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Category: Technology

‘Search Bias’ Under Indian Competition Law

Posted on August 6, 2019August 4, 2019 by Tech Law Forum @ NALSAR

The following post has been authored by Vishakha Singh Deshwal, an LLM candidate at the West Bengal National University of Juridical Studies (WBNUJS), Kolkata. Here she analyses an emerging issue at the intersection of technology and competition law.

Every enterprise wants its Uniform Resource Locator (URL) to appear among the top links on search engines because these links get the most clicks. Research reveals that the 10 highest-ranking generic search results on the first page together generally received approximately 95% of all clicks on generic search results.[1] While some enterprises pay huge advertisement costs to ensure that their links appear at the top (paid links), others resort to Search Engine Optimization (“SEO”) to acquire top spots among unpaid links. SEO may include regularly uploading quality content to the website, creating a user-friendly browsing experience, ensuring that the website is compatible with computers and hand-held devices, engaging in social media marketing, etc.

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Automated Facial Recognition System and The Right To Privacy: A Potential Mismatch

Posted on August 3, 2019August 4, 2019 by Tech Law Forum @ NALSAR

This post has been authored by Ritwik Sharma, a graduate of Amity Law School, Delhi and a practicing Advocate. In a quick read, he brings out the threat to privacy posed by the proposed Automated Facial Recognition System.

On 28th June 2019, the National Crime Records Bureau (NCRB) released a Request for Proposal for an Automated Facial Recognition System (AFRS) which is to be used by the police officers in detecting potential criminals and suspects across the country.

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De-linking the Deep Links: An Insight Into the PVR-Justdial Controversy

Posted on July 27, 2019July 27, 2019 by Tech Law Forum NALSAR

This post by Archita Prawasi, currently in her 3rd year at NALSAR University of Law, was originally published here. In an explanatory piece, she brings forth the impact of technology on IPR.

A recent dispute between PVR and Justdial has highlighted the connection between various facets of networking and IP infringement that ensues through the use of regular networking tools like deep links, meta tags and frames. With the interim order by the Delhi High Court against Justdial, it seems that new age digital awareness is catching up with the old and still relevant IP laws in the country. Before discussing the facts of the dispute, it is relevant to discuss the implications of the networking tools forming the dispute.

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Are Smart Contracts a Smart Option?

Posted on July 25, 2019July 26, 2019 by Tech Law Forum NALSAR

This post has been authored by Harshit Goyal, currently in his 3rd year at National Law School of India University, Bangalore. In a well-reasoned piece, the author presents a simplified analysis of the feasibility of smart contracts.

Smart contracts are a set of self-propelled contracts which use blockchain as a platform to complete the transactions. This concept was introduced by Nick Szabo back in 1996. Since then, a lot of nations have endorsed this concept for being a technological revolution. In this post, I will endeavour to show that smart contracts are not really a smart option as they are riddled with several unsolvable legal issues. The analysis is primarily focussed on the smart contracts made on ethereum blockchain.

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Does Web Crawling Contravene the Indian Copyright Act, 1957?

Posted on July 18, 2019July 18, 2019 by Tech Law Forum NALSAR

[Ed Note: The following post has been authored by Shivang Agarwal, currently in his final year at NALSAR University of Law. In an interesting read, he analyzes the nature of web crawling actions and the kind of information collected to assess whether claims of copyright infringement may be brought against entities running such search engines.]

Web crawling is a process by which programs, which are colloquially known as ‘web spiders’ or ‘web robots’, browse the World Wide Web in a methodical and automated manner in order to index information found on every web page they come across. Many legitimate service providers, including search engines, employ web spiders to provide up-to-date information and data to their users.

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Data Protection: Consumer Perspectives at Facebook Design Jam

Posted on July 18, 2019July 18, 2019 by Tech Law Forum NALSAR

[Ed Note: This post is the first in a series of posts by members of TLF who attended the Facebook Design Jam in Hyderabad on 10 July 2019. It has been authored by Namratha Murugeshan, a final year student at NALSAR University of Law and member of TLF.]

Members of TLF’s Organizing Committee were invited to attend Facebook’s Data Awareness Design Jam on the 10th of July 2019. A Design Jam is an event that provides a platform for start-ups and designers to pitch and improve their products. They are typically very interactive and informative sessions that help the participants gain new perspectives about their products and learn more about compliance with law and policy. Likewise, Facebook’s event too was an excellent opportunity for us to interact with start-ups, professionals, policymakers, designers and surprisingly, quite a few lawyers too. A key takeaway for the TLF members present at the event was gaining knowledge about the consumer perspectives surrounding data protection in India. A panel discussion on the same topic was organized at the Jam. The speakers included Smriti Parsheera from NIPFP (National Institute of Public Finance and Policy), Shagufta Gupta from CUTS (Consumer Unity & Trust Society) and Prerak Mehta from Dalberg Global Development Advisors. This post is a brief on the panel discussion.

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Perils of PUBG Ban in India & the Enemies Ahead

Posted on July 9, 2019 by Tech Law Forum @ NALSAR

[Ed Note: The following post has been authored by Anirudh Vijay, a fourth year student of B.A. LL.B. (Hons.) at Faculty of Law, Jamia Millia Islamia, New Delhi. In an engaging read, Vijay talks about how the Gujarat government’s decision to ban popular game PUBG is problematic, and provides recommendations in this regard. Read to find out more!]

Introduction

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App Stores and Abuse of Dominance: The Case Against Apple (Part II)

Posted on July 8, 2019July 2, 2020 by Tech Law Forum NALSAR

[Ed Note: The following is the second part of a two-part post authored by Mohini Parghi, a third year student of NALSAR University of Law. This post has been authored as part of the TLF Editorial Board Test 2019-20. Part I can be found here.]

I. Introduction

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App Stores and Abuse of Dominance: The Case Against Apple (Part I)

Posted on July 8, 2019July 2, 2020 by Tech Law Forum NALSAR

[Ed Note: The following is the first part of a two-part post authored by Mohini Parghi, a third year student of NALSAR University of Law. This post has been authored as part of the TLF Editorial Board Test 2019-20. Part II can be found here.]

Introduction

Recent developments have seen a significant amount of discussion on the activities of tech giants such as Google and Apple and their anti-competitive effects. One of the focal points of these discussions has been the app store. Last month, Spotify’s allegations against Apple for, inter alia, imposing unfair conditions and giving preferential treatment to Spotify’s competitor Apple Music brought these issues into the limelight. In addition to this, the Dutch Competition Authority launched an investigation into app store related competition law concerns. Across the Atlantic, the US Supreme Court also ruled against Apple when it held that customers could sue Apple for the 30% commission it charges, even though it is paid by the app developers. Clearly, the case against Apple for using its App Store to stifle competition has gained traction. Such cases would prove to be instructive for future action against tech giants for using online platforms to abuse their dominance and the purpose of this post is to provide a brief idea of how such cases could proceed.

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The Indo-Us Solar Panel Dispute and The Glaring Lack of a WTO Framework To Address Environmental Concerns

Posted on March 11, 2019November 12, 2019 by Prateek Surisetti

INTRODUCTION

In the 2016 Indo-US dispute pertaining to Indian schemes relating to solar cells and solar modules (WT/DS456/AB/R), the WTO Appellate Body ruled against India for favouring domestically sourced solar panels over international panels, despite India raising issues relating to energy security and the environment.

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