The Role of the Internet in Copyright Violations

 

The internet is a result of technology. We have begun to communicate, investigate, and play games more thanks to the internet. Business transactions are conducted easily online without concern for location restrictions. The importance of the internet has grown with each passing day in practically every industry. The internet began storing all of stuff, regardless of whether it is an important document or a business contract. The development of cyberspace improved communication. Cyberspace, like anything else, has advantages and disadvantages.

Cyberspace began to provide difficulties. The threat posed by cyberspace began to draw more people, which ultimately necessitated legal action. Recently, a brand-new type of robbery has entered the judicial scene. The internet world is seriously threatened by online piracy.

The internet is often seen more as a curse than a blessing by copyright owners. Purchasing, selling, copying, and distributing someone else's work without that person's consent is known as copyright infringement. On the internet, it is relatively simple to replicate anyone's work. It takes only a few seconds to download other artists' work. Since the terms "internet" or "digital" are not mentioned in the Copyright, Design, and Patent Act of 1988, the copyright owners felt it was difficult to pursue legal action against the infringement.

Sadly, there is no indication of online piracy in the activities taking place all over the world. The 2012 Amendment Act also regressed and omitted any references to the internet or digital technology. The enactment's flaw gives rise to a number of legal problems. According to Section 4 of the Copyright Act, the creator of any musical, dramatic, literal, and aesthetic work is entitled to protection. The owner of the digital work is also entitled to the same protection. Online theft is therefore a violation of copyright.

The landscape of copyright has changed significantly as a result of the development of technology. It is a simple, affordable, and efficient way to steal someone else's creation and distribute it to millions of people with the touch of a finger.

Jurisdiction in cases of online copyright infringement

Making a decision on jurisdiction in a cyberspace copyright infringement lawsuit is highly interesting. Often, it serves as a barrier. The issue is how to decide the jurisdiction—whether it should be determined based on the place where the work was created, where the copyright was violated, or where it was exhibited. The laws of many nations determine the jurisdiction. Furthermore, even if the issue of jurisdiction is resolved, there will still be delays because different nations have different legal systems that frequently conflict.

The difficulties of enacting rules against copyright violations in cyberspace

The printing press era saw the beginning of copyright. During that time, just a small number of persons were in charge of the press. Infringing on intellectual property was considerably more profitable back then than it is today, but it was also simpler to track down the offender. Technology advancements made piracy far easier than previously assumed, and difficulties in discovering the offender increased. The law's primary issue with copyright infringement is its failure to recognise intermediary culpability.

Due to the scale of this market, there is a constant risk that intellectual property may be stolen in an effort to increase profit. Programmers in the FinTech industry must constantly register their work with the appropriate authority in order to prevent infringement.

New business practises, like software, are usually protected by secrecy, especially in the financial sector. The owner of a trade secret retains certain rights with relation to his trade secrets, much like the owner of other IPRs. If every effort is made to maintain the confidentiality of the knowledge, then he or she has the exclusive right to exploit it.

Regrettably, India currently lacks any explicit laws protecting sensitive information and trade secrets.

Nonetheless, the protection of trade secrets, sensitive information, and business know-how has been upheld by Indian courts and tribunals. They have made it quite clear that, in the absence of legislation, they would rely on common law to protect trade secrets for businesses.

Apr 26, 2023

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