Professional Documents
Culture Documents
Opening Statement
This presentation is intended to discuss e-commerce, media and internet law and technology with an entrepreneurial approach through emphasizing the interaction between tech, business and law
2 2011, Ashish Chandra
Targeting India
One of the largest consumption market Key market for English language content
Impact of each form of IP includes study of domestic as well as international IP laws
2011, Ashish Chandra 6
Illegal:
Breaking DRMs and unauthorized retransmissions Copy paste - uploadAshish Chandra 2011, 9
MVAS eco-system
(1) Content provider Telco End User (On deck & off deck model & SMS / IVR based)
(2) Content provider content aggregator Telco End User (On deck & off deck model & SMS / IVR based)
(3) Content provider Content aggregator OEMs Telco / End User (typically through Mobile Apps)
(5) Content provider OEMs End User (for eg: Star Plus app on iPhone / iPad)
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Monetization of Media
Text & graphics Advertisements
Self procured Network Advts Targeted Advts
In-Video Advts
Pre/mid/post scroll
DRM v fair use Technological standards open v closed Broadcast Reproduction Rights (signal or beyond) Performers rights Other third party rights in overall packaged media Compulsory licensing Piracy
2011, Ashish Chandra 13
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IT Act (sec 79 r/w sec 81) Copyrights (Amendment) Bill, 2011 DMCA
Is it for safeguarding innocent or safe-harbour for infringers??
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Section 104 of Trademarks Act Section 51 Copyrights Act 2011, Ashish Chandra
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Digital Contracts
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Browse wrap
Standard terms and conditions & non-negotiable Acceptance by way of course of conduct
Email contracts
Offer through emails Acceptance of offer through emails
Tele-shopping / TV shopping
Reference to terms and conditions in a specified hyperlink Generic description of goods on the media Acceptance through placement of order
23 2011, Ashish Chandra
Digital Contracts
Essential elements of contract:
Offer & receipt of offer Acceptance & receipt of acceptance Record of instrument creating the contract (preferably for evidence purpose)
Provisions in IT Act
Section 11 Attribution of electronic record (who has made the offer & who has communicated the acceptance?) Section 12 Acknowledgement of receipt (whether the offer & acceptance was received and acknowledged?) Section 13 Time and place of dispatch (enters computer resource outside the control of originator) and receipt (at designated computer resource, if specified, or general computer resource, if not specified)
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