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Piracy (IT Act)

The document discusses piracy, describing it as copying, distributing, or selling a product without the creator's permission. It outlines five types of piracy: counterfeiting, internet piracy, end-user piracy, client-server overuse, and hard-disk loading. It also details punishments for piracy under the Copyright Act and Information Technology Act, including imprisonment and fines.

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27 views2 pages

Piracy (IT Act)

The document discusses piracy, describing it as copying, distributing, or selling a product without the creator's permission. It outlines five types of piracy: counterfeiting, internet piracy, end-user piracy, client-server overuse, and hard-disk loading. It also details punishments for piracy under the Copyright Act and Information Technology Act, including imprisonment and fines.

Uploaded by

prathyush.jain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Piracy:

What is Piracy?

Piracy basically occurs when a person copies, distributes, or even sells a product, without the
express permission of the creator of that product. Its online distribution and sales can lead to a huge
loss of revenue to the owner. This is a hard thing for the original creators to go through. The
problem is even more enhanced because several people are either unwilling or unable to pay the
right sum of money for it. Piracy is a form of copyright infringement done on an online platform,
wherein games, movies, software, etc., are sold and distributed without the knowledge or
permission of the original creator.

Types of Piracy

Piracy, when elaborated in terms of software, can be classified into 5 types, namely –

● Counterfeiting
It is an illegal acquisition, duplication, and distribution of any copyrighted material, which
directly replicates the copyrighted product. The nature of the distribution of the said
product may or may not be a sale. The most common way of distributing such pirated works
is through CDs.

● Internet Piracy
It is an act of downloading a file from the internet, or by procuring online software through
CDs. Some methods of conducting internet piracy are websites offering free downloads of
software, auctions selling illegally obtained software or P2P servers which transfer programs.

● End-User Piracy
This form involves the user illegally reproducing software which he is not authorized to do.
For example, a user using one license to the software and installing it on multiple systems or
upgrading an already pirated software.

● Client-Server Overuse
In a computer network, when the number of clients exceeds the number prescribed in the
server license, it is known as overuse piracy.

● Hard-Disk Loading
This occurs when a business sells new computers with illegal copies of software loaded in its
hard disks to make the purchase of the machines more attractive.

Charges of Piracy

Since the crime of piracy is not only limited to the movie industry, the punishment specified above is
not the only one dealing with pirates. It varies according to the industry in which they commit the
act of piracy. The most notable forms of punishment are covered in the provisions of the Copyright
Act, 1957, and the Information Technology (IT) Act, 2000. The punishments specified are as follows –

Copyright Act
If a person uses a pirated computer program or a program that has been manufactured or acquired
through copyright infringement, on any computer device, he/she shall be liable for imprisonment of
7 days to 3 years, and a fine of Rs. 50 thousand to Rs. 3 lakhs (Section 63B of Copyright Act, 1957).

IT Act

If a person gains access to a computer, a network of computers, or computer systems, and then
proceeds to view, copy, or extract the data present on the computer, either through digital means or
through a removable storage medium (pen drive or hard disk), without prior authorization from the
original owner of the computer, he is liable to pay damages as compensation which can go up to a
sum of Rs. 1 Crore. Any person who downloads stolen data will also be liable for the same amount.

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