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Abstract:
The judiciary have devised many ways to safe-guard the individual expression like copyrights and
other intellectual property rights, one of those many ways is a John Doe order. Every copyright
owner has faced the threat of piracy and in this modern era the threat of piracy is a nightmare for
copyright owners. Hence a John Doe order is like a life saver for them copyright owners as it aims
to protect copyright owners from infringement by both known and unknown offenders, in a timely
manner. India borrowed the idea of John Doe order from international jurisdictions (e.g. US,
English, Canadian and Australian courts). An order by John Doe shall mean an injunction against
an individual or persons whose identity is unknown when the order was issued. John Doe
originated from the regime King Edward III of England when those orders applied to non-
identifiable defendants. This article talks about the case of Dishoom movie where the court denied
from giving a John Doe order to the plaintiffs as the grounds for such demand of such were
unreasonable.
Keywords:
Order 39, CPC ~ Injunctions ~ Interim relief ~ John Doe ~ Intellectual Property Rights ~ Prima
Facie
Introduction:
Illegal copying and downloading of copyrighted work over the Internet has been a custom for
people for pretty some time now and they do not see anything erroneous with such accessibility,
therefore, making internet piracy all the more rampant. Both national and internatio na l
organizations have been determined to curb this hazard; however its persistence is inevitable.
‘John Doe Order’ is one such weapon developed by judicial systems of countries to detriment the
potential infringers of copyright and creates a robust intellectual property infrastructure. John Doe
Orders are nothing but a mechanism to protect the exclusive right of the copyright holder. The
underlying aim behind grating John Doe Orders is to stop the defendant from committing piracy
thereby suggesting a relationship between piracy and John Doe Orders. Thus, considering this
inexorable relationship between piracy and John Doe Orders, it can be asserted that the curtailme nt
of piracy would eliminate or diminish the need for granting John Doe Orders. Therefore, in order
to safeguard the interest of innocent websites, it is imperative to protect the work of producers.
Prime facie John Doe orders can safely be regarded as an ingenious and judicious approach to
copyright protection. It serves the rights of copyright owners and alleged infringers as it functio ns
as a protection that provides the former with a precautionary and expeditious solution that can only
be implemented against the latter when infringing actions are finally committed and the offender
has established the respective John Does. It is necessary for copyright owners not to stay under
'wait and watch game' but rather to help avoid delays in the indeterminacy and anonymity of the
violators and attempt to secure their rights in time.
The jurisprudence of John Doe in India is still taken into account in its evolving process in which
the Indian judiciary and political system make a deliberate effort to update and improve their
3 CS(OS) No 2315/2016
the Plaintiff again re-filed the application on the same issue. The same resulted in the Hon'ble High
Court of Bombay passing an order which allowed blocking of certain 100 web-links listed out (by
the ISP’s marked as defendants in the authenticated affidavit). It was also ordered that the ISP’s to
block access for 21 days, barring the future extension. The blocked page/URLs were asked clearly
mention as to why they were blocked and also to list out details of the case and order pursuant to
which they were being blocked.
Conclusion:
Over the years John Doe orders played a crucial role in protection of copyrights and other
intangible rights. However, in this case the court refused to pass a John Doe order as the plaintif fs
were merely anxious about their copyright and the court just cannot grant orders of blocking
several websites because the plaintiffs are paranoid that their copyright may get infringed. The
plaintiffs cited few websites and prayed before the court for blocking them as they believed that
those websites contain unauthorised clips of their movie and other illicit content which may
infringe their copyright. All these allegations were made without an authentic evidence which in
turn were unsatisfactory for the court. Further, the court held that they cannot block these websites
just because the plaintiffs suspect or apprehend something; and granting a John Doe order on these
grounds will infringe the rights of the public at large.
References:
Books-
Civil Procedure by C.K. Takwani, Eastern Book Company.
Code of Civil Procedure by Dr. Ashok Jain, Ascent Publications.
Websites-
https://www.mondaq.com/india/broadcasting- film-tv-radio/607546/dealing-with-john-doe-
orders-in-india
https://blog.ipleaders.in/john-doe-orders/
https://rmlnlulawreview.com/2017/10/25/john-doe-orders-in- indian-context/