They don't get into trouble under the Indian law merely on account of linking to third party, but if any other specific Indian law is violated they will be accordingly liable.
I have seen couple of sites like vodly.to, primewire.ag, watch32.com and other... None of the websites host the movies on their server, instead of that they provide links to the third party file sharing site like putlocker, sockshare...and those movie websites are also hosted on offshore server, according to which they are following Dutch law. According to Dutch law, linking to warez, movies, or etc is completely legal. So do they get into trouble according to indian law?
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Hi Ashish, This means anyone can follow this process in India to open movie streaming site without any trouble? Because linking third party and Netherland hosting, this all what is required and as far I know both are Legal, until unless your website is not hosting that material. Am I right?
Hi Nishant, If I stop it now and use that domain to open a new website like image gallery, forum etc.... would it create any problem in the future.
They don't get into trouble under the Indian law merely on account of linking to third party, but if any other specific Indian law is violated they will be accordingly liable.
The requisite permissions as to opening of a movie streaming site and the content that is intended to be broadcasted will have to be obtained from the competent authority.
Hello,
This issue had been much debated in Indian courts at various stages. Be that as it may, the movie to which you are providing a link is copyright protected in India. And if you are facilitating the viewership by providing a link that you can be en-roped for copyright violation.
The location of server will not matter since it is your website which is providing a link to a copyrighted material and in a way you are knowingly abetting or facilitating copyright infringement. It may be true that there are other sites on the world wide web which are presently working on this model, but that does not provide you immunity from litigation.
However, movie companies seldom take action against such individual website owners since it is not cost effective for them .But my advise is that you must stop running the website in case you receive a legal notice for infringement, till then you may do so on your own risk. Since your chances of winning before a court of law will be dim.
Regards,
Nishant