especially in order to claim damages and avail of other legal remedies in
accordance with law. If such an argument is accepted, in the current world
where most dissemination happens through online messaging services and
platforms, IP violations would go completely unchecked. This cannot be the
intention of law. The provisions of the IT Act and the Rules made therein have
to be construed harmoniously with the rights and remedies provided to the
copyright owners under the Copyright Act. Indian Courts are competent to
decide issues relating to infringement of copyright and the mere fact that
Telegram is operating a messaging service in India which chooses not to
locate its servers in India cannot divest the Indian Courts from dealing with
copyright disputes or divest copyright owners from availing their remedies in
Indian Courts. In the present age of cloud computing and diminishing
national boundaries in data storage, conventional concepts of territoriality
cannot be strictly applied. The dynamic evolution of law is essential to ensure
appropriate remedies in case of violation of copyright and other IP laws.
47.
In the facts and circumstances of the present case, Telegram-Defendant
No.1 is directed to disclose the details of the channels/devices used in
disseminating the infringing content, mobile numbers, IP addresses, email
addresses, etc., used to upload the infringing material and communicate the
same, as per the list of channels filed along with the present application. If
there are any further list of infringing channels, the same be also submitted to
Telegram within one week. The data relating to the infringing channels and
the details as to the devices/servers/networks on which they are created, their
creators, operators including any phone numbers, IP addresses, email
addresses, used for this purpose shall be disclosed by Telegram within a
period of two weeks thereafter. The said information shall at this stage be filed
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 50 of 51
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents