Indian ISP Blocks A Bunch Of Websites To Try To Prevent File Sharing Of A Single Movie

from the overblocking dept

TorrentFreak has the story of an Indian court seemingly having no problems issuing widespread ISP blockades in response to a request from movie studio Reliance Entertainment. The reasoning is that Reliance is hoping to prevent the file sharing of its latest movie. But rather than narrowly targeting the file sharing of that movie (or of other Reliance properties), the court ordered complete blocking of a variety of websites including Megaupload and BTJunkie. The Times of India, which wrote about this as well, notes that the whole thing is quite “strange” to cyberlaw experts.

Beyond just the oddity of massive overblocking, the blockades themselves present a rather bizarre message:

Yes. It appears to claim that the block page itself is covered by Reliance Entertainment’s copyright. At the very least this implies that the court simply gave Reliance the right to craft the blocked page itself which is quite incredible when you think about it.

Other experts quoted in the Times of India article suggest that perhaps Reliance is misinterpreting a court order, because such broad blocking is not reasonable, nor permitted under the law. As the article says it’s “debatable” if a site can be held responsible for the actions of users (especially when the actions are predicted future actions!).

“Yes, there is a John Doe order. But Reliance Communications seems to have misinterpreted it. If the judge, who gave the order, comes to know about how it has been used, I am sure he will disagree. So far, there is no evidence that members at the blocked file-hosting websites had indulged in piracy of Don 2. It’s purely speculative. It is like shutting down a public library just because some one may go there and leave a book about bomb making,” he said.

Prakash added that even if there was piracy of Don 2 on the said websites, proper procedures should have been followed to block them. “Blocking websites at ISP level is arbitrary and illegal. According to the IT rules in India, only DIT is empowered to issue orders on blocking of a website. Not even Department of Telecom, which looks after the affairs of ISPs, can order blocking of websites without involving DIT,” he said.

The ISP doing the blocking is Reliance Communications, which appears to have the same parent company as Reliance Entertainment (shocking, I know), says that the blocking is perfectly legal, because it “has to adhere to any copyright infringement notices and court orders.” Of course, it’s still not entirely clear what the court actually ordered.

Either way, those in India who use these services for legitimate purposes are up in arms. TorrentFreak quotes Gaurav Shukla, who runs an Android news site and makes use of file lockers for legitimate purposes, but who’s now blocked from doing so.

“Since Friday morning I can’t access any file-hosting websites. Not all web users are pirates. We share legitimate files through websites like Megaupload and Filesonic.”

Once again it seems like in the desperate attempt to block any and all infringement, you get significant collateral damage. Oh, and apparently the block hasn’t worked… as a DVD screener copy of the film was ripped and is being widely shared online.

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Companies: megaupload, reliance communications, reliance entertainment

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Comments on “Indian ISP Blocks A Bunch Of Websites To Try To Prevent File Sharing Of A Single Movie”

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35 Comments
Anonymous Coward says:

Yet again, the piracy apologist tries to come up with a way of not addressing the main issue, the actual piracy.

Me: “The house is one fire”

Masnick: “yeah, but look at ugly front gate. We need to get someone to fix the gate”

It’s a pitiful end to a pitiful year. Perhaps the failure of Step2 will wake you up a bit!

Machin Shin says:

Re: Re:

Well to go with the fire analogy.

You: “The ship is on fire so we need to sink the ship!”

Us: “How about we just use a fire extinguisher on the fire instead of sinking the entire ship?”

You: “Don’t you care that the ship is on fire!! We need to sink it so we can put the fire out and prevent any more fires!”

Us: “Then we will no longer have the ship anyways. Lets use an extinguisher.”

You: “NOOO!! WE MUST SINK SHIP!!!!! NO OTHER WAY WILL WORK!!”

ZeeBat (profile) says:

Re: Re:

“.. main issue, the actual piracy”

Yes, because piracy is a much more important battle than censorship could ever be, clearly.

I’m sorry that your piracy problem has created my censorship problem. Censorship is now my main problem so if you’ll kindly learn how to turn a trick perhaps we can solve the problems together. Otherwise, your piracy problem will fast become far less of a problem, a non-issue issue if you will.

To say nothing to the fact that sites were blocked because of possibilities. Yah, that’ll go far (given velocity from a big stick, zee bat)

Mike Masnick (profile) says:

Re: Re:

Me: “The house is one fire”

Masnick: “yeah, but look at ugly front gate. We need to get someone to fix the gate”

Reality.

You: “The house is on fire!”

Me: “No. That’s just the strong sun scorching your roof a little at the corners. Here, why don’t you put up some solar panels and benefit from the sun.”

You: “No, the HOUSE IS ON FIRE!! QUICK, DEMAND THE GOVERNMENT DIVERT ALL WATER IN THE COUNTY TO ME!”

Me: “Well, no, that would be an overreaction, and a poor use of water. I’m serious: if you just put up some solar panels, not only will the tiles of your roof not turn brown like that, but you’ll also get tons of added benefit.”

You: “You fire apologist!”

Me: *sigh*

Anonymous Coward says:

Re: Re: Re:2 Re:

Outsmarted by what? Mike trying to change the subject? Mike failing to address the underlying issue, and rather defecting to his view of the world?

Mike doesn’t like to think of it as fire, but the house is burning down. His view is we should all pull out marshmallows and enjoy it. It’s an incredibly short term, self serving view.

TtfnJohn (profile) says:

Ahhh, what a tangled web we weave. I’d be interested in the judge’s reaction to this if Reliance did overstep it’s bounds.

As for censorship, whoops!, blocking somehow makes infringement go way then this “Oh, and apparently the block hasn’t worked… as a DVD screener copy of the film was ripped and is being widely shared online.” should put an end to that. I can see the film being dowloaded even more widely now. Not only in India but in the wider Indian diaspora.

Pavani Rani (user link) says:

Can they stop piracy or they can only blocks sites??

Although the main stream for piracy is internet, but still we can get those pirated dvds at few bucks on many streets of main cities in India.

Although file sharing sites not only shares illegal content, but also some illegitimate content like we transfer huge amount of data through them. For sending more than 20MB of data, there is no good way to send it without torrent or file sharing sites.

What are they trying to do?? Even Hollywood also not stopping piracy, but why Bollywood? If they stop these sites, then why the fuck we need 10+MBPS speed?? Just for surfing??? Can it be a trick from ISP’s??

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