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Updates: eBay India porn row sparks plans for Indian DMCA
Posted by Badri Natarajan on Wednesday, December 22 @ 08:49:14 EST Digital Millennium Copyright Act

This article in the Times of India talks about how the MMS fracas has inspired plans (or maybe given an excuse to push existing plans) for an Indian version of the DMCA. It's very creative - and unprecedented - to characterize this issue as a copyright infringement case..

Note that (fortunately), there appear to be no plans (yet) for a DMCA-like anti-circumvention provision. So far, they seem to be discussing only clarifying ISP/website liability issues and crafting a clear safe harbour provision. Depending entirely on how it is drafted, this might even be a Good Thing. (One can always hope).

Also note that the article is factually incorrect on issues relating to the case, and reinforces some of the misconceptions people have about it. The allegedly-obscene video clip was never on the site as the article claims - only an advertisement for video CDs containing the clip was posted. This is one of the main reasons why Baazee.com has no legal liability in this matter, but just try explaining that to the Delhi Police.

Also, the article claims that the "video clip was not removed, despite the incident becoming public knowledge". This is also incorrect - eBay/Baazee pulled the *listing*, as soon as they became aware of the contents of the video CD being sold, and the violation of their TOS.

Oh, and here's another article from The Guardian, giving a good overview of the controversy.
 
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Re: eBay India porn row sparks plans for Indian DMCA (Score: 0)
by Anonymous on Monday, January 03 @ 06:11:06 EST
The real issue got dissolved in all this media hype and in face saving attempts. The immunity claimed by Baazee for third party info is misplaced and the claim that they fall within the ambit of ISP or infrastructure provider is farse. They are simply trade agents making money from sales at their shop (website), the more stuff sold through their shop is more business to them. Unlike ISPs or other infrastructure providers they do not charge for facilities instead their business is directly linked with the sale. Obviously, then they would to put the stuffs which sells more and do great business and at the same time as they are doing would make law makers and enforcers to belive as if they are ISPs and thus they have claim for immunity. Any business which is making money through sale of goods and services has liability to ensure the legality of goods/services and can not escape this on the ground that it wasnt their goods. Let Baazee charge for listings and not the commission on sale, the law would treat them as ISP, but then would they or ebay survive.


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