Is Airtel curbing speed of Filesonic, Fileserve, Oron... and other file sharing sites?

[princepurple1979]

chromaniac has covered all the points that you have raised, i would like to just point out , personal consumption is very different from street piracy, that is the one which hurts , downloading for personal use it perfectly legit in Netherlands, Spain, Canada, and India as per the standing law. in india cause thier is no written law which handles digital downloads yet so the copyright act of 58 applies.

Regarding the legal position on downloading of illegal content, I believe this is dealt with by the “Information Technology Act 2000” and not by the copy right act.

If you see Section 43 of the IT Act (as amended by the “IT Amendment act 2008”) says,

“If any person without permission of the owner..downloads, copies.. any data.. or information.. he shall be liable to pay damages by way of compensation to the person so affected”

So it is perfectly illegal for anyone to download copy righted material. However the legal loop hole here could be that, the owner should be able to establish that they suffered some damages due to the downloading of this material. And considering the pace and efficiency with which our courts operate, this could lead to decades of legal wrangling before some meaningful thing comes out.

Disclaimer : Iam not a lawyer nor an expert on this act. This is what I could gather from the material available, and would like to hear others views on the same.

 

[Sushubh]

so basically... if you claim that you own the post you have just written, i have just committed a crime by downloading it on my computer without your permission! oh laa laa oh laa laa.

 

[dovahkiin]

Regarding the legal position on downloading of illegal content, I believe this is dealt with by the “Information Technology Act 2000” and not by the copy right act.

If you see Section 43 of the IT Act (as amended by the “IT Amendment act 2008”) says,

“If any person without permission of the owner..downloads, copies.. any data.. or information.. he shall be liable to pay damages by way of compensation to the person so affected”

So it is perfectly illegal for anyone to download copy righted material. However the legal loop hole here could be that, the owner should be able to establish that they suffered some damages due to the downloading of this material. And considering the pace and efficiency with which our courts operate, this could lead to decades of legal wrangling before some meaningful thing comes out.

Disclaimer : Iam not a lawyer nor an expert on this act. This is what I could gather from the material available, and would like to hear others views on the same.

interesting , am also not a legal expert and have in past always asked about this and dug up a lot on this, from what i can rather from the current copyright act [ which btw i found on a Indian lawyers site] and according to that for personal use copying of copy righted material is legit not for commercial , the loophole is rather wide ., from my knowledge again i could be wrong on this a non Indian entity cannot ask or sue for compensation in India [ this basically to protect Indian trade with patents aboard] that was the reason India de railed ACTA, anyway 1st even if we go by IT act the someone has to ask or prove infringement happened then proceed to court to file for damages and that person on entity has to have a india connection , for example if showtime claims so and so downloaded Dexter then showtime should have a Indian presence and that entity should hold copyrights to Dexter , now according to our corp laws about which am very clear no non Indian can hold more then 49% in the company so showtime would have to transfer rights to Dexter to a Indian majority holding company with 51% stake i would love to see that happen !!

hmm from what i have read of copyright amendment act 2010 it has a good deal of scope and is very fair regarding fair use, personal use and DRM issues i just hope the govt passes it so this becomes clear .IT act is too broad and not applicable i can claim copy right on this post as chromaniac pointed out and ask for damages and lastly again an isp cannot throttle own it's own even if if we take IT act someone has to complain to subscriber 1st then let law handle it and any lawyer worth his salt would be it copyright issue and drag it a civil court for 25 years for 10k !!

but i would also like to have an opinion on this directly from a lawyer.

 

[princepurple1979]

so basically... if you claim that you own the post you have just written, i have just committed a crime by downloading it on my computer without your permission! oh laa laa oh laa laa.

Well not really..the question of "Crime" or "penalty" would arise only if I can establish that I suffered a damage due to your downloading of the same. In the case of copying a post and all there is no financial damage and hence no penalty.

To establish the nature and extent of damage and sufficient compensation for the same has however, to be decided by the court.

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interesting , am also not a legal expert and have in past always asked about this and dug up a lot on this, from what i can rather from the current copyright act [ which btw i found on a Indian lawyers site] and according to that for personal use copying of copy righted material is legit not for commercial , the loophole is rather wide ., from my knowledge again i could be wrong on this a non Indian entity cannot ask or sue for compensation in India [ this basically to protect Indian trade with patents aboard] that was the reason India de railed ACTA, anyway 1st even if we go by IT act the someone has to ask or prove infringement happened then proceed to court to file for damages and that person on entity has to have a india connection , for example if showtime claims so and so downloaded Dexter then showtime should have a Indian presence and that entity should hold copyrights to Dexter , now according to our corp laws about which am very clear no non Indian can hold more then 49% in the company so showtime would have to transfer rights to Dexter to a Indian majority holding company with 51% stake i would love to see that happen !!

hmm from what i have read of copyright amendment act 2010 it has a good deal of scope and is very fair regarding fair use, personal use and DRM issues i just hope the govt passes it so this becomes clear .IT act is too broad and not applicable i can claim copy right on this post as chromaniac pointed out and ask for damages and lastly again an isp cannot throttle own it's own even if if we take IT act someone has to complain to subscriber 1st then let law handle it and any lawyer worth his salt would be it copyright issue and drag it a civil court for 25 years for 10k !!

but i would also like to have an opinion on this directly from a lawyer.

I have already replied to Chromaniac's post, on why copying a post would not be a violation of the Act.

I am not aware of the provisions of copy right act (but i will do some research once I get some time), so I cant really say anything on that.

These laws are all at the nascent stages in India, and would require years of enforcing and 100's of court rulings and clarifications, before they become clearer. There are loop holes in decades old Acts like Income tax act and all, so we can imagine what a skillful lawyer could do with the IT Act

From what I understand, i agree with you, it is none of the ISP's job to enforce these rules. The violation if any, has to be raised in court by the owner of the work, and compensation is to be worked under court's direction.

 

[Sushubh]

Filesonic seems to have gone offline