Tag Archives: Copyright

The “Bang Bang” Order: ‘Likely’ Copyright Infringement Trumps Intermediary Immunity

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This post examines the order given by the Delhi High Court (DHC), which is the third in a series of worrying orders by the DHC, from the perspective of Intermediary Liability.

In order to ensure no possible online access to Bollywood film “Bang Bang” which released on Oct 2, the Delhi High Court on Sep 30 directed Internet Service Providers (ISPs) to block access to around 90 websites which could have streamed, broadcasted or provided online access to the film. The restraint order was passed by the Court on a suit filed by Fox Star Studios, one of the producers of the film. A separate list of 72 websites was submitted to the High Court by the producer, contending that the movie should be unable to be watched on the internet without its permission and 18 other websites were made parties to the suit by the producers. While the order mentioned 90 websites specifically, it brings ‘other websites as subsequently notified by the producers’ within its purview, thereby making it extremely likely for websites beyond those specifically mentioned to be blocked.  Further hearing on this matter will take place on Nov 21, 2014. Continue reading The “Bang Bang” Order: ‘Likely’ Copyright Infringement Trumps Intermediary Immunity

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Digital Piracy: Adapt or Deter?

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(The author would like to thank Swaraj Paul Barooah for his valuable insights.)

Let me begin by putting forward a basic question – when was the last time you actually paid to download a song? And trust me, you deserve a pat if your answer is anywhere within the last two years. In this blog post, I have looked into the contentious issue of digital piracy and the implications it holds today. My major theme is an analysis of whether this online piracy can be curbed effectively and if yes, then how. The post is divided into six sections – (i) The basics, (ii) Deterrence as a solution (iii) Curbing piracy around the world, (iv) Digital piracy in India, (v) The creative industry’s viewpoint and (vi) Conclusion.

Continue reading Digital Piracy: Adapt or Deter?