Tag Archives: Delhi HIgh Court

Warner Bros. Obtains Several Blocking Orders Targeting Major Pirate Sites

Post Syndicated from Andy original https://torrentfreak.com/warner-bros-obtains-blocking-orders-against-major-pirate-sites-190813/

India is no stranger to blocking pirate sites. Just last week, a court ordered local Internet service providers to block more than 1,200 sites to prevent the spread of a single movie.

Now, however, it appears that there additional legal moves underway to ensure that sites are not only blocked temporarily but also on a more permanent basis.

Over the past several weeks the High Court in Delhi has been handling many separate applications for permanent injunction filed by US-based Warner Bros. Entertainment Inc.

In all cases, the company states that several of its copyrighted works – movies Aquaman, A Star is Born, Wonder Woman, plus TV show Arrow – were made available via a broad range of torrent, streaming, linking, and proxy-type sites.

The complaints also cite works by studios including Columbia, Paramount, Universal, and Netflix as further examples of content being infringed on the platforms.

In just one of the complaints the list of infringing domains runs to 124 and includes some very well known names including local giant Tamilrockers, TorrentDownload.ch, TorrentDownloads.me and EZTV, iStole.it, Zoink.it, Torrents.me, Torrents.io, Zooqle, MovieRulz, LimeTorrents, Bolly4u, KatMovie, Monova, and 9xMovies.

In many cases, multiple domains are listed for the above sites, including alternates, proxies and other variants that are accessible via various unblocking platforms. All are accused of infringing the rights of Warner Bros. by providing access to its movie and TV shows content without authorization.

“[D]efendant 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,” one order reads.

The order covering the above sites notes that Warner investigated and then served legal notices on the platforms ordering them to cease-and-desist. However, it’s reported that none acted to prevent their infringing activities.

To boost its case, Warner also informed the Court that some of the sites have already been blocked in other jurisdictions (including the UK, Portugal, Malaysia, Australia, Belgium, Denmark, Russia, and Italy) for similar behavior.

After consideration, the Court found that there is a prima facie case and Warner should be awarded an interim injunction to prevent the sites from continuing their infringing activities. Furthermore, the sites should have their domains blocked by ISPs in India, to prevent further damage and losses.

The Court also addressed the issue of additional domains or platforms appearing to circumvent any blocking, by granting Warner permission to file additional updates with the Court that will allow for such mechanisms to be disabled by ISPs via an expedited process.

The example order detailed above is very specific, in that it orders ISPs to block the domain names of the sites plus a list of IP addresses. However, the vast majority appear to be using Cloudflare, so it remains to be seen whether the ISPs will use discretion or blindly block, which could cause considerable disruption to other sites using the same IP locations.

In some of the orders, it appears that domain registrars are also required to suspend domain names belonging or connected to various sites, including TamilRockers, Hindilinks4u, Otorrents, Filmlinks4u, Mp4Moviez, Series9.io, uWatchFree, OnlineWatchMovies, MovieRulzFree, and SkyMovies.

Several additional applications from Warner are on record at the Delhi High Court but are yet to be published as interim orders.

The main order detailed above can be found here (pdf), the rest here 2,3,4,5,6,7,8,9,10

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

India Court Hands Down Cricket World Cup Piracy Blocking Order

Post Syndicated from Andy original https://torrentfreak.com/india-court-hands-down-cricket-world-cup-piracy-blocking-order-190611/

Over the past decade there have been dozens of orders requiring Internet service providers around the world to block access to copyright-infringing content.

The majority of these orders have attempted to protect the movie and music industries but more recently live sports broadcasters have become involved.

In most if not all sports-blocking cases, the content has been both audio and visual, such as live soccer matches to which the English Premier League owns the rights. However, a new blocking order out of India is attempting to block ‘pirate’ radio streams, delivered via the Internet.

The application was made by Channel 2 Group Corporation. According to the company’s website, its founder is Ajay Sethi, a man with a passion for cricket, who launched “the first ever Radio over the internet – Cricket Radio.”

Channel 2’s application at the Delhi High Court states that the company previously acquired the audio rights to the ICC Men’s World Cup, 2019. The agreement allows it to transmit audio coverage of Cricket World Cup matches (live, delayed, or highlights) via the Internet and private FM radio stations throughout India.

Of course, while Channel 2’s agreement may be exclusive in theory, the company says that other entities are encroaching (or likely to encroach) on its rights as the tournament progresses. As such, it’s seeking protection from the Court to have such broadcasts blocked.

In an ex parte interim order handed down by the Delhi High Court, the broadcaster appears to have been granted permission to do just that.

In total there are 249 defendants in the case, two of which are government departments only present for administrative reasons and 247 for direct involvement. Just one is mentioned by name in the published order, lead defendant live.mycricketlive.net. The remainder are not detailed but are variously described as follows:

  • Defendants 1-64 (URLs/Websites)
  • Defendants 65-68 (private radio platform operators)
  • Defendants 69-105 (Internet service providers)
  • Defendants 105-107 (Government departments) (108 absent from list)
  • Defendants 109-249 (Unknown defendants, to be determined)

“The Plaintiff’s apprehension regarding the likely abuse of Plaintiff’s exclusive Audio Rights and intellectual property rights arises from previous instances of infringement of the Plaintiff’s exclusive broadcasting rights by various interested persons,” the order reads.

“The said instances of infringement caused considerable financial loss to the Plaintiff. The Plaintiff is given to believe from its agencies that the Defendants arrayed herein will infringe the exclusive Audio Rights of the Plaintiff.”

Channel 2 states that defendants 1-105 have no right to offer radio/audio broadcasts of any ICC Event, including those in the World Cup. As a result, they urgently need to be restrained from doing so, since the tournament has already begun. Defendants 69-105 must take measures to block the unlicensed streams provided by the infringing websites/services.

Defendants 109-249 are so-called Ashok Kumars, which are the Indian equivalent of John Does. They are predicted to infringe on Channel 2’s rights so need to be dealt with quickly should they do so, the Court agreed.

“The Plaintiff apprehends that if the Plaintiff were to wait and identify specific parties and collect evidence of infringement by such specific parties, significant time would be lost and the cricket matches may come to an end,” the order reads.

“Irreparable injury, loss and damage, would be caused to the Plaintiff in such a scenario, which would be impossible to quantify in monetary terms alone.”

As part of the interim order, search engines are also required to delete from their results any websites/URLs that provide access to infringing sites/streams. They must do so following a notification from Channel 2 itself.

Given the broad nature of many blocking injunctions in this and other jurisdictions, not much of the above comes as a surprise anymore. However, there is a somewhat unusual addition to the order, which targets services that provide ball-by-ball and/or minute-by-minute updates on the status of matches.

They may only do so “gratuitously only after a time lag of 15 minutes.”

The interim order of the Delhi High Court can be found here (pdf)

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