Still confused about downloading torrents?

Still confused about downloading torrents?

Let’s be clear, Indians will not be penalised for simply viewing a blocked torrent website or URL!

Here’s what an expert has to say

There seems to be much debate and controversy surrounding the message that appears while trying to access torrent sites. It’s time to put things in perspective.

The relevant part of the message states, “Viewing, downloading, exhibiting or duplicating an illicit copy of the contents under this URL is punishable as an offence under the laws of India, including but not limited to under Sections 63, 63-A, 65 and 65-A of the Copyright Act, 1957 which prescribe imprisonment for 3 years and also a fine of up to Rs. 3,00,000.”

Since the relevant provisions of law are quoted, it would be a fair exercise to try and understand what the four provisions stated above mean.

Section 63 makes knowingly infringing or abetting the infringement of a work’s copyright an offence. Infringement happens when someone makes copies of, distributes, makes a video or sound recording, translates, and/or creates adaptations of any work without the permission of the person who has the exclusive right to do any or all of the above acts.

Section 52 of the Copyright Act lists the exceptions to infringement of copyright. Under Section 52, one of those exceptions includes fair dealing (except a computer program) for private use of any copyrighted work. What constitutes fair dealing is not defined in the law. So, if a person views or downloads a song, video, etc, for his own viewing, it may not amount to an offence under Section 63.

Section 63A provides for greater punishment with respect to a second or subsequent offence.

Section 65 makes possessing a “plate” for the purpose of making an infringing copy an offence. A plate is defined as duplicating equipment intended for reproducing copies of any work. Viewing or downloading work may not be interpreted as possessing a plate for the purpose of making infringing copies. Hence, this provision is not applicable to the downloading of torrents.

Section 65A talks about circumventing technical measures deployed for protecting copyright. This section is directly applicable to cracks used for installing pirated software. Any person using a crack for defeating activation requirements or to dispense with a license key is liable under this provision. Other instances would include access to a subscription site like Netflix or any other similar site by hacking.

Merely browsing a torrent website cannot be an offence unless one begins to download and store. Even then, if one is not distributing or circulating the content downloaded from torrent websites, it is doubtful whether an offence is made out under the current laws.

However, this discussion does not apply to computer programs. We can always stretch the law and prosecute by misusing. So if given a choice, download a movie, but don’t share it amongst your friends.

The Author is Director, Asian School of Cyber Laws

Source | Daily News Analysis | 29 August 2016

Regards

Pralhad Jadhav

Senior Manager @ Library

Khaitan & Co

Blog | http://pralhad-fyilibrarian.blogspot.in/

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