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ARTICLE · 02 APRIL 2020

To Sue Or Not To Sue Ashok Kumar?

Khurana & Khurana, Advocates and IP Attorneys
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In the year 2016, when a message had started appearing on websites, that stated that watching pirated films could result in a fine of Rs.

IndiaIntellectual Property

An Analysis of John Doe Orders in the Light of Fundamental Right to Access to  Internet

In the year 2016, when a message had started appearing on websites, that stated that watching pirated films could result in a fine of Rs. 3 lakh and up to a 3 year prison-term, Justice G.S. Patel of Bombay High Court took note of the ambiguity of the messages and said: "This is inaccurate... The offence is not in viewing, but in making a prejudicial distribution, a public exhibition or letting for sale or hire without appropriate permission copyright-protected material." 1There was no particularly pressing reason behind the Court having made this statement and thus the authors are of the view that it should not have. This observation highlights the one-sided approach that the Courts take towards piracy and reaffirms the incorrect notion that the viewer is an innocent bystander in all of this.

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