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Showing contexts for: constructive knowledge in Christian Louboutin Sas vs Nakul Bajaj & Ors on 2 November, 2018Matching Fragments
45. As per the Division Bench in MySpace (supra), knowledge could be actual knowledge and constructive knowledge. Actual knowledge of the infringement was an impossibility, as MySpace did not have information of actual users who were uploading the songs. Thus the only question was whether MySpace had reason to believe i.e., constructive knowledge of the infringement and if yes, then what is the role of MySpace. The Court analysed the international position as under: -
"40. In the USA, DMCA was signed into law in 1998 to give effect to the 1996 Internet treaties and it created a system imposing limitations on the liabilities of internet service providers when found engaging in certain types of activities. These activities carried the immunity known as "safe harbor". Such safe harbor provisions apply as long as (i) the intermediary establishes, publicizes and implements a "Notice and Take Down"