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Legal bits and bytes on High Technology and Communication Services in India.
By Apar Gupta

Post Frequency: 56/day

Last Entry: July 11, 2009 at 11:51:45

Important ruling on the taxation of foreign companies carrying calls abroad

Posted on July 11, 2009
The authority for advance rulings in an application filed under section 245Q(1) of the income tax act, 1961 by the Cable & Wireless Networks India Private Limited has held that since, (a) the payments made by the applicant to its foriegn partner are in the nature of business profits; (b) in the absence of there [...

BSNL v. BPL Mobile Cellular: lemonade out of lemons

Posted on July 11, 2009
Adjudicating on an appeal filed by BSNL (the state telecommunication provider), the Supreme Court in the case of BSNL v. BPL Mobile Cellular (Per Sinha, J.) (2008) 13 SCC 597 addressed the applicability of internal circulars of the DoT to modify terms for telecommunication contracts entered under the Telegraph Act...

Radio Interference: Music Broadcast Pvt. v. Union of India

Posted on July 04, 2009
Throughout the annals of precedent there are catenas of cases which are ignored. Their insignificance arises from the common restatements which they contain rather than the novel propositions they advance. The TDSAT decision in Music Broadcast Pvt. Ltd...

Tata Nano : melting perceptions, not ice creams

Posted on May 10, 2009
The Bajaj Chetak remains a symbol of Indian middle class aspirations. In the absence of adequate public transportation services the two stroke scooter remained an affordable way of transport for decades. A similar sentiment seems to have inspired Ratan Tata to create the vision for the Tata Nano...

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Two?s Company : TDSAT?s Dual Spectrum Judgment

Posted on April 29, 2009
On 31st March, 2009 the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) pronounced judgment in the case of the Cellular Operators Association of India & Others v. Union of India and Others (Petition No. 286/2007). This case was popularly known as the dual spectrum allocation case and involved the allocation of spectrum to CDMA operators [...

A broader implementation of human readable contracts

Posted on April 15, 2009
The success and popularity of the creative commons license is symptomatic of the growing sentiment of internet users and authors against the expansionary nature of intellectual property law. The creative commons license allows the authors of creative works to license out of default copyright provisions and allows greater rights to the users of their works...

Article on Patent Law

Posted on February 03, 2009
Recently I was interviewed for an article, published in a I.T. Magazine titled, “Are Patents Blocking Indian Tech Innovation?”, interested readers can find the article on the following link.

Talk on the empirical examination of business outsourcing transactions

Posted on January 26, 2009
Today I attended an interesting workshop on a paper by Prof. George S. Geis on business outsourcing contracts as part of the ongoing Law and Economics workshop series. At the very beginning Prof. Gies noted that there was very little empirical data or studies on outsourcing contracts due to the inherent confidentiality (due to fear [...

Two Acts, One Trick

Posted on January 23, 2009
Within hours of the terrorist attacks in Mumbai, news channels were making comparisons of the attacks to the terror strike on the World Trade Center on September 11, 2001. The invented coinage, ?India?s 9/11? gained quick currency and was applied to how the attacks had affected each one of us individually...

The Folly of Convention

Posted on October 20, 2008
TRAI recently issued a consultation paper on Media Ownership where it was concerned with the increase in cross-ownership and reduction in media plurality. After some research I came across several FCC commissioned studies which concluded that there was a lack of evidence to link the two...

Civil Procedure and the Internet

Posted on October 17, 2008
The Delhi High Court in the case of Frank Finn Management Consultants v. Subhash Motwani and Another (CS(OS) 367/2002) determined the scope of its jurisdiction under Section 19 of the Code of Civil Procedure, 1908 while making refrence to the availibility of the publication on the internet...

TRAI invites expression of interest in Spectrum Trading

Posted on October 16, 2008
The TRAI has invited expression of interest by consultants to advise it on the issue of Spectrum Trading. It marks a significant step away from the present position of not allowing trading in spectrum. For a copy of the TRAI press release click here

TRAI?s Do Not Call Registry completes one year

Posted on October 16, 2008
On October 11,� TRAI’s Do not call registry completed one year of effective operation. The press release indicates that in the past 6 months, “81 thousand complaints were received…out of which more than 79 thousand complaints have been addressed...

ICICI accuses Websites of causing recent bear run on its script

Posted on October 16, 2008
The recent liquidity crunch has resulted in a uniform bear run on the stocks of Indian Banks. Though ICICI bank has particularly been the victim of rumors as to its alleged liquidity crunch. In a FIR filed by the bank it has accused several people acting in a criminal conspiracy to exaggerate the bear run [...

News, Current Affairs soon on FM Radio

Posted on October 15, 2008
The Ministry of Information and Broadcasting has in principle approved private FM Channels to air news and current affairs programmes produced by AIR. The proposal awaits the signature of the cabinet minister and also requires a Cabinet clearance. Read more here

Inventing Statute: Einstein?s in the Indian Patent Office

Posted on October 14, 2008
This post reminds me of lawschool folklore narrated by one of my colleagues of how a professor quizzed a class on the criteria for patentability. Seeing this as an easy brownie point a student parroted, ?novelty, usefulness and non-obviousness?. The student was quite perplexed to see the professor say (with a wry smile), ?incomplete and [...

Bluebooking Plugin

Posted on October 14, 2008
I recently discovered that Zotero a free citation management plugin for Firefox supports the bluebook (dont know which edition!). The bluebook style can be downloaded from here. Its not perfect and the output may sometimes be incorrect but it does reduce manual labor (caps et al...

Terror Suspects charged with Hacking

Posted on October 10, 2008
The mumbai police have charged Mohammed Mansoor Asgar Peerbhoy, an alleged member of the Indian Mujaheddin with Hacking for sending a terror email. Mohammed Mansoor’s alleged modus operandi was driving around to identify the places from where there were strong WiFi signals...

See you in court ?

Posted on October 07, 2008
Ambush marketing was at play again when Airtel sought to launch its DTH services. Airtel to build up pre-launch hype ran an ad campaign which teased viewers with the display of a red sofa and a voice over, “See you at home”. The wily advertisers at rival Big TV, a bussiness concern of the Reliance [...

Bombay HC, ?Reveal thyself Blogger?

Posted on October 04, 2008
A defamation suit made the Bombay HC say, ?abracadabra relief granted against Google?. Google Inc. is the owner of the popular blogging platform Blogpost. Blogpost hosted a blog by one toxicwriter (a pseudonym chosen by the blogger to mask his/her identity)...

TRAI recommends legalising Internet Telephony within India

Posted on October 04, 2008
TRAI has released recommendations permitting ISPs to offer unrestricted internet telephony. The DoT is likely to accept them with some modifications. Until now only international VoIP telephony was legal. National Long D sitance operators will be permitted to connect to the internet and shall have mutual agreement for unrestricted telephony.

Google files for patent in India for social networking site

Posted on October 04, 2008
Google has filed a patent application before the Controller General of Patents, Designs and Trade Marks in India for its recently developed social networking site based on user preferences and format performance data. In its application filed on June 27 this year, Google has claimed that a user network site could be formed on the [...

TRAI Releases Consultation Paper on Media Ownership

Posted on October 04, 2008
TRAI has released a consultation paper on Media Ownership. Comments are invited on the following issues by 24th October 2008, (a) cross media ownership across different segments of media such as print/ television/ radio (horizontal integration); (b) cross holding restrictions to prevent consolidation including ?vertical integration? within a media segment such as television or radio; [...

Draft Amendments to Do Not Call Registry

Posted on October 04, 2008
Draft amendments recommended by the TRAI to the Telecom Unsolicited Commercial Communications Regulations, 2007 hope to make the National Do Not Call Registry (NDNC) more effective. The TRAI has asked cellular companies to give an option to the consumer to opt out of Unsolicited Commercial (UCC) Communication at the time of signup itself...

Govt, Blackberry makers to jointly resolve security issues

Posted on October 02, 2008
After the recent bomb blasts in Delhi the national security v. blackberry (i know it rhymes).. argument is well being argued again read more here

Draft Innovation Act : Kudos for Positive Law

Posted on October 02, 2008
Even lawyers who are not well acquainted with Intellectual Property Law know a thing or two about confidential information. The credit for this goes to lawyers creating facts (as well as law) unlike they are usually alleged to do. In the case of Diljeet Titus vs Alfred A...

Avnish Bajaj back in Safe Harbors

Posted on October 01, 2008
Four years ago the Delhi High Court in granting bail to Mr. Avnish Bajaj, the CEO of Ebay India (popularly known as the Bazee MMS Case) stated that the case will ?address the dangers which are endemic in this type of business?. Recently when hearing an application to quash the charges which were framed against [...

DoT may prevail over TRAI on 3G issue

Posted on July 06, 2008
More on foreign participation in the 3G Spectrum auction. A report appeared in a national daily that foreign players may be allowed participation after a meeting of cabinet ministers. Read more here

Spectrum Meetings : Making stakeholders and Policy Makers see eye to eye

Posted on July 05, 2008
A panel formed by the Department of Telecommunications (DoT) to recommend methodology, including a suitable auction mechanism for the allocation and pricing of second generation (2G) spectrum for mobile services, would meet on July 14. Read more here

Dispute over Interoperability of Set Top Boxes

Posted on July 05, 2008
A storm is brewing over the ineroperability of Set Top Boxes for DTH Services, with one DTH Service provider accusing an established DTH player for supplying incompatible boxes to its customers. Read more here

TRAI rejects ESPN?s pricing contention on DTH Platforms

Posted on July 05, 2008
Continuing with its trend of rejecting special pricing contentions of specialty television channels the TRAI rejected ESPN?s arguments for charging a bouquet price for the DTH Platform.� Read more on the TRAI Website. Click Here.

First Adjudication Application under ITA 2000 Filed in Chennai

Posted on July 05, 2008
An adjudication application for a civil wrong (not incurring penal penalties only resulting in monetary damages being awarded if the plaintiff is successful) under Section 43 of the Information Technology Act was filed Mr C Umasankar, an NRI customer of ICICI Bank...

PM may approve foreign participation in 3G auctions

Posted on July 05, 2008
Prime Minister Manmohan Singh has reportedly approved DoT’’s proposal to permit foreign players in participating in 3G spectrum auctioning?.�� read more at the Telecom Tiger Website. Click Here

TRAI set to recommend tighter licensing for cable services

Posted on July 05, 2008
Telecom Regulatory Authority of India (TRAI) is all set to recommend a tighter licensing regime for cable services with separate registration process for both MSOs and cable operators? read more at the ET Website. Click Here

Deleted Files on Hard Disks: Electronic Records

Posted on July 04, 2008
Recently I had occasion to read the judgment in the case of Dharambir v. Central Bureau of Investigation [cited as 148 (2008) DLT 289]. The case concerns prosecution of several accused on the basis of intercepted telephone conversations. These intercepted communications were stored on hard disks out of which CD?s were made subsequently...

Deleted Files on Hard Disks: Electronic Records

Posted on June 20, 2008
Recently I had occasion to read the judgment in the case of Dharambir v. Central Bureau of Investigation [cited as 148 (2008) DLT 289]. The case concerns prosecution of several accused on the basis of intercepted telephone conversations. These intercepted communications were stored on hard disks out of which CD?s were made subsequently...

74% Correct

Posted on May 18, 2008
TRAI recently recommended greater liberalization for FI Limits in the Broadcasting Sector. As expected the TRAI followed the methodology of differentiating between carriage services and content services. After pigeonholing services between these groups uniform FI limits were suggested...

Crowded House: Comments on TRAI?s Recommendations on Permitting New Entities for Allocation of 3G Spectrum

Posted on May 07, 2008
Recently, TRAI restated its stand on, not permitting new entities participate in an auction for allocation of 3G spectrum. Initially, I was against the recommendation that only existing operators should be allowed to bid for 3G Spectrum. However, on a deeper study I found the recommendation correct...

Destroying Consent

Posted on April 20, 2008
The creeping nostalgia of “Chitrahaar“, will not change my opinion against the State participating in Broadcasting and Distribution Activities. The TRAI has recently mooted the idea of permitting State instrumentalities (the union government and its organs, State Governments and their organs, urban and local bodies, political bodies) in Broadcasting and Distribution Activities...

Blow out the candles, Here comes the sun

Posted on April 12, 2008
In 1845, the classical liberal theorist, Federic Bastiat, wrote a satirical piece on protectionist petitioners, entitled, ?A petition by candle makers?, in which he depicted how the candle makers of a French town petition public authorities to block out the sun...

An Innocuous Berry

Posted on April 07, 2008
Recently there have been reports about Blackberry devices sought to being banned in India due to security concerns. The entire rationale for this argument is due to the level of protection being provided by blackberry devices for emails to its users. Security agencies fear, emails which pass over the secure and encrypted blackberry network have [...