Piracy its a crime
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In the recent past we saw rampant violation of the copyright policy of the movie ‘Udta Punjab’ when it was distributed via internet before its actual release. The cyber cell of Mumbai Police on receiving the complaint from the deputy general manager (legal) of the Phantom Films Pvt Ltd. blocked the pirated version of the movie and arrested a man for illegally uploading the movie on his site. The movie was apparently uploaded on seven sites before its release. This brings us to the major issue which has been on a rise that is ‘Online piracy’.
Almost all of us are guilty of downloading a latest movie or any latest episode of say Game of Thrones from torrent or other similar websites. Are these downloads authorised? Is there any law which we are infringing? In the following blog post we shall dwell into all these questions and understand the law relating to such unauthorised downloads.
What constitutes Online piracy?
Online piracy is the term to elucidate the illegal act of duplication of licensed or copyright material from internet. There are three main piracy context- music, movie and software.
Piracy means unauthorised reproduction, importing or reproduction of the whole or any part of work protected by copyright. Through advancement of technology and broadband connection almost in all households the method of piracy has changed from physical reproduction and distribution to online distribution.
How rampant is online piracy in India?
- There was a study conducted by Evisional and Motion Pictures Association (MPA) which concluded that the online piracy for movie content is very significant in India. According to the study Indians form the largest group to download Indian copyright content from torrent sites. Delhi, Mumbai and Bangalore accounted for maximum level of illegal downloading.
Various case studies
Piracy in India is not a pretty new concept. It has been in India for quite a long time and has clinched in our system with deep roots. Initially piracy in film industry started with unauthorised DVDs and CDs. The cable operators started showing movies on TV without permission and now the latest trend is downloading and distributing. The film industry has however always tried their best to eradicate and protect their rights. Some of the cases are:-
The latest is the arrest of a 25 year old boy who allegedly uploaded the movie ‘Udta Punjab’ in his website for masses to download two days before the release. The cyber cell of Mumbai Police arrested him.
In a similar case the Tamil movie 'Enakku Innoru Per Irukku' which was uploaded on internet before its release. Musician-turned-actor G V Prakash Kumar filed a complaint to the Chennai police for early arrest of the accused.
In 2015 after the petition from the makers of Piku, Delhi High Court passed a piracy restraining ordersagainst websites and cable operators from streaming, broadcasting or publishing online the film Piku without permission.
In 2012, Kerala police arrested almost 1000 people for infringing the copyright of the movie ‘Bachelor Party’. These people were arrested for illegally uploading and downloading the film. The action was taken by the cyber cell of the Kerala police after a complaint was filed by the Thrissur based firm Movie Channel which bought the video CD, DVD rights.
In 2011, for the Bodyguard Moviecase, John Doe orders were passed by the Delhi High Court.
Is torrent illegal?
The answer to this question is a big NO. Torrenting has in the recent past proved to be an effective tool for peer to peer file sharing. The government only prohibitsdownloading or uploading any unauthorised material or any file which is infringing the copyright of the work. Otherwise, torrenting is always encouraged by many cyber experts.
Piracy is a big problem in India. The film industry suffers from a substantial amount of online piracy. The inclusion of DRM provision and the rampant John Doe orders have been effective to an extent. These provisions provide a digital platform to curb online piracy. But these provisions suffer territorial limitation. Many servers are based abroad and the failure of industry to provide legitimate media content abroad acts as another major motivation for downloading contents through illegitimate means. The industry should adopt new method and make use of technological advancement to provide access to all consumers of the Indian movies through inexpensive, safe and legitimate routes.
- This is the site from which pepeop vac dodownlo the latest movies.
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