Anti-Circumvention Laws and Consumer Fair Use: Evaluating Reform Needs in India’s Copyright Governance
The increasing reliance on technological protection measures (TPMs) has transformed copyright enforcement from a rights-based adjudicatory system into a technologically embedded control architecture. In India, Section 65A of the Copyright Act, 1957, introduced through the Copyright (Amendment) Act, 2012, criminalises circumvention of effective technological measures. While enacted to comply with obligations under the WIPO Copyright […]
The 2021 Coinbase data breach brought renewed attention to the growing tension between technological innovation and consumer protection in the digital financial ecosystem. As one of the largest cryptocurrency exchanges globally, Coinbase functions not merely as a technological intermediary but as a custodian of sensitive personal and financial data . When a data breach exposed thousands of users to identity theft and fraud, questions arose regarding the extent of responsibility that such digital platforms owe to their consumers. The legal dispute that followed was not confined to the mere fact of a cyber incident. Rather, it examined broader issues of corporate governance, internal accountability, contractual limitations of liability, and the applicability of consumer protection norms in the rapidly evolving cryptocurrency sector . This case analysis evaluates the legal reasoning adopted in the matter, critically assesses the court’s interpretation of duty and liability, and explores the wider implications for consumer governance in digital markets.
The increasing reliance on technological protection measures (TPMs) has transformed copyright enforcement from a rights-based adjudicatory system into a technologically embedded control architecture. In India, Section 65A of the Copyright Act, 1957, introduced through the Copyright (Amendment) Act, 2012, criminalises circumvention of effective technological measures. While enacted to comply with obligations under the WIPO Copyright […]
Digital Identity Theft and Online Trademark Fraud in India: Rethinking Cyber Governance at the Intersection of Technology and Intellectual Property
The proliferation of electronic trade in India has changed the notion of commercial identification. Domain names, social networking profiles, electronic store fronts, and electronic identities have become essential factors in verifying legitimacy and origin. Any abuse of such electronic identifications constitutes not only cyber-fraud but also trademark violations. Nevertheless, Indian laws cover these crimes in […]
DECODING VICARIOUS LIABILITY IN TORTS
Vicarious liability stands as a cornerstone doctrine in law of torts. It embodies the principle that an employer bears legal responsibility for wrongful acts committed by employees within the scope of employment. This paper examines the doctrine through its theoretical foundations grounded in the maxim respondeat superior. The practical implication of this is spread across […]
A BREAKDOWN OF STRICT AND ABSOLUTE LIABILITY
This paper examines two critical doctrines in tort law that impose liability without requiring proof of negligence or intent. The rule of strict liability, established in the 1868 landmark judgment of Rylands v. Fletcher, applies to the escape of dangerous things from land and permits specific defences. In contrast, absolute liability, formulated by the Indian […]
ALGORITHMIC EMPLOYERS AND THE LEGAL VACCUM: A CASE FOR RECLASSIFYING GIG WORKERS IN INDIA
The rapid expansion of India’ platform economy has transformed the nature of employment and raised serious concerns regarding labour protection for gig workers. Digital platforms such as ride- hailing and food delivery applications exercise extensive control through algorithmic systems while continuing to classify workers as independent contractors. This classification excludes workers from labour rights relating […]
CONFLICT OF LAWS IN CROSS-BORDER CLICKWRAP AGREEMENTS: AN INDIAN PERSPECTIVE
With the advancement digital commerce, clickwrap agreements has become the dominant mode of contractual consent across borders. This raises critical questions at the intersection of contract law, jurisdictional authority and consumer protection. The enforceability of cross-border clickwrap contracts in India reveals a structural tension between party autonomy and domestic legislation. Prior research has examined validity […]
Need for Procedural Safeguards Against Misuse of Gender Protection Laws in India
Gender protection laws in India were enacted with the objective to safeguard women from discrimination, violence, and harassment in a patriarchal society. Indian laws such as section 498A of IPC , The Dowry Prohibition Act, and the Protection of Women from Domestic Violence Act play an important role in protecting women’s rights and ensuring gender […]
Passive Euthanasia in India: Legal and Ethical Challenges
the legal framework of passive euthanasia in India, tracing its development through landmark judgments such as Aruna Shanbaug and Common Cause. It analyses the recognition of the right to die with dignity under Article 21, the concept of living wills, and the ethical, religious, and practical challenges surrounding passive euthanasia
The Project Director, NHAI v. M Hakeem (2021)
the Supreme Court’s decision in Project Director, NHAI v. M. Hakeem (2021), which held that courts cannot modify arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996. The judgment reinforces minimal judicial interference, arbitral finality, and India’s pro-arbitration framework while highlighting concerns regarding fairness in statutory arbitration.