• Domain Name Suspended Under Section 91 CrPc, Mumbai Cyber Crime Cell

Hi, 
my domain is suspended by Mumbai Cyber Crime Cell. i did not receive any warning or anything just the following email from my domain registrar. i removed everything from my website. i mailed to mentioned email many time but there was no response yet. i looking for someone to who can help un-suspend my domain.

this is the email i received.
 
Hello,

We have been reported that the domain name 'musicjinni.com' is registered under the bad faith of distributing/publishing Copyright Infringement contents over the web.

As per the Indin Copyrights Act 1957, Section 66B & Section 66D of the Information Technology Act 2000 we have suspended the services to the domain name.

As per the notice the domain name' shall be remained suspended till the life cycle. Any queries in relation to the suspension shall be addressed to the Investigating officer at the below mentioned email address.

Email ID: [deleted]

Thank you.

Regards,
LEA
PublicDomainRegistry

Regards,
PDR LEA Response Team
Mob: + [deleted]
Asked 6 years ago in Intellectual Property

2 answers received in 10 minutes.

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13 Answers

Hello

Was your website hosting bollywood songs in mp3 format? If that is so...the cell must have suspended your domain name and address.kindly elaborate the details and other issues to better appreciate the controversy.

Regards

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Hello,

You may drop and e-mail to the IO on the email provided.

There is no point in engaging a lawyer at this stage.

You may tell the IO that the content has been deleted and the same may now be retrieved.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Your website is Pakistani and thatvmay have been one of the reasons why they suspended the domain name without assigning any reasons. They do a random check and block the websites with suspicious activities or hosted by a hostile country.

Regards

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

It has been suspended as it has been publishing copy right nfringement contents over web

2) if you are aggrieved by said order file writ petition in Bombay HC against blocking of your domain name as per cyber cell orders

Ajay Sethi
Advocate, Mumbai
96972 Answers
7828 Consultations

You should approach cybercell and ask reason for suspension of domain.

Or you can send a legal notice to cybercell for suspension of domain without any notice or summon.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Sir since according to the laws and user policy the domain name can be suspended if there are activities breaching to public policy or laws since there is breach of law they can suspended same without notice and can take.further steps. Now you need to file a reply before.concerned IO or file in high court for quashing concerned notice.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Sir you have to reach out high court for rememdy and direction for them.to provide opportunity and hearing and further to suspend the ban your website.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

If your website was infringing with the laws of the country, no formal warning or intimation is required to be given and cyber cell has full authority to suspend any account found in contravention of the information technology act or any other relevant act.

Siddharth Jain
Advocate, New Delhi
6379 Answers
102 Consultations

I would advise you give a full written representation to the given address through an advocate to restore your website stating that you have removed all the content, as all remedies available to you would be of little help as you yourself as stated that the video player in which the videos are displayed are not according to the YouTube terms and conditions.

Siddharth Jain
Advocate, New Delhi
6379 Answers
102 Consultations

1. Your domain name has been suspended by the Registrar and it does not matter whether you have removed its contents or not fro you site. It is just not being made visible by the net surfers.

2. It appears that there has been a police complaint against you for infringing in to the Indin Copyrights Act 1957 & Section 66B & Section 66D of the Information Technology Act 2000 i.e. inter alia, for receiving and retaining a computer resource or communication device which is known to be stolen or has the reason to believe that it has been stolen and also for is stolen cheating some one having computer resources and also for cheating some one using a computer resource or communication.

3. The Registrar has already given the contact address from where you shall have to find out the details of the complaint lodged against you or the case filed against you , if any and the contest it by engaging a lawyer in India.

4. If the case filed against you in India is dismissed in your favour, then you can apply to the Domain Name Registrar, attaching copy of the order passsed by the Indian court, to uwithdrawuspension of yourdomain name.

Krishna Kishore Ganguly
Advocate, Kolkata
27461 Answers
726 Consultations

1. It appears that musicjinni.com itself has is not acting lawfully since it is fetching the contents from Utube dynamically.

2. If no permission has been availed by it from Utube then its said act also is unlawful for which it can not accuse you for having committed the same crime.

3. Moreover, the content is not the propery of musicjinni.com since it does not have the data stored in its server for being displayed/played or stolen.

4. Contest the cxase at Mumbain fittingly by engaging a lawyer.

5. It is a good case to win.

Krishna Kishore Ganguly
Advocate, Kolkata
27461 Answers
726 Consultations

Have you preferred an appeal to the concerned investigating officer expressing your grievances and anguish over this unfair practice of suspending your domain name?

Have you protested this action based on the denial of the allegations that have been leveled against you in this regard and sought to release the suspension order?

If not, you may follow the said procedures, await their response, if the response is not in your favor, and if you feel that your actions do not infringe the copy rights or trademarks act, then you may fight it out legally

T Kalaiselvan
Advocate, Vellore
87175 Answers
2341 Consultations

You must first ensure that your acts do not attract the penal provision of any law in force.

Once you are assured that the actions from your side do not violate any law of the land then you can fight it out legally.

Discuss with your advocate and first send a legal notice after which you may initiate legal actions subsequently as per law.

T Kalaiselvan
Advocate, Vellore
87175 Answers
2341 Consultations

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