Indian Music Firm Sues Yahoo Over Music Streaming

from the and-this-again dept

There is no DMCA-equivalent in India, apparently, meaning that there are no similar "safe harbors" that protect a service provider from the actions of their users. However, that still doesn't mean one should automatically blame the service provider for a users' actions -- but that's exactly what an Indian court has done. An Indian music company has sued Yahoo and won an injunction barring Yahoo from streaming any of the company's music. While the company had sent complaint letters to Yahoo, Yahoo (reasonably) had asked it to follow the basic takedown procedure, which requires proving that the company properly owns the copyright on the song and then requesting it be taken down.

However, the company says: "it is not possible for the company to spend time and resources to monitor copyright infringements on sharing sites." What they don't explain is why, if the copyright owners themselves can't do it, why they think sites like Yahoo and Google should be able to do it. In fact, it's even more ridiculous when you realize that many musicians want their music on these sites, and Yahoo, Google and others have no way of knowing whether or not a song on their sites has been put their legitimately or not. To have a court demand that Yahoo somehow "figure it out" simply isn't possible, unless it bars all use of music, which hardly seems like a reasonable request.
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Filed Under: copyright, india, liability, music, safe harbors
Companies: super cassettes industries, yahoo

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  1. identicon
    cram, 2 Jun 2008 @ 7:01pm

    forgot to add...

    There's simply no respect for copyright in India and suing just won't get you anywhere, because it might take up to 10 years for the case to even come up for hearing.

    T-Series decided to complain to Yahoo only because it's an American Internet company. If they had tried it with any Indian web site, they would have got the middle finger.

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