On Piratbyrån
Via: Jeebesh
DPS MMS scandal: SC stays proceedings against eBay, its chief
Via: "Prashant Iyengar"
http://www.business-standard.com/india/printpage_sam.php?autono=332573
DPS MMS scandal: SC stays proceedings against eBay, its chief
Press Trust Of India / New Delhi August 26, 2008, 0:40 IST
The Supreme Court today stayed the proceedings against auction portal
eBay India Pvt Ltd and its chief Avinash Bajaj for allegedly
permitting sale of an MMS clip showing two school students from a
Delhi school indulging in a sexual act.
A bench headed by Justice Altamas Kabir, while issuing notice to the
Delhi government, stayed the proceedings under Sections 67 and 85 of
the Information Technology Act, 2000.
While Section 67 bans publishing obscene information in electronic
form, Section 85 allows the prosecution of a person responsible for
the business of a company over violations.
Bajaj, the then managing director of baazee.com (now Ebay India Pvt
Ltd), was arraigned for allowing the MMS clip, recorded on a mobile
phone camera, to be uploaded on the company's auction site in 2004.
Bajaj, a US citizen, had subsequently sold baazee.com to eBay in 2004.
Challenging the Delhi High Court judgment that quashed proceedings
under the India Penal Code on May 29 but permitted prosecution under
the I-T Act, Bajaj contended that mere listing could not be construed
as a crime under the act.
Bajaj in his petition stated that Section 67 of the Act does not
define the term obscenity and thus liability cannot be fixed on him
for merely listing of the 2.37-minute video clip even if it was
obscene. "Even assuming that the video clip is obscene, mere 'listing'
cannot be obscene for the purpose of Section 67 of the Act merely
because the video clip may be obscene," he said while seeking quashing
of all the proceedings against him.
http://www.business-standard.com/india/printpage_sam.php?autono=332573
DPS MMS scandal: SC stays proceedings against eBay, its chief
Press Trust Of India / New Delhi August 26, 2008, 0:40 IST
The Supreme Court today stayed the proceedings against auction portal
eBay India Pvt Ltd and its chief Avinash Bajaj for allegedly
permitting sale of an MMS clip showing two school students from a
Delhi school indulging in a sexual act.
A bench headed by Justice Altamas Kabir, while issuing notice to the
Delhi government, stayed the proceedings under Sections 67 and 85 of
the Information Technology Act, 2000.
While Section 67 bans publishing obscene information in electronic
form, Section 85 allows the prosecution of a person responsible for
the business of a company over violations.
Bajaj, the then managing director of baazee.com (now Ebay India Pvt
Ltd), was arraigned for allowing the MMS clip, recorded on a mobile
phone camera, to be uploaded on the company's auction site in 2004.
Bajaj, a US citizen, had subsequently sold baazee.com to eBay in 2004.
Challenging the Delhi High Court judgment that quashed proceedings
under the India Penal Code on May 29 but permitted prosecution under
the I-T Act, Bajaj contended that mere listing could not be construed
as a crime under the act.
Bajaj in his petition stated that Section 67 of the Act does not
define the term obscenity and thus liability cannot be fixed on him
for merely listing of the 2.37-minute video clip even if it was
obscene. "Even assuming that the video clip is obscene, mere 'listing'
cannot be obscene for the purpose of Section 67 of the Act merely
because the video clip may be obscene," he said while seeking quashing
of all the proceedings against him.
Olympics telecast: Prasar Bharati goes to court
Via: "Prashant Iyengar"
http://www.indianexpress.com/printerFriendly/352318.html
Olympics telecast: Prasar Bharati goes to court
Krishnadas Rajagopal
Posted online: Saturday, August 23, 2008 at 0059 hrs IST
New Delhi, August 22
A complaint from Prasar Bharati against private TV channels for
"encroaching" on exclusive broadcast rights to the Beijing Olympics
2008 saw the Delhi High Court stepping in to restore order. The public
broadcaster's challenge in the High Court has found many of the
channels on the backfoot with at least six of the 13 media houses sued
going on to assure Justice Reva Khetrapal on Thursday to "deal fairly"
with the Doordarshan footages of the Olympic events.
The public broadcaster alleged that "commercial exploitation" by
private media has put to risk its $3 million-worth purchase of
exclusive television and radio rights of the Olympic Games. "Due to
wrong, illegal acts and infringement of our exclusive rights by the 13
TV channels, Doordarshan, which paid huge amount of Rs 13 crore,
besides operational costs for purchase of licence has suffered huge
damages not only in terms of money but skill too," said Doordarshan
which moved the High Court on an urgent basis, citing that the Games
is drawing to a close on August 24.
The channel lawyers on August 21 submitted before Justice Khetrapal
that "they will not telecast the footage of the Olympic events except
insofar as the telecast is consistent with fair dealing". "Fair
dealing means reasonable usage of Olympic footage for the purpose of
news bulletins alone," explained Prathipa Singh, one of the counsel
for the private channels.
"The defendants (media houses) have been found not only using the
footage of the Olympic events from Doordarshan, but also making undue
gains and profits by selling of commercials and advertisement space
and time before, after and even during the broadcast of such footage,"
contended Bharati. The broadcaster has tentatively ascertained its
damages so far at Rs 25 lakh.
Doordarshan had sought an order for permanent injunction against 13 TV
channels, the International Olympic Committee and the Asia Pacific
Broadcasting Union entity from which Doordarshan had bought the
exclusive rights on April 27, 2007.
"In fact some of the channels have used to an extent of over 17,000
seconds a day, even others are not far behind," the public broadcaster
said. "Doordarshan's footage were repeated by the defendants
throughout the whole day, time and time again, and not limited to once
in a while as a news item," it added.
http://www.indianexpress.com/printerFriendly/352318.html
Olympics telecast: Prasar Bharati goes to court
Krishnadas Rajagopal
Posted online: Saturday, August 23, 2008 at 0059 hrs IST
New Delhi, August 22
A complaint from Prasar Bharati against private TV channels for
"encroaching" on exclusive broadcast rights to the Beijing Olympics
2008 saw the Delhi High Court stepping in to restore order. The public
broadcaster's challenge in the High Court has found many of the
channels on the backfoot with at least six of the 13 media houses sued
going on to assure Justice Reva Khetrapal on Thursday to "deal fairly"
with the Doordarshan footages of the Olympic events.
The public broadcaster alleged that "commercial exploitation" by
private media has put to risk its $3 million-worth purchase of
exclusive television and radio rights of the Olympic Games. "Due to
wrong, illegal acts and infringement of our exclusive rights by the 13
TV channels, Doordarshan, which paid huge amount of Rs 13 crore,
besides operational costs for purchase of licence has suffered huge
damages not only in terms of money but skill too," said Doordarshan
which moved the High Court on an urgent basis, citing that the Games
is drawing to a close on August 24.
The channel lawyers on August 21 submitted before Justice Khetrapal
that "they will not telecast the footage of the Olympic events except
insofar as the telecast is consistent with fair dealing". "Fair
dealing means reasonable usage of Olympic footage for the purpose of
news bulletins alone," explained Prathipa Singh, one of the counsel
for the private channels.
"The defendants (media houses) have been found not only using the
footage of the Olympic events from Doordarshan, but also making undue
gains and profits by selling of commercials and advertisement space
and time before, after and even during the broadcast of such footage,"
contended Bharati. The broadcaster has tentatively ascertained its
damages so far at Rs 25 lakh.
Doordarshan had sought an order for permanent injunction against 13 TV
channels, the International Olympic Committee and the Asia Pacific
Broadcasting Union entity from which Doordarshan had bought the
exclusive rights on April 27, 2007.
"In fact some of the channels have used to an extent of over 17,000
seconds a day, even others are not far behind," the public broadcaster
said. "Doordarshan's footage were repeated by the defendants
throughout the whole day, time and time again, and not limited to once
in a while as a news item," it added.
Download illegally - go to jail. Download legally - go to jail too!
Via: Patrice Riemens
Dutch court makes legal status of downloading music even more convoluted.
(translation from an article in the NRC-Handelsblad daily, Friday august
22, 2008.)
Want to listen to Coldplay through the '3voor12' (3to12) website? That's
OK, as VPRO (a Dutch broadcasting association) has cleared the rights with
the national authorsrights body Buma. But only in the Netherlands!
Accessing the same website from Germany is illegal: the license doesn't
cross the border. This at least is what a court in Haarlem ruled this
week. The judge decided that Buma was not allowed to license the access to
online music outside the Netherlands. A fast track court case had been
brought forward by the British Performing Right Society (PRS) against
Buma. They demanded Buma be prevented from granting licenses to their own
repository, eg songs by Coldplay, if the sites could be accessed from
outside the Netherlands.
The outcome of this ruling might be that owners of music websites must now
apply to each and every national authors rights agency for permission to
make songs available.
(A fine mess indeed...)
Dutch court makes legal status of downloading music even more convoluted.
(translation from an article in the NRC-Handelsblad daily, Friday august
22, 2008.)
Want to listen to Coldplay through the '3voor12' (3to12) website? That's
OK, as VPRO (a Dutch broadcasting association) has cleared the rights with
the national authorsrights body Buma. But only in the Netherlands!
Accessing the same website from Germany is illegal: the license doesn't
cross the border. This at least is what a court in Haarlem ruled this
week. The judge decided that Buma was not allowed to license the access to
online music outside the Netherlands. A fast track court case had been
brought forward by the British Performing Right Society (PRS) against
Buma. They demanded Buma be prevented from granting licenses to their own
repository, eg songs by Coldplay, if the sites could be accessed from
outside the Netherlands.
The outcome of this ruling might be that owners of music websites must now
apply to each and every national authors rights agency for permission to
make songs available.
(A fine mess indeed...)
Bangaloreans Say No to Software Patents
Via: "Anivar Aravind"
Bangaloreans Say No to Software Patents
http://fci.wikia.com/wiki/Say_No_To_Software_Patents/PressRelease
On 23rd August, 2008, a group of Bangaloreans is to gather outside
Town Hall to protest software Patents under the aegis of Free Software
Users Group, Bangalore at 5.30 PM.
This protest comes in the wake of attempts by the Indian Patent Office
to push software patents, despite the same having been rejected
categorically by the Parliament of India in March, 2005. At that time
a particular lobby had tried pushing Patents for Software through a
Presidential Ordinance. This having fallen through, software patents
are now being pushed through the back door in the form of a manual
ostensibly to help people file patents.
While the draft in circulation glosses over the fact that software is
not patentable in law, it instructs people that software patents can
be filed in combination with hardware. The manual is trying to permit
something that is explicitly forbidden by the Indian Patent Act, 2005.
Further, it is amusing the way the manual tries to get around the
legal obstacle posed by the Patents Act, by positing a category of
"software in combination with hardware" . It leads one to wonder
whether software can exist independent of hardware
In this regard, former Supreme Court Judge, Justice V. R. Krishna Iyer
has commented that "neither the controller nor the central government
has authority or sanction of law to publish a manual of the kind put
on the website".
The Free Software Users Group also would like to point out that
software is a form of knowledge and software patents would amount to
propertisation of knowledge and would be detrimental to the pace at
which software is growing. Software patents further kill innovation
and competition and turn software publishing into the privilege of a
few. As software today pervades all walks of life, any dent in the
pace of its growth would have a cascading effect on the economy in
general.
The Free Software Users Group also would like to point out to the
lobby that is trying to push for software patents through the back
door that;
* Software is already protected under copyright law, and no
additional protection either to individuals or industries is required
* Hardware innovations are already patentable under the regular
innovations; therefore all innovators are already covered
* The current ICT revolution happened with science and technology
under public domain and it is important for the growth of software
that this remains so.
For Free Software users Group Bangalore
1. Anivar Aravind +92 9449009908 /080 23435606
2. Praveen A +91 9986348565
3. Renuka Prasad +91 9901945674
4. Vikram vincent +91 9448810822
PDF Version: http://fci.wikia.com/wiki/Image:Bangaloreans_Say_No_to_Software_Patents.pdf
Event Posters http://fci.wikia.com/wiki/Say_No_To_Software_Patents#Candle_Light_Vigil
Digg it http://digg.com/tech_news/Bangaloreans_Say_No_to_Software_Patents
Vote for it : http://www.fsdaily.com/Community/Bangaloreans_Say_No_to_Software_Patents
Bangaloreans Say No to Software Patents
http://fci.wikia.com/wiki/Say_No_To_Software_Patents/PressRelease
On 23rd August, 2008, a group of Bangaloreans is to gather outside
Town Hall to protest software Patents under the aegis of Free Software
Users Group, Bangalore at 5.30 PM.
This protest comes in the wake of attempts by the Indian Patent Office
to push software patents, despite the same having been rejected
categorically by the Parliament of India in March, 2005. At that time
a particular lobby had tried pushing Patents for Software through a
Presidential Ordinance. This having fallen through, software patents
are now being pushed through the back door in the form of a manual
ostensibly to help people file patents.
While the draft in circulation glosses over the fact that software is
not patentable in law, it instructs people that software patents can
be filed in combination with hardware. The manual is trying to permit
something that is explicitly forbidden by the Indian Patent Act, 2005.
Further, it is amusing the way the manual tries to get around the
legal obstacle posed by the Patents Act, by positing a category of
"software in combination with hardware" . It leads one to wonder
whether software can exist independent of hardware
In this regard, former Supreme Court Judge, Justice V. R. Krishna Iyer
has commented that "neither the controller nor the central government
has authority or sanction of law to publish a manual of the kind put
on the website".
The Free Software Users Group also would like to point out that
software is a form of knowledge and software patents would amount to
propertisation of knowledge and would be detrimental to the pace at
which software is growing. Software patents further kill innovation
and competition and turn software publishing into the privilege of a
few. As software today pervades all walks of life, any dent in the
pace of its growth would have a cascading effect on the economy in
general.
The Free Software Users Group also would like to point out to the
lobby that is trying to push for software patents through the back
door that;
* Software is already protected under copyright law, and no
additional protection either to individuals or industries is required
* Hardware innovations are already patentable under the regular
innovations; therefore all innovators are already covered
* The current ICT revolution happened with science and technology
under public domain and it is important for the growth of software
that this remains so.
For Free Software users Group Bangalore
1. Anivar Aravind +92 9449009908 /080 23435606
2. Praveen A +91 9986348565
3. Renuka Prasad +91 9901945674
4. Vikram vincent +91 9448810822
PDF Version: http://fci.wikia.com/wiki/Image:Bangaloreans_Say_No_to_Software_Patents.pdf
Event Posters http://fci.wikia.com/wiki/Say_No_To_Software_Patents#Candle_Light_Vigil
Digg it http://digg.com/tech_news/Bangaloreans_Say_No_to_Software_Patents
Vote for it : http://www.fsdaily.com/Community/Bangaloreans_Say_No_to_Software_Patents
Bengalureans to come out with candles against monopolising knowledge
Via: "Anivar Aravind"
Free Software User Group Bangalore is organising candle light vigil to
say no to software patents on 23rd Saturday.
Software patents are rejected by Indian Parliament in 2005 (Patent
Amendment bill 2005). But Indian Government is now trying to push it
through back door by bringing a Patent manual. Public consultations on
this draft manual is going on in various metros in India. Bangalore
Consultation is scheduled for the last week of August.
The Candle light vigil to "Say No To Software Patents" is a occasion
to raise civil society voice against this back door trojan to Indian
patent system. Software Patents kills innovation & competition.
Patents turn software publishing into the privilege of a few. Software
is a key technology that is important to every company, every public
administration, and every household. Therefore, everything that makes
the software industry ill has effects on the entire organism, on all
aspects of the economy and society.
More details here
http://fci.wikia.com/wiki/Say_No_To_Software_Patents#Candle_Light_Vigil
Invite your facebook friends at
http://www.new.facebook.com/event.php?eid=27662916862
http://upcoming.yahoo.com/event/1022228
Anivar
Free Software User Group Bangalore is organising candle light vigil to
say no to software patents on 23rd Saturday.
Software patents are rejected by Indian Parliament in 2005 (Patent
Amendment bill 2005). But Indian Government is now trying to push it
through back door by bringing a Patent manual. Public consultations on
this draft manual is going on in various metros in India. Bangalore
Consultation is scheduled for the last week of August.
The Candle light vigil to "Say No To Software Patents" is a occasion
to raise civil society voice against this back door trojan to Indian
patent system. Software Patents kills innovation & competition.
Patents turn software publishing into the privilege of a few. Software
is a key technology that is important to every company, every public
administration, and every household. Therefore, everything that makes
the software industry ill has effects on the entire organism, on all
aspects of the economy and society.
More details here
http://fci.wikia.com/wiki/Say_No_To_Software_Patents#Candle_Light_Vigil
Invite your facebook friends at
http://www.new.facebook.com/event.php?eid=27662916862
http://upcoming.yahoo.com/event/1022228
Anivar
Next1-10/22