Saturday, October 15, 2011

Indian Court Says Service Providers Are Liable For Users' Copyright Infringement

We talked several times about the importance of the various shelters in the DMCA and the CDA, the United States to protect service providers from liability for the actions of its users (for example, YouTube does should not be held responsible if one of your users to load a violation of work). Other countries have not been as strong in this area, although many seem to recognize the fundamental reasons for not making service providers accountable. Unfortunately, it seems that India can not end with these security zones in a recent decision. Mohanty Amlan alerts us to the critical evaluation has made a detailed complaint against MySpace, India, and the reasons for the decision, which certainly seems to eliminate protections for intermediaries and suggests that they are fully responsible for the acts of its users.

am certainly not an expert in Indian law, but actually sounds like another case of bad legal drafting by legislators, where they adopted two laws that seem to contradict each other . The end result is pretty ridiculous, as some of the arguments. For example, the court said that since MySpace got some tools to deal with counterfeiting, which could prove that he had "knowledge" of infringement. In other words, it appears that under this decision, a company in India is more secure (but not in most other countries) if you have apolitical
and
without tools to deal with the offense, can not claim to know. It's ridiculous.



However, the court is based on this type of "knowledge" to say that the law requires a site to punish the offense, if known ... In the U.S., this (mostly with one exception) means

true
Knowledge specific
infringing works through DMCA notices of withdrawal. But the decision of this Court seems to say that the general knowledge tested by the mitigation instruments, which means that MySpace has a duty to find and block all infringing works, but based on a list given to them by the rights holders. On the other hand, argue that because the place ads in the videos on MySpace in question showed that they were reviewing the videos, so you should have them reviewed by the offense. That inserts ads is likely that such automated (and certainly not experts in copyright law) does not appear in court.
Then there is the lie. The court has apparently decided that MySpace has to "control all the previous films in the securities of India before releasing the work to the public rather than fall into the later action for infringement. 'C' is correct. It is safe ports. If you are a provider of online services to users in India ... you can take care ...

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