Chief of eBay's Indian Site Arrested, Released

An anonymous reader writes "As reported, Avinash Bajaj, the CEO of Baazee.com, the Indian subsidiary of eBay, was arrested by the Indian police for distributing pornography. What really seems to have happened is that two high school students from Delhi Public School filmed themselves having oral sex, and this video was distributed through Delhi by email. Some time later, Ravi Raj Singh, a college student from IIT Delhi, offered his VCD of the 157-second clip for sale on Baazee. Avinash Bajaj has now been released on bail, but his U.S. passport is still impounded. AP report here." In reaction to the scandal, SoumyaRay writes, "the Indian government is planning a law based on the DMCA that would establish the responsibility of the corporation when dealing with copyrighted materials. The law 'would deal with four categories of functions by a service provider: transitory communications, system caching, storage of information on systems or networks and information location tools.' Does this differ in any major way with the DMCA? What is being overlooked and what is the potential for abuse? What would you propose?"

Comments

My proposal

[Ckwop]

My proposal? Let people have their pornography. Sex is something for everyone and I really don't understand how cultures get so upset about it; after all, it is the most important human function.. our society is built on the foundations of sexual relationships. India may be a democracy but theres no point in democracy if you're no more free than you would be under a tyrant. Freedom is not the same as democracy.

Simon.

Re:My proposal

[metlin]

Sex is all fine and dandy, but you're ignoring the fact that this is the video of a girl which has been publicized without her consent.

While the arrest of Bajaj (the CEO) was wrong, I do not see why it was wrong on the part of the government to clamp down on the distribution of the video.

She shared her intimate moments with someone she trusted, and the jerk betrayed her. This is less about sex and more about privacy.

Re:My proposal

[drsmithy]

Even if you discount the law of the land (IANAL, in any case), most people would consider peddling child porn as immoral in ANY country.

A video of someone over the age of consent having consensual intercourse hardly qualifies as kiddie porn. Indeed, considering it such is a bit of an insult to children who were actually sexually abused.

Re:My proposal

[Baroova]

My thoughts exactly. The public school has expelled the girl for something which she has not commited at the school site, nor has she misused the name of the school in any way. The school has in fact never educated any of its students on the do's and dont's of sex which gives it no right to judge the girl. The boy, on the other hand, deceived the girl. I have seen the video and it is evident from it that she was participating in it because it was private to the two of them. According to the news reports, when the girl broke up with the boy a few days later, the boy sold the video to his class mates and friends for a small fee to get even with the girl. The government has been active in addressing the issue in the most in appropiate way, arresting people for promoting pornography when this is a case of intrusion of privacy and trust, for which the boy should have been arrested as early as possible. But he was arrested only 4 days ago, almost 2 weeks after it all started! The govt. went overboard in arresting and lodging Bajaj in Tihar Jail, where only the hardened criminals are lodged. A heavy fine or a suspension of the site (www.baazee.com) for a few days would have been a more appropiate reaction.

Re:My proposal

[gunnk]

A heavy fine or a suspension of the site (www.baazee.com) for a few days would have been a more appropiate reaction.

I have to disagree with you on that last point. Baazee took down the auction as soon as they became aware of it. They did the right thing from the very beginning as far as I can tell. There was no intent on the part of Baazee to distribute pornography.

Suppose one day someone slid some child pornography under your front door. Would you believe that you should be fined or arrested for possession of those materials? You certainly never planned on possessing those materials any more than Baazee planned on selling pornographic materials.

In situations like this there has to be intent in order for their to be wrongdoing.

Are they going to arrest

[halaloszto]

The CEO of the Postal Service for distributing drugs and weapons.

The CEOs of the Railway companis for transporting criminals.

The managers of several hotels for hiding criminals.

This is insane. vajk

Re:Ummm, She Was 16...

[dJOEK]

Take off that American blindfold of yours.

there are plenty of countries where the age of consent is much much lower.
http://www.ageofconsent.com/

Your culture and views are not globally accepted, and that is how it should be.