Google India filed a Chamber Summons seeking deletion as a defendant in a copyright infringement suit. The court accepted that Google India is legally distinct from YouTube LLC and granted the prayer to remove it as a defendant.
Deleted Google India Pvt. Ltd. as a Defendant to the Suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
250 CHS-874-2015.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.874 OF 2015
IN
SUIT NO.145 OF 2015
Google India Pvt. Ltd....Applicant
In the matter between
Rajiv Ramlabhaya Suri...Plaintiff
Versus
Mr. Pinakin Rajendra Thakkar & Ors....Defendants
Mr. Ajit Anekar, with Mr. Thomas James forthe Plaintiff.
Ms. Simeen Shaikhwith Ms. Rashoni Patil i/b. M/s. S.K. Srivastava
& Co. for Defendants Nos.1 & 2.
Mr. Cyrus Ardeshir, with Lard J., with S.M. Algaus i/b. M/s. M
Mulla & Associates for Defendant No.6.
CORAM:G.S. PATEL, J.
DATED:31st March 2016
P.C.
1.The Plaintiff alleges that his copyright in the Hindi Feature
Film named “PARWANA” has been infringed by making this film
available inter alia on the Internet. Defendant No.6 to the Suit is
Google India Pvt. Ltd. and it has filed this Chamber Summons
seeking an order that it be deleted as a Defendant to the Suit.
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250 CHS-874-2015.DOC
2.Mr. Ardeshir for Google India points out that the allegations
in the Plaint relate to uploading of copyright-protected material to
YouTube, a service or web property of YouTube LLC, a wholly
owned subsidiary of the US corporate entity, Google Inc.
3.Google India Pvt. Ltd. is another wholly owned subsidiary
company of Google Inc., but Google India has absolutely nothing to
do with YouTube LLC, except that they are, so to speak, siblings of
one parent. Just because Google India is in closer physical
proximity is no reason to join it as a party Defendant to the Suit.
4.The Chamber Summons is made absolute in terms of prayer
clauses (a) and (b). Amendment to be carried out, without need of
re-verification, on or before 7th April 2016.
5. To enable Mr. Anekar to take instructions as the current status of the uploaded material, stand over to 11th April 2016.
(G. S. PATEL, J.)
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1 issue framed by the court
Whether Google India Pvt. Ltd. should be joined as a defendant in a suit for copyright infringement alleging upload of copyrighted material to YouTube.
1 provisions across 1 enactments
Google India Pvt. Ltd.
Rajiv Ramlabhaya Suri
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court