Delhi High Court orders for blocking of 219 websites infringing SONY’s FIFA rights

Multi Screen Media Private Limited (formerly SONY) approached Delhi High Court in the month of June 2014 restraining file sharing website from infringing their FIFA rights. SONY submitted that they have exclusive Broadcasting rights for India and neighboring countries (that includes Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Srilanka) and the FIFA world cup matches are being shown LIVE on six channels but their rights are infringed over the Internet as the Videos are being freely shared over file sharing websites including uploadable.ch, divxstage.eu, torrenthound.com, nowvideo.sx, limetorrents.com, torrentfunk.com, torrents.net, thepiratebay.org, torlock.com, movshare.net, thetorrent.org, and son on. Initially, SONY submitted a list of 472 websites, which was later on revised to 219 websites as poer 01 July order.

Medianama.com very rightly reports as follows as to original list of 472 websites:

Before passing such an order, we wonder if any one actually checked the websites ?

– The fact that URL shorteners and Google Docs are in the list is unexplainable.
– While checking the sites at random, we also noticed that nubestream.com was shut down earlier, due to a change in Spanish laws (as per a notice on its website). How new is this list?
– Some of the sites (perhaps some of the telugu content sites) might be violating copyright but they don’t specifically violate MSM’s copyright.
– What about protection under the IT Rules? Upload and file storage sites are intermediaries, and should not be held responsible for the content that their users upload.

So, is this a list of actual sites that infringe MSN’s copyright or is it a random list of file-sharing sites compiled by them? Of course, this is not to suggest that there weren’t actual football live streaming sites in the list, but this collateral damage is hard to justify.”

This is very true, how you can justify blocking of website like Google Docs. Which now though have been removed from the list. And so the question has been perfectly asked above: How new was the original list ???

The revised list of website blocked as per Delhi High Court order originally is as follows:

List of Websites (compiled by Markscan on behalf of MSM)

uploadable.ch
divxstage.eu
torrenthound.com
nowvideo.sx
limetorrents.com
novamov.com
torrentfunk.com
torrents.net
thepiratebay.org
torlock.com
movshare.net
thetorrent.org
nowdownload.ch
sockshare.com
torrage.com
sumotorrent.sx
ryushare.com
1337x.to
filesbomb.in
seedpeer.me
ukcast.tv
ezcast.tv
xuscacamusca.se
filesfrog.net
glotorrents.com
stadium-live.com
tvembed.com
u-peak.me
crichd.in
zonasports.to
softsportstv.eu
sports-x.net
sportz-hd.eu
totbed.edu
tvembed.eu
tv-porinternet.com
vipbox.co
vtv4u.eu
whoopwhoop.tv
cdn.playwire.com
embedupload.com
1fichier.com
crocko.com
uppit.com
solidfiles.com
bayfiles.com
tusfiles.net
bitshare.com
mega.co.nz
share-online.biz
ul.to
mightyupload.com
uploaded.net
freakshare.com
safelinking.net
terafile.co
fileom.com
d01.megasgares.com
dizzcloud.com
fileparadox.in
k2s.cc
sharerpo.com
fcore.eu
mega-vids.com
4upfiles.com
luckyshare.net
cloudyvideos.com
movzap.com
vertor.eu
nosvideo.net
vidxden.com
vidspot.net
freshvideo.net
vidbux.com
vidplay.net
vidup.me
video.tt
modovideo.com
youwatch.org
videoweed.es
torrentz.sx
thepiratebay.se.unblock.to
uptobox.com
torrentdownload.ws
btmon.com
thepiratebay.se
bthunter.org
1337x.org
swankshare.com
torrentz.dj
torrentz.am
torcache.kickassunblock.net
ontohinbd.com
barcelonastream.com
hdembed.com
s247.tv
sambasoccer.pw
skysports.tv
megafiles.se
exashare.com
primeshare.tv
uploadc.com
epicshare.net
thefile.me
nosupload.com
uploadsat.com
shareflare.net
letitbit.net
unlimitzone.com
uploadrocket.net
secureupload.eu
hulkfile.eu
filehoot.com
usefile.com
hitfile.net
jheberg.net
dl.free.fr
sharebeast.com
vshare.eu
megafilesfactory.com
videobam.com
sharexvid.com
vidzi.tv
streamin.to
thevideo.me
vidzbeez.com
divxstream.net
videowood.tv
hostingbulk.com
slickvid.com
videomega.tv
torrentz.to
dev.torrentz.pro
piraattilahti.org
torrentz.asia
kickasstorrents.com.in
desistreams.tv
streamhd.eu
filestube.to
kickassunblock.net
0dian8.com
114nba.com
360bo.com
51live.com
antibookers.ru
atdhe.eu
atdhe.so
atdhe.xxx
atdhe24.net
azhibo.com
coolsport.tv
tvole.com
drakulastream.eu
esportesaovivo.com
feed2all.eu
gooool.org
hahasport.com
neolive.net
kanqiu.tv
livesport4u.com
livetv.sx
meczelive.tv
megatvonline.co (redirect to vertvaovivo.biz)
epctv.com
fancylive.com
feed2all.eu
firstrows.biz
firstrowsports.ge
footballhd.ru
freefootball.ws
freelivefussball.de
freelivesport.eu
futbolarg.tv
footballsinlimites.pw
goatd.net
funkeysports.com
hdstreams.tv
iraqgoals.in
lesoleildelanuit.wf
life-sport.org
max-deportv.com
megaviptv.net
milloxtv.me
nowwatchtvlive.com
online–soccer.eu
premier-league-live.net
real-tv-sport.com
soccertoall.net
katshore.org
p2p-hd.com
qmzhibo.com
rojadirecta.me
sport5online.com
sportiemon.ge
sportlemontv.eu
sportp2p.com
feed4u.net
tvonlinexat.com
usagoals.tv
vipbox.net
vipboxuk.co
24livestreamtv.com
atdhe.ge
atdhe.sx
atdhe.ws
bongdatructuyen.info
bongdatructuyen.vn
bongdatv.net
bongdaup.com
majika.biz
btvsports.com
capodeportes.net
catedralhd.tk
desportogratis.com
dinozap.com
streamking.org
tructiepbongda.com
tv-link.in
vipracing.co.in

Delhi High Court orders in the matter:

-> 23 June 2014
-> 01 July 2014

Video: Cyber crime case in Hyderabad

Software expert tried to take revenge against a women, who turned down his marriage proposal, falls into cyber crime cell net. Engineer had put obscene profiles of the victim on various networking sites like Facebook and Orkut and also sent letter through post containing morphed pictures of the girl, with written message in Telgu, which formed the basic evidence and led to his arrest by Hyderabad Police.

He would be punished under various provisions of Information Technology Act, especially section 67, which provides for publishing of obscene material in electronic form and Indian Penal Code !

Video by NewsX.com

Ministry of Corporate Affairs introduces e-stamping

MCA notification

All stakeholders are hereby informed that the provisions regarding stamp duty payment on Form No. 1, Memorandum of Association, Articles of Association, Form No. 5 and Form No. 44 electronically, at the time of their e-filing through MCA portal (www.mca.gov.in) in respect of the States and Union Territories mentioned below, shall be mandatory with effect from 01st April 2010. Please refer Notifications Number GSR 642(E) and SO 2276(E) dated 07-09-2009 and SO 3314(E) dated 31-12-2009 issued by the Ministry.

List of States and Union Territories:

Andaman and Nicobar Islands, Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Delhi, Gujarat, Haryana, Jharkhand, Karnataka, Kerala, Lakshadweep, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Orissa, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh, Uttarakhand and West Bengal.

Notification: http://www.mca.gov.in/Ministry/notification/pdf/GSR_642%28E%29_9Sept2009.pdf

In the Companies (Electronic Filing and Authentication of Documents) Rules, 2006, in rule 3, in sub-rule (1), after the proviso, the following proviso shall be inserted, namely :-

“ Provided further that if stamp duty on such documents is paid electronically through Ministry of Corporate Affairs portal www.mca.gov.in, in such case, the company shall not be required to make physical submissition of such documents, in addition to their submission in the electronic form:

Provided also that in respect of certain documents filed under the Companies Act, 1956 which are not covered for payment of stamp duty through Ministry of Corporate Affairs portal, and stamp duty payable on such documents in respective state is equal to or less than one hundred rupees, the company shall scan such stamped documents
complete in all respects and shall file electronically for evidencing by the Registrar and shall not be required to submit such documents, except those which are required to be filed for compounding of offences under clasue (a) of sub-section (4) of section 621A of the Companies Act, 1956, in the physical form separately:

Provided also that the company shall retain such documents duly stamped in original for a minimum period of three years from the date of filing of such documents and shall be required to produce the same as and when the same is required for inspection and verification by the competent authority being the Collector of Stamps of respective State or Union territory or the Registrar”.

Indian Web Portal Wars – Data Theft Alleged

The beginning of 2010 saw some of the Big portals complaining about Data Theft and took legal recourse… first matter was between Travel Portals – Travelocity.co.in V. ClearTrip.com and secondly between Yellow Pages – JustDial V. Infomedia (network 18 group).

In the Travel Portal matter, Travelocity has filed an FIR with Gurgaon Poilce against CEO, Cleartrip and former MD of Desiya alleging criminal breach of trust, data theft, cheating, criminal misappropriation and criminal conspiracy. Copy of FIR reads as follows:

“Taneja had allegedly passed on the company’s intellectual property, trade secrets, sensitive data, proprietary technology source codes, their entire hotel business model and projections to Crighton including an excel file named ‘Hotels Growth Model.xls’. It further states that Taneja was terminated from Desiya on 19th September 2009.”

It is further alleged that as a result of the Data Theft, Travelocity is expected to see sharp fall in revenues upto 15%, i.e. approx Rs 200 million in the next year. (source)

In the second such matter, it is reported that JustDial has obtained injunction against Infomedia 18 Limited for running website www.askme.in, as JustDial has alleged that Infomedia 18 Limited had copied former’s database onto it’s newly launched website: www.askme.in, thereby violating JustDial’s database copyrights.

The injunction was granted exparte by the Hon’ble High Court and further order has been made for search and seizure to be carried out at Infomedia’s Delhi and Mumbai offices, as prima-facie case was made out by the Just Dial officials.

Basically, Askme.in was advertised/marketed in 2009 on a large scale by Infomedia extensively to it’s new and existing customer… and further even Infomedia yellow pages 2009-10 publication was delayed by over 7 months, i.e. till December 2009. The reason was stated that they are in the process of launching a new product called askme.in, which would help customers make more profits. Though, the delay by Infomedia 18 Limited also lead to cancellation of many advertisements, including Archer Softech’s Advertisement… as the purpose of advertisement was defeated by such a long delay !

CBI arrests software company owner for piracy of Microsoft Products

The Managing Director of K.K.Solutions, Kamlesh Jha, has been arrested by CBI on a complaint by Microsoft on the grounds of piracy and manipulation of genuine Microsoft Products.

The accused was a gold certified partner of Microsft. He was obtaining Pirated software CDs, packaging material and fake certificate of Authencity (COAs) from China, which were used for packing of manipulated genuine softwares obtained locally and for further sale. The accused has been also alleged to have abusing the “Microsoft Activation Downgrade Programme”, by obtaining WIN XP keys from Microsoft in the name of downgrading of VISTA to XP but instead used these keys on counterfieted software and sell them in the market.

The case has been registered under Indian Penal Code, Information Technology (Amendment) Act 2008 and Copyright Act 1957.

And ofcourse these kind of action from Microsoft Company are not something new. Microsoft has actively implementing various measures in India since the last 3-4 years to curb piracy, which includes making calls/visits at various software company offices to check upon the genuinity of Microsoft Products. And in some cases conducting raids with the help of Police / Special organizations like  BSA.

Many such cases have come up in various courts in India but mostly they end up in settlement (where ever allowed), as the accused have no way out but to pay up 4-5 times of the cost of softwares as penalty. Though, recently Microsoft was fined for filing of piracy cases without jurisdiction. Details below…

Related Links:

Information Technology (Amendment) Act 2006 & 2008 comes into force

The Information Technology (Amendment) Act, 2008 has came into force yesterday. The Rules pertaining to section 52 (Salary, Allowances and Other Terms and Conditions of Service of Chairperson and Members), section 54 (Procedure for Investigation of Misbehaviour or Incapacity of Chairperson and Members), section 69 (Procedure and Safeguards for Interception, Monitoring and Decryption of Information), section 69A (Procedure and Safeguards for Blocking for Access of Information by Public), section 69B (Procedure and safeguard for Monitoring and Collecting Traffic Data or Information) and notification under section 70B for appointment of the Indian Computer Emergency Response Team have also been notified.

The Information Technology Act was enacted in the year 2000 with a view to give a fillip to the growth of electronic based transactions, to provide legal recognition for e-commerce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures in the context of widest possible use of information technology worldwide.

With proliferation of information technology enabled services such as e-governance, e-commerce and e-transactions; data security, data privacy and implementation of security practices and procedures relating to these applications of electronic communications have assumed greater importance and they required harmonization with the provisions of the Information Technology Act. Further, protection of Critical Information Infrastructure is pivotal to national security, economy, public health and safety, thus it had become necessary to declare such infrastructure as protected system, so as to restrict unauthorised access.

Further, a rapid increase in the use of computer and Internet has given rise to new forms of crimes like, sending offensive emails and multimedia messages, child pornography, cyber terrorism, publishing sexually explicit materials in electronic form, video voyeurism, breach of confidentiality and leakage of data by intermediary, e-commerce frauds like cheating by personation – commonly known as phishing, identity theft, frauds on online auction sites, etc. So, penal provisions were required to be included in the Information Technology Act, 2000. Also, the Act needed to be technology-neutral to provide for alternative technology of electronic signature for bringing harmonization with Model Law on Electronic Signatures adopted by United Nations Commission on International Trade Law (UNCITRAL).

Keeping in view the above, Government had introduced the Information Technology (Amendment) Bill, 2006 in the Lok Sabha on 15th December 2006. Both Houses of Parliament passed the Bill on 23rd December 2008. Subsequently the Information Technology (Amendment) Act, 2008 received the assent of President on 5th February 2009 and was notified in the Gazette of India.

Source: http://pibmumbai.gov.in/scripts/detail.asp?releaseId=E2009PR1153

Download a copy of Information Technology (Amendment) Act, 2008 here

Internet Censorship

Turkey is in news again for continuing with the website censorship, as there seems to be no limit to the censorship. Any complaint to a lower court can get the website blocked in the country, websites including YouTube, DailyMotion, Alibaba, Slide.com, and some WordPress blogs have already been banned.  All started with ban on YouTube in March 2007 due to a particular video that insulted founder of the Turkish republic. The number has grown to nearly 6,000 websites as estimated in September 2009. 
 
Asian countries facing such censorship includes Singapore, Thailand, China and few others. China has been the most affected by net censorship starting with legislation (State Council Order No. 292) in September 2000, which created the first content restrictions for Internet content providers. It said that China-based Web sites cannot link to overseas news Web sites or carry news from overseas media without separate approval. Since then, many of the famous websites like Wikipedia, BBC, Yahoo, Google, Hotmail, Blogspot, Facebook, YouTube, Twitter, webshots, imageshack, Technorati, Flickr, Tripod, etc have been blocked on various grounds (though only 3-4 of these sites have now been unblocked)… total of 18,000 sites are inaccessible/blocked from within the China. Online censorship has taken new means with the time.
 
And now it’s India’s turn…

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