Applause Entertainment Private Limited v. www.9xmovies.com.tw & Ors.

Facts:

The Plaintiff approached the Delhi High Court seeking a permanent injunction against several rogue websites, including www.9xmovies.com.tw and its mirror/redirect variants, for illegally broadcasting the third season of its web series “Undekhi.” The Plaintiff contended that the unauthorized dissemination of the series constituted copyright infringement under the Copyright Act, 1957. The Court granted a summary judgment in favour of the Plaintiff under Order XIII-A of the CPC, restraining the infringing websites and directing ISPs and governmental authorities to block access to them.

Facts-

The Plaintiff Applause Entertainment Pvt. Ltd. is a reputable media and entertainment company engaged in the production, acquisition, distribution, and monetization of audio-visual content, including web series and films. The Plaintiff has produced several critically acclaimed series such as Scam 1992: The Harshad Mehta Story and Rudra: The Edge of Darkness. The dispute revolves around the Plaintiff’s series UNDEKHI, a Hindi crime thriller, whose third season was released on SonyLIV on 10-05-2024, under a valid license agreement with Culver Max Entertainment Private Limited.

Following the release, the Plaintiff discovered that the series had been illegally leaked on various websites, including www.9xmovies.com.tw and other similar rogue platforms. These websites facilitated unauthorized downloads and streaming of the series without any valid license, thereby infringing the Plaintiff’s copyright. Despite issuing legal notices to the infringing websites, the Plaintiff did not receive any response. Consequently, the Plaintiff filed the present suit seeking permanent injunctions and ancillary reliefs against the Defendants.

Issues:

1. Whether the unauthorized dissemination of the Plaintiff’s web series by the Defendant websites amounts to copyright infringement under the Copyright Act, 1957.
2. Whether the Defendants qualify as ‘rogue websites’ engaging in systemic copyright abuse.
3. Whether the Plaintiff is entitled to a summary judgment under Order XIII-A of the CPC without leading further evidence.

Plaintiff’s Arguments:

• The Plaintiff, a reputed content production company, holds exclusive rights over the series “Undekhi” as a cinematograph film under Section 2(f) of the Copyright Act, 1957.
• It holds the statutory right to communicate the series to the public, which was exclusively licensed to SonyLIV through valid licensing agreements.
• Defendants no.1, 2, and 14–19 are rogue websites engaged in unlawful hosting and broadcasting of pirated content, including the third season of “Undekhi,” causing irreparable loss.
• These websites are anonymous, lack any legitimate takedown mechanism, and continued infringing despite legal notices.
• Reliance was placed on the precedent UTV Software Communications Ltd. v. 1337x.to & Ors., 2019 SCC OnLine Del 8002, where the Court laid down factors to determine rogue websites, all of which were satisfied in the present case.
• Summary judgment was sought under Order XIII-A CPC and Rule 27 of the Delhi High Court IPR Division Rules, 2022, as the matter involved no triable issues.

Defendants’ Arguments:

• None of the Defendants appeared or filed any written statement despite being served.
• Defendants 1, 2, and 14–19 remained anonymous and failed to respond to legal notices or Court pleadings.
• Defendants 3 to 11 (ISPs) and Defendants 12 and 13 (DoT and MeitY) were impleaded only for blocking access and did not contest the matter either.

Court’s Analysis:

• The Court relied on the UTV Software case to categorize the infringing platforms as rogue websites, considering factors like anonymity, inaction on takedown notices, and history of systemic infringement.
• The Defendants, having chosen to remain absent and not file written statements, were deemed to have admitted the averments of the plaint under Rule 3 of the Delhi High Court (Original Side) Rules, 2018.
• The Court restrained the Defendant websites from streaming or making the series available in any form and directed ISPs and government authorities to ensure complete blocking of access.
• No ex parte evidence was required as the case was found fit for disposal via summary judgment.

Judgement:

The Court granted a summary judgment in favour of the Plaintiff, recognizing its copyright ownership in the web series “Undekhi” and holding the acts of the Defendants as clear copyright infringement. The ruling is important because it reinforces that OTT content creators, for instance, do not have to sit back idly and wait for the trial to commence. They may file action through commercial litigation moves such as Order XIII-A CPC and get relief with no trial where the facts are not contested. The judgment once more emphasizes the standing of the UTV Software case comment which is arguably the first and most important one to deal with assessing rogue websites and digital copyright infringement. The Court’s reasoning suggests that these infringing platforms should bear responsibility for the infringements and do not merit procedural leniency sends a message that can have real impact for violations. Additionally, some of these issues are with the ISPs and governmental authorities which brings them into the case, which is important to deal with digital piracy in India.