Applause Entertainment Private Limited Versus Www.9Xmovies. Com.TW and Others
Facts of the Case:
Applause Entertainment Private Limited, a leading Indian media production company, filed a suit before the Delhi High Court seeking protection of its copyright over the third season of its crime-thriller web series Undekhi. The series was released on May 10, 2024, on the SonyLIV platform under a valid and exclusive license agreement with Culver Max Entertainment Pvt. Ltd. (formerly Sony Pictures Network India). Shortly after its release, the plaintiff discovered news reports that the series had been illegally leaked online. Its anti-piracy investigation revealed that websites including www.9xmovies.com.TW and others were offering the series for free download and streaming without permission. These websites provided no legitimate takedown mechanism and failed to respond to legal notices. Hence, the plaintiff approached the court for injunctive relief, including blocking of these websites and a dynamic mechanism to curb recurring infringement.
Issues Before the Court:
Whether the defendants had infringed the plaintiff’s copyright by unlawfully reproducing and distributing the web series Undekhi – Season 3 without authorization?
Whether the plaintiff was entitled to a summary judgment under Order XIII-A of the CPC due to the defendants’ failure to respond or contest the suit?
Whether a dynamic injunction could be granted to restrain recurring acts of piracy through mirror or redirect websites, and whether government authorities like DoT and MEITY could be directed to instruct ISPs to block access to such infringing platforms?
Arguments from both the parties
The plaintiff argued that it is the legal owner and copyright holder of Undekhi, which qualifies as a “cinematograph film” under Section 2(f) of the Copyright Act, 1957. It submitted that it had licensed exclusive exploitation rights to SonyLIV through a valid agreement and was entitled to protection from infringement. The defendants’ websites, according to the plaintiff, were engaged in large-scale piracy by unlawfully making the show available for download and streaming without authorization. These platforms generated traffic and revenue through advertisements and provided access without requiring users to register. Since the websites ignored legal takedown notices and concealed ownership details, the plaintiff argued that they should be declared “rogue websites” under the principles laid down in UTV Software v. 1337x. to. The plaintiff also cited Warner Bros. v. Tamilrockers and Disney Enterprises v. ML Ltd. to support its plea for a dynamic injunction that would allow action against future mirror sites without having to file new suits.
None of the defendants, including the website operators (defendants 1, 2, and 14 to 19), internet service providers (defendants 3 to 11), and government authorities (defendants 12 and 13), filed a written statement or entered appearance despite service. Consequently, they were proceeded against ex parte, and the plaintiff moved an application for summary judgment, arguing that there was no triable issue left in the matter.
Judgment of the Court:
Justice Amit Bansal, presiding over the case, held that the plaintiff had made out a clear and uncontested case of copyright infringement. The court accepted the plaintiff’s evidence as undisputed, noting that the defendants’ conduct, including non-response to legal notices and unauthorized streaming of the content, proved infringing intent. Citing factors from UTV Software, the court held that the defendants were indeed “rogue websites”—engaged primarily in facilitating copyright infringement, concealing their identities, ignoring takedown requests, and continuously resurfacing under new domain names. The court accepted the need for dynamic injunctions as previously recognized in UTV Software and Disney Enterprises, given the technical agility of piracy networks. Therefore, the court concluded that a regular injunction would be ineffective in isolation, and dynamic relief was necessary.
The court granted a summary judgment in favor of Applause Entertainment, issuing a permanent injunction restraining the rogue websites (defendants 1, 2, and 14 to 19) from further infringing the copyright in Undekhi – Season 3. A dynamic injunction was also passed, permitting the plaintiff to implead any mirror or alphanumeric versions of these websites by filing appropriate applications before the court. Further, the Department of Telecommunications and MEITY were directed to issue notifications to ISPs and telecom service providers to block access to all infringing websites identified in the suit. All remaining applications were disposed of, and the date fixed for further hearing was cancelled as the matter was fully decided.