Intermediary The standard of having “conspired or abetted or aided or induced” requires the intermediary to be an “active participant” in the infringement. HELD While Section 79 of the IT Act is to protect genuine intermediaries, it cannot be abused by extending such protection to those persons who are not intermediaries and are active participants in the unlawful act. September 1, 2020September 1, 2020 Indian IPR
Intermediary DB : Ss 79 and 81 of the I T Act and S. 51(a)(ii) of the Copyright Act have to be read harmoniously. It is held that proviso to S 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. September 1, 2020September 1, 2020 Indian IPR
