means.” It is thus clear that the devices of the channel operators, which are
permitting and enabling such dissemination and communication, would
constitute “plates” within Section 2(t) of the Act and they would constitute
“duplicating equipment”. Therefore, both civil and criminal Courts in India
would always be vested with jurisdiction to adequately deal with
dissemination of infringing material through such devices and merely because
the messaging service has its server located abroad, the same cannot result in
the infringer escaping from the consequences of infringement. All contentions
to the contrary would be untenable.
Right to Claim Damages:
40.
Moreover, apart from an injunction, one of the most significant
remedies that an IP owner or a copyright owner is vested with, is the right to
claim damages. Such damages, especially in cases of infringers who are
earning large sums to the detriment and at the cost of the copyright owner,
acts as a deterrent against further infringement. If infringers are permitted to
mask their identity through technological means provided by messaging apps,
and their identity is not directed to be disclosed, the remedy of damages
against infringement would be rendered completely nugatory. Under Section
55 of the Copyright Act, the owner has a right to seek damages as also
accounts of profits. Accordingly, the grant of injunction per se in the absence
of commensurate damages or monetary deterrents, would be a toothless relief.
Such orders do not constrain the infringers from simply creating new
infringing channels and even profit off of their infringement, till the time the
plaintiff is able to seek an injunction for every new channel. As discussed
above, the broadly worded provisions of the Copyright Act indicate a
conscious legislative mandate to eliminate undue and continuous harassment
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 28 of 51
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