‘Rogue Websites Continue To Exploit’: Delhi HC Grants Injunction To Unisys Against Rogue Websites

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Synopsis

Unisys alleged that rogue websites displayed pirated content without authorization, violating third-party rights for financial gain. These websites, often anonymous, regularly updated infringing content and were located at unverifiable locations. 

The Delhi High Court, recently, granted an injunction in favour of Unisys Infosolutions against rogue websites. The bench of Justice Amit Bansal held, “It is submitted that if the illegal activities of the defendant websites are not restrained during the pendency of the present proceedings, plaintiffs shall suffer irreparable harm since it is submitted that the defendant”. 

A suit was filed seeking a permanent injunction to restrain Desicinemas and others from engaging in piracy of works of Unisys Infosolutions. 

The court noted that the plaintiffs, and affiliated companies, were involved in producing, acquiring, and distributing cinematographic films and audio-visual content in multiple languages and formats globally, including theatrical, television, and digital platforms. The plaintiffs, identified as one of India's largest music and film producers, claimed exclusive rights under the Copyright Act, 1957, to publicly exhibit and communicate their works, categorized as “Cinematograph Films,” through any medium. The plaintiffs exploited their works through platforms like YouTube under "Saga Hits," their OTT platform “Kableone,” and other third-party platforms.

The court, noting the systematic and intentional nature of the infringement, observed that the plaintiffs were at risk of suffering irreparable harm if the activities of the rogue websites continued. Consequently, the court issued the following interim directions:

The court granted liberty to websites unintentionally blocked to approach it with an undertaking of non-infringement. Plaintiffs were also allowed to seek impleadment of newly identified rogue websites. 

Compliance with procedural requirements under Order XXXIX Rule 3 of the CPC was mandated within seven days. The court listed the matter for April 2, 2025.

For Petitioner: Advocates Nikhil Chawla and Om Ram
For Respondent: Advocates Aditya Gupta and Sauhard Alung
Case Title: Unisys Infosolutions v Desicinemas.TV (CS(COMM) 1116/2024)