Amazon claims safe harbour protection in book piracy case
Amazon argued before the Karnataka High Court for safe harbour protection in a case involving alleged sale of pirated copies of Ravi Belagere's novel on its platform.
Amazon has asserted its right to "safe harbour" protection under Section 79 of India's Information Technology Act (IT Act) before the Karnataka High Court. The e-commerce giant is contesting a case related to the alleged sale of pirated copies of the late journalist Ravi Belagere’s novel on its platform.
The legal proceedings stem from an FIR filed by Bhavana Belagere, daughter of Ravi Belagere and copyright holder of the book "Heli Hogu Kaarana." She initiated the complaint with the local police, leading to the current court case.
Amazon's legal team, led by advocate Sandesh J. Chouta, contended that the company functions as a marketplace connecting buyers and sellers. They argued that Amazon cannot be held liable for copyright infringements by third-party sellers, provided the company has met its due diligence obligations. Amazon stated that it removed all listings from the twelve allegedly infringing sellers as soon as it was notified.
During the proceedings, Amazon differentiated its model from inventory-based e-commerce, emphasizing that it merely provides a platform. The company argued that this intermediary status shields it from liability, unless specific allegations of failure to exercise due diligence are proven.