SAREGAMA INDIA LTD Vs. DISHNET WIRELESS LTD

JUDGEMENT

(1.) The application [G.A. No. 1360 of 2012] is disposed of. Hence, let it be deleted from the list. One is an application for interim reliefs. The other is an application by the seventh defendant for dismissal of the suit and for vacation of the interim order.

(2.) The case before the court today is very short. Mr. Bachawat, learned counsel appearing for the seventh defendant has convinced me that his client is a mere transmitter of electronic signals. They have no control over the material being transmitted, in any real sense. They do not have any hand in the preparation of materials, which are posted on the website or their posting on the website. This is done by the owner of the website. There is a very complex network through which an individual computer with internet service, can access a website. The said defendant is only a transmitter of signals for a particular part of the network.

(3.) The case of the plaintiffs is that without any licence, their songs are posted and played on the websites described in Annexure-F to the interim application. These are described as "infringing materials".