Universal City Studios LLC & Ors. v. DotMovies.Baby & Ors.

Relevant Acts and provisions

Code of Civil Procedure, 1908

Section Order XXXIX Rule 1Section Order XXXIX Rule 2

Copyright Act, 1957

Section 51

Provisions considered: Copyright Act, 1957, read with Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.

Brief facts

Six major film studios, owners of copyright in a large body of films and television content, sued sixteen rogue websites, along with domain name registrars, internet service providers and government departments, alleging that the websites hosted, streamed and made available their copyrighted content without authorisation. The plaintiffs sought an ex parte interim injunction that would also cover their future works and any mirror or alphanumeric-variant websites that might spring up to replace the named defendants.

Issues before the Court

1. Can an interim injunction against rogue websites be extended to cover the plaintiffs' future, not-yet-created copyrighted works?
2. Should the injunction automatically extend to mirror, redirect or alphanumeric-variant websites of the named defendants?

Court's findings

The Court held that content piracy by rogue websites is inherently dynamic, since new films and shows are added to such websites almost as soon as they are released, and that an injunction confined to works existing on the date of the order would be rendered ineffective within days, defeating the purpose of copyright protection.

Building on the Court's earlier recognition of dynamic injunctions against mirror websites in UTV Software Communications, the Court held that an injunction could also be made dynamic with respect to the plaintiffs, so as to extend automatically to their future copyrighted works upon a simple application supported by an affidavit to the Registrar, without a fresh suit each time a new film or series is pirated.

The Court accordingly granted an ex parte interim injunction restraining the named websites and any mirror, redirect or alphanumeric variant thereof, and directed internet service providers and the concerned government departments to block access, and the domain name registrars to lock and suspend the infringing domain names.

Decision

Ex parte interim dynamic injunction granted restraining the defendant websites and their mirrors, extending to the plaintiffs' future works, with blocking and domain-suspension directions.

Cases cited

• UTV Software Communications Ltd. v. 1337X.to, 2019 SCC OnLine Del 8002

Authorities referred to in the decision. Please verify each citation in the judgment itself.

Keywords

Copyright Infringement Digital Platforms Dynamic Injunction Film And OTT Content Online Infringement