T-Series Doesn’t Get It

And neither does the Government of India.

Via PC World:

The Delhi High Court in India passed an interim injunction on Friday that prohibits Yahoo Video from streaming copyright content from Indian music company, Super Cassettes Industries, according to the lawyer representing the Indian company in this case. The court, after finding a prima-facie case, also issued a notice to Yahoo and its Indian subsidiary.

The music company, which uses the brand T-Series, is seeking a permanent injunction and damages for the alleged dissemination and display of its copyrighted content on Yahoo Video.

The crux of the problem is:

Copyright infringement is treated very differently in India than it is in the US, which is part of the reason why Super Cassettes Industries has been so successful with the courts. Section 79 of India’s Information Technology Act of 2000 (PDF) holds ISPs, web hosts, e-mail services, social networks, and the like liable for the copyright infringement of their users. Such service providers are protected in the US as long as they respond to takedown requests, however, thanks to the DMCA’s Safe Harbor provision.

Companies like Google have long objected to India’s stance: “We don’t hold the telephone company liable when two callers use the phone lines to plan a crime,” wrote Google India policy analyst Rishi Jaitly last fall. “For the same reasons, it’s a fundamental principle of the Internet that you don’t blame the neutral intermediaries for the actions of their customers.

So it’s two fold, one that the Government of India’s policies don’t allow an Indian web company to flourish simply because of these naive rules and secondly, T-Series believes that there music being available on Yahoo will lead to declining sales. If anything, it’s free advertising and people, assuming they like the music in question, will go out and buy the music. After all, it’s not as if a customer can stream the music to their cars or iPods or cellphones.

It bears repeating, litigation is not a business model.
Picture uploaded by zappowbang


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