Please Don’t Juxtapose Piracy Over Copyright Infringement By Making Latter A Cognizable Offense!

 

We are unnecessarily confusing Copyright Infringement with Piracy, by making the former equivalent to a cognizable offense, which to me, would not only kill creativity, that in any case was already absent, but, would further stretch doing the things which could’ve already been resolved vide civil injunctions, penalties, or by removing/withdrawing of the infringed content.

I’ve always written in my blogs that don’t pull the thread of the kite so hard that either it doesn’t fly, or, the thread is only severed. Let the kite be loosely held, and yes, be held! Don’t severe it! Don’t pull it! And at the same time, ne’er let that thread also go away from your hands.

Whereas in case of Piracy, of course, one needs to pull hard. But in case of Copyright Infringement, making it a cognizable offense rather resolving it with a basic civil remedies viz. penalties, injunctions, removing the infringed part etc. that could easily resolve the case; Unless of course, someone’s act is repetitive only multiple times, as, in that case indeed, one can take stringent action; But, mere infringement of Copyright shouldn’t be considered as a huge crime, unless it diverges into an act of piracy, or again, repetitive actions, in which case -> mens rea is discerned, which is again different from groundless threats under the defense!

Take this example. Few years back, there were few well-qualified lads who thought to start an instrumentation company (electrical/electronics) and they unintentionally and unknowingly almost ended up using already in use IP, which they immediately stopped, and I would say, before even starting (paradox), when I asked them, when they approached me for the advise! Now honestly, would you have acted against these young lads under cognizable offense had they started using that IP? In my opinion, NEVER! Because, what can be resolved by mere cease and desist notice, or, penalties, or, lets’ say injunctions (interim/perpetual) etc., why need such harsh steps!

Making Copyright Infringement as cognizable offense would not only kill the Creativity or Inventions, which in any case is hardly visible, but, it’s now being equated to Piracy, a broader term where from the international borders to large scale consignments of pirated products are involved; which cannot be considered equivalent to the term Copyright Infringement.  

One can also invoke maxims alike Ignorantia Juris Non Excusat OR Caveat Emptor and so on as an analogy; but please understand, if I start equating everything in verbatim today, even nations then should cease to exist on verbatim grounds!

Thus, my request! 😊

© Pranav Chaturvedi