Intermediary Liability for Online Copyright Infringement - A Recipe for Killing the Internet - A Comparative Analysis of the Law in Us and India

Abstract

The Internet with which we are all familiar is a colossal network of computer networks. As we look back upon the late twentieth century, the growth of the Internet will be listed as one of mankind's greatest technological achievements. The amazing capability of the Internet to promote the exchange of knowledge, information, and ideas on a universal scale has surely revamped the way people intermingle. As the internet has grown, the problem of online infringement of intellectual property rights has assumed gigantic proportions and developed into an economically major issue. In this scenario, this paper: 1. Defines an Intermediary2. Draws the basis for Intermediary liability3. Analyses the legal standards of liability of Intermediary in US Pre and Post DMCA regime in US4. Examines the provisions of the Copyright Act, 2012 and compares it with the law under Copyright Act 1957