There is an ongoing attempt in India to amend the Copyright Law to be in tune with the DMCA of USA. In this connection IPR watchers would remember that one of the provisions of DMCA which threatens the IT Community is the provision regarding “Contributory Infringement” according to which certain actions by the IT community such as development of software, re-engineering of software for compatibility or security consideration etc could be considered as “Infringement”. In this context it is interesting to note that the proposed amendments to Copyright law in India is expected to have the following clause.

Section 65(A) (2) : ” Nothing in sub-section (1) shall prevent any person from …

(e) doing  anything  necessary to circumvent technological measures intended for identification or surveillance of a user..”

Does this mean that “Privacy Invasion” through “Surveillance of a user” would be permitted?..

This question has relevance to the case where insertion of a code in the DVD by SONY for such purpose  raised a big opposition in USA and culminated in SONY withdrawing the DVDs from the market. It also has relevance to Microsoft’s practice of introducing codes that monitors and reports on the activities of the user without his permission.

Privacy protectionists should explore the said provision of the proposed amendments to the Copyright law and act in time to prevent it from getting into the statute. Comments are welcome


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