E-Commerce and Indian Cyber Law

Refrence::
http://economictimes.indiatimes.com/opinions/962588.cms

“Baazee could have taken care of such listings before head. Baazee should review all the listings where the products violate copy right or any IPR. The telecom/internet service providers and online auctioneers must understand there responsibility in such cases. Meanwhile, it is high time for the specifications standardization bodies (ITU/3GPP/ETSI/), telecom equipment manufactures and the law enforcement agencies to think in the direction to save society values and moral ethics. We should not in general blind follow the technology. We should think ahead of any technology misuse.”

I am surprised to read the comments. Is it really possible to do E-commerce in this way? Bazee.com CEO just arreasted in this case.(Released on bail as per morning newspaper). How is the CEO responsible for such things? Is Bazee.com responsible/accountable in this case?

Bazee.com is a auction site run by its users, and they have a user agreement with all seller for not using their site for promoting pornographic material.If any user has crossed his limits and placed such items on the site, user is solely reponsible? I think arrest of Bazee.com CEO was unjustified and was a work of uninformed police officers. What was the purpose behind this arrest, I am unable to see, bazee.com was co-operating in the case, they put off the listing from the site after matter was brought to their notice.

I think, cops want to send a hard message to all ISPs. Who will do business in india then? And if going by the example every phone service provider company CEO will be behind the bar as most of murders and major crime always planned or executed by the help of telephones.
Police should arrest the parents of boys and girls for not giving proper education to thier children. Honable court has advised not to use the name of school so I am not using the school name here, But IMO school also has not any responsbilties.

I am not a big fan of that school but, in the words of one of the student (I guess) at http://movies.dcealumni.com/archives/1212-case-against-baazee-in-dps-teen-sex-scandal/

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“School teaches about 900 students in the 11th standard. 2 students would comprise 0.2% of the total number. The actions of 0.2% of the population is a poor way to accoutn for the nature of the remaining 99.8% of the student population (of 11th standard alone.)
Those who are pointing fingers at us, students of School are pointing 3 fingers at themselves. For the truth is that though we will continue to remain the finest scholars, the best public speakers, debaters and shall continue to excel in every field, may it be academics, co-curricular activities or sports, the ones who envy us & imagine us to be arrogant, who point fingers and mock at us shall be silenced, when we once again prove that we are not shaken by this incident, for we do have our ethics in place. Principal may have held on to a rotten egg, hoping to discipline him under her influence, but belonging to a rich family, the boy lacked a positive environment at home. Is it fair to blame us for that?”

My concern in this case is court refused to accept electronic contract as real contract ( As long as I know electronic contract are legal in indian cyber law.) If this is the case then ecommerce in india will take a major setback, we simply can not do business without electronic contract, if court will refused to treat electronic contract as real contract then a large number of cases will be in the court very soon as allmost all share trading website in india ( e.g. ICICI ) use electronic contracts for their operations.