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
