STOP the takeover of the internet:give your suggestion to the copyright act.

the govt is inviting suggestion to the copyright act.once this act is passed it will comply with UN WIPO rules.meaning the act could have three strikes policy,isps disconnecting users who are using torrent and pirated material without due process .totally arbitrarily just like they can ban sites and tap your net,phones with IT act 2008
Urgent: Share Your Views On The Copyright Amendment Bill Within The Next 10 Days - MediaNama

"
We cannot emphasise more the importance of the Copyright (Amendment) Bill for the digital space in India. It impacts our business and yours – the creation and distribution of content, rights of authors, bloggers, photographers, publishers, search engines. It impacts the personal and private usage of music and video content on the Internet, freedom of speech, defines “fair usage” limits, establishes version recordings that would impact online and mobile singing competitions, distribution of educational documents, and rights to knowledge for the disabled, among many things.
What happened with the Information Technology Act in India must not be repeated – many of us were unsure of the provisions of the act; many still don’t know how exactly it impacts us, and it was passed in Parliament without debate.
The Copyright (Amendment) Bill 2010, introduced in the Indian Parliament last month, has been referred to a Parliamentary Standing Committee on Human Resource Development, which has requested citizens to submit their views and inputs within the next 10 days. Frankly, that’s too short a time for an Act of this significance.
We’re in the process of putting together a discussion on the implications of the proposed changes next week. In the meantime, you may download an easy to understand annotated copy of the Copyright (Amended) Bill here (pdf), by Pranesh Prakash of the Centre for Internet & Society. The Rajya Sabha’s official version is here.
Because it will govern your activities on the Internet and your business, please submit your views to the standing committee, to “Shri J.Sundriyal, Director, Rajya Sabha Secretariat, 141, First Floor, Parliament House Annexe, New Delhi- 110001. (Tel: 23034541 and Fax: 23793633) E-mail: sundrial@sansad.nic.in and rsc_hrd@sansad.nic.in”. If you wish:"


call them and tell them we need a liberal fair use policy meaning if i want to show some third party clip for educational purposes then it should constitute as fair use.

pin this for 10 days

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some other links
Indian Copyright Act may be amended soon - Online Best Latest Indian Copyright Act may be amended soon Price Reviews | Features in India
Importantly, the amendment also proposes that private & personal copying will be treated as 'fair dealing'. This interestingly allows users to break DRM (digital rights management) on their legally purchased content, as long as they are not violating copyright terms. This will allow them to move and use the content on various devices. Amazingly, this provision will also allow developers to make and sell tools to break DRM protection.
The ‘fair dealing’ provision on personal copying of DRM-protected content in India, if ratified, will make a lot of Indians very happy, as well as make a lot of people across the world very envious of them. Here’s to the Copyright Amendment Bill 2010 getting passed!


this is good but we need to remove 3 strike policy if it is added.without warrant the isp or police cannot arrest me for downloading torrents.torrent are legal.only the copyright torrents are illegal but if this act has the ACTA provision then its over.
Anti-Counterfeiting Trade Agreement - Wikipedia, the free encyclopedia
what is ACTA
https://youtube.com/watch?v=rrRuuSlCCOc


admin why are you not replying to my PMs?plz bring back the latest posts

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mgcalry can you tell me the effects of this indian copyright treaty and what effect will it have on isp's?

Importantly, the amendment also proposes that private & personal copying will be treated as 'fair dealing'. This interestingly allows users to break DRM (digital rights management) on their legally purchased content, as long as they are not violating copyright terms. This will allow them to move and use the content on various devices. Amazingly, this provision will also allow developers to make and sell tools to break DRM protection.
The ‘fair dealing’ provision on personal copying of DRM-protected content in India, if ratified, will make a lot of Indians very happy, as well as make a lot of people across the world very envious of them. Here’s to the Copyright Amendment Bill 2010 getting passed!

This is the only good part about this bill, India has managed not to screw this part atleast. Look at other european countries and USA regarding this part.

Regarding ISP using 3 strike policy and kicking off users that download pirated content, will it include just the "desi" stuff or all the foreign stuff too?

Can they cut you off for downloading movies produced in US too? AFAIK, Their copyright doesn't apply to us right? So all games, music etc copyright that have been produced outside aren't applicable to us?

I don't think ISP will be cutting off users unless there will be pressure from the government. The only use for internet for 75% our population is just to download movies and stuff. That will be like shooting themselves in the foot.

no you dont get it.the 3 stike policy is unconstitutional as it is done arbitarlity and the same thing is with IT act sec 69.in australia,europe ISP's who are sued by the MPAA and RIAA stand up for their customers and are proven not guilty by the court.In india its the opposite,if the govt says then the isp do it.its like a ceaser decree,no court order.

obama should be criminalized

---------- Post added at 10:40 AM ---------- Previous post was at 10:37 AM ----------

This is the only good part about this bill, India has managed not to screw this part atleast. Look at other european countries and USA regarding this part.

Regarding ISP using 3 strike policy and kicking off users that download pirated content, will it include just the "desi" stuff or all the foreign stuff too?

Can they cut you off for downloading movies produced in US too? AFAIK, Their copyright doesn't apply to us right? So all games, music etc copyright that have been produced outside aren't applicable to us?

I don't think ISP will be cutting off users unless there will be pressure from the government. The only use for internet for 75% our population is just to download movies and stuff. That will be like shooting themselves in the foot.

ISP's will also be saving on alot of bandwidth,this could be one of their reasons to ban users in INDIA.

much of the population is also on FACEBOOK and other social networking sites i don't really think they will shoot themselves in the foot.

There is no doubt that the most people use the Internet connection for downloading (movies, games, softwares, etc. ) and torrent is their favorite application. But the dark clouds of Anti Piracy had covered the US and entire europe. There is no doubt that it will arrive in India. If you are a torrent freak then do visit the site torrentfreak.com for latest news regarding torrent network and how anti piracy companies are targeting end user for downloading illegal torrents.I have read on this website that in Sweden if you download a pirated movie then you will receive a warning email and after three attempts they will put you in jail. I pray that this system will never introduced in India, otherwise Instead of ugly scar faces the Indian Jails will be filled with innocent computer freaks.

India is not a negotiator in the ACTA round of consultations, plus having gone through some of the suggested provisions of ACTA, I feel that its implementation in India is very tough, since most of its provisions violate one or the other Fundamental right, essentially privacy and 21. Bless u Manika Gandhi 🙂

mgcalry can you tell me the effects of this indian copyright treaty and what effect will it have on isp's?

I'm not a lawyer, but my stance on the subject as an ISP representative is that in the instance that we are served with a copyright infringement notice, we should would be as uncooperative as legally possible, hopefully causing such a delay that all records would be long-gone by the time the paperwork was actually completed - we should respond quickly to all requests, but at the same time the government departments will probably have huge backlogs and thus be able to respond quickly themselves.

As of now, the Indian government tells us that it can already track most of what happens online in real-time... obviously nothing specific - you're all just numbers until they see an anomaly.

Indian Copyright as it stands has historically been: Indian content should be protected. Foreign content we don't care about. This has been changing slowly not in your favour for about the past 7 years.

ACTA is bad. Very very bad. Very Anti-Consumer. Without appropriate laws to counter the ACTA treaty, this would put Indian Internet users in a very bad position.

From my reading of the amendment:


[*]It makes things like iPods illegal, because as we know, there is no iTunes store in India or even anything like that... (we're working on it though).
[*]It applies to all works, both foreign and domestic, so long as the copyright is registered
[*]Allows anyone who *might* have claim to the work to litigate (whether they are the copyright owner or not - this essentially means that instead of a notice from Warner Brothers themselves as the copyright owners, the RIAA could act on their behalf, for example).
[*]If the owner of a copyrighted work dies, someone else may apply to the copyright board to licence the work, essentially becoming the copyright owner (considering that the copyright lasts for 60 years, this creates huge allowances for trolling).
[*]Freedom to remix and remake songs etc is removed completely unless a license is granted.
[*]Huge increase in paperwork is required. If a licensed remix is made, the remixer must maintain records of all copies and pay royalties appropriately.
[*]
[/list]
Sections 51 & 52 of the act is the one we must look at most closely - what is and is not an infringement of copyright.

Section 51 remains largely unchanged, which is a good thing. Effectively, personal use is still theoretically OK. Just don't broadcast or resell the copyrighted work.

Section 52 has some changes: Any work that is NOT a computer program may be duplicated

[*]for personal use including research
[*]for criticism or review
[*]for the reporting of current events
[/list]
and this shall not constitute an infringement of copyright. The explanation says that "The storing of any work on an electronic medium for the purposes mentioned in this clause including the incidental storage of any computer programme which is in itself not an infringing copy for the said purposes shall not constitute an infringement of copyright".

For computer programmes, you are still allowed to make "backup copies" to prevent against loss.

So basically, if you download Windows 7, for example, and you do not have a licence key, and are not using it illegally (in other words, you yourself have not installed it with an illegal license key), then you are not infringing copyright. If you happen to hold a license for the software, then downloading it again from BitTorrent is not illegal, so long as the software version and edition is the same.

Section 52.1.b and 52.1.c is a little murky, I'm still trying to decode it to English from "legalese" but I think you are still allowed to do all types of file sharing so long as you can reasonably believe that the content you are transferring is not an infringing copy. For us as an ISP, we are not allowed to provide links to any works which may be infringing - so no torrent trackers and in theory no DC++ servers *on our equipment*. Since stuff like BitTorrent is encrypted, we can't really police the internet very effectively and thus we would still be largely not-liable.

The original Section 52.1.j has been removed... I think it takes away certain rights of reproduction.

The rest of the paragraphs up to Section 62 appear to be the same as the original act. What would be best for any defense would be to prove (per section 60) that the threat is groundless. In effect, you could stop them from every harassing you again, and they'd have to pay you a settlement.

The act does state that copyright cases are civil cases, not criminal. If anyone seeks damages, it's not the police that will come to your door unless it's to serve a summons. In theory they can't do anything as brash as to take away your equipment unless they suspect some criminal wrongdoing, which would be a different case altogether.

Section 63 and 64 are still intact, but now we get to section 65A, which are interesting.

Clause 1 says that *any person* who circumvents technological measures in order to infringe on any rights inferred by the act could be liable for up to 2 years imprisonment and a fine - in theory, this means if the RIAA does anything illegally, then whoever did that could in theory go to jail if they ever came to India.

But then Clause 2f says that they can circumvent technological measures in order to identify and spy on you. As this would likely be an international organization, this is very concerning.

Section 65B then essentially takes a bunch of the rights of consumers as outlined by previous sections of the act (even some of the amendments) in one foul swoop - and sends you to jail. Do not pass go, do not collect $200.

All in all, this could be very interesting both for us as an ISP and for the users, but the way I see it, this amendment should not be passed. Ever. And if it is passed, you should have a referendum to re-elect the government and have this amendment revoked, as is your constitutional and democratic right.

This is the only good part about this bill, India has managed not to screw this part atleast. Look at other european countries and USA regarding this part.

Regarding ISP using 3 strike policy and kicking off users that download pirated content, will it include just the "desi" stuff or all the foreign stuff too?

Can they cut you off for downloading movies produced in US too? AFAIK, Their copyright doesn't apply to us right? So all games, music etc copyright that have been produced outside aren't applicable to us?

I don't think ISP will be cutting off users unless there will be pressure from the government. The only use for internet for 75% our population is just to download movies and stuff. That will be like shooting themselves in the foot.

Indian Copyright as it stands has historically been: Indian content should be protected. Foreign content we don't care about. This has been changing slowly not in your favour for about the past 7 years.

If India were involved with ACTA, it would include all content produced in countries which are ACTA signatories.

no you dont get it.the 3 stike policy is unconstitutional as it is done arbitarlity and the same thing is with IT act sec 69.in australia,europe ISP's who are sued by the MPAA and RIAA stand up for their customers and are proven not guilty by the court.In india its the opposite,if the govt says then the isp do it.its like a ceaser decree,no court order.

If the basis for the case can be proven unconstitutional, it should not theoretically matter what new treaties are signed in to law unless the constitution itself is amended.

obama should be criminalized

---------- Post added at 10:40 AM ---------- Previous post was at 10:37 AM ----------



ISP's will also be saving on alot of bandwidth,this could be one of their reasons to ban users in INDIA.

much of the population is also on FACEBOOK and other social networking sites i don't really think they will shoot themselves in the foot.

It's not entirely Obama's fault... he's not perfect, but, I seem to remember most of this stuff starting with a previous US president.

There is no doubt that the most people use the Internet connection for downloading (movies, games, softwares, etc. ) and torrent is their favorite application. But the dark clouds of Anti Piracy had covered the US and entire europe. There is no doubt that it will arrive in India.

If you are a torrent freak then do visit the site torrentfreak.com for latest news regarding torrent network and how anti piracy companies are targeting end user for downloading illegal torrents.
I have read on this website that in Sweden if you download a pirated movie then you will receive a warning email and after three attempts they will put you in jail. I pray that this system will never introduced in India, otherwise Instead of ugly scar faces the Indian Jails will be filled with innocent computer freaks.

On the whole, one has to consider that piracy is a civil case, unlike theft which is a criminal case: piracy explained Piracy..explained

Torrents by and large are legal: the content that most people download is "not".

India is not a negotiator in the ACTA round of consultations, plus having gone through some of the suggested provisions of ACTA, I feel that its implementation in India is very tough, since most of its provisions violate one or the other Fundamental right, essentially privacy and 21. Bless u Manika Gandhi 🙂

Unfortunately that hasn't stopped it being legislated in my home country, where *if* anyone were actually to be identified, that would go fully against the NZ Privacy Act. Especially considering the requesting body is likely to be foreign, ISPs in NZ would be legally obliged to keep their records sealed.

That said, there is the possibility that someone dragged in to a case like this would end up bankrupt before anything else. In other words, some distant organization can screw up the life of someone in another country by screwing them over financially? Obviously they wouldn't then gain anything, but it makes people scapegoats - potentially innocent ones at that. Not something that anyone needs.

Because of ACTA, I consider myself very lucky that I no longer live in NZ, which has become a signatory to ACTA.

That said, if I did live there and the police showed up at my doorstep I could tell them to get off my privacy and probably sue both my ISP, Telecom NZ (owner of the Southern Cross cable NetGate) and the government because of NZ's strict privacy laws.

I could probably also file complaints against police for illegally entering my property and the High Court for making a civil case in to a criminal one (in reality, the police wouldn't be allowed to show up, but that doesn't seem to stop the RIAA/MPAA from getting them involved).

In India, I don't think that people have quite this much power. If it were legal, I would store all IP and customer information data in NZ only in order to protect user information - unfortunately this isn't a possibility.

I

As of now, the Indian government tells us that it can already track most of what happens online in real-time... obviously nothing specific - you're all just numbers until they see an anomaly.




can you tell me under what law?it violates fundamental right to privacy and telegraph act of 1885

I... I... I think my head is spinning... so, do we get to download torrents or not?... for home use/ personal use? :O

can you tell me under what law?it violates fundamental right to privacy and telegraph act of 1885

Like I said, your rights have slowly been eroded over the past 7 years or so. This always happens to civil liberties in the name of national security. Has no-one seen the parallels between the USA and India, just a few years apart?

I... I... I think my head is spinning... so, do we get to download torrents or not?... for home use/ personal use? :O

The first part of the act says basically yes, then clauses 65A and 65B say no.

The whole act is very contradictory and I just about had a seizure trying to read it - effectively there is much in the act which you could use in your defense, but then those two blanket clauses say "well, you should go to jail anyway. and probably have a fine significantly high enough to ruin you and your family".

Like I said. Very much suggest that you do NOT let these amendments pass.

well no one around here gives a shit. online privacy? it's a joke. people are happy as long they get to do what they want to do. and it won't be long before they are stopped from doing what they have been doing for so long.

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xkcd: Infrastructures

well no one around here gives a shit. online privacy? it's a joke. people are happy as long they get to do what they want to do. and it won't be long before they are stopped from doing what they have been doing for so long.

Aaaaaaaaaaaas I was saying, but by the time it's realized it may be too late.

Cant provide a decent internet connection but they want to dictate what we download. Why oh why do we elect morons.

LOL.....nothin of it wud happen in india....as pointed out abv most of the revenues for the INTERNET serice providers comes thro the users who subscribe to their HIGH PRICED (nd SUPPOSEDLY unlimited plans) only to download movies....nd other stuff......so if torrents are banned, most of the ppl wud downgrade their plan to a 250 or at max 500 plans.....there wud be very LESS TAKERS for the 799 onwards plans.....this wud mean lower revenues for all the ISPs nd inturn wud reduce the level of taxes they pady to the govt.....and neither of them wud want a cut in their revenues...... so i dont think the banning of ISPs would materialise atleast for domestic movies in india ....

Cant provide a decent internet connection but they want to dictate what we download. Why oh why do we elect morons.

Remember that a large percentage of India's voting population does not have and probably does not care about the Internet.

LOL.....nothin of it wud happen in india....as pointed out abv most of the revenues for the INTERNET serice providers comes thro the users who subscribe to their HIGH PRICED (nd SUPPOSEDLY unlimited plans) only to download movies....nd other stuff......so if torrents are banned, most of the ppl wud downgrade their plan to a 250 or at max 500 plans.....there wud be very LESS TAKERS for the 799 onwards plans.....this wud mean lower revenues for all the ISPs nd inturn wud reduce the level of taxes they pady to the govt.....and neither of them wud want a cut in their revenues...... so i dont think the banning of ISPs would materialise atleast for domestic movies in india ....

You'd be surprised what may get passed into law if you guys don't do something.

There are reasons other than piracy to have high-speed internet connections, especially in the business market, and this segment is where Bharti, Reliance & Tata get the most profit.

It's already true that a fairly decent chunk of the consumer market already spends less than Rs1,000 on their connections, so little would change either way, except it would put more strain on ISPs to police the net and so on and so forth.

For the most part, my impressions while talking with the big 3 about my own project is that they could hardly give a damn about consumers.

I may be wrong of course but when they can pick up Rs50k from a business for a 2Mbit/s leased line, why would they?