instructions in respect of the following:
―(i) Whether the identity of a person uploading the
video is shown on YouTube at the beginning or end of
the video and if not —for what reason?
(a) Can any video which is uploaded on YouTube be
edited by YouTube?‖
On 5th April, 2019, in view of the technical submissions made, the parties
were directed to keep one technically qualified person to be present in Court
during the arguments. On 28th, May, 2019, ld. Counsel appearing for
Defendant No. 2- Google Inc. was also directed to clarify as to in what
manner geo-blocking is effected on the YouTube platform.
5.
Pursuant to the orders passed by the Court, some written notes have
been placed on record by Facebook, Google LLC and Twitter in respect of
geo-blocking. The note filed by Facebook was referred to during oral
submissions. The remaining defendants have however filed the same only
along with their written submissions and no reference was made during
arguments to the same. For the sake of completeness, the same are however
being considered.
6.
None of the Defendants have any objection to blocking the URLs and
disabling the same, insofar as access in India is concerned. However, all the
Defendant platforms have raised objections to removal/blocking/disabling
the impugned content on a global basis. On the other hand, the Plaintiffs
argued that blocking merely for the Indian territory alone is not sufficient as
the content would be accessible through international websites, which can be
accessed in India. Thus, according to the Plaintiffs, for the remedy to be
effective, a global blocking order ought to be passed.
7.
It is on the question or whether geo-blocking is sufficient, under these
CS (OS) 27/2019
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