In the case of Star India Pvt. Ltd. & Anr. V. Pikashow Application and Ors., the Delhi High Court ordered the blocking of the mobile streaming application Pikashow in the case of copyright infringement alleged by one of India’s leading entertainment companies.
In the present case, Star India Pvt. Ltd. and Novi Digital Entertainment Pvt. Ltd. (“Plaintiffs”) had filed a suit seeking a permanent injunction and reliefs for the rendition of accounts, damages etc., from the mobile streaming application. The Plaintiffs contested that the app Pikashow was illegally allowing piracy of well-known content on OTT platforms by permitting streamers to access copyrighted content freely on the Internet.
Aggrieved by the blatant piracy, the plaint stated that the app could be downloaded only from Telegram and not from established app stores like the Google Play Store or iTunes. This was proof of its circumvention tactics to provide copyrighted content free of charge. It was also stated that the app had already received over 500 complaints and cease-and-desist letters regarding the app and its domain. The Plaintiff also contended that despite the court issuing blocking orders, newer URLs that are privacy protected and do not provide details about the registrants were created to disseminate infringing content.
The Court held that the Plaintiff made out a prima facie case depicting the rogue nature of the apps that beckoned the Court to grant an interim injunction to prevent the streaming of infringing content. Further, the Court held that the balance of convenience was in the Plaintiff’s favour owing to the loss they would suffer if the Defendants were not injuncted.
The Court granted an interim injunction restraining the Pikshow app and its owners/operators from making it available through any domain names or websites mentioned in the plaint. The app was also restrained from being broadcast, accessed, or downloaded.
The Court asked GitHub India to disclose details regarding the name of individuals and entities, their email addresses, phone numbers and bank account details within one week. The Court also directed the Department of Telecommunications and the Ministry of Electronics and Information Technology to issue blocking orders against the Pikashow app along with its source domains.