Case Title: Warner Brothers Entertainment v. http.otorrents.com & Ors
Sonal Bhargava | Prabhat Bandhulya
The Delhi High Court has issued a permanent injunction in favour of Warner Brothers, prohibiting "rogue" torrent websites from distributing, broadcasting, transmitting, and streaming its property. Warner Bros. filed a lawsuit alleging that the defendant's websites were infringing on its copyright by unlawfully streaming and hosting its content. According to the company, the corporation hired an independent investigator to look into the scope of the rogue websites' infringing activity. It further informed the Court that the rogue websites had been served with a cease-and-desist notice, instructing them to cease their infringing activity. Despite the legal warning, it was argued that the rogue websites continued to infringe on the plaintiff's rights. Warner Bros. requested that the Court issue an order and decree of permanent injunction prohibiting Otorrents from hosting and streaming its content, an order directing ISPs to block access to Otorrents' website, and an order directing the Union Ministry of Electronics and Information Technology (MEITY) and other government departments to issue a notification directing various internet and telecom service providers registered under it to block a particular website. The Court allowed Warner Bros. to enjoin any mirror/redirect/alphanumeric websites that provide access to its content by filing appropriate applications supported by affidavits and evidence, citing its decision in UTV Software Communication Ltd. & Ors. v. 1337X.to & Ors., which established the law on dynamic injunctions. The Court also highlighted in its order that the MEITY and internet service providers were ordered to prohibit the domain name "Otorrents.com" and its URL https://otorrents.com in 2019. It was learned that ISPs had banned access to illegal websites as a result of a government department's report.