Copying information (word format)
Adv. Hareesh Mahadevan
Practicing High Court Advocate, LLM (Criminology) Diploma in Cyber Law from Govt Mumbai Law College, Expert in IPR affairs, Corporate Legal Advisor, available in Thruvananthapuram, Kochi , Chennai , Puthucherry
If any person without permission of the owner or any other person who is in charge of a computer, computer systems or computer network –
(b) downloads, copies or extracts any data computer data base or information from such stored in any removable storage medium;
…… he shall be liable to pay damages by way of compensation not exceeding one Crore rupees to the person so affected.
Penalty for the following unauthorised acts:
1. Downloading from a computer system or computer network,
2. Copying from a computer, computer system or computer network,
3. Extracting data, database or information from a computer, computer system or computer network.
The term download is generally used for transferring information, software etc-
1. From a remote or distant to a nearby computer,
2. From a larger to a smaller computer,
3. From a computer to a peripheral device (e.g. floppy)
· Arjun is browsing the internet and comes across a useful software program stored on a website. He downloads it from the internet onto his computer. He then installs it on his computer.
· Revathy uses her personal laptop to connect her office server. She then downloads the Office Manual from the server onto her laptop.
· Revathy makes an online purchase of some songs. After the payment is processed, she downloads the song from the music company’s website onto her cell phone which is connected to her laptop.
Copies means “to duplicate or reproduce or imitate something”. The original information is not affected by the copying. It remains unchanged. The copied information may be in a different format as compared to the format of the original information. This can be understood from the following examples.
· Revathy stores all her important data on her laptop in the “D” drive. In order to prevent accidental deletion of her data. She copies it onto the “E” drive of her laptop.
· Revathy reads a very funny joke on a website. The website has stored the joke in an image file so that people cannot simply copy the joke and email it to their friends. The website wants users to refer their friends to its webpage in order to read the joke.
Revathy reads the joke on the website and then types it in work into a text file in her computer. She has copied the joke.
· Revathy has created an MS Word document on her laptop. She then specialised software to convert the document into a PDF (Portable Document Format) file. She has copied the original file and reproduced it in a new format.
· Revathy has purchased a CD containing dozens of songs in mp3 format. Using her computer, she copies the songs from the CD onto her cell phone.
Extracts means to derive or obtain something. Extracting usually requires some special effort or skill.
· Revathy has purchased a CD containing songs in “cda” format. Using her computer, she converts the songs into mp3 format. She has extracted the mp3 format songs from the audio CD that she had purchased.
· Revathy obtains the source code files for open source software. She then uses “compiler” software to convert the source code files into the executable file. This executable can be used to install the software onto a computer. She has extracted file from the source code files.
· Revathy obtains a software executable file. She then uses “decompiler” software to obtain the source code files that were used to create the executable file. She has extracted the source file from the executable file.
Data is a formalised representation of information, knowledge, facts, concepts or instructions. Data undergoes processing by a computer. Data can be in electronic form (e.g. stored in a CD) or physical form (e.g. computer printouts).
Examples of data include computerised attendance records of a school, information in the RAM of a computer, printouts of a computerised accounting system etc.
Computer data base is a formalised representation of information. The term includes information produced by a computer and intended for use in a computer. This is best understood through the following illustration.
· Grandreams School has an automated system for student administration. This system is powered by a database that contains detailed student information.
One table of this database is titled “basic_ info” and contains the following categories’ of information.
Another table is titled “student _marks” and contains the following categories of information.
When a student’s report card is to be prepared, the system automatically takes the marks from the “student _marks” table and the name and contact information from the “basic _details” table.
It then collates the information and prepares the final report card.
Information includes data, text, images, sound, voice, codes, computer programmes, software and database or microfilm or computer micro fiche.
Microfilms are processed sheets of plastic (similar to the commonly used photograph rolls ) that carry images of documents. These images are usually about 25 times reduced from the original document size.
The images cannot be read by the naked eye and special readers are used to project the images on a screen. They are most commonly used in libraries for transmission, storage, reading and printing of books.
Microfiche is a type of microfilm which carries several micro images.
The following are information:
e. A photo of Malavika stored on a DVD
f. A Jothika song stored on a CD
g. The ebook version of this book
h. A recording of a phone conversation
Removable storage medium is a storage medium that retains the stored information even after it has been removed from a computer e.g. hard disks, floppies, USB disks, zip drives, CD, VCD, DVD.
The RAM of a computer would not be removable storage medium as it loses all stored data as soon as it is removed from the host computer.
The penalty provided for unauthorised copying, downloading or extracting information is compensation up to Rs 1 Crore.