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Star India Pvt. Ltd. v. Roy M.A. & Ors.Within the Excessive Courtroom of DelhiCS(OS) 3319/2014Before Justice Manmohan SinghDecided on November 05, 2014
Relevancy of the Case: Ex-parte order towards the web sites infringing the plaintiff’s unique rights to the 2014 India-Sri Lanka cricket sequence
Statutes and Provisions Concerned
The Code of Civil Process, 1908 (Part 149, 151, Order XXXIX Rule 1, 2, 3)
The Copyright Act, 1957 (Part 37)
Related Info of the Case
The primary plaintiff, Star India, had unique rights to the India-Sri Lanka cricket sequence. The plaintiff’s rights cowl broadcasting, internet hosting, and distributing the sequence in India. It has bought these unique rights from BCCI, making it the one entity to distribute the sequence in any type all through the nation.
Defendants 1 to 31 and 52 to 70 web sites have hosted and distributed the sequence on their platform with out the authorisation of the primary plaintiff. The above-mentioned web sites are nameless in nature. It’s troublesome to hint them and determine their supply.
Distinguished Arguments by the Advocates
The petitioner’s counsel argued that it has unique rights over the distribution of the India-Sri Lanka sequence cricket matches of 2014. These web sites are infringing the plaintiff’s rights. They’re distributing pirated content material by illegal means. He pleaded that the problem of tracing these nameless websites makes it needed for the courtroom to cross an ex-parte order.
Opinion of the Bench
The nameless nature of the web sites makes it essential to cross an interim order within the plaintiff’s favour.
The stability of comfort is in favour of the plaintiff and towards the defendant. The plaintiff has made a prima facie case.
Ultimate Choice
The bench ordered defendants 1 to 31 and 52 to 70 (web sites) to cease internet hosting and distributing any materials associated to this sequence. Additional, the bench directed defendants 32 to 49 to dam entry to the record of internet sites recognized by the plaintiff. It directed defendants 50 and 51 to order numerous web service suppliers to dam entry to those websites.
Ritesh Karale, an undergraduate scholar at Maharashtra Nationwide Legislation College, Mumbai, ready this case abstract throughout his internship with The Cyber Weblog India in January/February 2024.
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