What Legal Defences Can You Mount If Accused of Sharing Copyrighted Software Online?
The mere charge of distributing copyrighted software through an online medium can quickly transform a licensing issue into a serious legal dispute. The distribution may involve uploading the installer, sending a copy of the software to another individual, storing the software on a server, and making the downloading process available without the permission of the copyright owner. However, the presence of copyrighted software in an individual's computer or account does not necessarily make that individual criminally liable under Indian law. This will depend on the nature of the acts committed, the nature of the copyright owned, the type of license or permission granted, and other relevant circumstances, such as the information available and the connection of the individual to the said acts. Consequently, the initial step in finding software copyright infringement legal defences in India does not simply consist of the existence of copyrighted software. The allegation...