YouTube obliged not to host law violating videos: Delhi HC

Sushubh

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If YouTube has to obey the laws of every country worldwide, we would be left with only cat videos on the service. Unless some country has laws against that as well.

The problem here is bigger. Why is it illegal to crack the encryption of the set top boxes? The boxes are not rented to the customer from what I understand. What they do with their boxes is their headache. Uploading pirated content is and should be illegal. But cracking of set top boxes that you own should not be.
 

Saurabh Srivastava

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10.6 All Tata Sky hardware will at all times remain the property of Tata Sky and ownership cannot be transferred. The Tata Sky hardware cannot be moved from the Address without Our prior written consent, for any purpose whatsoever
Page 9/16
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I guess all TS hardware means dish+STB.
 


Sushubh

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If you are paying full price for the hardware and company does not replace it for free if it goes bad. I do not think this clause in their terms of use would stand much if someone was to file a court case. But then you can never tell with Indian courts. If they are renting you the hardware, you would not be paying them the full price. They cannot own the hardware when they charge you the full price of the hardware no matter what they include in terms and conditions.
 

Sushubh

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I am also confused about what law is being broken here. Is it illegal in the country to tamper with electronic equipments? Is changing the tuning of a car engine illegal? Is opening of a hardware product to tinker with it illegal? What exactly is the law that is being violated when you break the encryption of Tata Sky STBs?
 

Sushubh

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here's hoping that this issue escalates into something big and there is some clarification about laws relating to tampering of electronic equipment. i mean a smartphone company should be able to decide if rooting their products is legal or illegal in the country.
 


Saurabh Srivastava

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I assume this must be mentioned in CAF in the very small font size so people often missed to read it.But it is weird to use law to force YT to remove that video though they hold the right to sue that customer who broke encryption of their STB if it remains the property of TS
 

SVK

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I guess tampering with hardware should be ok, but if someone is hacking into STB, and watching TV channels which he is not authorised to, and going further putting this hacking information online, should be considered illegal.
At least websites like Google/YouTube should not host such illegal content (there may be other websites which has such hacking content), and remove them if somebody complains.
 

Sushubh

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If tampering of hardware is not illegal, tutorials for the same shouldn't be as well. As long as the actual copyrighted content is not uploaded online, it should be perfectly legal. This is like saying, you cannot upload guides on how to use bittorrent because people can pirate using bittorrent.
 

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