DELHI HIGH COURT:- Over 100 “rogue” websites have been forbidden by the Delhi High Court from illegally streaming the animated flicks “Spider-Man: Across the Spider-Verse” and “Spider-Man: Into the Spider-Verse” on their platforms.
A temporary injunction prohibiting more than 100 “rogue websites” from posting, streaming, or disseminating to the general public online the upcoming films Spider-Man: Across The Spider-Verse and its 2018 predecessor Spider-Man: Into The Spider-Verse has been issued by the Delhi High Court.
The court’s decision followed a complaint filed by Sony Pictures Animation Inc., which claimed to be the copyright owner of the upcoming film “Spider-Man: Across The Spider-Verse” and to have not granted any websites a license to broadcast it.
A request for interlocutory injunctive relief was made in the relevant case by the plaintiff, Sony Pictures Animation Inc., in accordance with Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908(CPC).
While the plaintiff, as the owner of the copyright to the cinematograph film, has not granted any other authorities or websites permission to broadcast or otherwise make the said film available to the public, it was asserted in the plaint that “SpiderMan:- Across The Spider-Verse” is accessible for viewing on numerous websites, which the lawsuit refers to as rogue websites.
It has also been stated by Sony before the court that the movie ‘Spider-Man: Into the Spider-Verse’ which is a sequel of the film Spider-Man: Into the Spider-Verse’, being slated to be released in India on June 2. As a result, it was also disclosed to the court overseeing the case that it had not granted any other website a broadcasting rights licence for the movie.
Sony has also argued in the action that the future film is already available for viewing on a number of websites, some of which have also marketed the film’s impending broadcast.
The attorney for Sony further argued before the court that the contested websites eminently meet the requirements established by the Delhi High Court in the case of UTV Software Communication Ltd. vs. 1337X. To for designating a website as a “rogue website.”
The court in the case stated that while restricting access to the website, the ISPs should also ban access to any mirror, redirect, or alphanumeric websites that might appear to be connected to them.
The court was informed that the animated movie, a follow-up to the popular 2018 feature “Spider-Man: Into the Spider-Verse,” was streamable on several websites in breach of its copyright and that a court order was requested to stop the streaming.
On June 1, theatres all throughout the nation will show “Spider-Man: Across The Spider-Verse.”
When giving notice of the request for temporary relief, Justice Shankar stated, “This Court further finds that, on the surface, the websites at serial Nos. 1 to 101 qualify as ‘rogue websites’ as defined in the said ruling. The plaintiff would therefore be qualified for ex-parte preliminary remedy. Send out a notice that must be returned by September 4, 2023, to the court.
Internet service providers were further ordered by the High Court to “block access” to the websites specified in the plea, “as well as any mirror/redirect/alphanumeric websites which appear to be associated with any of the said websites.”
The court also ordered the Ministry of Electronics and Information Technology and the Department of Telecommunications to issue a notice requesting that all internet and telecom service providers ban access to the websites specified in the lawsuit.
The Court agreed that, based on the mentioned circumstances, Defendants 1 to 101 were actively violating and infringing upon the petitioner’s copyrights. A bench of Justice C. Hari Shankar stated, “Having read the decision in UTV Software Communication Ltd.1, this Court also finds that, on the surface, the websites at serial Nos. 1 to 101 qualify as “rogue websites” as defined in the said decision.”
As a result, the bench issued summons in the case and decided a new date for trial—July 31, 2023.
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