[Fsf-friends] Microsoft and their Indian promoters can be sued...

[CK Raju, Thrissur]

Information Technology Act provides stiff penal clauses through which
proprietary software agencies like Microsoft and their (scrupulous) Indian
promoters like IKM (in Kerala) can be sued.  Here's the relevant paras ...
"70. Protected system
(1) The appropriate Government may, by notification in the Official Gazette,
declare that any computer, computer system or computer network to be a
protected system.    (2) The appropriate Government may, by order in
writing, authorise the persons who are authorised to access protected
systems notified under sub-section (1).    (3) Any person who secures access
or attempts to secure access to a protected system in contravention of the
provision of this section shall be punished with imprisonment of either
description for a term which may extend to ten years and shall also be
liable to fine.72. Penalty for breach of confidentiality and privacySave as
otherwise provide in this Act or any other law for the time being in force,
any person who, in pursuance of any of the powers conferred under this Act,
rules or regulation made thereunder, has secured assess to any electronic
record, book, register, correspondence, information, document or other
material without the consent of the person concerned discloses such material
to any other person shall be punished with imprisonment for a term which may
extend to two years, or with fine which may extend to one lakh rupees, or
with both." All we need to demonstrate is loss of data without the consent
of the owner, here, the Government, for which only an internet connection to
a protected system is needed. Microsoft, would pull out data without the
requisite consent, and they and their promoters can be tried in Indian
courts.
"75. Act to apply for offence or contravention committed outside India

    (1) Subject to the provisions of sub-section (2), the provisions of this
Act shall apply also to any offence or contravention committed outside India
by any person irrespective of his nationality.

    (2) For the purposes of sub-section (1), this Act shall apply to an
offence or contravention committed outside India by any person if the act or
conduct constituting the offence or contravention involves a computer,
computer system or computer network located in India."
State IT Policy can remind the agencies of this issue, though its not
mandatory, law is binding, whether you know it or not. Traitors, beware....

CK Raju
Thrissur
--------------------------
All fire, no smoke...
http://ernakulam.sancharnet.in/doxa