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Pallav Pandey (Coo)     05 June 2014

Legality of torrent in india

I understand that torrent per se is not legal because of copyright violation but specifically who is liable in the following situation:

  • Company A manufactures a Smart TV on which apps can be run (like they are run on smart phone)
  • Company B which is an Internet Service Provider reaches out to the Customer C and suggests that he can buy a Smart TV on which he can get lots of interesting apps through the internet.
  • C buys the TV from B. A gets their share.
  • C installs a popular app on the SmartTV which happens to the torrent app.
  • C sees pirated content on his Smart TV (manufactured by A), Sold by B through the internet connection provided by B.

Question 1. Who is on the wrong side of the law ?

Question 2. If the torrent app is developed by engineers of Company A, can A be held liable ?

Question 3. Does the answer to question 2 change if the app although developed by A is not on the TV. Analogy would be HP getting sued because customer downloaded a torrent software developed by HP on the laptop.



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 June 2014

Software patents present significant challenges to app developers. Vague claims, product life cycles shorter than the PTO review process, trolls and general uncertainty threaten to stifle app industry innovation and growth. 

Beginning in April, the Application Developers Alliance will host events nationwide for developers to learn about patents and share stories of Lodsys letters, legal strategies and litigation costs, and their ideas about software patent reform. 

Each event will feature an expert presentation/overview, followed by a panel discussion between policymakers, app developers, attorneys, and other stakeholders.

T. Kalaiselvan, Advocate (Advocate)     10 June 2014

What way are  you connected to the issue or whether your query is just an academic query to update/enrich your academic knowledge on such issues.  Query is vague without any details.  If it is a patent issue, the owners of the particular patent will take care of the issue legally, if you are a owner of any such patent, consult your consultant and proceed as per his advise.


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