Internet Streaming Piracy Case-Law India.
1. Legal Framework: Internet Streaming Piracy in India
Internet streaming piracy involves the unauthorized online distribution or streaming of copyrighted content, such as movies, music, TV shows, and sports.
Key Legal Provisions
Copyright Act, 1957 (as amended)
Section 14: Exclusive rights of the copyright holder (including broadcasting and communication to the public).
Section 51: Civil remedies for infringement (damages, accounts of profits).
Section 63: Criminal liability for infringement.
Section 65A: Rights related to technological protection measures.
Information Technology Act, 2000
Section 66: Computer-related offenses.
Section 79: Safe harbour provisions for intermediaries, but they must act on “actual knowledge” to remove infringing content.
Judicial Principles
Courts examine public availability, unauthorized streaming, and access via websites or apps.
Streaming piracy includes live telecasts, video-on-demand, and downloads without consent.
2. Landmark Internet Streaming Piracy Cases in India
Case 1: Star India v. Nagraj & Ors (2012)
Background:
Star India, holder of cricket broadcasting rights, sued individuals running illegal online streaming of live cricket matches.
Issue:
Whether unauthorized streaming of live sports violated copyright and broadcasting rights.
Outcome:
Delhi High Court ruled in favor of Star India.
Injunction issued to block websites streaming matches.
Significance:
Established that live sports streaming falls under copyright protection.
Case 2: Super Cassettes Industries Ltd. (T-Series) v. MySpace & Ors (2008)
Background:
T-Series music was uploaded on MySpace India without authorization.
Issue:
Liability of intermediaries under IT Act and copyright infringement.
Outcome:
Court held that intermediaries are liable if they have knowledge of infringement.
Safe harbour under Section 79 applies only if they act promptly on notice.
Significance:
Clarified intermediary liability in online streaming piracy.
Case 3: Sony Pictures Network v. Tiger Media (2015)
Background:
Tiger Media ran a pirated IPTV streaming platform showing Sony channels.
Issue:
Unauthorized online broadcasting and public communication.
Outcome:
Delhi High Court issued temporary injunction and site-blocking orders.
Emphasized technological protection and access control.
Significance:
Set precedent for streaming piracy enforcement via injunctions and ISPs blocking.
Case 4: Zee Entertainment v. Eros Now & Ors (2017)
Background:
Zee Entertainment alleged piracy of television and movie content on OTT platforms.
Issue:
Copyright infringement via unauthorized streaming platforms.
Outcome:
Court ruled in favor of Zee Entertainment.
Platforms had to cease unauthorized streaming.
Significance:
Recognized streaming rights as exclusive intellectual property.
Case 5: Star India v. Hotstar/Illegal Streaming Apps (2018)
Background:
Unauthorized apps were streaming Star’s IPL matches in India.
Issue:
Whether apps hosted outside India can be restrained.
Outcome:
Delhi High Court and Bombay High Court issued blocking orders to ISPs and app stores.
Significance:
Confirmed that courts can order ISP-level blocking to curb piracy.
Case 6: Netflix v. Illicit Streaming Platforms (2020)
Background:
Netflix’s original content was illegally streamed via piracy websites.
Issue:
Unauthorized reproduction and communication to the public under Section 14 of Copyright Act.
Outcome:
Bombay High Court granted injunctions and takedown notices.
Significance:
Reinforced that OTT content providers have strong legal remedies against piracy.
Case 7: Disney+ Hotstar v. Internet Piracy Websites (2021)
Background:
Disney+ Hotstar sought action against websites streaming movies and live sports without authorization.
Issue:
Preventing streaming of premium content.
Outcome:
High Courts granted site-blocking orders, including proxy sites.
Significance:
Shows evolving enforcement mechanisms for digital streaming piracy.
Case 8: IPL Live Streaming Piracy Cases (2015–2020)
Background:
IPL matches were repeatedly pirated on unauthorized streaming websites.
Outcome:
Courts across India consistently blocked domains, held intermediaries liable, and allowed enforcement of broadcasting rights.
Significance:
Reinforced legal framework protecting live sports streaming.
3. Key Takeaways from Internet Streaming Piracy Cases in India
Exclusive rights extend to streaming:
Copyright owners can prevent online live or on-demand streaming.
Intermediary liability:
ISPs, app stores, and platforms may be liable if they do not act on actual knowledge.
Injunctions and blocking orders:
Courts frequently use temporary and permanent blocking orders against pirate websites.
Global reach:
Enforcement includes blocking access to foreign-hosted websites.
Technological measures matter:
Digital Rights Management (DRM) and geo-blocking can support legal enforcement.
OTT and sports content are most commonly litigated.
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