💽 Traditional Software Piracy
Types of Software Piracy
- End-User Piracy: Using unlicensed copies in business
- Hard-Disk Loading: Pre-installing pirated software
- Counterfeiting: Copying and selling as genuine
- Online Piracy: Downloading cracked software
- License Overuse: Installing beyond permitted users
Microsoft v. Yogesh Popat
Delhi HC, 2005
₹19.75 Lakhs damages for software piracy — first major Indian award. Court stated: "Time has come to award punitive damages to discourage lawbreakers."
Microsoft, Adobe, Quest v. Chetu
Delhi HC, 2022
₹30 Lakhs damages awarded against IT services firm for using pirated software. Local Commissioner appointed to inspect and seize evidence.
🤖 AI Training & Copyright — The New Frontier
ANI Media v. OpenAI Inc.
Delhi HC, CS(COMM)-1028/2024
ANI alleged OpenAI used its copyrighted news content to train ChatGPT without authorization. Court issued notice — case pending. First major AI-copyright case in India.
The Core Debate
| AI Developers Argue | Content Owners Argue |
|---|---|
| Training is "transformative" fair use | Mass copying without license = infringement |
| Data is publicly available | Public ≠ permission for commercial AI |
| No direct reproduction in output | Exclusive right to "use" includes training |
| Benefits innovation & society | Devalues creative works, harms creators |
⚠️ DPIIT Position (2024)
India's DPIIT clarified that commercial use of copyrighted material for AI training is NOT covered under fair dealing (Section 52) and requires license/permission.
🎭 Deepfakes & Personality Rights
Anil Kapoor v. Simply Life India
Delhi HC, 2023
Court protected personality rights against deepfakes, AI-generated GIFs, and unauthorized merchandise. Held: Celebrities entitled to protection against commercial exploitation of their likeness.
Ankur Warikoo v. John Doe
Delhi HC, May 2025
Injunction against deepfake videos using finance educator's likeness for stock market fraud. Meta ordered to takedown within 36 hours and disclose user details.
Legal Framework for Deepfakes
- IT Act Section 66D: Cheating by personation
- BNS Section 319: Cheating by personation (new code)
- BNS Section 336: Forgery (electronic)
- Copyright Act: Moral rights, unauthorized reproduction
- Constitution Art. 21: Right to privacy & dignity
⚖️ Intermediary Liability (Section 79)
MySpace v. Super Cassettes
Delhi HC
Intermediary must remove infringing content within 36 hours of receiving notice. Failure = loss of safe harbor protection.
✅ Takedown Notice Strategy
Send DMCA-style notice to platform identifying: (1) Your ownership proof, (2) Specific infringing URLs, (3) Demand for removal. Platforms must act within 36 hours.
📝 Part 10.5 Quiz
Q1: ANI v. OpenAI case deals with:
Q2: Anil Kapoor case established protection against:
Q3: Intermediary must remove infringing content within:
Q4: Section 66D of IT Act covers:
Q5: DPIIT's position on AI training with copyrighted data:
Q6: Microsoft v. Chetu (2022) awarded damages of:
Q7: "Hard-disk loading" piracy means:
Q8: BNS Section 336 covers:
Q9: Deepfakes incidents increased by (2023-2024):
Q10: 2025 Copyright Act review will address: