From Pluggd.in Forum: Filing a Copyright Claim against an Indian website

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Filing a Copyright Claim against an Indian website

Qn: What’s the best way to handle copyright issues in India? Of course I can contact a lawyer and have him handle it for me. But are there easier methods. For example, in the USA a DMCA takedown request will usually do the trick. Anything similar in India?  (by sameerparwani)

Answer: There is no obviously right thing to do here.  Some questions for you:
1. Do you want to proceed against your competitor, to get them to remove the content? or
2. Do you want to proceed against your competitor’s web host and tell them that they are hosting infringing material?

The second approach is supported under the severely-flawed free-speech nightmare law that we have right now in India (the Intermediary Guidelines Rules), and intermediaries have to comply with complaints within 36 hours (which they generally do, without examination as to the truth or validity of the claims in your complaint[1]).  I don’t believe that is the right thing to do, as they (or anyone else) could just send your web host / ISP / DNS provider false complaints that they will have to comply with under Indian law even without notifying you.

Does this Indian law apply to non-Indian service providers? Yes, according to the IT Act. Does this Indian law apply to non-Indian content? Yes, according to the IT Act.  So, it would seem, our law applies to the whole world, despite other countries’ laws applying only to that territory.  For instance, the DMCA only applies to the US, and not to the EU or India, etc.

The first, which is to go after the offender instead of the intermediary, I believe is the preferable option.  A cease and desist notice citing sections 14 and 51 of the Copyright Act should suffice.  Note that if you send a vexatious notice that you know to be false, then that too is a wrong under the Copyright Act. (@pranesh)

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– Don’t start a company unless it’s an obsession and something you love.

– If you have an exit strategy, it’s not an obsession

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What’s the best piece of advice you have ever received as an entrepreneur?

“Its never Business, its always personal.” [@harshamv]

“stop building and start selling what you already have” [@venkatk]

“Its not about how quick you make your first million, its about what you do to make your first million”  [@Divyesh]

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