Intermediaries rejoice after key appeal win by Myspace

By Daksh Kumar, LexOrbis
0
2053
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

Freedom of speech and expression over the internet influence the entire online community, professionally and personally, in varying degrees. In India, the statutory framework on these issues has been inept and judicial precedent to shed light on the complex legal and technical issues involved has been lacking.

Daksh_Kumar at LexOrbis
Daksh Kumar
Managing associate
LexOrbis

The debate of online free speech and expression versus private censorship has been raging for nearly a decade in India and during its course the Copyright Act, 1957 (CA), the Information Technology Act, 2000 (IT Act), and the Information Technology (Intermediaries Guidelines) Rules, 2011, have been amended. The amendments have ensured specific clarification of terms and concepts such as “intermediary”, “primary and secondary copyright infringement”, “actual knowledge”, “due diligence”, “notice and take down” and “safe harbour”, to achieve a balance between safeguarding of rights and interests and effective law enforcement.

The debate dates back to a dispute in 2008 between Myspace – an entertainment and social networking website that allows users to upload and download music, videos and images – and Super Cassettes Industries (SCIL), a popular Indian music production house. SCIL filed a civil suit against Myspace seeking a permanent injunction and damages, claiming copyright infringement as Myspace was allegedly hosting SCIL’s content without obtaining a valid licence.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Daksh Kumar is a managing associate at LexOrbis.

LexOrbis

709/710 Tolstoy House

15-17 Tolstoy Marg

New Delhi – 110 001

India

Mumbai | Bengaluru

Contact details:

Tel: +91 11 2371 6565

Fax: +91 11 2371 6556

Email: mail@lexorbis.com

Website: www.lexorbis.com

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link