Super Cassettes Industries Ltd v Myspace Inc
Rule established
Copyright owners can seek injunction against platforms hosting infringing content; S.79 safe harbour does not protect platforms with actual knowledge of infringement.
Facts
- Super Cassettes Industries (T-Series) held copyright in thousands of musical works and sound recordings
- Myspace platform hosted user-uploaded content including T-Series copyrighted music
- T-Series issued takedown notices; alleged Myspace continued hosting infringing content despite notice
- Myspace claimed protection under S.79 IT Act (intermediary safe harbour)
Issue
- Whether S.79 safe harbour protects an intermediary platform that has actual knowledge of copyright-infringing content hosted on its servers.
Held
- Injunction granted. S.79 safe harbour does not protect intermediaries with actual knowledge of infringement. Once a platform receives specific notice identifying infringing content and fails to take it down expeditiously, it loses safe harbour protection and becomes liable as a primary infringer.
Ratio Decidendi
S.79 of the IT Act provides conditional immunity to intermediaries. The immunity is lost when the intermediary has actual knowledge of infringing activity (through specific takedown notices) and fails to act expeditiously to remove the content. Knowledge transforms the intermediary from a passive conduit to an active participant in infringement.
How to use it in an exam
- Deploy in questions on intermediary liability and S.79 safe harbour
- Key line: "S.79 safe harbour does not protect platforms with actual knowledge of infringement; once notice is received, failure to remove content forfeits immunity."
Source
Source: 2017 SCC OnLine Delhi 7810
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Information Technology LawCopyright in Internet and MultimediaS.79 safe harbour limits; actual knowledge test