Introduction:

In a significant ruling protecting intellectual property rights, the Delhi High Court granted a permanent injunction in Star India Pvt. Ltd. & Anr. vs. Ashar Nisar & Ors. (CS(COMM) 214/2022), restraining rogue streaming apps and websites from illegally broadcasting Star content. Star India Pvt. Ltd., a leading entertainment and media company, approached the court against various rogue websites and mobile applications such as Ninja TV, RTS TV, Kyte TV, Picaso TV, Stream India, and Hotstar Mod App, alleging that these platforms were illegally disseminating its copyrighted content.

Arguments:

The plaintiff, which owns and operates the popular streaming service Disney+ Hotstar, argued that these unauthorised platforms provided free or minimal-cost access to its premium content, thereby infringing upon its intellectual property rights. Despite prior warnings and legal notices, the defendants continued to operate these rogue apps and websites, causing significant financial losses and diluting the value of Star India’s broadcasting rights. The Delhi High Court had earlier granted an ex-parte ad-interim injunction on April 6, 2022, preventing the defendants from further infringing Star India’s content. However, as the defendants failed to appear in court or file a written statement, the matter proceeded under Order VIII Rule 10 of the CPC, allowing the court to pronounce judgment in their absence.

Judgement:

Justice Amit Bansal, presiding over the case, observed that the defendants had intentionally developed and distributed these infringing platforms with the sole objective of exploiting Star India’s copyrighted content. The court further noted that the rogue websites functioned as repositories for illicit applications, enabling users to download and access pirated content directly on their devices, thereby circumventing legitimate subscription models. Star India argued that the actions of these rogue operators resulted in substantial revenue loss and irreparable harm to its business. The plaintiff contended that, by offering free access to premium content, these platforms severely undermined its licensing and broadcasting rights, ultimately impacting the sustainability of its business model. Furthermore, Star India emphasised that the unauthorised streaming of its content encouraged digital piracy, which not only affected its revenues but also posed a broader threat to the entertainment industry. The court found merit in these arguments and held that the defendants were actively engaged in infringing activities that violated copyright laws. Justice Amit Bansal stated that it was evident from the plaint that the defendants had deliberately created, developed, and distributed these infringing applications and websites with the primary aim of exploiting Star India’s intellectual property. He further noted that such activities were not only illegal but also detrimental to the plaintiff’s business interests. Consequently, the court issued a permanent injunction against the defendants, their agents, partners, and any other associated entities, restraining them from hosting, streaming, or providing access to Star India’s content without authorisation. Additionally, the court directed internet service providers and government authorities to take necessary action to block these rogue websites and applications. This ruling marks a significant step in the fight against digital piracy and reinforces the importance of protecting intellectual property rights in the digital age. It sets a strong precedent for copyright enforcement, particularly in the rapidly evolving landscape of online streaming.