Guy Reveals Airtel Secretly Inserting JavaScript, Gets Threatened … – Techdirt – FilmyVoice

from the copyright-law-at-work dept

Final week, an Indian blogger, Thejesh GN, found that cellular operator Airtel was injecting javascript into subscribers’ searching classes, which is each extremely sketchy and an enormous safety concern (to not point out elevating internet neutrality points on the aspect). He posted the proof to GitHub and tweeted about it:

He posted the proof displaying that javascript was being quietly inserted, and that it apparently tried to insert some kind of toolbar:

That’s all tremendous sketchy. However that’s simply the very starting of this story. As a result of days later, Thejesh acquired essentially the most ridiculous authorized menace letter, coming from a lawyer named Ameet Mehta from the legislation agency Solicis Lex. It claims to be representing an Israeli firm, Flash Community, which is outwardly liable for the code injection software program… and it claims that by merely revealing to the general public that Airtel was doing these injections, he had engaged in legal copyright infringement below the Data Expertise Act, 2000.

If that sounds acquainted, that’s as a result of we wrote about that ridiculous legislation final yr, noting that it might technically permit individuals to be put in jail for merely desirous about infringing somebody’s copyright.

And the Solicis Lex attorneys, to point out they’re not messing round, cc’d the police on the letter they despatched:

The crux of the “copyright” declare appears pretty ridiculous:

The stated code is closed supply software program and our shopper is sole proprietor of the identical. Due to this fact, nobody can use the stated code with out acquiring license from our shopper towards cost of charges and/or royalties and on industrial and authorized phrases acceptable to our shopper. Your aforementioned actions represent a blatant violation of our shopper’s copyrights and different proprietary rights within the stated code.

Bear in mind: all Thejesh GN did was present the code that Airtel inserted into his browser. If Flash Community thinks that displaying the code that it dumps into every of your searching classes is legal copyright infringement, nearly anybody who does a “view supply” might be responsible. That’s a plainly ridiculous studying of the legislation.

On prime of that, the attorneys despatched a DMCA discover to GitHub, which caved in and took it down:

That is regardless of GitHub’s latest promise to not take issues down with out first alerting the customers in query.

Completely all the things about that is insane and unhealthy. The preliminary injections by Airtel/Flash are unhealthy and harmful. Each corporations must be referred to as out for such javascript injections. However, Flash’s response to not solely threaten a totally bogus copyright takedown/stop and desist declare, but in addition to allege legal violations that would result in jail time simply provides an insane layer on prime of all that. Even arguing that merely posting screenshots of the injected code is civil copyright infringement is loopy. After which issuing a DMCA takedown to GitHub (to not point out GitHub agreeing to take the screenshots down…). All of it’s ridiculous and a transparent abuse of copyright legislation to silence somebody who revealed Airtel and Flash Community have been as much as questionable actions.

For individuals who argue that copyright is rarely used for censorship: clarify this story.

After all, all of it appears to be backfiring in a giant approach. Flash might have needed to cover what they have been as much as, however now it’s getting a lot, a lot, way more consideration. Possibly, subsequent time, slightly than threatening whistleblowers of your unhealthy practices with claims of legal copyright infringement, Flash and Airtel will suppose extra about their very own crappy enterprise practices that put customers in danger.

Solicis Lex 1 (PDF)

Solicis Lex 1 (Textual content)

Filed Below: stop and decist, copyright, legal copyright, dmca takedown, free speech, india, injection, israel, javascript, javascript injection, thejesh gn

Corporations: airtel, flash community, github, solicis lex