IMI Obtains Orders to Curb Online Piracy
The menace of online piracy is increasing by the day and
causes widespread copyright infringement. Piracy is the unauthorized
duplication of an original recording for commercial gain without the consent of
the right owner. It costs the Music Industry and the Government millions of
rupees each year[1].
Taking initiative in eradicating this illegal activity, last
week the Indian Music Industry (IMI), a consortium of 142 music companies
including several prominent regional and national labels, obtained orders from
the Calcutta High Court directing Internet Service Providers (ISPs) to block
access to 104 music sites from India infringing music copyright (List of website
available here Medianama). The orders direct a total of 387 ISPs
to block access to the 104 websites within 36 hours of date of intimation.
These websites illegally allow the downloading of songs which results in
piracy.
The high court order restrained the ISPs from reproducing,
adopting, distributing, communicating, transmitting, disseminating or
displaying in any manner infringing the copyright in sound recordings belonging
to the IMI member companies.
A similar case that came to light not long ago was that of
blocking of the website www.songs.pk where again the Calcutta High Court had
granted an ex- parte injunction restraining a number of Internet Service
Providers (ISPs) from providing access to the website. This website too
illegally allowed free downloading of songs, promoting online piracy.
However, at the time this article was going to press, we
sample checked some of these websites and attempted download. The websites are
working in perfect order and still allow downloading of songs. Further, on
checking the website www.songs.pk, we found that we were re-directed
to another domain name www.songspk.pk where again, the downloading of
music was allowed. This example of the website www.songs.pk, reappearing
on another domain name, shows how the domain name owners are able to find their
way around the order of blocking a domain name and continue the illegal
activity of copyright infringement. This alone stands as a glaring
example of wasted effort and continued online piracy.
Prepared by:-
Ms Deepika Vijay Sawhney, Partner and
Ms Stuti Bansal, Associate,
Corporate Professionals, Advocates & Solicitors
