Myspace case

For instance, license holders who may hold rights to create versions of the works or remixes for such songs. Reliance was also placed on the judgment of the United States District Court in SEGA Enterprises supra where the Court granted injunction to the plaintiff which designed and created computer games and owned copyright in it against the defendant which ran an electronic bulletin board, which allowed for electronic storage, uploading and downloading of copyrighted work by third party users.

myspace case study

The court injuncted MySpace from permitting any uploads of SCIL's copyrighted content, and directed to expeditiously execute content removal requests. MySpace will also keep an account of the removals, and the revenues earned from ads placed for calculating damages at the trial stage.

A further balancing act is required which is that of freedom of speech and privatized censorship. It was noted that "apparatus" occurred in the UK CDPA Act, whereas Parliament in India had not explained the scope of "any place" and kept its import wide, to encompass technological developments including the creation of a new space- i.

The quia timet relief sought by the plaintiff was impermissible in law. The order was extremely worrisome as it had turned the clock several decades back on concepts of internet intermediary liability. The interim injunction was finally determined by a speaking order on The internet is changing at a very fast pace.

Super cassettes v myspace 2011

Sources Adest, Abbi. This cannot be what Congress meant when it enacted the law, but now you have it. Neel Mason, Sh. MySpace set up a developer platform on February 5, , which would allow users and developers to write applications on MySpace to share with other users. The learned Single Judge also held that MySpace had created a "space" and allowed uploading of content by users, which was saved it in its database and collected a limited license to add, modify and delete content for that purpose. Failure to do this gives competitors an edge in the market. If MySpace notices that content uploaded on its website is in violation of its user terms, the content can be either removed or the membership of the violator can be terminated at its discretion. For a monthly fee, the service provider usually provides a software package, password, username and phone number access. The first was that it had no actual or direct knowledge or role in the selection of the content, while the second was that no control was exercised, or was exercisable over the uploading of the content. What MySpace seeks to achieve is create a platform- without adding or contributing any information on its own, where users can freely exchange data in the form of songs, videos, documentaries etc. Where a party is unaware and had no reasonable ground for believing that the works so communicated are infringing works, then, the first part, casting liability would be inapplicable. On the issue of modification, the court reasoned that since modification was an automated process MySpace was inserting ads which changed the format only, without MySpace's tacit or expressed control or knowledge, it was in compliance of the legislative requirement. SCIL argued that several of its rights were violated, demonstrating it visually by a chart. Netcom Online Communication Services , to be particularly relevant to the instant case, and agreed with its observations.

Their parents and guardians are worried about glorification of sex and drugs in the site. Mere browsing or accessing content on Myspace does not require registration.

super cassettes industries ltd v myspace inc 2011
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My Space Inc. vs Super Cassettes Industries Ltd. on 23 December,