A District Commercial Court in South Delhi will examine Amazon's intermediary status in a copyright infringement case involving the Kindle version of Vasundhara Prakash’s book “Fragments: You and I.” The case centers on allegations of unauthorized sale of the digital book on Amazon’s platform in 2018. The Delhi High Court dismissed Amazon’s plea to be removed as a defendant on September 30, keeping the company involved in the ongoing trial, according to medianama.com.
Amazon claims it is merely an intermediary entitled to safe harbor protections under Section 79 of the IT Act, arguing it does not bear liability for unauthorized content hosted on its platform. However, the court noted that the nature, extent, and scope of Amazon’s role in the alleged infringement require evidence to be established during the trial. The case also raises questions about Amazon’s use of its own converting and publishing tools in distributing the Kindle version globally.
This case is significant as it challenges the boundaries of intermediary liability for digital content distribution in India’s evolving legal landscape. The outcome could impact how e-commerce platforms and digital content providers are held accountable for copyright violations, especially when they provide tools for content conversion and publishing. The Delhi High Court’s refusal to delete Amazon as a defendant underscores the judiciary’s scrutiny of intermediary protections in copyright matters.
The trial court will further examine evidence regarding Amazon’s role in the alleged unauthorized hosting and distribution of the Kindle book. The next hearing date has not been disclosed, but the case will likely set important legal precedents for intermediary liability under India’s IT Act and copyright law.