[pp.int.general] Fwd: [SPICY IP] The Death of Safe Harbour for Intermediaries in India for Copyrigh...

[Amelia Andersdotter]

On 08.08.2011 02:28, Richard Stallman wrote:
> Could you tell us what decision was made?

Super Cassettes, an Indian copyright holder, accused Myspace of 
infringing activities. The court found that MySpace could not defend 
itself from the accusations merely by citing they take 
"post-infringement" measures (DMCA-style - notice-and-take-down). That 
means intermediaries can be liable for an infringement unless they 
prevent it (to my best of understanding), which also sets India apart 
from the EU.

I can't see an Indian verdict having an impact on the American or 
British copyright systems. In Germany, a court recently (earlier this 
year) settled that post-infringement measures taken by RapidShare 
(notice-and-takedown on specific works, even) were adequate. The same 
situation or verdict is thus not likely to appear in Europe - for a while.

/a

> The Subject is too terse for me to understand the issue
> and the contents of the message don't seem to say what
> was decided -- only why.  And it is hard to understand.
>