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
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