Few Questions & Review:
1. The wordings for the data scraping provisions missing.
2. The Data Privacy breach penalties are upto 250 crores. Penalty on the Data Principal is 10k.
3. S.17(1)(d) says: d) personal data of Data Principals not within the territory of India is processed pursuant to any contract entered into with any person outside the territory of India by any person based in India; the exemptions suited for IT/ITES.
There’s a difference between non-infringement vs. becoming actual claimant of the work produced to be then considered as protected under copyright, whether derived/adapted (eg. a theatrical act derived from any book which would explicitly require permission), or, transformed (eg. critical analysis & research that changes characteristics of original work to a greater degree, even without permission under fair use / fair dealing). As non-infringement work isn’t always compounded to be considered as novel minus original; irrespective of the subsequent actions of the original copyright holder; and further, depending on the length & extent of the original work, derived or transformed; question is, can such end products be actually protected under copyright?
Let’s separate trademarks, designs, G.I., Patents, and Domain Name Disputes for a moment first, when it come to the infringement proceed...
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