IN THE COURT OF HONBLE HIGH COURT OF DELHI, NEW DELHI.

(Ordinary Original Civil Jurisdiction) CS (OS) No. 676 of 2012

BLUEBERRY BOOKS & ORS

PLAINTIFF

V/s

AMAZON.COM, INC.

DEFENDANT

WRITTEN STATEMENT

The defendant no. 10 most respectfully submits his written statement, to the suit filed by the plaintiff, as follows:-

PRELEMINARY OBJECTIONS Most Respectfully sheweth:

1. That the present petition filed by the petitioner is liable to be rejected on the ground that the petitioner filed the same with motive and malafide intention just to harass the defendant. 2. At the outset, the defendant denies every allegations, submission and/or contention taken in the plaint filed by the Plaintiff. None of the contents of the Plaint is deemed to be admitted. 3. That the present suit suffers from multifariousness in as much as Defendant No. 11 has been improperly impleaded as a party to the suit by the Plaintiff even though it has no joint interest with other Defendants in the suit and that it is completely unconnected with the cause of action. 4. That the Defendant No. 2, categorically stating that it is an unnecessary party to the suit, emphatically questions the improper joining of Defendant No. 2 as a party to the suit by the Plaintiff and vehemently opposes the suit against him for this reason of misjoinder of parties. 5. That the present petition filed by the petitioner is liable to be rejected on that no cause of action ever arose against the defendant for filing the petition. 6. That the suit is not maintainable 7. That the suit is barred by the principles of waiver, estoppels, acquiescence. 8. That the present petition filed by the petitioner is liable to be rejected on the ground that the defendant no. 10 were acting as an intermediary and carrying out its

business without any malafide intentions, the present defendant took reasonable care of not to infringe anyones exclusive copyright.

REPLY PARA WISE ON MERITS:

1. That the contents of Para 1 of the plaint are a matter of record, needs no reply. 2. That the contents of Para 2 of the plaint are a matter of record, needs no reply. 3. That the contents of Para 3 of the plaint are a matter of record, needs no reply. 4. That the contents of Para 4 of the plaint are a matter of record, needs no reply. 5. That the contents of Para 5 of the plaint are a matter of record, needs no reply.

6. As regards Para 6, 7 of the Plaint: The plaintiff have contended that the defendant have been providing the application on their websites in different platforms, it has been also be alleged that the defendant never approached plaintiff for the license or permission for the use of the plaintiff stories. The defendant hereby denied all the above said allegation, the defendant carrying out the business through its website www.amazon.com have already struck down the said application from its websites and the defendant is not liable for the defendant no.11 acts. As the defendant was in the knowledge that the defendant no.11 was the creator of the application hence no such approval and license was required to take from the plaintiff. 7. As regards Para 8 of the Plaint : The defendant hereby denied the allegation, the defendant was acting as an intermediary, according to the section 79 of the

Information & Technology Act 2000, the defendant is not liable for defendant no. 11 acts, the Act states that the intermediary is not liable for the third party information. The defendant also were in the impression that the defendant no. 11 was the owner of the application, therefore there was no need of acknowledging the plaintiff.
8. That the contents of Para 9, 10, 11 of the plaint are a matter of record, needs no reply.

9. Para 12, 13, 14, 15, 16, 17 doesnt concern the present defendant no.10, needs no reply. 10. As regards Para 18 of the Plaint: The defendant hereby denied the allegation made in the given Para, the defendants have already stuck down the application from their website. 11. Para 19 doesnt concern the present the defendant no.10, needs no reply. 12. As regards Para 20,21,22,23 of the Plaint: The plaintiff have contended that the defendant have been infringing the copyright & earning huge sum of money through application and defendant are liable to pay huge damages including exemplary and punitive damage for deliberately infringing upon the copyright of the plaintiffs. The defendant hereby denied all the above said allegation made in the given paras, the defendant understands the value of Authors work and its rights and also promotes it, and the defendant has taken measure to deal with the matter of copyright infringement. The defendant have clearly mentioned under the terms of condition of the website that if the any material which already published on the defendants website is infringing the copyright of any other party, the aggrieved party can intimate the website and take action against the published material. The clause of the terms and conditions is available on

http://www.amazon.com/gp/help/customer/display.html/ref=footer_cou?ie=UTF8& nodeId=508088 states following terms: Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Amazon.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Amazon that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Amazon.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent Amazon.com Legal Department P.O. Box 81226 Seattle, WA 98108 Phone: (206) 266-4064 Fax: (206) 266-7010 E-mail: copyright@amazon.com Hence the defendant has not infringed the authors right and the present defendant is not liable for the defendant no. 11 acts. The defendant is merely working as intermediary and according to section 79 of Information & Technology Act, intermediary cannot be held liable for the third party information. The defendant

was in the impression that the defendant no. 11 was the author and the owner of the application; hence defendant cannot be liable for the defendant no.11 acts. REPLY TO PRAYER CLAUSE In view of the above submissions it is implicit that the relief sought by the plaintiff against present defendant is not maintainable. Prayer It is therefore humbly prayed that the suit of petitioner is barred by false, frivolous, vexatious, and based on concocted and baseless stories is liable to be dismissed with cost and present defendants name should be stuck out of the present suit.

IN THE COURT OF HONBLE HIGH COURT OF DELHI, NEW DELHI.

(Ordinary Original Civil Jurisdiction) CS (OS) No. 676 of 2012

BLUEBERRY BOOKS & ORS V/s AMAZON.COM, INC.

PLAINTIFF

DEFENDANT

AFFIDAVIT
I, (the partys representative), defendant no.10, having its office at (address), do hereby solemnly affirm and declare as under: 1. That (representative is the authority from defendant no.10). I am aware of facts and circumstances of the present case. I am authorized to swear and depose the present affidavit on behalf of plaintiff No.1 and on my behalf. 2. I have read the contents of the accompanying application and I say that the contents are true to my knowledge.

DEFENDANT

VERIFICATION: Verified at New Delhi on this (date), 2012 that the contents of the above affidavit are true to the best of my knowledge and belief. No part of it is false and nothing material has been concealed therefrom.