PCQuest talks to legal expert: Gaurav Sabnis vs IIPM
PCQuest talked to Rodney D Ryder, who leads a full service law firm called Preconcept which specializes in technology and media laws, about the recent notices sent by IIPM to Gaurav Sabnis, an indian blogger. The entire interview is published in the November 2005 edition of PCQuest and is up for the grabs in the market.
Rodney expressed his surprise on more than one occassion regarding the kind of legal notice that was sent to Gaurav Sabnis, apart from shedding more light on the various options that are at the disposal of both IIPM as well as Gaurav Sabnis to take the matter forward legally.
Some excerpts from the interview:
Rodnet has to say this, "At the outset, one must confess sheer and utter bafflement at the notice. As a legal notice, it is unclear in making out the case against either the Blogger or his employer..." and regarding the 'arrest warrants' in the legal notice, he said, "...the legal notice is quite baffling!...It is essential that the grounds for a potential complaint or suit be made out. Libel, as it might be, would not lead to arrest"
regarding the claim 'we are also providing your details to various corporations within India and abroad', he said, "Another mystifying and bamboozling statement! Why should they do this?" he also added that "'notarized and legally ratified' through Google and blogspot[in the legal notice] makes no sense." When asked about the liability of a blogger, a forum or wiki in such matters, he clarified, "Merely pointing or linking would not invite liability, except contributory liability, which in this case is far fetched, but comments if not carefully worded could be construed as libel and invite legal action"
When i just thought that the entire media is just waiting for something to happen before commenting anything about the ongoing 'war' of principles, PCQuest has done a good job by trying to atleast get clear about some legal issues. To read the full interview, grab the November issue of PCQuest and turn to page 62. i wish PCQuest makes the interview publicly available to everyone on their website. Another technology magazine, Digit, has also published a news item regarding the same controversy.
[IIPM]
Rodney expressed his surprise on more than one occassion regarding the kind of legal notice that was sent to Gaurav Sabnis, apart from shedding more light on the various options that are at the disposal of both IIPM as well as Gaurav Sabnis to take the matter forward legally.
Some excerpts from the interview:
Rodnet has to say this, "At the outset, one must confess sheer and utter bafflement at the notice. As a legal notice, it is unclear in making out the case against either the Blogger or his employer..." and regarding the 'arrest warrants' in the legal notice, he said, "...the legal notice is quite baffling!...It is essential that the grounds for a potential complaint or suit be made out. Libel, as it might be, would not lead to arrest"
regarding the claim 'we are also providing your details to various corporations within India and abroad', he said, "Another mystifying and bamboozling statement! Why should they do this?" he also added that "'notarized and legally ratified' through Google and blogspot[in the legal notice] makes no sense." When asked about the liability of a blogger, a forum or wiki in such matters, he clarified, "Merely pointing or linking would not invite liability, except contributory liability, which in this case is far fetched, but comments if not carefully worded could be construed as libel and invite legal action"
When i just thought that the entire media is just waiting for something to happen before commenting anything about the ongoing 'war' of principles, PCQuest has done a good job by trying to atleast get clear about some legal issues. To read the full interview, grab the November issue of PCQuest and turn to page 62. i wish PCQuest makes the interview publicly available to everyone on their website. Another technology magazine, Digit, has also published a news item regarding the same controversy.
[IIPM]
posted by sami at 11/10/2005 07:40:00 PM
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