Amazon will face trial in Delhi over its intermediary status in a Kindle copyright case. The Delhi High Court will determine if Amazon can claim safe harbor protections under IT Act Section 79, despite allegedly converting the book. This ruling could redefine intermediary liability for platforms offering both marketplace and content creation tools.
How We Got Here
The case dates back to 2018, when author Vasundhara Prakash alleged her book was sold on Kindle globally after she revoked publishing rights. Prakash had notified Amazon India in April 2018 to remove her book from listings, but it later appeared on international Kindle platforms.
The Numbers
- Delhi HC on September 30, 2026, dismissed Amazon's plea to be removed as a defendant.
- The court requires "evidence" to examine the "nature, extent, and scope" of Amazon's role in the case.
- Justice AJ Bhambhani clarified that a trial court's prior observation calling Amazon a "direct infringer" is not conclusionary evidence.
- Prakash claimed her book was available on Amazon.com and Amazon.uk, sold at US$ and GB£ price points.
- Amazon India claims it deleted its listing and the Kindle version was available for only 12 days, between May 21 and June 2, 2018.
What Happens Next
🇮🇳 Why This Matters for India
For Indian authors and digital content creators in cities like Bangalore and Mumbai, this case could establish clearer liability for platforms that publish their work.
The Take
The real tension here is Amazon operating not just as a marketplace, but potentially as a publisher by enabling Kindle conversion. This case will ultimately test how far "safe harbor" extends when a platform actively facilitates content creation and distribution, not just hosting.
Source:
MediaNama ↗