The Hindu Business Line : We are not violating Copyright Act: ISPs<br>Music industry's charge refuted

THE Internet Service Providers Association of India (ISPAI) has refuted the Indian Music Industry's allegation that its members are `facilitating' unauthorised music downloads from various Web sites, saying that ISPs merely provided Net access as intermediaries and were in no way violating the provisions of Copyright Act or IT Act 2000.

"The ISPs act as an intermediary for allowing access to their subscribers to visit various Web sites. Those ISPs, which allow such dial up or otherwise access through their facilities are not, in any way, concerned with the use of the Indian music and they do not in any manner broadcast or otherwise infringe copyright in the music," ISPAI said in its reply to IMI.

It further said that such ISPs acted only as an intermediary with no knowledge of what the subscriber accessing global network did ultimately, including visiting infringing sites.

"We reiterate that an ISP who merely provides such access is not in any way violating the provisions of the Copyright Act or the IT Act 2000," the ISPAI President, Mr Sanjay Dwivedi, said in the letter.

On IMI's demand that ISPs should devise appropriate software filters to block out public access to "illegal and nefarious sites", the ISPAI said that blocking of sites could be done only after a direction by a competent authority or by an order passed by a competent court.

The ISPAI, however, said that in case an ISP had a Web site that offered service such as unauthorised downloading of online music, there could be a violation of copyright. "We are informing our members that those ISPs who have such Web sites and broadcast music, should take note of your (IMI's) compliant," it added.

The reply by ISPAI follows IMI's views that Indian public accessed specific sites offering unauthorised music downloads through Internet connection provided by ISPs. "Being in Internet business, you must know that courts, all over the world, have held that facilitation of transfer of music files, even without payment, would constitute infringement of copyrighted work, as it would have substantial debilitating effect on the legitimate sales of our members," IMI said.

It said ISPs were governed by provision of the Information Technology Act 2000 which — under section 79 — stated that a Network Service Provider would not be liable only if they proved that the offence was committed through their network without their knowledge or that they had exercised due care to prevent the commission of such offences.

"In view of this notice any more facility given by the ISPs to permit illegal downloads would also constitute conspiracy within the meaning of Section 120-B of Indian Penal Code," IMI had said.