Global Online Piracy of Films: The Concept of Right to Internet Access vis-à-vis John Doe Orders & Online Censorship

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Paramita Choudhury, Sayan Das, Md. Nizam Ashraf Khan

Abstract

Global technical innovation is allowing copyright infringement to proliferate unchecked over the world, including India. The copyright owners are considered to be vigilant in enforcing their rights against those who infringe on them. Because of this, it might be difficult to identify the actual perpetrators of the crime. How intellectual property rights may be protected in such a setting is a fundamental blunder. Internet and other digital means of communication and publication have reached a new height in recent decades’ worth of scientific and technical advancements. Internet and digital media use has increased piracy, reducing profits for IP rights holders in many fields, including cinematography. As such, IP rights holders have seen a decrease in profits from their work.


Judicial authorities use the John Doe order to combat online pirates who are unable to be identified precisely because of the many elements of Rogue Websites and Undisguised Infringing Online Locations. This is a special type of temporary restraining order issued by a court against individuals or companies that the plaintiff does not know their name, address, or any other specifics about. As a result of these directives, the most substantial impact is seen by those who use internet services. Users seeking to visit a legal website or the creator of a legal work who is not affiliated with the site’s operation are two examples. Courts are supposed to defend the online community’s rights, but these rulings reveal that they do not appear to regard the public interest in judiciously utilizing a power to limit internet access.


The paper addresses the legal issues of Right to Internet Access and John Doe orders, which are still in their infancy in India and will continue to develop as more cases are brought forward. As a matter of fact, there is a pressing need for the judiciary to clarify or write down rules or conduct a certain sort of test to establish the method to be followed in situations of internet blocking/censorship and freedom to access online lawful content.


 

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