Delhi High Court Orders WhatsApp to Deactivate Users’ Numbers Over Copyright Infringement
Anurag keshrwani
In a significant legal development, the Delhi High Court has issued an order compelling WhatsApp to deactivate the mobile numbers of two users accused of copyright infringement. The infringement pertains to the unauthorized distribution of study material uploaded by the digital platform Apna College, marking a crucial victory for intellectual property rights. [Jainemo Private Limited v. Rahul Shah And Others]
Justice Prathiba M Singh, presiding over the case, found substantial evidence of copyright infringement and ordered the immediate deactivation of the two users’ numbers. This decision was made despite WhatsApp’s reservations, which contended that the users should be given an opportunity to present their case before facing deactivation.
The Court justified its decision by highlighting the potential harm caused to the plaintiff, emphasizing that failure to block the defendants from disseminating copyrighted material would result in significant monetary losses, subscriber attrition, and damage to the plaintiff’s reputation.
In addition to the deactivation of the users’ numbers, the Court ordered the dissolution of the specific WhatsApp group involved in the infringement and issued a summons to the group’s administrator. The Court also expressed concern over the ease with which academic course material can be copied and reproduced.
Beyond WhatsApp, the Delhi High Court issued orders to other digital platforms as well. It directed Telegram to block channels sharing infringing content and to disclose their details for inclusion in the legal proceedings. Furthermore, Google was instructed to remove a YouTube channel that was sharing copyrighted works belonging to Apna College. The Court also directed domain name registrars to lock and suspend three websites and provide their details.
WhatsApp had initially opposed the plea to deactivate the numbers, asserting that while action could be taken against WhatsApp groups sharing such content, deactivating numbers would impact users’ private communications. WhatsApp argued that the accused individuals should be given an opportunity to present their case before facing such severe consequences.
In contrast, Telegram agreed to provide information on infringing channels, stipulating that this data should be exclusively used for legal proceedings and not for any other purpose.
This legal action stemmed from a suit filed by Jainemo Private Limited, which operates under the name Apna College, offering educational materials and vocational courses in coding, computer programming, and website development. The company alleged that various unknown individuals or entities were disseminating its content on platforms like WhatsApp, Telegram, and YouTube, even collecting fees from students for access. Apna College argued that its videos were protected under the Copyright Act.
Justice Singh, after reviewing the evidence, noted that numerous groups and channels on these platforms had hundreds of subscribers, establishing a case for injunctive relief. The Court recognized Apna College’s ownership of the course material as “literary works” and the videos as “cinematographic films” under the Copyright Act, affirming that unauthorized distribution or communication, in any form, amounted to copyright infringement.
Consequently, the Delhi High Court restrained a total of 18 defendants from downloading, uploading, storing, sharing, transmitting, selling, offering for sale, or utilizing any of the course material belonging to Apna College.
The case is set to be heard next in March 2024, marking a significant victory for intellectual property rights and copyright protection in India. Legal representatives for Apna College, Telegram, WhatsApp, and Google played pivotal roles in this complex legal battle.
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