Copyright

Narrow John Doe For Dishoom: New Balance?


doe deer pair

Three days ago, we brought you breaking news of the fact that Justice Patel denied Eros’ request for a John Doe order for the movie “Dishoom”.

Eros took their shot again today (with a fresh request) and were  successful!

As I’d highlighted, the previous application was denied on the ground that the plaintiffs had not bothered to authenticate or verify any of the alleged links (some of which pertained to legitimate sellers of DVD’s and trailers of the forthcoming movie). Leading the judge to censure them thus:

“It is no longer possible for Plaintiffs to now come and expect to get sweeping orders just for the asking. I expect a far higher standard of care. I understand that the Plaintiffs are anxious to protect their copyright. As against that, there are other public law rights of wider import that Courts must protect. I have very little doubt as to which is the more important.”

The judge however left them the option of returning to the court with a fresh application that was better researched, duly verified and authenticated:

“Once they have properly verified the material (and by this, I mean an actual check, not a hypothesis or an extrapolation), and once that revised link is suitably attested to, the Plaintiffs may renew their application.”

This they did apparently today. Leading Justice Patel to order in open court that only the specific links listed out in the authenticated affidavit (around 100 or so of them) be blocked by the various ISP’s who were arraigned as defendants.

We are also given to understand that the order categorically compels the ISP’s to clearly mention on the blocked page/URL as to why they are so blocking. As also to list out all details of the case and order pursuant to which they are so blocking.

If true, more power to Patel J! For strengthening the jurisprudence around John Doe’s and rendering it more fair and balanced. Tis a new balance in the offing!

We’ll bring you more details once the order is out (expected to be uploaded on the court website tomorrow). And meanwhile, even as Dishoom gets a Doe this time around, the mystery remains: who killed the Deer?

ps: image from here

Shamnad Basheer

Shamnad Basheer

Prof (Dr) Shamnad Basheer founded SpicyIP in 2005. He is currently the Honorary Research Chair of IP Law at Nirma University and a visiting professor of law at the National Law School (NLS), Bangalore. He is also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof Amartya Sen. Professional History: After graduating from the NLS, Bangalore Professor Basheer joinedAnand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Prof Basheer has published widely and his articles have won awards, including those instituted by ATRIP and the Stanford Technology Law Review. He is consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also serves on several government committees.

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