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Divij Joshi

Divij Joshi is a lawyer and tinkers in technology and policy. He tweets @divijualsuspect.

Copyright

What’s in a Stream? The Confounding Case of IPRS’s Live-Streaming Tariffs


Angry-looking musician holding a mike on a stage

The Indian Performing Rights Society (IPRS) has been keeping busy during the COVID pandemic. In an undated notice, uploaded earlier in July, it announced a new tariff scheme for ‘live-streaming of online events and live/disc-jockey performances’. After receiving backlash from singers, musicians and popular press, reports have emerged that the tariffs have been put on ‘hold’ until September, 2020. In this post, I will examine some of the issues and concerns this notice has raised. [Important Edit 29/7: I missed…


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Trademark

Bombay HC Clarifies Nature of Reliefs Applicable in Cybersquatting Disputes


In an interesting and important order and judgement delivered by Justice Gautam Patel, the Bombay High Court has shed some clarity on the nature of reliefs applicable in domain name cybersquatting disputes – disputes relating to the wrongful or fraudulent use of trademarks as domain names. The order dated June 12, in Hindustan Unilever v. Endurance Domain and Ors. is available here. In brief, the court held that domain name registrars can not be expected to ‘block access’ to a…


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Copyright

Crawl Cautiously: Examining the Legal Landscape for Text and Data Mining in India – Part II


We are pleased to bring to you a two-part guest post by Viraj Ananth, examining the legal landscape of TDM in India, an issue we have covered on this blog previously here. Viraj is a fourth year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore. Part I of this post studied the question of copyright infringement liability for TDM use in India, after introducing TDM technology and its popular techniques. Part II first explores international developments on copyright…


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Copyright

Crawl Cautiously: Examining the Legal Landscape for Text and Data Mining in India – Part I


We are pleased to bring to you a two-part guest post by Viraj Ananth, examining the legal landscape of TDM in India, an issue we have covered on this blog previously here. Viraj is a fourth year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore. Part I of this post first introduces text and data mining (TDM) and contrasts popular TDM techniques, namely website scraping, website crawling or indexing, and website archiving. It then studies…


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Copyright COVID-19

Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums?


Telegram, a widely used instant messaging platform, is in a copyright soup before the Delhi High Court, concerning the circulation of ‘e-papers’ or digital versions of newspapers, through open Telegram Channels, a group messaging feature available on the app. In an order dated May 29, 2020, Justice Mukta Gupta issued an ad-interim injunction directing Telegram to provide information about the subscribers or ‘owners’ of certain Telegram Channels allegedly circulating online versions of Dainik Jagran, a Hindi daily. Further, Telegram was…


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Copyright COVID-19

The Legality of Digital Libraries in a Lockdown


Quarantine and lockdown in the midst of the CoViD-19 pandemic has left entire populations without physical access to schools, colleges and public libraries. Even more than before, this has shone a spotlight on the digital access to cultural and educational resources. Taking a cue from Namratha’s insightful post on the responses of copyright law in such a situation, in this post I explore the many legal contentions around the ‘digital’ access to libraries, particularly in the present moment. This is…


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Copyright

A Response To the IMI’s Claims about ShareChat and Intermediary Safe Harbour Law in India


ShareChat, an Indian local language social media service, is once again in the middle of a copyright storm. Readers may remember ShareChat’s tussle with TikTok from last year, regarding its status as an intermediary and protections against copyright infringement claims. This time, it’s ShareChat facing the proverbial music, with T-Series and a related entity Lahiri Recording taking civil and criminal action against ShareChat for allegedly violating their copyright through its services. The dispute has once again revealed the copyright fault…


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COVID-19 Data Exclusivity Patent

CoViD-19 Pandemic Spurs Calls for ‘Openness’ in IP


Corona covid 19

The CoViD-19 pandemic may well be humanity’s biggest collective challenge in a post-globalisation era. In the midst of this global emergency, the artificial scarcity produced by international and domestic intellectual property laws and norms is revealing itself to be a scourge to public health systems around the world – from restraining drug research and development to denying access to medical devices. The responses of various stakeholders will certainly have an immediate impact on CoViD-19 related public health responses, but its…


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Copyright Overlaps in IP

Piracy, Privacy and Procurement: What Internet and Software Associations Had to Say About India to the USTR


Following up on Prashant’s detailed coverage of certain commercial associations making representations to the US Trade Representative on its Special 301 Report, I looked into the representations made by prominent software and internet industry associations. Below, I summarise the India-specific recommendations of the following bodies – the Business Software Alliance (BSA), Internet Association and the International Intellectual Property Association (IIPA). India Continues to be a ‘Piracy Priority’ for the Special 301 Lobbies The business associations had little love for India…


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Copyright

Madras HC: No Right to Demand Mandatory Sharing of Sports Broadcasts Over the Internet


The Madras High Court, in its judgement in Adithya Modi v Union of India and Ors., has refused to mandate Prasar Bharati to stream sports broadcasts shared under the Sports Broadcasting Signals (Mandatory Sharing With Prasar Bharati) Act, 2007 (“Sports Broadcasts Act”) over the internet. Instead, the Court has ‘directed’ the respondents (Ministry of Information, Ministry of Sports and Prasar Bharati) to consider the matter and make appropriate policy recommendations. Background and the Saga of Sports Broadcasting in India The…


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