Streaming Dynamics Altered: Appreciating Delhi HC’s ‘Dynamic+ Injunction’ against Rogue Streaming Websites

Introduction

In a groundbreaking ruling, the Delhi High Court has taken a decisive step to prevent the unauthorized streaming and downloading of copyrighted content from rogue websites. The court’s innovative ‘Dynamic+ Injunction’ aims to shield the creative industry from potential harm caused by these rogue platforms. This move is in response to the lawsuit Universal City Studios LLC & Ors v. DotMovies.Baby and Ors, where Justice Prathiba M Singh issued an ex parte ad interim injunction favoring six American studios against these rogue websites.

Analyzing the Objective of the Court Order

1. Injunction against Rogue Websites

In her ruling, Justice Singh has granted an ex parte ad interim injunction in favor of Universal City Studios LLC, Warner Bros. Entertainment Inc., Columbia Pictures Industries Inc., Netflix Studios LLC, Paramount Pictures Corporation, and Disney Enterprises Inc. This injunction restricts 16 rogue websites, which she referred to as “hydra-headed websites,” their mirror/redirect versions, and alphanumeric variations from streaming or offering downloads of both existing and future content from the aforementioned studios.

• Incorporating Variations in Injunction

The court has ingeniously allowed the studios to implead any mirror, redirect, or alphanumeric variations of the rogue websites. This provision serves to encompass websites associated with the original rogue websites, thereby preventing new avenues for accessing the primary infringing content already under injunction.

Deciphering the Motivations behind the Court Order

1. Protecting Creativity and Copyrighted Works

Justice Prathiba M Singh, recognizing the evolving nature of copyright infringement facilitated by such rogue websites, has implemented a ‘Dynamic+ Injunction’ to safeguard copyrighted works as soon as they are created. This dynamic approach aims to prevent any irreparable loss to authors and owners of copyrighted content, considering the imminent risk of immediate uploading of films, shows, series, and other works on rogue websites or their variants.

• Impact on the Creative Industry

Justice Singh’s ruling highlights the potential damage caused by rogue websites to the creative industry. These platforms offer unlicensed alternatives to content provided by copyright owners, potentially hindering the growth of the content creation sector in India and abroad. The court underlines that ignoring the existence of rogue websites could lead to a decline in creativity, affecting multiple stakeholders involved in content creation.

• Global Consensus and Technological Innovation

Recognizing the limitations of website-blocking measures, the court has stressed the need for a global consensus to tackle this issue. It acknowledges that even with internet service providers (ISPs) blocking access, users can still bypass such restrictions through VPN servers and other methods. This necessitates a collective effort to address this challenge effectively.

• Calibrating Remedies for Future Works

In light of the swift pace of technological innovation, the court emphasizes the need to adjust remedies granted by courts. While not advocating for injunctions in every case involving future works, the court asserts that granting injunctions for upcoming creations would depend on the specific circumstances presented before the court.

Assigning Responsibilities to the Intermediaries

1. Role of Domain Name Registrars

The court has mandated that Domain Name Registrars (DNRs) of the rogue websites’ domain names must promptly lock and suspend the mentioned domains upon receiving intimation from the plaintiffs. Additionally, the registrants’ details, including Know Your Client (KYC), credit card information, and mobile numbers, are to be provided to the plaintiffs, strengthening the legal measures against copyright infringement.

• Directions to the ISPs and the Government

To enforce the injunction effectively, the court has directed internet service providers (ISPs) to block the listed rogue websites. The Union Ministry of Electronics, Information, and Technology (MEITY) and the Department of Telecommunication (DoT) have also been instructed to issue blocking orders against these websites, further fortifying the implementation of the injunction.

Enforcement and Next Steps

The court has directed both the Central Government and Internet Service Providers to implement website-blocking measures within a week. Advocates representing the plaintiff studios and Central Government Standing Counsel (CGSC) Harish V Shankar have played integral roles in presenting and defending their respective positions in this landmark case. The case is scheduled for further proceedings on January 15, 2024.

Conclusion

The Delhi High Court’s issuance of the ‘Dynamic+ Injunction’ demonstrates its commitment to protecting copyrighted content and fostering creativity in the content creation industry. By adopting a proactive approach to combat rogue websites and their activities, the court has paved the way for a more secure and vibrant creative landscape in India by adopting global jurisprudence.