Delhi HC Restrains Over 100 ‘Rogue’ Websites From Streaming Sony Pictures’ Spider-Man: Across The Spider-Verse

The Court agreed that as per the facts mentioned, the petitioner’s copyrights were in the process of being infringed and violated by Defendants 1 to 101. “Having perused the judgment in UTV Software Communication Ltd.1, this Court also finds that, prima facie, the websites at serial Nos. 1 to 101 qualify as “rogue websites” as defined in the said decision”, a bench of Justice C. Hari Shankar observed.

Advocate Saikrishna Rajagopal appeared for the petitioner.

In the pertinent matter, an application was filed by the plaintiff-Sony Pictures Animation Inc. under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908(CPC), seeking interlocutory injunctive reliefs.

As per the averments made in the plaint, it was alleged that “SpiderMan: Across The Spider-Verse” is available for viewing on various websites – which are characterized in the suit as rogue websites – though the plaintiff, as the copyright holder in the cinematograph film, has not licensed the right to broadcast or communicate, to the public, the said film to any other authorities/websites, except its own.

It was also pointed out that several of the impugned websites have also advertised “Spider-Man: Across The Spider-Verse”, which is supposedly the sequel of the film, “Spider-Man: Into The Spider-Verse”.

To characterize the impugned websites as rogue, the petitioner relied on a judgment in UTV Software Communication Ltd. v. 1337X.To (2019) 78 PTC 375. Therefore, sought a decree of permanent injunction restraining the defendant websites Nos. 1 to 101, as well as any mirror/redirect/alphanumeric website associated with them.

Furthermore, sought to restrain others acting on their behalf, from posting, streaming, distributing or making available to the public, the films “Spider-Man: Across The Spider-Verse” and “Spider-Man: Into The Spider-Verse”.

Additionally, a direction was also sought directing defendants 102 to 110, internet service providers (ISPs), to block access to the websites at serial nos. 1 to 101 of the array of parties in the suit.

Therefore, the Court while granting an ex-parte interim relief, restricted defendants 1 to 101, as well as all others acting on their behalf, from posting, streaming, reproducing, distributing or making available to the public, on their websites, or through the internet, in any manner whatsoever, any cinematograph work/content/program in which the plaintiff has copyright, including the films “Spider-Man: Across The Spider Verse” and “Spider-Man: Into The Spider-Verse”

The bench further directed defendants 102 to 110 to block access to the websites at S. Nos. 1 to 101

Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MEITY) were also directed to issue notice calling on all internet and telecom service providers to block access to the websites at Serial Nos. 1 to 101.

Accordingly, the bench issued summons in the suit and further listed it for July 31, 2023.

Cause Title: Sony Pictures Animation Inc. vs FLIXHD.CC/ & Ors.

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