![\"Telegram\"](\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2022\/09\/telegram-1.png\")
With over half a billion active users, Telegram is one on the most used messaging services.<\/p>\nWith over half a billion active users, Telegram is one on the most used messaging services.<\/p>\n
The application is particularly popular in India, where more than 20% of its user base resides. This includes a small subset of rather persistent pirates. <\/p>\n
Telegram doesn\u2019t permit copyright infringement and generally takes swift action in response. This includes the removal of channels that are dedicated to piracy. For some copyright holders that\u2019s not enough, as new \u2018pirate\u2019 channels generally surface soon after. <\/p>\n
To effectively protect their content, rightsholders want to know who runs these channels. This allows them to take action against the actual infringers and make sure that they stop pirating. This argument is the basis of an infringement lawsuit filed in 2020. <\/p>\n
The case in question was filed by Ms. Neetu Singh and KD Campus. The former is the author of various books, courses, and lectures, for which the latter runs coaching centers. <\/p>\n
Both rightsholders have repeatedly complained to Telegram about channels that shared pirated content. In most cases, Telegram took these down, but the service refused to identify the infringers. As such, the rightsholders asked the court to intervene.<\/p>\n
The legal battle culminated in the Delhi High Court this week via an order compelling Telegram to identify several copyright-infringing users. This includes handing over phone numbers, IP addresses, and email addresses.<\/p>\n
The order was issued despite fierce opposition. One of Telegram\u2019s main defenses was that the user data is stored in Singapore, which prohibits the decryption of personal information under local privacy law. <\/p>\n
The Court disagrees with this argument, as the ongoing infringing activity is related to Indian works and will likely be tied to Indian users. And even if the data is stored elsewhere, it could be accessed from India.<\/p>\n
\u201cCourts in India would be perfectly justified in directing Telegram, which runs its massive operations in India to adhere to Indian law and adhere to orders passed by Indian Courts for disclosure of relevant information relating to infringers,\u201d the Court writes. <\/p>\n
\u201cInfringers cannot be permitted to seek shelter under Telegram\u2019s policies merely on the ground that its physical server is in Singapore.\u201d<\/p>\n
Disclosing the personal information would not be a violation of Singapore\u2019s privacy law either, the High Court adds, pointing out that there is an exception if personal details are needed for investigation or proceedings.<\/p>\n
Telegram also brought up the Indian constitution, which protects people\u2019s privacy, as well as the right to freedom of speech and expression. However, that defense was unsuccessful too. <\/p>\n
\u201cThe right to freedom of speech or the right to life including the right to privacy cannot be used by any person or entity, let alone an infringer, in order to escape the consequences of illegal actions,\u201d the Court concludes.<\/p>\n
Finally, Telegram argued that it is not required to disclose the details of its users because the service merely acts as an intermediary. <\/p>\n
Again, the Court disagrees. Simply taking infringing channels offline isn\u2019t good enough in this situation, since infringers can simply launch new ones, as if nothing had happened. <\/p>\n
\u201cMerely disabling or taking down channels upon information being given to Telegram is an insufficient remedy,\u201d the court writes, adding that these channels are \u201cclearly hydra-headed\u201d because pirates can start over with ease.<\/p>\n
\u2014<\/p>\n
A full copy of the order from the Delhi High Court is available here (pdf)<\/a>, courtesy of Bar and Bench<\/a>. <\/p>\n From: TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\n