Case Law Details
Star India Pvt Ltd & Anr Vs Yodesiserial.Su & Ors (Delhi High Court)
Delhi HC Permanently Restrains Rogue Websites From Illegally Streaming Shows, Films Broadcasted On Disney Hotstar
In a most significant development, we saw how as recently as on October 4, 2023, the Delhi High Court in a most learned, laudable, landmark and latest oral judgment titled Star India Pvt Ltd & Anr vs Yodesiserial.Su & Ors in CS(COMM) 353/2021 and cited in Neutral Citation: 2023:DHC:7230 has permanently restrained 50 rogue websites from illegally streaming various television shows, TV series and movies broadcasted on OTT platform Disney plus Hotstar. It must be noted that the Single Judge Bench comprising of Hon’ble Mr Justice C. Hari Shankar said in no uncertain terms that prima facie, exclusive rights to stream or telecast the content contained in the 26 shows and films vests in the platform and not others. It merits mentioning that the Delhi High Court was hearing a suit moved by Star India Private Limited and Disney Lus Hotstar against the rogue websites alleging that they were engaged in piracy of their copyrighted content.
It may be recalled that the Delhi High Court in August 2021 had passed an ad interim injunction order against the rogue websites. In a self-defeating move, we saw how none of the defendants were represented through a counsel in the entire proceedings. While decreeing the suit, the Single Judge Bench comprising of Hon’ble Mr Justice C. Hari Shankar waxed eloquent maintaining most sagaciously that “it is but natural” that the defendants being rogue entities, who are involved only in the business of unauthorized broadcasting of television shows, films and web series in which others hold copyright, have chosen not to appear before the court.
To top it all, the Bench also minced just no words absolutely and pulled back no punches to hold most decisively that, “This is not a singular phenomenon. It is observed by this Court in several matters where such rogue websites surface, that they do not turn up to contest the suit. Their prevailing philosophy appears to be to make hay while sun shines.” No denying it. No doubt, to combat such terrible menace spreading like malaria, there must be strictest action that should be initiated against such rogue websites so that no one in future can ever dare to take law for granted any longer!
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