Warner Bros. Enterprise Inc. vs. Otorrent.com & Ors.

Abstract

Warner Bros v Otorrent.com & Ors.: Copyright is a type of intellectual property that protects the works of the artists. It protects the legal right of the owner/creator of any artistic work like painting/sound or visual recording etc. It means that it has given the right to copy to those whom it has approved to reproduce the original work made by the owner. Copyright law gives the artist and creators the exclusive right to protect their works and products from duplication of their work. It gives a sense of relief and protection to the original work of the creators. The Delhi High Court in the case Warner Bros. Inc. vs. Otorrent.com & Ors., CS(COMM) 367/2019 & I.A. 9854/2019, 9856/2019, and
6469/2022 have been granted summary judgement in accordance with CPC Order XIIIA, which states as follows: The "Summary Judgement" rule, which is relevant to business lawsuits as defined by the business Courts Act, outlines the process by which the court may adjudicate a claim pertaining to any Commercial Dispute without recording oral testimony. According to Rule 2 of that document, an application for summary judgement may be submitted at any moment following service of the summons on the defendant and up until the framing of issues. In accordance with Rule 3, the court may grant summary judgement against a defendant or plaintiff on a claim if it determines that: (a) neither the plaintiff nor the defendant has a realistic chance of prevailing on the merits of the claim, as the case may be. (b) The defence should be dismissed without recording oral testimony if there are no additional compelling causes to do so. Followed by other Rules of the order which is enumerated in the Civil Procedure Code (Hereinafter referred as “CPC” for sake of brevity and convenience). As according to Rule 3 sub rule (a) which clearly state the grounds for seeking summary judgement is very much satisfied in the present case. The Honourable Court also issued an order allowing the plaintiff to include any resemble, redirect, or a numerical website that serves as an entry point to the websites of the defendants nos. 1–51 by submitting proper application in accordance with Order 1 Rule 10 of the CPC.