DB : What is the extent of intermediary liability ? Are they infringing copyrights of owners ?HELD (a) Sections 79 and 81 of the IT Act and Section 51(a) (ii) of the Copyright Act have to be read harmoniously. Accordingly, it is held that proviso to Section 81 does not preclude the affirmative defence of safe harbor for an intermediary in case of copyright actions. (b) Section 51(a)(ii), in the case of internet intermediaries contemplates actual knowledge and not general awareness. Additionally, to impose liability on an intermediary, conditions under Section 79 of the IT Act have to be fulfilled. (c) In case of Internet intermediaries, interim relief has to be specific and must point to the actual content, which is being infringed.

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