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JIPR Vol.14(4) [July 2009] >


Title: Striking a Balance between Liability of Internet Service Providers and Protection of Copyright over the Internet: A Need of the Hour
Authors: Mishra, Priyambada
Dutta, Angsuman
Keywords: Internet Service Providers (ISPs)
copyright
infringement
Copyright Act
Information Technology Act
Digital Millennium Copyright Act (DMCA)
safe harbour protection
Issue Date: Jul-2009
Publisher: CSIR
Abstract:  With the advent of ‘World Wide Web’, the Cyberspace has spread its tentacles throughout the globe bringing in its wake highly controversial issues. Despite advantages of this matrix of immense utility, the Internet poses potential threat to the Internet Service Providers (ISPs) of incurring liability for no fault of theirs. The quantum of liability of ISPs has become an important issue for the legislators of all countries. This paper limits its scope to the legal issues integrated to the much debated problem of the ‘scope of liability of ISPs for copyright infringement by third parties or subscribers’. The object of the paper is to provide a comprehensive analysis of the prevailing legislative approaches towards this issue in India and bring out loopholes in the present legal framework. The paper also suggests establishing a clear and specific ‘safe harbour protection’ for the ISPs in India by incorporating notice takedown procedures, implementing standard technical measures and by appropriate categorization of ISPs. While doing so, it analyses the laws of countries like US and Japan where legal regime is far more developed to tackle the issue in question. The lacuna in the Indian laws must be cured so as to develop a legal system in consonance with the international order, which can combat the unforeseen anomaly of the Internet era. Furthermore, specific laws and procedures should be framed, to clear the suffocating air of critical issues, striking a balance between ISPs liability and interest of the copyright holders.
Page(s): 321-329
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.14(4) [July 2009]

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