Another “John Doe” order; Delhi HC restrains illegal communication, copying, exhibition of Dhoom 3

The Delhi High Court (HC) yesterday directed multiple Internet Service Providers (ISPs) to block websites showing the movie “Dhoom 3” and also restrained cable operators from illegally “communicating or distributing” the movie..The direction was given by Justice ML Mehta in a petition by Yash Raj Films (petitoner) seeking injunction against illegal copying, distribution and communication of the movie by cable operators or by others through the internet..The petitioner had contended that the contents of its film “Dhoom 3” were being copied, telecasted distributed, transmitted and communicated through the medium of cable networks and internet websites without its authorisation. Besides seeking an injunction against these Cable Operators and ISPs who were arrayed in the petition, the petitioner had also sought a “John Doe Order” against unknown defendants..Advocate Jayant Mehta had appeared for the petitioner..Advocate Pratibha M Singh representing one of the defendants Bharti Airtel Limited conceded that “on being informed by the plaintiff in writing about particulars of website hosting/ infringing content, it shall, within 48 hours, block such URLs.”.After hearing the parties, the Court granted an ad interim ex parte injunction,.“against defendants and other unnamed and undisclosed persons, their partners or proprietors……thereby restraining them from communicating or making available or distributing or duplicating or displaying or releasing or showing or uploading or downloading or exhibiting or playing and /or defraying the movie “Dhoom 3” in any manner without proper license from the plaintiff or in any manner which would violate/infringe plaintiff’s copyright.”.Speaking to Bar & Bench, Advocate Mehta said that the direction of the High Court would be applicable to all ISPs including those who were not arrayed as parties and the order would be in the nature of a “John Doe” order..A “John Doe” order is an ex parte injunction that operates against infringers who are identified after filing the suit. The issue of subjecting ISPs to “John Doe” orders and holding them responsible for the acts of users is a subject of debate. It is alleged that the fact that ISPs only play the role of a “dumping site” unlike cable operators, which can control the content, is often overlooked. In order to implement such orders, the ISPs usually block an entire website instead of the particular link, so that the unidentifed “John Does” can be roped in. .Read the full order below.