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Showing contexts for: cloud computing in Neetu Singh vs Telegram Fz Llc on 30 August, 2022Matching Fragments
c. Telegram has not made any averment in the reply filed by it that the devices used in circulating the infringing material are not located in India. It is only the data of such channels and devices, that is claimed to be not located in India. Considering that the Plaintiffs' work relates to competitive examinations in India, it is nigh possible that the devices circulating the infringing content and the persons running the infringing platforms and channels are located in India. Even if some devices and the persons controlling the same are not in India, insofar as Indian law is concerned, the devices/equipment/network from which the transmission originates and the owners of such channels/devices, within India would be relevant. d. Cloud computing being the norm these days, as also pointed out by Telegram in its Privacy Policy at Clause 4, even if the data is stored in a physical structure outside India, the same is accessible to the company in other jurisdictions including from India. Telegram itself also states at Clause 8.2 that the data is shared among Telegram's group companies in Dubai and British Virgin Islands. Therefore, the data is accessible across different jurisdictions, including India and the conventional concepts of territoriality no longer exist, such that locating the physical server outside India would divest Indian Courts of their powers.
46. In view of the above factual and legal position, in the opinion of this Court, merely because Telegram chooses to locate its server in Singapore, the same cannot result in the Plaintiffs' - who are copyright owners of course materials - being left completely remediless against the actual infringers, especially in order to claim damages and avail of other legal remedies in accordance with law. If such an argument is accepted, in the current world where most dissemination happens through online messaging services and platforms, IP violations would go completely unchecked. This cannot be the intention of law. The provisions of the IT Act and the Rules made therein have to be construed harmoniously with the rights and remedies provided to the copyright owners under the Copyright Act. Indian Courts are competent to decide issues relating to infringement of copyright and the mere fact that Telegram is operating a messaging service in India which chooses not to locate its servers in India cannot divest the Indian Courts from dealing with copyright disputes or divest copyright owners from availing their remedies in Indian Courts. In the present age of cloud computing and diminishing national boundaries in data storage, conventional concepts of territoriality cannot be strictly applied. The dynamic evolution of law is essential to ensure appropriate remedies in case of violation of copyright and other IP laws.