Illegal downloaders, you might not be criminals in India, but be careful abroad
8:11 AM
Posted by Fenil Seta
A Bombay HC verdict says downloading or watching pirated movies isn't an offence here, but you can be jailed or sent a warning mail, at the very least, in other countries
Niharika Lal (BOMBAY TIMES; September 12, 2016)
FRET NOT ILLEGAL MOVIE DOWNLOADERS, YOU ARE NOT CRIMINALS IN INDIA!
If you frequent the neighbourhood DVD store that gives out the most recent films on rent even while they are playing in the cinemas, or often download films from torrent sites, don't worry, you are not a criminal. At least, not in India. Recently, a Bombay High Court judge ruled that “the offence is not in viewing, but in making a prejudicial distribution, a public exhibition or letting for sale or hire without appropriate permission copyright-protected material.“
The order came in the wake of messages that several internet service providers posted on their websites last month. The messages by the ISPs, displayed when users try to open blocked websites, said, “Viewing, downloading, exhibiting or duplicating an illicit copy of the contents is punishable as an offence under different sections of the Copyright Act, 1957.“ However, the HC ruling clarifies that viewing a pirated movie is not crime.
LEGAL HERE, BUT ILLEGAL IN MANY COUNTRIES
Even with many companies venturing into the online movie do main and audiences willing to watch paid, legal content, illegal downloading continues. Also, not much is being done to unplug websites that host or have links to illegal content and file-sharing. However, in India, you will not be served a notice for criminal copyright infringement if you watch pirated movies. On the other hand, according to reports, in the US, 1.3 million warnings were sent out last year for illegal downloads. On October 1, 2011, an agreement was signed between eight countries - the US, Australia, Canada, Korea, Japan, New Zealand, Morocco and Singapore - concerning the enforcement of intellectual property rights. The agreement, Anti-Counterfeiting Trade Agreement (ACTA) proposes to improve “the enforcement of intellectual property rights“ in the participating countries.
IS MOBILE MOVIE VIEWING INCREASING PIRACY?
There are dedicated apps where one can watch pirated films in HD. Sunny Sharma, a movie buff, says, “Films are available for as little as Rs 10 per download, and if you watch them on an app, it's free. I wasn't planning to watch these movies that I saw on my mobile. I did so while travelling to kill time.“
Most viewers believe watching a film on a mobile has nothing to do with its business. Tanvi Arora, another such viewer, says, “If the movie is a month old, how am I affecting its business? It only helps people access more films.“
PIRACY LAWS IN OTHER COUNTRIES
USA
According to laws that are being proposed in the US, anyone found guilty of streaming copyrighted content without permission 10 or more times within a six month period could face up to five years in jail.
UK
The Digital Economy Act 2010 of the UK has since been changed a number of times, but its main provision still comprises sending letters to people identified as illegal downloaders. The letters offer advice on how to stop illegal activity, but don't make monetary demands or threaten disconnection.
FRANCE
In France, illegal downloaders are sent a warning email, and then a letter if they continue to download. If they persist, they have to appear before a judge, who can impose a fine or suspend their access to the internet. The law, passed in 2010, was backed by the then President Nicolas Sarkozy as well as the entertainment industry.
ITALY
Politicians are proposing laws that would change the country's copyright legislation. Internet service providers would have to disconnect subscribers after getting a single notice, as opposed to the three-warning rule in France. The proposed legislation would also require internet service providers to change content deemed as breaking copyright laws.
NEW ZEALAND
Similar to the laws in France, New Zealand too has a three-warning system. The country's Copyright (Infringing File Sharing) Amendment Act was passed in September 2011. Anyone caught sharing copyrighted material on the web receives a warning letter through their service provider. After issuing the third notice, copyright holders can take offenders to the country's copyright tribunal,where the accused can face fines up to $15,000 (more than Rs 10 lakh) and a disconnection of their internet service.
This entry was posted on October 4, 2009 at 12:14 pm, and is filed under
Bollywood News,
Bombay High Court
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