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Hollywood's latest ban on blocking pirated websites covers "Future content"

Information communication industry, Emerging digital industry

2023-09-26

Ying Netflix, Disney, Warner Bros. and other Hollywood studios, The Delhi High Court has approved a new type of blocking order for piracy websites. This novel "Dynamic state＋prohibition" Ask your Internet service provider to block access "indestructible" Pirate website, And covers copyrighted content that does not yet exist.

Like many other countries in the world, India's copyright law allows rights holders to restrict access to piracy websites.

This legal tool is widely used by the major Hollywood studios. These companies often get injunctions, Ask local Internet service providers to block websites to prevent piracy.

Over the years, The nature of these court orders has changed. The initial steps are simple, Because they specify which domains should be blocked. afterwards, These measures evolved into "Dynamic state" Version of, Allows copyright owners to add new domain names and proxy servers at any time.

For dealing with persistent piracy sites, These dynamic commands are reasonable. These sites are often listed "Hard to kill" A problem of. When a domain name is blocked, Many other domains will take their place.

Pre-emptive blocking and registrar action

Nor have Indian courts stopped at dynamic blocking orders. In some cases, Internet service providers were instructed to block some websites, Because they may offer infringing works in the future.

Such as, There was. . . last year 40 An Internet service provider was ordered to block a total 13445 a "pirate" WEBSITE, The sites are expected to spread Hindi movies "Vertigo (Vikram Vedha) " bootleg. And a few months ago, in "Spider-Man" Before the show, A similar order was used to block pirated copies of the film.

Blocking bans no longer apply only to Internet service providers. Domain name registrars have also been added, include GoDaddy, Namecheap and Tucows American company. If these service providers don't take action, The Indian government will step in.

Dynamic state＋Action covers non-existing works

The nature of these prohibitions is constantly changing, Delhi High Court Judge Pratibha．Singer (Pratibha M Singh) A recent order adds another novel element to the mix.

The litigation case involved was brought by Warner Bros, Columbia Pictures, Netflix Movies, Paramount and Disney brought it up. The entertainment companies asked Internet service providers and domain registrars to block or ban them 16 A pirate website, include DotMovies, Tamilvip, KissAsian, PopMovies and 9xFlix.

The Delhi High Court granted the request, It's not surprising. however, The command also adds a new element. In addition to being applicable to current movies and series, It also covers content that does not currently exist.

The order reads: "To keep pace with the dynamic nature of piracy by hard-to-stamp piracy sites, This court finds this issued 'Dynamic state＋prohibition' Be appropriate, To protect copyrighted works as soon as they are created. "

The court noted that, This will help prevent irreparable losses, "Because once you create a new movie or series, These works can then be uploaded to rogue websites or newer versions of them" .

The order added: "Copyright in future works is effective as soon as the work is created, Plaintiffs may not be able to ask the court for an injunction for every movie or series produced in the future that would ensure a ban on piracy. "

Questions and doubts

The dynamic ban was originally issued as an exception, But some legal scholars wonder if these bans are becoming the new normal. Indian Law blog SpicyIP There have been several articles on the subject, This latest order was also discussed.

According to law student Reva．Satish．Mahia (Reva Satish Makhija) Argument of, One of the concerns is that ownership of new content is automatically assumed. This means before the other party disputes the claim, The resource is blocked.

Mr. Mashia wrote: "The Delhi High Court sought to ensure that the plaintiff's rights were protected from those of the defendant, The infringement of an expected tort, The attempt is well-intentioned, But more consideration is still needed in the context of its effect of balancing the interests of all parties. "

It is unclear whether the new expansion will have an immediate, widespread impact. Although it may be useful to block new sites that only offer new content, But the current ban seems to have been very effective.

Perhaps the Delhi High Court is trying to set up its own "Websites that are hard to kill" Prohibition plan? If an order is invalid, It could simply issue new bans, To ensure that piracy sites are dealt with appropriately. (Be compiled from torrentfreak. com)

TRANSLATORS: Wang Dan　proofread: Rason group

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