The latest development in the ongoing tussle between Khatabook and Dukaan, close to 300 videos on Dukaan with around 4.5 Mn views have been removed from YouTube on the basis of a Karnataka High Court order.
Commenting on the issue, Siddharth Mahajan, Partner at Athena Legal, highlighted that the court has ordered an interim restraint, which implies that the court has found merit in the claim that the app infringes copyright. Although the same has to be finally established. So the company must have written to Youtube, saying that this video is based on an infringing product, so any promotion of that product will also promote infringement.
He added that since the takedown notice was based on an interim order issued by the Karnataka High Court if the final verdict is different from the interim order or the court makes any modifications to the interim order in the future. After this, Youtube will have to restore the video at the request of the content creator.
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