Delhi High Court Orders Blocking Of 'PikaShow' App In India, Says 'Large Amount' Of Copyrighted Content Being Streamed Illegally
The Delhi High Court has ordered blocking of 'PikaShow' mobile application, observing that it is a "rogue app" which is intended "only to broadcast and stream illegal content."Passing interim injunction against the application and its owners, Justice Pratibha M Singh directed Department of Telecommunications and Ministry of Electronics and Information Technology to issue blocking orders...
The Delhi High Court has ordered blocking of 'PikaShow' mobile application, observing that it is a "rogue app" which is intended "only to broadcast and stream illegal content."
Passing interim injunction against the application and its owners, Justice Pratibha M Singh directed Department of Telecommunications and Ministry of Electronics and Information Technology to issue blocking orders against PikaShow app and all the domain names making it available, to ensure that it is blocked by all internet service providers (ISPs) across the country.
The direction was passed in a suit filed by Star India Private Limited and Novi Digital Entertainment Private Limited seeking a permanent injunction against the mobile application PikaShow, alleging that it was hosting infringing content over which they have exclusive rights and copyright.
The plaintiffs' own the OTT Platform Disney+Hotstar.
It is their case that their content is illegally being made available through the application, which provides free content of all well-known OTT platforms.
According to the plaint, PikaShow application is a standalone app which is "brazenly engaged in piracy of exclusive content belonging to various copyright owners."
Justice Singh noted that directions were passed earlier also in a similar case against streaming of infringing content by rogue apps and URLs with similar names to the PIKASHOW app.
"Despite such blocking orders, similar content is being made available through this App and new URLs are being created and made accessible using circumvention measures. This clearly demonstrates the Plaintiffs' case that if one URL is blocked, further URLs are created to make the App available and thus it has become difficult to ensure that the infringing content is restrained," said the court.
The court also said that the source domains are privacy protected and there are no details whatsoever as to who their registrants are.
"In fact, the instructions which are contained in the App leave no matter of doubt that the App is conscious of the fact that it is primarily streaming infringing content," said the bench, adding that the defendants are unabashedly and brazenly making available a large amount of copyrighted content including that of the Plaintiffs.
Observing that blocking of URLs themselves may not be sufficient to stop the streaming of infringing content, the court said:
"The large volume of infringing content coupled with the manner in which the App is sought to be made accessible and downloadable by users by using various deceptive methods, leaves no manner of doubt in the mind of the Court that the intention of the owners/operators of this App is to clearly subvert any technological measures that may be there on established platforms, to ensure that infringing content can continue to be streamed."
The court thus passed an order of interim injunction restraining the application and its owners from making available the same through any of the domain names or websites.
"The PIKASHOW App shall stand restrained from being broadcasted or being accessed in any manner whatsoever including through source domains and websites mentioned above," the court ordered further.
The court added that the injunction shall operate against any further domains which permit the application to be downloaded or which host the same.
"Details of such domains, if created in the future, shall be placed on record by way of an affidavit by the Plaintiffs, upon which, the injunction order restraining broadcast and telecast of any content belonging to the Plaintiffs shall operate against the said source domains and websites as well," the court said.
Justice Singh however clarified that if the application has any non-infringing content, its owners or operators will be permitted to move an application seeking modification of the order.
The matter will now be heard on January 25, 2023.
Title: STAR INDIA PVT LTD AND ANR v. PIKASHOW APPLICATION AND ORS
Citation: 2022 LiveLaw (Del) 1087