Delhi HC blocks 30 HBO piracy websites, copyright infringement ruling

• The Delhi High Court blocked 30 HBO piracy websites in a recent decision.
• The court's dynamic injunction mechanism requires ISPs and registrars to block mirror sites without turning them into adjudicators.
• The ruling comes at a time when copyright infringement is on the rise in India, with many websites resurfacing as mirrors or redirects after being blocked.

The court found that these websites bore all the hallmarks of 'flagrantly infringing online locations,' with masked registrant details and no traceable contact information available.

The Delhi High Court's recent decision to block 30 HBO piracy websites has significant implications for online content protection strategies. The court's dynamic injunction mechanism requires ISPs and registrars to block mirror sites without turning them into adjudicators, a development that may impact lawyers' and compliance officers' approaches to protecting their clients' intellectual property. This ruling comes at a time when copyright infringement is on the rise in India, with many websites resurfacing as mirrors or redirects after being blocked. The court's decision highlights the need for a more effective mechanism to tackle online piracy, one that balances the rights of content creators with the responsibilities of intermediaries.

The Delhi High Court granted an ad-interim injunction against 30 websites streaming or hosting HBO's copyrighted content. The court found that these websites bore all the hallmarks of 'flagrantly infringing online locations,' with masked registrant details and no traceable contact information available. The plaintiffs, including HBO, had argued that the defendants were carrying out copyright infringement on a large scale, sometimes even before official releases. The court agreed, noting that this was not a case of incidental infringement but one where the primary purpose of the websites appeared to be facilitating copyright infringement.

The Delhi High Court's decision is significant in light of its earlier ruling in UTV Software Communication Ltd. v. 1337X.To, which established that intermediaries cannot be conferred with discretion to block websites merely on the asking of a party. The court relied on Section 79 of the Information Technology Act, 2000, which provides safe harbour protections for intermediaries. In this case, the court struck a balance between protecting content creators' rights and ensuring that ISPs and registrars do not become adjudicators. It directed that where plaintiffs discover mirror or redirect websites, they may furnish an affidavit with supporting evidence to the concerned ISP or DNR, who must then technically verify whether the new website is indeed a mirror site.

Lawyers and compliance officers should watch for the Delhi High Court's new dynamic injunction mechanism, which requires ISPs and registrars to block mirror sites without turning them into adjudicators. This development may impact their clients' online content protection strategies.

Source: Original reporting via [Source]