Consilience 2010 | A Conference on Internet intermediary liability in India | May 29-30, 2010 | Bangalore

1. Consilience 2010 Internet intermediary liability in India “Beyond Section 79” Apar Gupta Partner

2. 1. Intermediary Litigation Trends

3. 2. Safe Harbor Provision(s)

4. 3. Courts will go ‘beyond Section 79’

7. 1974

8. FOREIGN EXCHANGE REGULATION ACT

9. 60%

10. 1977

11. Exit India

12. Identifiable Patterns

13. ONElegal uncertainty risks

14. TWOcompliance costs exceeds market benefits

15. THREEcompliance conflicts with the central ethos

16. Exit India

17. Are we promoting the same legal climate ?

18. 1. Intermediary Litigation Trends

19. A. Intellectual Property Litigation

20. Trademarks

21. Exit

24. Copyright

28. B. Sensitivity Litigation

29. Pornography

32. Defamation

34. Community and Leaders

37. 2. Uncertainty on Section 79

38. a success

40. an arrest

42. an amendment

44. “The combined interpretation of Sections 79 and 81 of the amended IT Act has been discussed on SpicyIP in quite a few posts with the comments equally providing a lot of food for thought. Some of us argue that the proviso to Section 81 has the effect of depriving an ISP of the exemption to liability available under Section 79 and a few others are of the opinion that the proviso only clarifies that rights available to any party under the Copyright Act will not be nullified by any provision of the IT Act. It will be interesting to watch how the Court interprets these provisions.”J. Sai Deepak

45. I think a great many practical absurdities will result by applying legal logic strictly. Which is why I believe that we (or at least I) need to think through the issue of primary liability of intermediaries more carefully. PraneshPrakash An Amendment (substiution)

46. indeterminacy

47. legal uncertainty risks

48. 2010 instead of 2004

50. no bar to suits/criminal cases

51. civil cases shotgun pleadings

52. civil cases ORDER 39 Rules 1 and 2

53. criminal cases more 3 years non-bailable section 77B

54. criminal cases apply for bail section 67 IT Act, 292 and 294 IPC

55. criminal cases passport will be impounded conditions for grant of bail

56. criminal cases personal attendance conditions for grant of bail

57. trial

58. evidence

59. civil cases dismissal of Suit Order 7, Rule 11

60. criminal cases quashing of FIR / Charges Section 482 of the Cr.Pc.

61. equitable relief in the interim

62. 3. Courts will go ‘beyond Section 79’

63. indeterminacy

64. beyond section 79

65. 1. exemptions will be strictly construed

66. 2. inherent passivity

67. 3. compliance alacrity

68. inherent passivity Section 79 (2)(a), (b) and 3(a)

69. compliance alacrity Section 79 (2)(c) and 3(b)

70. 4. bad actors will be punished

71. I admit

72. It is still hazy

73. but some issues are clear

74. ONElegal uncertainty risks

75. uncertainty will have chilling effects

76. VC funding may be hit

77. the dangers of litigation

78. TWOcompliance costs exceeds market benefits

79. THREEcompliance conflicts with the central ethos

81. exit india

86. thank you apar@accendolaw.com