In a recent order, the Delhi High Court has restrained Boomplay, a music streaming platform, from exploiting or using our client’s copyright content, without a proper license or authorization. In light of repeated infringements, the Court also directed Boomplay to deposit a Pro Tem amount of USD 30,000.

This order marks a notable departure from the typical orders issued against rogue websites. Unlike such platform, Boomplay claims that it hosts a mix of both authorized and unauthorized content. However, the same is disputed in the present matter.

Importantly, the Court relying on the detailed observations by the Learned Amicus Curiae held that Boomplay cannot be recognised as an “intermediary” under Section 2(1)(w) of the Information Technology Act, 2000, finding that Boomplay’s role with record labels and aggregators reflects active collaboration, and not passive facilitation.

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