2002 tii Oct 105

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  1. I don’t agree completely: Section 81 wodlun’t have a negative effect on ISPs and intermediaries vis-a-vis copyright infringement.S.63 of the Copyright Act requires “knowing” abetment of copyright infrigement, and s.52(a)(ii) requires the intermediary to be “aware” and have “reasonable ground for believing” that copyright infringement is being carried out.The exemption under s.79 of the IT Act would not apply in any case (thanks to s.79(3)) if the intermediary has “conspired or aided or induced or authorised” the commission of an unlawful act, or if despite “receiving actual knowledge” that its resources are being used to commit unlawful acts, the intermediary doesn’t take down the material.Thus, I don’t see liability under the Copyright Act (as it presently exists) as being in consonance with the exemption of the liability under the IT Act.

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