Divij Joshi

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

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

by Divij Joshi June 29, 2020

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…

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

by Divij Joshi June 29, 2020

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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…

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

by Divij Joshi June 15, 2020

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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…

The Legality of Digital Libraries in a Lockdown

by Divij Joshi April 29, 2020

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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…

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

by Divij Joshi April 11, 2020

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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…

COVID-19 Data Exclusivity Patent

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

by Divij Joshi March 31, 2020

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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…

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

by Divij Joshi March 16, 2020

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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…

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

by Divij Joshi February 12, 2020

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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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Avnish Bajaj Redux? Supreme Court of India Denies Relief to Google in Criminal Defamation Proceedings

by Divij Joshi December 14, 2019

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In its judgement in Google India Pvt. Ltd. vs M/s Visakha Industries, delivered on December 10, 2019, the Supreme Court denied to quash defamation proceedings against Google for its failure to expeditiously remove allegedly defamatory material from its ‘Google Group’ service. The case is significant for online intermediaries operating in India, as it holds that online intermediaries may be liable as a ‘publisher’ in criminal defamation proceedings under the Indian Penal Code in certain circumstances. Background Google, the appellant company,…

Overlaps in IP

WIPO Public Consultation on AI and Intellectual Property

by Divij Joshi December 13, 2019

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The World Intellectual Property Organisation has called for public comments as part of its process to develop a policy on Artificial Intelligence and Intellectual Property Rights. The call is available here. The call is concurrent with the release of WIPO’s issues paper where it has outlined the following core issues concerning the relationships between AI and IP: (a) Patents (b) Copyright (c) Data (d) Designs (e) Technology Gap and Capacity Building and; (f) Accountability for IP Administrative Decisions. Submissions are…