Amazon's intermediary status to be examined in Delhi Kindle book case
A Delhi court will examine Amazon's intermediary status in a copyright case involving a Kindle book. The lawsuit alleges Amazon sold an unauthorized digital version of a book.
A District Commercial Court in South Delhi is set to examine Amazon's intermediary status concerning the Kindle ecosystem in a copyright infringement lawsuit. The case alleges Amazon engaged in the unauthorized sale of a Kindle version of a book, a claim Amazon disputes by asserting its role as an intermediary entitled to safe harbor protections under Section 79 of the IT Act.
The legal dispute centers on Vasundhara Prakash's book "Fragments: You and I." Prakash alleges that after revoking her publisher's rights in April 2018, her book was listed on Amazon's marketplace and subsequently converted and made available globally on Kindle platforms. Despite notifying Amazon and receiving assurances of removal, Prakash claims the digital version remained accessible on Amazon.com and Amazon.co.uk.
Amazon has contested these claims, stating it removed the listing and had no involvement in the Kindle version's distribution. The company argues the book was available in Kindle format for only 12 days, generating minimal royalties. However, the Delhi High Court has refused Amazon's petition to be dismissed as a defendant, ruling that the "nature, extent and scope of [Amazon’s] role in the suit would require evidence."
The court's proceedings will investigate whether Amazon's actions, including alleged conversion of the book into Kindle format and its global distribution, extend beyond the scope of a passive intermediary. Previous court observations have noted that Amazon's involvement might elevate it beyond a mere intermediary, necessitating a trial to determine its liability for copyright infringement.