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Star India Pvt. Ltd. & Anr v. Oxibuzz.com & Ors

Star India Pvt. Ltd. & Anr v. Oxibuzz.com & Ors

(High Court Of Delhi)

CS(COMM) 250/2020 & I.A. 5473/2020 | 13-12-2023

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff No. 1-Star India Pvt. Ltd. and Plaintiff No. 2-Novi Digital Entertainment Pvt. Ltd. seeking permanent injunction restraining the Defendant No. 1-74 from hosting, streaming or communicating, in any manner the Plaintiffs' cinematograph film 'Dil Bechara'.

3. The Plaintiff No. 1 claims to enjoy exclusive rights in respect of the said cinematograph film. The same was scheduled to be released on the platform of Plaintiff No. 2 i.e. DISNEY+ HOTSTAR on 24th July, 2020. There was an apprehension at the time when the suit was filed that the said film could be illegally and unlawfully broadcasted on various rogue websites. Accordingly, the following parties were arrayed as Defendants in the suit:

i) Defendant Nos. 1 to 74-are rogue websites.

ii) Defendant Nos. 75 & 76-Domain Name Registrars (DNRs)

iii) Defendant Nos. 77 to 85-Internet Service Providers (ISPs)

iv) Defendant Nos. 86-Department of Telecommunications (DoT)

v) Defendant Nos. 87-the Ministry of Electronics and Information Technology (MEITY)

vi) Defendant Nos. 88-Ashok Kumar.

4. Accordingly, this Court had granted injunction vide order dated 13th July, 2020 and directed DoT and MeitY to block the access to the said rogue websites. The operative portion of the said order is set out below:

"8.2 Besides this, defendant Nos. 86 and 87 will issue necessary notification(s) for blocking the access to the websites of defendant Nos. 1 to 74, the Uniform Resource Locators [URLs] of which, are also set forth hereafter;

S. No

Particulars

1

oxibuzz.com

2

foumovies.me

3

latest.newhdmovie.in

4

oceanofmovies.cc

5

jobxtend.com

6

123movieslinks.com

7

skvmovieshd.life

8

bollvfilmshd.net

9

hdmovies.in.net

10

wwl.Ogomovies.org

11

en.naijaonpoint.co

12

300mbfilms.ws

13

torrentdownload.info

14

mkvhub.net

15

prostylex.org

16

geourdufilm.com

17

123-movies.club

18

remaxhd.com

19

gofilms4u.ws

20

123movies.eus

21

piratebay.surf

22

dwatchmovies.pro

23

limetorrents.at

24

yts.digital

25

piratebaylive.online

26

1377x.is

27

bdmusic23.fit

28

bollvwoodfilma.xyz

29

movies4k.me

30

putlocker5movies.site

31

movies123.pk

32

kickass.ws

33

pirateproxy.surf

34

stagatv.com

35

hotmovieshd.com

36

9xmovie.club

37

writop.com

38

hdwebmovies.club

39

filmyanju.cc

40

Hdpopcorn.store

41

piratbaytpb.one

42

nowmoviesonline.com

43

piratebays.wtf

44

ibit.am

45

t.extto.com

46

baypirate.org

47

moviescounterhd.club

48

wwl.0123movies.live

49

hdmovieplus.space

50

vofotube.net

51

onlinemovieinhd.com

52

wowmovies.info

53

filmyzillamovies.in

54

skymovieshd.in.net

55

torrentparadise.cl

56

torrentfunk.unblocked.love

57

piratebays.win

58

ofilmyzilla.run

59

thepiratebays.live

60

rarbghd.in

61

4movierulz.mx

62

Itamilmv.xyz

63

mkvcinemas.rocks

64

9xmovies, cloud

65

1sdmoviespoint.fun

66

Bonsaihd.fun

67

world4ufree.bar

68

7starhd.online

69

worldfree4u.cloud

70

9xmovie.casa

71

7starhdl.win

72

vegamovies.me

73

Filmyzilla.golf

74

watchmoviesl.com.pk

8.3 This apart, defendant Nos. 77 to 85 shall block access to the URLs of defendant Nos. 1 to 74 as set out in the table extracted in paragraph 8.2 above."

5. Pursuant to the said order of injunction, MeitY and DoT have already blocked the said rogue websites and the DNRs. had also locked and suspended the respective domain names. The ISPs have also ensured that the blocking orders are implemented.

6. Today, ld. Counsel for the Plaintiff confirms that in addition to Defendant No. 75-Godaddy LLC, Defendant No. 76-PDR Ltd. had also suspended the domain names/websites.

7. In the present case, all the websites were served but there is no appearance for any of the parties. Further, order dated 21st September, 2021 also records that service has been completed in this matter. In view of the fact that service is complete and there is no contest, the suit is decreed in terms of paragraph 62(i) and (ii) of the plaint.

8. Insofar as the DNRs. are concerned, whichever websites are within their control they shall continue to remain blocked and suspended. The DNRs. shall not be charged any amounts for the suspension of these domain names, inasmuch as the same has been directed to be blocked and suspended under orders of this Court.

9. Insofar as Dot and MeitY are concerned, they shall make the blocking orders operate permanent against these rogue websites. The ISPs shall give effect to such blocking orders.

10. No further reliefs are pressed for.

11. Decree sheet be drawn accordingly. All pending applications are disposed of.

Advocate List
  • Mr. Vivek Ayyagari, Adv.

  • Ms. Shweta Sahu Adv Mr Brijesh Ujjainwal, Advs

Bench
  • HON'BLE MS. JUSTICE PRATHIBA M. SINGH
Eq Citations
  • 2023/DHC/9015
  • LQ/DelHC/2023/8010
Head Note

Copyright — Cinematograph Film — Injunction — Unlawful broadcasting of a film — Plaintiffs filed a suit for grant of permanent injunction restraining the defendants from hosting, streaming or communicating, in any manner, the Plaintiffs' cinematograph film 'Dil Bechara' which was scheduled to be released on the platform of Plaintiff No. 2 i.e. DISNEY+ HOTSTAR on 24th July, 2020 — This Court vide order dated 13th July, 2020 had granted injunction and directed DoT and MeitY to block the access to the rogue websites — The said order was implemented and pursuant to the order, MeitY and DoT had blocked the said rogue websites and the DNRs. had also locked and suspended the respective domain names — Subsequently, Plaintiff confirmed that Defendant No. 76-PDR Ltd. had also suspended the domain names/websites — In view of the facts and circumstances of the case and there being no contest/appearance on behalf of the defendants, the suit was decreed in terms of prayer clauses (i) and (ii) of the plaint — The Court directed the DNRs to continue to block and suspend the websites under their control — The domain name registrars were not to be charged any amount for the suspension of these domain names — DoT and MeitY were directed to make the blocking orders operate permanent against these rogue websites — The ISPs were directed to implement such blocking orders.