Indian ISP Penalized For 'Overblocking' In Obeying Court Order To Try To Stop Infringement
from the damned-if-you-do... dept
We've written a couple of times about Indian ISPs overblocking websites in response to vague court orders to try to prevent copyright infringement of a particular film. The responses seemed like massive overkill, such as blocking complete access to certain sites -- including sites like Vimeo -- that have perfectly legitimate reasons for existing. It seems that this overkill may be coming back to haunt some ISPs. Airtel has now been penalized by a Consumer Forum in India for going too far with its blocks. Airtel was ordered to pay one of its customers 20,000 rupees (or about $360) for "deficiency in Internet service, thereby causing mental anguish to the complaintant."The order said that Airtel misinterpreted the original court order, and couldn't justify its actions by hiding behind it.
“By misinterpreting the Madras High Court order, Airtel blocked entire websites. It is needless to say that the company’s actions amount to deficiency in service as well as unfair trade practice,” said the forum.Of course, the article goes on to note that there has been some confusion over what was originally asked to be blocked. The anti-piracy company, Copyright Labs, who asked for the block order, claimed that it had only asked for specific infringing URLs to be blocked, but a freedom of information request revealed that it had actually asked for blocking of entire websites.
All in all, this highlights some of the many problems that occur when you give copyright holders the power to order outright censorship. It's good to see some push-back. If other customers in India file similar complaints, perhaps ISPs will think twice before engaging in widespread censorship.
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Filed Under: blocking, copyright, india, overblocking
Companies: airtel
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But nice spin anyway!
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Because ya know, all of the US's laws are clearly spelled out and not open to interpretation. /s
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It's amazing how far you live from reality. Do you take a bus or use a taxi to visit reality from time to time?
My point is that the Indian justice system isn't really one at all, allowing things like the caste system to remain intact. In a country that cannot even provide the basics for many of it's citizens, this sort of legal wrangling is a "let them eat cake" sort of thing.
It's also high end spin, attempting to make it look like what is a pretty backwards and disconnected society is a model for the rest of the world. It's classic.
Anyway, just remember to tip the taxi driver, otherwise next time he may just drive you to crazy instead.
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You give me a free ride there every time I read one of your idiotic rants.
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(see, I can do it to... now go away).
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If you don't know, India is a country with plenty of educated people, plenty of the smartest people in the world, but a legal system that is unjust, a caste system that dooms children from birth to be nearly human garbage, and all but stops people from moving up in the world - and the justice system supports and rules to maintain that system at every turn.
I don't expect most Techdirt readers to be bothered with context - it's all about pushing an agenda with any scrap of positive news.
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It's not like the caste system has jack shit to do with the ISP censorsip case being discussed. I'd say you're the one the agenda.
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Sounds just like the US legal system to me.
A country that allowed the legalised racism until comparatively recently.
A country that has perpetrated all kinds of legal abuses - including getting the wrong result inb its presidential election.
A country where people have to sell their assets to obtain life saving medical treatment.
A country where the visible poverty shocked a friend of mine who grew up in the (much reviled) Eastern block.
It's also high end spin, attempting to make it look like what is a pretty backwards and disconnected society is a model for the rest of the world.
Yup - the US again.
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Is this where you run out of ideas and try to use the sarcastic comments I've made against you in the past against me? Because it's not working.
"My point is that the Indian justice system isn't really one at all, allowing things like the caste system to remain intact."
The US system isn't much of one at all, allowing things like the death penalty, felony incarceration for possession of a plant, no knock warrants that often result in innocents being killed, and so on. But, you don't see me bring those aspects up in copyright and similar cases. I wonder why that is? Maybe because I'm capable of addressing more than one aspect of reality at a time?
"It's also high end spin, attempting to make it look like what is a pretty backwards and disconnected society is a model for the rest of the world."
So, you're not only a moron incapable of making an adult argument, but a xenophobic bigot to boot. Classy.
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so what is the difference between India and any other entertainment industry in any other country? they all lie like pigs in shit and will continue to do so until they have totally fucked up the Internet. if they got control of it, these industries couldn't handle it anyway! they think that after the screw up, people would go flocking back to buying the silly, 'indestructible pieces of plastic that actually last 6 months provided they are only used once'. get real for Christ's sake!
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Two typos for the price of one!
"ant-piracy"
"coimpany"
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it shows how (being kind here) uninformed the courts and specifically, judges are when it comes to dealing with copyright and supposed infringement. it also shows for the 10 millionth time what a complete bunch of lying arseholes the various entertainment industries are, regardless of in which country and what lengths they will go to to achieve their overall aim of total control of the Internet. when they can say, through the lies and bribes they put out, who can up what to the internet and who then can access it and download it, then they will be happy. when governments can prevent all people from doing anything on the 'net except booking holidays, paying bills, checking bank accounts, buying items or services (whilst still paying store prices so tax levels remain high!) and reading/sending e-mails (that are constantly read in case of terrorist or subversive activities!), then they will be happy! and all in order to say 'fuck the people'! we're in charge!
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I can understand it
ISPs and tech companies in general are shit scared of the legal power of the entertainment industry who can sue a medium sized ISP out of existence.
The copyright trolls are the ones who need to be more heavily penalised as they are the reasons the ISPs take such action.
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Perhaps every false claim should be punished as severely as any rightful ones.
For places where notices result in internet disconnects, false claims should result in the revocation of the right to claim infringement. Yes that is unreasonable but so is the disconnect in the first place.
For places where you 'just' get damages awarded, false claims should have the same damages awarded to the defendant.
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Yeah but..
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And we're angry at the ISP over this? They were bullied, lied to, and now blamed for something they were forced into.
Thank god we (and India) have such clear-cut laws. /sarcasm
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"If other customers in India file similar complaints, perhaps ISPs will think twice before engaging in widespread censorship."
This seemed to me to criticize the ISP for willingly engaging in censorship, rather than just criticizing the process that forced the ISP into this position.
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basic economics
The Madras High Court has nothing much to gain or lose either way (except bribes, which are hidden), and is not restrained by technical competence, so the extent of the court orders will be effectively random.
The users have nothing to lose and (apparently) much to gain by complaining, so they will complain.
The District Consumer Disputes Redressal Forum (is "redressal" a word?) has nothing to lose and maybe prestige to gain by punishing the ISP, so it will punish the ISP.
The ISP is pinched between two authorities who stand to lose nothing if they squeeze the ISP right out of business. Just trying to find the safe ground between them (while it exists) takes considerable effort.
I predict that the price of internet access will rise.
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Subnets
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This is why we desperately need SOPA / ACTA / etc
Problems like this don't scale well. They only happen if everything goes just right. A court has to force you to block content. Then someone has to sue you for blocking content.
SOPA would solve the scalability problems. Instead of being rare; outcomes like this could have become more commonplace under SOPA. Now aren't you sorry SOPA was defeated?
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