Thursday, February 2, 2012

Liability of Intermediaries in Infringement

Rowling Harry Potter John Doe law
J. K. Rowling
Under the Information Technology Act, the appropriate authority for blocking websites is the Department of Information & Technology (DIT). The IT Rules, 2009(relating to ‘Procedure and Safeguards for Blocking for Access of Information by Public’) authorize the DIT to block websites and confers investigation powers for reasons connected with national security or public order or incitement of any unlawful activity as laid down in Section 69A of the IT Act. The format of the form that should e filled Rules under section 69A of the Information Technology  (Amendment) Act, 2008, schedule-I.

Rule 16 of  Rules under section 69A of the Information Technology  (Amendment) Act, 2008 states that "In the event of approval of the Request by the Secretary, Department of Information Technology, Ministry of  Communications & Information Technology, Government of India, under Rule (14) and Rule (15), the Designated Officer will direct the Intermediaries to block the offending information generated, transmitted, received, stored or hosted in their computer resource for public access within the time limit specified in the direction."

Exemptions from liability of intermediary is given u/s 79 of the IT Act: The intermediary is exempted if the intermediary does not:- initiate the transmission, select receiver of transmission, modify the information in it. If the intermediary does not remove the content immediately after notification or if it is found that the intermediary had a malafide intent and has not performed reasonable due diligence, the intermediary is liable to be held as an abettor of the infringement.

Under the Act “intermediary”, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, webhosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes;’

John Doe:-
The term 'John Doe Injunction' (or John Doe Order) is to describe an injunction sought against someone whose identity is not known at the time it is issued:
The first time this form of injunction was successfully obtained since 1852 in the United Kingdom was in 2005 when attorneys acting on behalf of JK Rowling and her publishers obtained an injunction against an unidentified person who was trying to sell chapters of a stolen copy of an unpublished Harry Potter novel to the media

John Doe law Speedy Singhs
Speedy SInghs
India: John Doe order had been passed by the Delhi High Court for the movie Speedy Singhs, starring Russell Peters. The Delhi High Court also passed two other John Doe orders in  2011 for the movies Singham  and Bodyguard. Thus, John Doe orders are becoming increasingly common in the Indian film industry and seems to be working to at least some extent in reducing piracy. 

(Also read about the SOPA and PIPA issue)

Labels: government law college, Harry Potter, indian legal blogs, infringement, intermediaries, IT Act, John Doe, John Doe injunction, John Doe order, mowing the law, mowingthelaw, vikrant shetty, 

1 comment:

  1. Thank you. This has been very useful for the topic 'IT and IP' which I am researching on.