Neetu Singh & Anr. v. Telegram FZ LLC & Ors.

Brief facts

The plaintiffs, who own copyright in educational course materials, found the materials circulated without authorisation on Telegram channels. In their copyright suit they applied under Order XI CPC for discovery, asking that Telegram be directed to disclose the identities of the persons operating the infringing channels.

Issues before the Court

Whether Telegram, whose servers are located outside India, can be directed to disclose details of the operators of infringing channels.

Court's findings

The Information Technology Act and the Rules made under it must be construed harmoniously with the rights and remedies of copyright owners under the Copyright Act; otherwise copyright owners would be left without remedy against the actual infringers. The fact that Telegram chooses not to locate its servers in India does not divest Indian courts of jurisdiction over copyright disputes, and conventional ideas of territoriality cannot be applied strictly in an age of cloud computing (para 46).

Decision

Telegram was directed to disclose, in a sealed cover within the stated time, details of the infringing channels and the devices, mobile numbers, IP addresses and email addresses used to upload and communicate the infringing material; further directions were to follow after hearing the parties. This is an interlocutory order.

Important paragraph references

Para 46: harmonious construction and jurisdiction; paras 47-48: disclosure directions.

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