Myspace Inc. v. Super Cassettes Industries Ltd.

[236 (2017) DLT 478]

This case is important from a copyright perspective as the division bench of the High Court of Delhi in this matter reversed a single judge decision holding Myspace liable for copyright infringement. The division bench held that if intermediaries are tasked with the responsibility of identifying illegal content, it could have a chilling effect on free speech.

In this matter, the court also distinguished the ‘actual knowledge’ requirement from Shreya Singhal to mean ‘specific knowledge’ in matters of copyright infringement i.e. if intermediaries are pointed to specific infringing material by rights holders then they must remove such content, without the necessity of a court order.

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