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Delhi High Court issues dynamic John Doe blocking order for Disney pirate sites

The Delhi High Court on Monday issued a dynamic John Doe blocking order for websites that Disney says are distributing their content illegally, India Legal reported. The court ordered ISPs to block websites like KissCartoon, KissAnime, and GoGoAnime, which have been showing Disney shows on their website. The single-judge bench of Rajiv Shakdhar ordered that although there had been a procedural error in not including the Union of India on top of the Department of Telecommunications and the Ministry of Electronics & Information Technology, that this was “an error of description and not intent”, and therefore proceeded with the order.

Interestingly, some of the websites at the URLs that Disney cited — like KissCartoon, 9kmovies and Movies123 — seem to either have a DMCA takedown page for copyright owners to get their content taken down, or say that they do not host any content and fetch videos from third-party servers. We have reached out to Disney and Saikrishna & Associates, the legal firm representing the company, to find out if they tried filing DMCA takedown notices on these sites, or going after the servers actually hosting the content first.

Dynamic blocking orders

Last April, the Delhi High Court was the first in the country to order a dynamic court order blocking URLs, as well as any mirror websites that attempt to let users get around website blocking. Saikrishna & Associates also represented the plaintiff in that case, UTV Software Communications, a subsidiary of Disney. That order, like the one issued on Monday, allowed the plaintiffs to return to the court and submit mirror website URLs to the court for further blocking orders to be issued to ISPs. While Monday’s order does not detail the process to be followed in as much detail as the UTV one, a similar process is expected to be followed based on the Delhi High Court’s precedent.

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