Please use this identifier to cite or link to this item: http://nopr.niscair.res.in/handle/123456789/20289
Title: John Doe Copyright Injunctions in India
Authors: Gupta, Juhi
Keywords: Copyright protection;John Doe orders;Piracy;Infringement;Injunction;Internet;Internet Service Providers
Issue Date: Jul-2013
Publisher: NISCAIR-CSIR, India
Abstract: Copyright protection has seen the creation of and resort to a variety of means to protect and preserve one’s work from infringement. One such tool is John Doe orders, namely ex parte preliminary injunctions obtained against unidentified defendants, used to restrain and mitigate anticipated copyright infringements. Thus, they act as timely shields that are only enforceable by copyright owners upon actual acts of infringement being perpetuated and upon ascertainment of the identities of the respective John Does. However, one observes a dramatic development spearheaded by the High Courts of Delhi and Madras wherein John Doe orders are suddenly being granted with alarming regularity to movie producers in a bid to attack piracy of upcoming releases through different mediums. This paper argues that resorting to John Doe orders in India is coming at an extremely disproportionate social cost. They far exceed their legitimate ambit due to their unscrupulous implementation, the primary victim of which has been the Internet. The extent of ‘Internet freedom’ has been relegated to the mercy of these sweeping orders, jeopardising perfectly valid consumer interests and provoking serious concerns regarding legitimacy of arbitrary clampdowns for indefinite periods in the guise of countering copyright piracy.
Page(s): 351-359
URI: http://hdl.handle.net/123456789/20289
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.18(4) [July 2013]

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