Access to Knowledge Blogs
Exceptions and Limitations in Indian Copyright Law for Education: An Assessment
This paper examines the nature of exceptions and limitations in copyright law for the purposes of the use of copyrighted materials for education. It looks at the existing national and international regime, and argues for why there is a need for greater exceptions and limitations to address the needs of developing countries. The paper contextualizes the debate by looking at the high costs of learning materials and the impediment caused to e-learning and distance education by strong copyright regimes.
Technological Protection Measures in the Copyright (Amendment) Bill, 2010
In this post Pranesh Prakash conducts a legal exegesis of section 65A of the Copyright (Amendment) Bill, 2010, which deals with the stuff that enables 'Digital Rights/Restrictions Management', i.e., Technological Protection Measures. He notes that while the provision avoids some mistakes of the American law, it still poses grave problems to consumers, and that there are many uncertainties in it still.
When Copyright Goes Bad
A part of the Access to Knowledge Project, this short film by Consumers International is available on DVD and online at A2Knetwork.org/film.
Research Project on Open Video in India
Open Video Alliance and the Centre for Internet and Society are calling for researchers for a project on open video in India, its potentials, limitations, and recommendations on policy interventions.
Arguments Against Software Patents in India
CIS believes that software patents are harmful for the software industry and for consumers. In this post, Pranesh Prakash looks at the philosophical, legal and practical reasons for holding such a position in India. This is a slightly modified version of a presentation made by Pranesh Prakash at the iTechLaw conference in Bangalore on February 5, 2010, as part of a panel discussing software patents in India, the United States, and the European Union.
CIS Statement on the WIPO Broadcast Treaty at SCCR 19
This statement on the WIPO Broadcast Treaty was delivered on December 17, 2010 at the 19th session of the Standing Committee on Copyright and Related Rights by Nirmita Narasimhan on behalf of CIS.
Piracy Studies in India
The word ‘piracy’ assumes negative connotations. In the imagination of an ordinary middle class urban Indian it is linked directly to the informal economy, crime and even terrorism. But the ‘pirated good’, that is, the ‘optical disc’ is not seen with a similar perception. The ‘CD’ is the access key to the cultural wealth of music, cinema and software contained inside. This paradox is created in the sphere of information and knowledge that is created by anti-piracy agencies using extensive reports and statistics that are published every year. These statistics often have a tendency to create a feeling of ‘shock and awe’ for the readers that see these numbers splashed across headlines of news and media reports. Till 2004, the creation of numbers conjuring losses up to millions was mostly the domain of the International Intellectual Property Alliance (IIPA), which is now supplemented by reports commissioned to consultancy groups like McKinsey, PWC, and Ernst & Young. This article by Siddharth Chadha traces a few reports that have come to become popular benchmarks of piracy in the past few years.
Enforcement of Anti-piracy Laws by the Indian Entertainment Industry
This brief note by Siddharth Chadha seeks to map out the key actors in enforcement of copyright laws. These bodies not only investigate cases of infringement and piracy relating to the entertainment industry, but tie up with the police and IP law firms to pursue actions against the offenders through raids (many of them illegal) and court cases. Siddharth notes that the discourse on informal networks and circuits of distribution of cultural goods remains hijacked with efforts to contain piracy as the only rhetoric which safeguards the business interests of big, mostly multinational, media corporations.
IJLT-CIS Law Essay Competition
The Indian Journal of Law and Technology and CIS are conducting a legal essay competition to encourage law students across India to think critically about the techno-legal issues facing us today. Students can write on any of the four themes, with the top prize being Rs. 7500 and an internship at CIS.
Access to online information and knowledge – advancing human rights and democracy
An article by Achal Prabhala in GISW 2009 (Global Information Society Watch, 2009)
At the end of the niche optical pirate
In this blog post, Siddharth Chaddha goes enquiring into the modus operandi of a video pirate / film lover / businessman in Bangalore's famed National Market.
World IT Forum 2009
At the World IT Forum, Pranesh Prakash made a brief presentation on intellectual property rights, how ill-suited they are to be considered "property" rights, and how they have been foisted upon the developing world.
Fallacies, Lies, and Video Pirates
At a recent conference on counterfeiting and piracy, industry representatives variously pushed for stiffer laws for IP violation, more stringent enforcement of existing IP laws, and championed IP as the most important thing for businesses today. This blog post tries to show how their arguments are flawed.
Civil Society Letter Against TRIPS-Plus IP Enforcement
This open letter was sent to the president of Confederation of Indian Industry (CII) and high-level government officials on the eve of the Third International Conference on Counterfeiting & Piracy organized by CII. This conference aims to strengthen the enforcement of intellectual property rights and thus creating an imbalance in the protection that intellectual property offers to both those who own it as well as those who don't.
Response to the Call from Federation of Indian Chambers of Commerce and Industry for Review of the Copyright Act
This blog entry contains a letter sent by Rahul Cherian of Indojuris and Nirmita Narsimhan of the Centre for Internet and Society in response to a call from the Federation of Indian Chambers of Commerce and Industry for review of the Copyright Act.
Comments on the Draft Rules under the Information Technology Act
The Centre for Internet and Society commissioned an advocate, Ananth Padmanabhan, to produce a comment on the Draft Rules that have been published by the government under the Information Technology Act. In his comments, Mr. Padmanabhan highlights the problems with each of the rules and presents specific recommendations on how they can be improved. These comments were sent to the Department of Information and Technology.
Emerging Bit Torrent Trends in India
Internet has been a revelation ever since its introduction. The writer in this blog examines how the progress made by Internet based technologies could never be reversed.
Consumers International IP Watch List 2009
In response to the US Special 301 report, Consumers International brought out an IP Watch List. CIS contributed the India Country Report for the Watch List.
Letter on South Africa's IPRs from Publicly Financed R&D Regulations
Being interested in legislations in developing nations styled after the United States' Bayh-Dole Act, CIS responded to the call issued by the South African Department of Science and Technology for comments to the Intellectual Property Rights from Publicly Financed Research and Development Regulations.
WIPO Broadcast Treaty and Webcasting
On Friday, 8 May 2009, at Shastri Bhavan, New Delhi, the Ministry of Information and Broadcasting held a stakeholders' briefing meeting on the Broadcast Treaty that has been on the table at the World Intellectual Property Organisation (WIPO). The purpose of that meeting was to inform the relevant stakeholders of the developments in Geneva, as well as to garner input from them regarding the stance to be adopted by India at the WIPO. Pranesh Prakash from the Centre for Internet and Society participated and made a presentation on webcasting, highlighting the differences between webcasting and broadcasting, and arguing that webcasting should not be part of the WIPO Broadcast Treaty.