Physical Address
304 North Cardinal St.
Dorchester Center, MA 02124
The Delhi High Court ordered Telegram to disclose in a sealed cover the details of the channels and devices used to spread the allegedly infringing content, along with the mobile numbers, IP addresses and email IDs of those users.
Rejecting Telegram’s argument that it cannot disclose user information as it would violate its privacy policy and the laws of the jurisdiction where its physical servers are located, Justice Prathiba M. Singh said that even under provisions of the IT Act such as according to § 79 paragraph 3 letter b) Telegram has an obligation to promptly remove or disable access to the illegal material without discrediting the evidence in any way.
The court was dealing with a suit filed by plaintiff Neetu Singh and K.D. Campus Pvt. Ltd seeking a permanent injunction restraining copyright infringement, damages and other relief in connection with the unauthorized distribution of plaintiffs’ videos, lectures, books, etc.
In a 51-page order dated August 30, the court said that Indian courts would be perfectly justified in ordering Telegram, which has its extensive operations in India, to comply with Indian law and its orders to disclose relevant information regarding infringers.
The court held that merely because of Telegram’s argument that it chose to locate its server in Singapore, the same cannot lead to a remedy against the actual infringers.
“. . . If such an argument is accepted, in today’s world where most dissemination is done through online messaging services and platforms, IP infringement would go completely unchecked,” the order said.
“The provisions of the IT Act and the rules contained therein must be interpreted in accordance with the rights and remedies provided to copyright owners under the Copyright Act. Indian courts have jurisdiction to decide issues relating to copyright infringement and the mere fact that Telegram operates a service messaging in India, which has chosen not to locate its servers in India, cannot deprive Indian courts of resolution of copyright disputes or deprive copyright owners of their remedies in Indian courts.
“In today’s era of cloud computing and shrinking national borders in data storage, conventional concepts of territoriality cannot be strictly applied. Dynamic legal developments are essential to ensure appropriate remedies for infringement of copyright and other intellectual property laws,” read.
