185.87 world4ufree.com.c o https://world4ufree.com.c o 104.18.32.222 104.18.33.222 world4ufree.store https://world4ufree.store 192.124.249.159 world4ufree.fun https://world4ufree.fun 104.27.144.38 104.27.145.38 world4ufree.cool https://world4ufree.cool 104.28.28.199 104.28.29.199
4. moviebaba.in http://moviebaba.in/ 104.27.186.85 104.27.187.85
5. 123movies.domains https://ww[1].123movies.do mains/ 104.31.68.37 104.31.69.37 123movies.la https://www[3].123movies.l a/ 104.25.107.102 104.25.108.102 123moviesback.org https://www.123moviesba ck.org/ 104.27.166.24 104.27.167.24 123moviesback.co m https://www.123moviesba ck.com 104.31.84.11 104.31.85.11 123movies.gdn https://www.123movies.g dn/ 104.25.88.28 104.25.89.28 123moviesla.com https://www.123moviesla. com 104.24.104.218 104.24.105.218 123movie.uk https://w[3].123movie.uk/ 199.188.201.159 gostream.nu https://gostream.nu 104.31.94.223 104.31.95.223 123moviesz.pro https://www.123moviesz. pro/ 104.24.124.223 104.24.125.223 is123movies.site https://is123movies.site/ 104.28.22.[9] 104.28.23.[9] 123movies2019.co m https://www.123movies20 19.com 104.27.146.147 104.27.147.147 gostream.site https://gostream.site 104.18.60.72 104.18.61.72 go123movies.io https://www[2].go123movi 104.27.142.213 104.27.143.213 es.io/ 123movieshq.org https://123movieshq.org/ 104.18.42.58 104.18.43.58 123movies.st https://www[6].123movies. st/ 104.31.114.13 104.31.115.13
6. mkvcinemas.pro https://www.mkvcinemas. pro/ 104.27.188.121 104.27.189.121 mkvcinemas.cz https://www.mkvcinemas. cz 104.28.24.84 104.28.25.84 mkvcinemas.eu https://www.mkvcinemas. eu/ 104.27.188.153 104.27.189.153 mkvcinemas.pw https://mkvcinemas.pw 104.28.8.69 104.28.9.69 mkvcinemas.com https://mkvcinemas.com 104.31.78.10 104.31.79.10 mkvcinemas.live https://mkvcinemas.live/ 104.27.148.32 104.27.149.32 mkvcinemas.be https://www.mkvcinemas. be/ 104.18.58.198 104.18.59.198 mkvhub.com https://www.mkvhub.com / 104.31.64.69 104.31.65.69 mkvcage.com https://www.mkvcage.co m/ 104.24.98.153 104.24.99.153 mkvcage.fun https://www.mkvcage.fun / 104.27.172.131 104.27.173.131 480mkv.net https://480mkv.net/ 104.27.172.131 104.24.117.158 480mkv.com https://480mkv.com 104.31.80.82 104.31.81.82 mkvrips.com https://mkvrips.com/ 104.18.62.90 104.18.63.90
7. pahe.in https://pahe.in/ 104.27.132.141 104.27.133.141
8. ettv.to https://www.ettv.to/ 104.25.158.33 104.25.159.33 katcr.co https://katcr.co/ 192.64.119.34 91.212.150.157 kickass[1].to https://kickass[1].to/ 104.31.18.30 104.31.19.30 kikass.to https://kikass.to/ 104.27.150.245 104.27.151.245 kat.sx https://kat.sx/ 104.31.16.[3] 104.31.17.[3] kickass.sx https://kickass.sx/ kat.ag https://kat.ag
9. fullmaza.vip https://fullmaza.vip/ 104.27.176.218 104.27.177.218 fullmaza.ch https://fullmaza.ch/ 104.27.174.146 104.27.175.146 fullmaza.org https://fullmaza.org 104.27.190.251 104.27.191.251
10. swatchseries.to https://www[1].swatchserie s.to/ dwatchseries.to https://dwatchseries.to watch-series.ac https://watch-series.ac 104.18.58.170 104.18.59.170 watch-series.co https://ww[6].watchseries.co/ 104.25.206.11 104.25.207.11 watchseries.fm https://watchseries.fm/ 172.64.104.16 172.64.105.16 watch-series.live https://www[4].watchseries.live/ 104.26.4.194 104.26.5.194 Watch-series.cc Watch-series.cc 185.38.15.148 Watch-series.ru Watch-series.ru 104.31.92.31 104.31.93.31 mywatchseries.stre am https://on.mywatchseries.s tream 104.28.28.173 104.28.29.173 am https://get.mywatchseries. stream/ watchseriess.to https://ww[1].watchseriess.t o/ 104.31.64.104 104.31.65.104 watchseriesnet.net http://www[5].watchseriesn et.net 104.31.72.66 104.31.73.66 am https://mywatchseries.stre am gowatchseries.tv https://www[2].gowatchseri es.tv/ 104.26.6.88 104.26.7.88 gowatchseries.co https://ww[5].gowatchserie s.co 104.26.14.159 104.26.15.159
11. hdpopcorns.online https://hdpopcorns.online/ 104.24.102.92 104.24.103.92 hdpopcorns.me https://www.hdpopcorns. me 104.24.106.249 104.24.107.249
12. lordhd.com https://lordhd.com/ 104.28.30.228 104.28.31.228
13. moviesak47.pro https://moviesak47.pro 104.27.184.104 104.27.185.104 moviesak47.in https://www.moviesak47.i n 104.28.16.163 104.28.17.163
14. subsmovies.nz http://www[1].subsmovies. nz 104.27.152.183 104.27.153.183 Further, Defendant Nos. 24 and 25 are directed to suspend the aforenoted domain name registration of Defendant Nos. 1 to 14 and issue requisite notifications calling upon various internet and telecom service providers registered under them to block the aforenoted websites identified by Plaintiff.
20. Let provisions of Order XXXIX Rule 3 CPC be complied by way of email within a period of one week.
21. A copy of this order be given dasti under the signature of the Court Master.
V. KAMESWAR RAO, J
AUGUST 26, 2019