On our request, the Internet and Mobile Association on India, which represents (as of last year) at least 77 Internet and Mobile companies in India, has shared with us their comments on the Copyright (Amendment) Bill 2010. A brief summary of their comments (as summarised by us) is as follows, and we're pleasantly surprised that quite a few points resonate with our recommendations: 1. Intermediary Liability: The IAMAI has suggested that the Copyright Act must limit the liability on Internet intermediaries, protecting them from unust claims, treating ISPs as "mere hosts and conduits", with no obligation to monitor third party material, nor any general obligation to police infringing activity. They've also suggested that an ISP should be held liable only if it has knowledge of the infringing activity and "has failed to remove the infringing material on receiving a lawfully sufficient notice from the concerned content owner or if it induces, causes, or materially contributes to the infringing conduct of another." 2. Take Down Mechanism: "Internet intermediaries should not be held responsible for words they didn't write, pictures they didn't take, or videos they didn't create. One method to balance the concerns of rights-holders is that in any event before an ISP is held liable an effective Notice and Takedown ("NTD") mechanism should be followed. This consists of a scheme where the parties hosting content agree to remove content in case of a legitimate notice by the content owner. It has the advantage of reducing high costs of litigation by…
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