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Judgment
V. Kameswar Rao, J
I.A. 11596/2019 (for exemption)
Exemption allowed subject to all just exceptions.
The application stands disposed of.
I.A. 11597/2019 (under Section 80 CPC)
Issue notice to the non-applicants / Defendant Nos. 24 and 25 by all modes including email, returnable on 24th October 2019.
CS(COMM) 457/2019
Let the plaint be registered as a suit.
Issue summons to the Defendant Nos. 1 to 14 through email and to Defendant Nos. 15 to 25 through all modes upon filing of Process Fee.
The summons to the Defendants shall indicate that a written statement to the plaint shall be filed positively within 30 days from date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.
Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
List before the Joint Registrar for marking of exhibits on 27th September 2019. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
List before Court on 24th October 2019.
I.A. 11595/2019 (U/O 39 Rule 1 & 2 CPC)
Issue notice to the Defendants by all modes including email, returnable on 24th October 2019.
The present suit has been filed for permanent injunction, rendition of accounts and damages etc. Plaintiff-Warner Bros. Entertainment Inc., is a Company incorporated at the state of Delaware, having its office at 4000 Warner Boulevard, Burbank, California 91522, United States of America.
Defendants Nos. 1-14, which include moviesflix.net, with the additional domains moviesflixhub.com, moviesflixhub.net, hdmoviearea.com, dailydrivelink.me, dailydrivelink.net, dailydrivelink.in (hereinafter Defendant No. 1); psarips.org, with the additional domain psarips.com, psarips.in, psarips.net, (hereinafter Defendant No. 2); world4ufree.store with the additional domains world4ufree.best, world4ufree.com.CO, world4ufree.cool, world4ufree.fun (hereinafter Defendant No. 3); moviebaba.in (hereinafter Defendant No. 4); 123movies.domains, with the additional domains 123moviesback.org, 123moviesback.com, 123movies.gdn, 123moviesla.com, 123moviesz.pro, is123movies.site, www.123movies.site, 123movies2019.com, 123movieshq.org, 123movies.st, 123movies.la, 123movie.uk, go123movies.io, gostream.site, gostream.nu (hereinafter Defendant No. 5); mkvcinemas.eu, with the additional domains mkvcinemas.pro, mkvcinemas.live, mkvcinemas.pw, mkvcinemas.com, mkvcinemas.cz, mkvcage.fun, mkvcage.com, mkvhub.com, mkvrips.com, 480mkv.net, 480mkv.com, mkvcinemas.be (hereinafter Defendant No. 6); pahe.in (hereinafter Defendant No. 7); ettv.to, with the additional domains katcr.co, kickassl.to, kat.ag, kickass.sx, kikass.to, kat.sx(hereinafter Defendant No. 8): fullmaza.ch with the additional domains fullmaza.vip, fullmaza.org (hereinafter Defendant No. 9); watchseries.fm, with the additional domains watch-series.co, watch-series.live, watch-series.ru, watch-series,cc, watchseriesnet.net, on.mywatchseries.stream, get.mywatchseries.stream, swatchseries.to, dwatchseries.to, gowatchseries.tv, gowatchseries.co, watchseriess.to, watch-series.ac (hereinafter Defendant No. 10); hdpopcorns.me with the additional domain hdpopcorns.online (hereinafter Defendant No. 11); lordhd.com(hereinafter Defendant No. 12); moviesak47.pro with the additional domain moviesak47.in(hereinafter Defendant No. 13); subsmovies.nz (hereinafter Defendant No. 14) [hereinafter collectively referred to as "Defendant Websites"], are online locations which enables users of the Defendant Websites' services to: (a) view (by a process known as "streaming / downloading") cinematograph films, being motion pictures, television programs or other audio-visual content, on devices connected to the Internet; (b) cause copies of those cinematograph films to be downloaded onto the memory of their devices for watching later or enabling others to watch or further copy those cinematograph films; and/or (c) identify other online locations including (by a process known as "linking") which enables those users to engage in the activities set out in (a) or (b).
It is stated in the plaint that Defendant Websites are primarily and substantially engaged in communicating to the public, hosting, streaming and/or making available to the public Plaintiff's original content without authorization, and/or facilitating the same. Defendant Nos. 1 to 14 are making available, illegally and unauthorizedly, content of various third parties like UTV Software Communications Ltd., STAR India Pvt. Ltd., Disney Enterprises, Inc., Paramount Pictures Corporation, Columbia Pictures Industries, Inc., Universal City Studios LLC., and Netflix Entertainment Services India LLP, etc. (hereinafter referred to as 'studios').
It is further submitted that Plaintiff's films are works of visual recording and include sound recordings accompanying such visual recordings, which qualify as a "cinematograph film" under Section 2(f) of the Copyright Act, 1957 (hereinafter 'the Act'). Further, by virtue of Section 13(1) read with Section 13(2), Section 5 and Section 40 of the Act, the Plaintiff's cinematograph films whether released or not released in India would be entitled to all rights and protections granted under the Act for cinematograph films. The cinematograph films produced by the Plaintiff are "works" as defined under Section 2(y) of the Act, Plaintiff has all the rights in such cinematograph films granted under Section 14(d) of the Act, and Plaintiff is author and/or first owner and/or owners (under Section 17 of the Act) of the following illustrative list of cinematograph films that are entitled to protection under the Act:
S.No.
Film
Year
1.
Aquaman
2018
2.
A Star Is Born
2018
3.
Wonder Woman
2017
4.
Arrow, Season 7, Episode 22
2019
In order to protect and enforce their exclusive rights, the Plaintiff investigated and monitored the Defendant Websites and gathered evidence of their infringing activity. During the period of investigation the Defendant Websites infringed the Plaintiff's Original Content or facilitated the same, using or facilitating the use of the Defendant Websites, inter alia, by downloading and streaming the Plaintiff's Original Content. The illustrative list of illegal content made available by Defendant Nos. 1 to 14, that are entitled to protection under the Act are mentioned hereinbelow:
Studio
Film
Year
Columbia
Miracles from Heaven
2016
Columbia
This is the End
2013
DEI
Finding Dory
2016
DEI
The Jungle Book
2016
Paramount
Transformers: The Last Knight
2017
Paramount
Transformers: Age of Extinction
2014
Paramount
xXx: Return of Xander Cage
2017
Universal
Straight Outta Compton
2015
Universal
The Purge: Election Year
2016
Universal
The Secret Life of Pets
2016
Netflix
Stranger Things
2017- 2019
Netflix
Santa Clarita Diet
2018- 2019
Learned counsel for the Plaintiff submits that legal notice was served upon the Defendant Websites calling upon them to cease from engaging in their infringing activities. Despite such legal notices, the Defendant Websites continue to infringe the rights in Plaintiff's Original Content. The Defendant Websites are therefore willfully infringing Copyright material and ignoring or failing to respond to notice to cease all infringement. He further submits that, access of the Defendant Websites has been disabled in other jurisdictions such as 123movies.st (Defendant No. 5) has been blocked in Australia; gostream.site (Defendant No. 5) has been blocked in Australia and Italy; katcr.co (Defendant No. 8) has been blocked in Belgium, Denmark, Indonesia, Italy, Malaysia and Portugal; smatchseries.to (Defendant No. 10) has been blocked in Belgium, Denmark and Norway; watch-series.co (Defendant No. 10) has been blocked in Australia, Denmark and Malaysia; gowatchseries.co (Defendant No. 10) has been blocked in Denmark; gowatchseries.tv (Defendant No. 10) has been blocked in United Kingdom; hdpopcorns.com an additional domain of Defendant No. 11 has beem blocked in Australia, Indonesia and Malaysia; submovies.nz (Defendant No. 14) has been blocked in Australia, Denmark and Italy.
Learned Counsel for the Plaintiff submits that Defendant Websites provides illegal content directly for free without any requirement of registration by users, and such availability of content is supported by the advertisements featured on the website. The primary purpose of the Defendant Websites is to commit or facilitate copyright infringement. Thus, Defendant Nos. 1 to 14 is liable for infringement under Section 51(a)(ii), Section 51(b), and Section 51(a)(i) for making a copy of the Original Content including the storing of it in any medium by electronic or other means and communicating the Original Content to the public. Further the hosting, streaming, reproducing, distributing, making available to the public, and/or communicating to the public of the Original Content, or facilitating the same, without authorization of the Plaintiff amounts to violation of the Plaintiff's copyright work, protected under the Act. In support of his contentions reliance has also been placed on the decision of this court in CS(COMM) 724/2017 dated 10th April, 2019, UTV Software Communication Ltd. vs. 1337X.TO and Ors.
Plaintiff has arrayed various internet and telecom services providers (ISPs) as Defendant Nos. 15-23 (hereinafter "the said ISPs") in the present suit to ensure the effective implementation of any relief that this Hon'ble Court may grant in favour of the Plaintiff. The limited relief being claimed against the said ISPs is to ensure the effective implementation of any order that this Hon'ble Court may be pleased to grant in favour of the Plaintiff by disabling access of the Defendant Websites in India.
Plaintiff has also arrayed Defendant No. 24, the Department of Telecommunications (DoT), and Defendant No. 25, the Ministry of Electronics and Information Technology (MEITY), for a similar reason. The limited relief being claimed against the DoT and the MEITY is the issuance of a notification to the internet and telecom service providers registered with it to disable access into India of the Defendant Websites.
In view of the averments noted hereinabove and in view of the judgment passed in UTV Software Communication Ltd. (supra), this Court is of the opinion that a prima facie case is made out in favour of the Plaintiff and balance of convenience is also in its favour. Further, irreparable harm or injury would be caused to the Plaintiff if an interim injunction order is not passed.
Consequently, Defendant Nos. 1-16 (and such other domains/domain owners/website operators/entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiff's exclusive rights), their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, are restrained from, hosting, streaming, reproducing, distributing, making available to the public and/or communicating to the public, or facilitating the same, in any manner, on their websites, through the internet any cinematograph work/content/programme/ show in relation to which Plaintiff has copyright;
Further, as held by this court in UTV Software Communication Ltd. (supra), in order for this court to be freed from constant monitoring and adjudicating the issues of mirror/redirect/alphanumeric websites it is directed that as and when Plaintiff files an application under Order I Rule 10 for impleadment of such websites, Plaintiff shall file an affidavit confirming that the newly impleaded website is mirror/redirect/alphanumeric website with sufficient supporting evidence. Such application shall be listed before the Joint Registrar, who on being satisfied with the material placed on record, shall issue directions to the ISPs to disable access in India to such mirror/redirect/alphanumeric websites.
Defendant Nos. 15-23, shall ensure compliance of this order by blocking, the websites, their URL's and the respective IP address as under:
S.No.
Domains
URLs
IP Addresses
1.
moviesflix.net
https://moviesflix.net/
104.27.158.101
104.27.159.101
moviesflixhub.net
https://moviesflixhub.net/
104.31.82.218
104.31.83.218
moviesflixhub.com
www.moviesflixhub.com
104.18.34.197
104.18.35.197
hdmoviearea.com
https://hdmoviearea.com/
104.31.66.64
104.31.67.64
dailydrivelink.net
http://dailydrivelink.net
104.27.140.106
104.27.141.106
dailydrivelink.in
http://dailydrivelink.in
104.28.6.222
104.28.7.222
dailydrivelink.me
https://dailydrivelink.me/
104.24.120.188
104.24.121.188
2.
psarips.org
https://psarips.org/
93.174.89.4
psarips.com
https://psarips.com
psarips.in
https://psarips.in
psarips.net
https://psarips.net
3.
world4ufree.best
https://world4ufree.best/
104.27.184.87
104.27.185.87
world4ufree.com.co
https://world4ufree.com.co
104.18.32.222
104.18.33.222
world4ufree.store
https://world4ufree.store
192.124.249.159
world4ufree.fun
https://world4ufree.fun
104.27.144.38
104.27.145.38
world4ufree.cool
https://world4ufree.cool
104.28.28.199
104.28.29.199
4.
moviebaba.in
http://moviebaba.in/
104.27.186.85
104.27.186.85
5.
123movies.domains
https://ww1.123movies.domains/
104.31.68.37
104.31.68.37
123movies.la
https://www3.123movies.la/
104.25.107.102
104.25.108.102
123moviesback.org
https://www.123moviesback.org/
104.27.166.24
104.27.167.24
123moviesback.com
https://www.123moviesback.com
104.31.84.11
104.31.85.11
123movies.gdn
https://www.123movies.gdn/
104.25.88.28
104.25.89.28
123moviesla.com
https://www.123moviesla.com
104.24.104.218
104.24.105.218
123movie.uk
https://w3.123movie.uk/
199.188.201.159
gostream.nu
https://gostream.nu
104.31.94.223
104.31.95.223
123moviesz.pro
https://www.123moviesz.pro/
104.24.124.223
104.24.125.223
is123movies.site
https://is123movies.site/
104.28.22.9
104.28.23.9
123movies2019.com
https://www.123movies2019.com
104.27.146.147
104.27.147.147
gostream.site
https://gostream.site
104.18.60.72
104.18.61.72
go123movies.io
https://www2.go123moves.io/
104.27.142.213
104.27.143.213
123movieshq.org
https://123movieshq.org/
104.18.42.58
104.18.43.58
123movies.st
https://www6.123movies.st/
104.31.114.13
104.31.115.13
6.
mkvcinemas.pro
https://www.mkvcinemas.pro/
104.27.188.121
104.27.189.121
mkvcinemas.cz
https://www.mkvcinemas.cz
104.28.24.84
104.28.25.84
mkvcinemas.eu
https://www.mkvcinemas.eu/
104.27.188.153
104.27.189.153
mkvcinemas.pw
https://mkvcinemas.pw
104.28.8.69
104.28.9.69
mkvcinemas.com
https://mkvcinemas.com
104.31.78.10
104.31.79.10
mkvcinemas.live
https://mkvcinemas.live/
104.27.148.32
104.27.149.32
mkvcinemas.be
https://www.mkvcinemas.be/
104.18.58.198
104.18.59.198
mkvhub.com
https://www.mkvhub.com/
104.31.64.69
104.31.65.69
mkvcage.com
https://www.mkvcage.com/
104.24.98.153
104.24.99.153
mkvcage.fun
https://www.mkvcage.fun/
104.27.172.131
104.27.173.131
480mkv.net
https://480mkv.net/
104.27.172.131
104.24.117.158
480mkv.com
https://480mkv.com
104.31.80.82
104.31.81.82
mkvrips.com
https://mkvrips.com/
104.18.62.90
104.18.63.90
7.
pahe.in
https://pahe.in/
104.27.132.141
104.27.133.141
8.
ettv.to
https://www.ettv.to/
104.25.158.33
104.25.159.33
katcr.co
https://katcr.co/
192.64.119.34
91.212.150.157
kickass1.to
https://kickass1.to/
104.31.18.30
104.31.19.30
kikass.to
https://kikass.to/
104.27.150.245
104.27.151.245
kat.sx
https://kat.sx/
104.31.16.3
104.31.17.3
kickass.sx
https://kickass.sx/
104.31.18.30
104.31.19.30
kat.ag
https://kat.ag
104.31.18.30
104.31.19.30
9.
fullmaza.vip
https://fullmaza.vip/
104.27.176.218
104.27.177.218
fullmaza.ch
https://fullmaza.ch/
104.27.174.146
104.27.175.146
fullmaza.org
https://fullmaza.org
104.27.190.251
104.27.191.251
10.
swatchseries.to
https://www1.swatchseries.to/
104.31.18.30
104.31.19.30
dwatchseries.to
https://dwatchseries.to
104.31.18.30
104.31.19.30
watch-series.ac
https://watch-series.ac
104.18.58.170
104.18.59.170
watch-series.co
https://ww6.watch-series.co/
104.25.206.11
104.25.207.11
watchseries.fm
https://watchseries.fm/
172.64.104.16
172.64.105.16
watch-series.live
https://www4.watch-series.live/
104.26.4.194
104.26.5.194
Watch-series.cc
Watch-series.cc
185.38.15.148
Watch-series.ru
Watch-series.ru
104.31.92.31
104.31.93.31
mywatchseries.stream
https://on.mywatchseries.stream
104.28.28.173
104.28.29.173
mywatchseries.stream
https://get.mywatchseries.stream/
104.28.28.173
104.28.29.173
watchseriess.to
https://ww1.watchseriess.to/
104.31.64.104
104.31.65.104
watchseriesnet.net
http://www5.watchseriesnet.net
104.31.72.66
104.31.73.66
mywatchseries.stream
https://mywatchseries.stream
104.28.28.173
104.28.28.173
104.28.29.173
gowatchseries.tv
https://www2.gowatchseries.tv/
104.26.6.88
104.26.7.88
gowatchseries.co
https://ww5.gowatchseries.co
104.26.14.159
104.26.15.159
11.
hdpopcorns.online
https://hdpopcorns.online/
104.24.102.92
104.24.103.92
hdpopcorns.me
https://www.hdpopcorns.me
104.24.106.249
104.24.107.249
12.
lordhd.com
https://lordhd.com/
104.28.30.228
104.28.31.228
13.
moviesak47.pro
https://moviesak47.pro
104.27.184.104
104.27.185.104
moviesak47.in
https://www.moviesak47.in
104.28.16.163
104.28.17.163
14.
subsmovies.nz
http://www1.subsmovies.nz
104.27.152.183
104.27.153.183
Further, Defendant Nos. 24 and 25 are directed to suspend the aforenoted domain name registration of Defendant Nos. 1 to 14 and issue requisite notifications calling upon various internet and telecom service providers registered under them to block the aforenoted websites identified by Plaintiff.
Let provisions of Order XXXIX Rule 3 CPC be complied by way of email within a period of one week.
A copy of this order be given dasti under the signature of the Court Master.