Abstract:
Given the current technologically driven world this paper analysis the increase of pirated websites which causes a serious concern regarding copyright infringement of the intellectual property (IP). The actions taken by the High court of Delhi in order to address the issue of such web addresses providing free access to copyrighted content without the necessary authorisations. In order to resolve the issue at hand the court has ordered a ‘dynamic+ injunction’ in cases where strict actions were required to be taken. Wherein the service providers are to block the URL’s (Uniform Resource Locator) of the particular websites mentioned under the order but after blocking the sites, its mirror sites are consistently getting generated. The court again has to authorised further blocking these mirror websites as well. This paper will explore dynamic injunction in detail, the challenges faced while protecting copyright and constant efforts taken by the courts to avoid infringements. Whether the measures taken by the Indian courts are sufficient to combat the issue of digital. Further analysing the sudden surge of users visiting the pirated website. What are the most probable consequences for doing so, with regard to both, the users of the websites and the copyright owner.
KEYWORDS: Piracy, copyright, unauthorised reproduction, block URL, websites, dynamic+ injunction,
Introduction:
The rapid spread of digital platforms has led to an increase in the number of websites that engage in digital piracy along with cyber threats and AI warfare. Such websites by providing access infringes the rights held by the owners and cause them financial loss,deprivation of credits and fair compensation. Digital piracy is the illegal reproduction of copyrighted digital material without the required authorization. It may be done of various content such as music, cinematography, electronic books, audio, software, games et cetrea.
Initially copyright was introduced with an idea to protect the creators and give them exclusive rights to do certain acts themselves or authorise a third party to enact certain acts with respect to their work. Prevent the unlawful infringement of certain rights by reproduction or exploitations by others. The utilitarian theory emphasized on the fact defining “when the creators benefit financially from their intellectual work it would create incentive towards innovation, creation etc. in the society”. But in the recent times duringthe significant spike when it comes to piracy, various studio giants are facing huge losses not just them but the production house, authors, editors, actors etc are bearing the brunt of heavyfiscal deficits. These pirated websites provide the intellectual work of the creators which have been copyrighted for free to the audiences, which is an infringement of copyright.This paper examines the sudden surge of piracy, the challenges faced, risks, the judicial measures taken toface these difficulties which is the courts attempts in order to prevent them. The paper will further analyse how the advancement in technology has affect the consumption of content and resulted in an increase in pirated content causing economic backlash. The ease of content sharing also made the availability of unauthorised content accessible to the consumers ordinary.While the content is available free, why would an ordinary person choose to pay for the same content (eg. Netflix,Amazon prime videos, Disney Hotstar etc). Luckily the Indian courts have recognised the problem regarding digital piracy and haveattempted to take measures in order to prevent it any further through the copyright amendments act 2012[1] and grating dymanic+ injunctions in the cases where its required. Digital piracy does not just affect the intellectual property holder’s industry but also poses various risks to the consumers of such content making them the subject of cyberattacks.
[1]The Copyright (amendment) Act, 2012 (Act No 27 of 2012)https://copyright.gov.in/Documents/Notification/Copyright_Amendment_2012.pdf
Accessed 5th February 2026.