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Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment 1337x.to your query Query Alert Service, 1337x.to. Try out our 1337x.to Member services -- Free for one month. Tim Berners-Lee, Inventor of Web.

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Name of case : Utv Software Communication Ltd. The Court disposed of the matter ex-parte, with only the Plaintiffs present, as the contesting defendants failed to appear on being summoned. As the matter involved questions of law of general public importance, the Court appointed Mr. Hemant Singh, a regular practitioner in IPRs cases, as an Amicus Curiae to assist the court with its determination on the questions of. These websites functioned under a garb of privacy and their indexes of hyperlinks redirected the end-user to host area in order to facilitate streaming or downloading of copyrighted content. The primary contention before the Court was that the Defendant Websites mirrored and multiplied on being blocked at one particular URL. The Plaintiff relied upon laws across multiple jurisdictions where courts in such circumstances have passed injunction orders blocking the primary website. In view of the international jurisprudence and the increasing need in a technology-driven era, the Plaintiff sought an effective remedy in the form an injunction by way of the present Suit. Caution is required more specifically in cases where websites hosted both infringing and legitimate content of third parties. To buttress the submissions, the Amicus relied on the three-step verification test evolved by the Bombay High Court in Eros International Media v. Further, courts while granting blocking orders should be guided by principles of proportionality so that interference with rights to access the internet is justified.

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Mdeez 6 years ago. Blocked in Greece…. However, in the present batch of ex-parte matters the following seminal issues arise for consideration Tracking Alexa data recorded usage reduction of The plaintiffs are companies, who are engaged in the business of creating content, producing and distributing cinematographic films around the world including in India. Consequently, this Court is of the opinion that advocating limits on accessing illegal content online does not violate open Internet principles. In the opinion of this Court, the defendant-websites are liable for copyright infringement under Section 51 of the Copyright Act. Ofcom, "Site Blocking". Leave A Reply Cancel Reply. Shawon4 6 years ago.

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The proportionality principle, according to him, is designed to ensure that interferences with rights is justified as being no more than necessary to protect the rights or to achieve other legitimate goals. To succeed, India requires the cooperation of the foreign governments where the site is hosted, and despite the fact that virtually every nation that acts as a haven for piracy sites is in the World Trade Organization and is a signatory to the multilateral agreement protecting intellectual property-the Trade related Aspects of Intellectual Property Rights TRIPS agreement- many nations refuse to address digital piracy in their own jurisdictions. He suggested that the Court should direct the plaintiffs to file detailed affidavits before the learned Joint Registrar who may examine whether the website sought to be included in the affidavit is a mirror FIOL or not. If the views of Internet exceptionalists were to be accepted, then a boon like Cyberspace would turn into a disaster. To be effective, URL blocking needs to be designed so that it only targets specific types of network traffic, whether this is related to sites that actively facilitate terrorism, child pornography, or copyright infringement. In fact, keeping in view the proportionality principle, the Courts have refrained from passing orders requiring pre-filtering and proactive monitoring of the Internet. Bharat Sanchar Nigam Ltd. This is the same weak argument used against virtually every type of countermeasure. Given this capability, URL blocking is the most precise method, thereby avoiding over-blocking. In summary, the study shows that while website blocking will not solve online piracy--no single tool, law, or practice will--it does reduce it while increasing the consumption of legal content. However, Mr. Even the most vocal supporters of Internet freedom recognize that it is legitimate to remove or limit access to some materials online, such as sites that facilitate child pornography and terrorism. With regard to search engines, a de- indexing order is imposed for any result leading to the targeted sites, so not limited to currently known domains. A helpful illustration of the P2P infrastructure, prepared by learned Amicus Curiae, is reproduced hereinbelow:. The position might have been different if defendants' websites had a substantial proportion of non-infringing content, but that is not the case.