We are anonymous, we are legion

July 2014 Bulletin

praskrishna — 2014-08-11T05:46:53Z

Seventh issue of the newsletter (July 2014) below:

We at the Centre for Internet & Society (CIS) welcome you to the seventh issue of the newsletter (July 2014). Archives of our newsletters can be accessed at: http://cis-india.org/about/newsletters

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Highlights
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Nehaa Chaudhari participated in the 28^th session of the World Intellectual Property Organisation Standing Committee on Copyright and Related Rights (WIPO-SCCR) held in Geneva from June 30 to July 4, 2014. The Centre for Internet and Society (CIS) gave its statements on the Limitations and Exceptions for Libraries and Archives and Proposed Treaty for the Protection of Broadcasting Organizations.
India became the first country to ratify the Marrakesh Treaty and the Accessible Books Consortium was launched. Nehaa Chaudhari who participated in the 28^th session of the WIPO-SCCR reports on this in a blog entry.
Vikrant Narayan Vasudeva produced a research paper on patent valuation and license fee determination as part of the Pervasive Technologies project.
Our grant application to the Wikimedia Foundation was approved. CIS has been awarded Rs. 12,000,000 for the next one year for the Access to Knowledge (Wikipedia) project.
CIS and the University of Mysore organized the Open Knowledge day in Mysore on July 15, 2014. Six volumes of Kannada Vishwakosha was re-released under the Creative Commons (CC license).
We helped the Ministry of Science and Technology draft the Open Access Policy for the DST/DBT.
The first of the seven proposed roundtable meetings on “Privacy and Surveillance” conducted by CIS in collaboration with the Cellular Operators Association of India and the Council for Fair Business Practices was held in Mumbai on June 28, 2014. Anandini K. Rathore has blogged on this.
Bedavyasa Mohanty has produced a blog entry that analyses the nuances of interception of communications under the Indian Telegraph Act and the Indian Post Office Act.
Vinayak Mithal has written a blog entry on the Constitutionality of Indian surveillance law that analyses ICANN's reactive transparency mechanism, comparing it with freedom of information best practices. He describes the DIDP and its relevance for the Internet community.
Nishant Shah speaks on the right to freedom of speech and expression in the latest interview conducted as part of the Cybersecurity series being done with a grant from the International Development Research Centre (IDRC), Ottawa.
Nishant Shah’s peer reviewed article “Asia in the Edges: A Narrative Account of the Inter-Asia Cultural Studies Summer School in Bangalore” was published in Inter-Asia Cultural Studies Journal, Volume 15, Issue 2, on July 3, 2014. Nishant gives a narrative account of the experiments and ideas that shaped the second Summer School, “The Asian Edge” hosted in Bangalore, India, in 2012.
CIS recruited two new staff members in its Bangalore office. Rohini Lakshane joined as a Program Officer in the Pervasive Technologies project and K.N. Medini joined as a Senior Accounts Officer. Their profiles can be accessed at http://cis-india.org/about/people/our-team.

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Accessibility and Inclusion
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Under a grant from the Hans Foundation we are doing two projects. The first project is on creating a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India. We compiled the National Compendium of Policies, Programmes and Schemes for Persons with Disabilities (29 states and 6 union territories). We will be publishing this soon. The draft chapters along with the quarterly reports can be accessed on the project page. The second project is on developing text-to-speech software for 15 Indian languages. The progress made so far in the project can be accessed here.

►NVDA and eSpeak

Monthly Update

Work Report for July (by Suman Dogra, July 31, 2014).

Blog Entry

India's Ratification of the Marrakesh Treaty Celebrated; Accessible Books Consortium Launched (by Nehaa Chaudhari, July 1, 2014): India became the first country to ratify the Marrakesh Treaty.

Media Coverage

SpicyIP Tidbit: India ratifies the Marrakesh Treaty for the Visually Impaired (by Thomas J. Vallianeth, Spicy IP, July 1, 2014).

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Access to Knowledge
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As part of the Access to Knowledge programme we are doing two projects. The first one (Pervasive Technologies) under a grant from the International Development Research Centre (IDRC) is for research on the complex interplay between pervasive technologies and intellectual property to support intellectual property norms that encourage the proliferation and development of such technologies as a social good. The second one (Wikipedia) under a grant from the Wikimedia Foundation is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►WIPO

Participation in Event and Statements
Nehaa Chaudhari participated in the 28^th session of WIPO-SCCR held in Geneva from June 30 to July 4, 2014. The following have been the outputs from the event:

Statement on the Proposed Treaty for the Protection of Broadcasting Organizations at WIPO SCCR 28 (by Nehaa Chaudhari, July 2, 2014).
Opening Comments by India on Limitations and Exceptions for Libraries and Archives at WIPO SCCR 28 (posted by Nehaa Chaudhari, July 7, 2014). This was the statement made by the Indian delegation at WIPO-SCCR 28^th session on July 2, 2014.
Statement on the Limitations and Exceptions for Libraries and Archives at WIPO SCCR 28 (by Nehaa Chaudhari, July 3, 2014).
28th Session of the WIPO SCCR: Report on the Proposed Treaty for the Protection of Broadcasting Organizations (by Nehaa Chaudhari, July 29, 2014).

► Pervasive Technologies

Research Papers

Patent Valuation and License Fee Determination in Context of Patent Pools (by Vikrant Narayan Vasudeva, July 9, 2014). Vikrant has produced research that examines patent valuation and license fee determination in detail.
Grounds for Compulsory Patent Licensing in United States, Canada, China, and India (by Maggie Huang, July 29, 2014). In her research paper Maggie tries to answer questions about the grounds of compulsory licensing in international treaties with specific examples from America and Asia.

►Wikipedia
As part of the project grant from the Wikimedia Foundation we have reached out to more than 3500 people across India by organizing more than 100 outreach events and catalysed the release of encyclopaedic and other content under the Creative Commons (CC-BY-3.0) license in four Indian languages (21 books in Telugu, 13 in Odia, 4 volumes of encyclopaedia in Konkani and 6 volumes in Kannada, and 1 book on Odia language history in English).

Announcement
Our grant application to the Funds Dissemination Committee (FDC) of the Wikimedia Foundation was approved by its board which met in Frankfurt from May 21 to 24, 2014. CIS had requested a grant of Rs. 18,406,454 and were awarded Rs. 12,000,000 for the next one year.

The following were done this month:

Articles / Blog Entries

Aircel & Wikimedia Foundation announce Wikipedia Zero (by Dr. U.B.Pavanaja, Prajavani, July 3, 2014). As per this, users of Aircel need not pay for data for accessing Wikipedia.
ଇଣ୍ଟରନେଟରେ ଓଡ଼ିଆ ଅକ୍ଷରସଜ୍ଜା (by Subhashish Panigrahi, Samaja, July 4, 2014).
State of Odia Language in Computing and Future Steps (by Subhashish Panigrahi, Sovereign, July 7, 2014).
ଓଡ଼ିଆ ଭାଷା ବିକାଶର ରାସ୍ତା (by Subhashish Panigrahi, The Sambad, July 23, 2014).
University of Mysore Re-releases Kannada Vishwakosha (Encyclopaedia) under Creative Commons Free License (by Dr. U.B.Pavanaja, July 24, 2014). Leading English and Kannada dailies like Andolana Kannada, City Today, Deccan Herald, Hosa Diganta, Kannada Jana Mana, Kannada Prabha, Rajya Dharma, Samyukta Karnataka, The Hindu, The New Indian Express, Udayavani, Vijaya Karnataka, and Vijaya Vani published about this. Scanned versions of the published articles can be downloaded here.
Wiki Loves Pride 2014 and Adding Diversity to Wikipedia (by Dorothy Howard, Wikimedia Blog, July 25, 2014).
Doctors and Translators Are Working Together to Bridge Wikipedia's Medical Language Gap (by Subhashish Panigrahi, Global Voices, July 27, 2014). This was re-published on the Wikimedia Blog, July 30, 2014.
Classical Odia Language in the Digital Age (by Subhashish Panigrahi, Odisha Review, posted on July 28, 2014). The essay was published in the magazine’s June edition.

Event Organized

Open Knowledge Day (co-organized by Mysore University and CIS-A2K, Kuvempu Institute of Kannada Studies, University of Mysore, July 15, 2014). The event coincided with the Open Knowledge Festival in Berlin from July 15 to 17. Dr. U.B.Pavanaja conducted the event. On this occasion Mysore University released six volumes of Kannada Vishwakosha under the Creative Commons (CC) license.

Participation in Events

National Level Seminar on Computer Application and Odia Language (organized by Institute of Odia Studies and Research, July 6, 2014). Subhashish Panigrahi was a panelist.
Open Knowledge Festival 2014 (organized by Google, Omidyar, et.al., Berlin, July 15 – 17, 2014). Subhashish Panigrahi represented India as the India Ambassador of OpenGLAM local and made a presentation.
#NAMA: The Future of Indic Languages (organized by Medianama, The Oberoi Hotel, Bangalore, July 24, 2014). Subhashish Panigrahi participated in the event.

News and Media Coverage
CIS-A2K team gave its inputs to the following media coverage:

Wikipedia edit-a-thons to add content on LGBTs (by Renuka Phadnis, The Hindu, July 7, 2014).
Font problem hits Odia (by Bibhuti Barik, The Telegraph, July 7, 2014).
Four volumes of Kannada Encyclopaedia digitised (by R. Krishna Kumar, The Hindu, July 12, 2014).
‘ಕನ್ನಡ ವಿಶ್ವಕೋಶ’ಕ್ಕೆ ಇನ್ನು ಲೈಸೆನ್ಸ್ ಹಂಗಿಲ್ಲ (Prajavani, July 14, 2014).
Soon, all 14 volumes of Kannada encyclopaedia to be online (by R. Krishna Kumar, The Hindu, July 15, 2014).
ವಿಕಿಪಿಡಿಯಾಗೆ ಕನ್ನಡ ವಿಶ್ವಕೋಶ (Kannada Prabha, July 15, 2014).
ಕನ್ನಡ ವಿಶ್ವಕೋಶದ ಆರು ಸಂಪುಟ ವಿಕಿಪೀಡಿಯಾಗೆ (Udayavani, July 15, 2014).
ವಿಕಿಪೀಡಿಯಾದಲ್ಲಿ kannada ವಿಶ್ವಕೋಶ : ಈಗ ಆನ್ ಲೈನ್ ನಲ್ಲಿ 6 ಸಂಪುಟಗಳು ಮುಕ್ತ…ಮುಕ್ತ……( Just Kannada, July 15, 2014).
Six Kannada encyclopaedias released (Webindia 123, July 15, 2014).
150 Rare Books Get New Lease of Life Online, Courtesy Students (by Anila Backer, New Indian Express, July 15, 2014).
Open Access: Students help revive and digitize rare books for Malayalam Wiki Library (Spicy IP, July 15, 2014).
'Trolled' from US Congress, Wikipedia bans edits (by Narayan Lakshman, The Hindu, July 25, 2014).
Telugu Wikipedia struggles to stay afloat (by Renuka Phadnis, The Hindu, July 27, 2014).
The joys of being a Wikipedian (by Svetlana Lasrado, New Indian Express, July 29, 2014).
Kannada Wikipedia Presentation (Vijayavani, July 30, 2014).
Kannada Wikipedia Presentation for Kannada Science Writers (Prajavani, July 31, 2014).

►Openness

Blog Entries

Mozilla brings Indian Communities together Twice in One Month (by Subhashish Panigrahi, Mozilla Website, July 8, 2014).
Mozilla Brings Indian Communities Together (by Subhashish Panigrahi, Opensource.com, July 13, 2014).
Department of Biotechnology and Department of Science, Ministry of Science and Technology, Government of India, release Open Access Policy (by Anubha Sinha, July 18, 2014). We have also been acknowledged in the policy.

HasGeek Event

The Fifth Elephant (NIMHANS Convention Centre, July 25-26, 2014). CIS was a community outreach partner.

Media Coverage

Plan for open access to science research (by Renuka Phadnis, The Hindu, July 22, 2014).
Indian Govt looks to provide free access to publicly-funded research works (by Riddhi Mukherjee, Medianama, July 23, 2014).

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Internet Governance
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►Freedom of Expression

As part of our project on Freedom of Expression (funded through a grant from the MacArthur Foundation) to study the restrictions placed on freedom of expression online by the Indian government and contribute to the debates around Internet governance and freedom of expression at forums like ICANN, ITU, IGF, WSIS, etc., we bring you the following outputs:

Blog Entries

ICANN’s Documentary Information Disclosure Policy – I: DIDP Basics (by Vinayak Mithal, July 1, 2014).
Reading the Fine Script: Service Providers, Terms and Conditions and Consumer Rights (by Jyoti Panday, July 2, 2014).
Facebook and its Aversion to Anonymous and Pseudonymous Speech (by Jessamine Mathew, July 4, 2014).
Free Speech and Surveillance (by Gautam Bhatia, July 7, 2014).
Delhi High Court Orders Blocking of Websites after Sony Complains Infringement of 2014 FIFA World Cup Telecast Rights (by Anubha Sinha, July 8, 2014).
GNI and IAMAI Launch Interactive Slideshow Exploring Impact of India's Internet Laws (by Jyoti Panday, July 17, 2014).

FOEX Live

We are also posting a selection of news from across India implicating online freedom of expression and use of digital technology: July 7, 2014.

►Privacy

As part of our Surveillance and Freedom: Global Understandings and Rights Development (SAFEGUARD) project with Privacy International we are engaged in enhancing respect for the right to privacy in developing countries. We have produced the following outputs during the month:

Blog Entries

Models for Surveillance and Interception of Communications Worldwide (by Bedavyasa Mohanty, July 2, 2014).
The Constitutionality of Indian Surveillance Law: Public Emergency as a Condition Precedent for Intercepting Communications (by Bedavyasa Mohanty, July 4, 2014).
UK’s Interception of Communications Commissioner — A Model of Accountability (by Joe Sheehan, July 24, 2014).

Event Report

First Privacy and Surveillance Roundtable (by Anandini K Rathore, July 18, 2014).

Article

Private Censorship and the Right to Hear (by Chinmayi Arun, The Hoot, July 17, 2014). The article was also mirrored on the website of the Centre for Communication Governance.

Participation in Events

Information Influx Conference (organized by the Institute for Information Law, University of Amsterdam, July 2 – 4, 2014). Malavika Jayaram was a speaker.
Consultation to Frame Rules under the Whistle Blowers Protection Act, 2011 (organized by National Campaign for People's Right to Information and Centre for Communication Governance, National Law University, New Delhi, July 5, 2014). Bhairav Acharya participated in the event.
Best Practices Meet (organized by DSCI, Hotel Leela Palace, Bangalore, July 9, 2014). Sunil Abraham was a panelist.
Rethinking Privacy: The Link between Florida v. Jardines and the Surveillance of Nature Films (organized by Indian Institute of Technology, Madras, July 11, 2014). Bhairav Acharya gave a talk.
Region as Frame: Politics, Presence, Practice (organized by International Association for Media and Communication Research, Hyderabad, July 18, 2014). Sunil Abraham was a speaker for these panels: Governing Digital Spaces: Issues of Access, Privacy and Freedom, UNESCO panel debate, and Special Session on Research Paths In and Outside of the Academy.
ICT Awareness Program for Myanmar Parliamentarians (organized by Myanmar ICT for Development Organization, July 26 – 27, 2014, Yangon). Sunil Abraham participated in the event as a speaker and presented on Innovation Ecosystem and Thinking about Internet Regulation.

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News & Media Coverage
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CIS gave its inputs to the following media coverage:

Cyber-crimes shoot up 52% in India over last year (by K.V.Kurmanath, Hindu Businessline, July 2, 2014).
COAI, Centre for Internet & Society to hold pan-India meetings on privacy issues (IANS, July 4, 2014). The news was mirrored in the Times of India , NDTV, Business Standard , Economic Times , and World News.
Living in a Fish Bowl (by Shuma Raha, The Telegraph, July 16, 2014).
Terror recruiters target Indians on internet (by Sandhya Soman, July 18, 2014).
The trouble with trolls (by Vishal Mathur, Livemint, July 22, 2014).
India’s dedicated Cryptology centre gets Rs. 115 crore funding (by Harichandan Arakali, SearchSecurity.in, July 28, 2014).

►Cyber Stewards
As part of its project on mapping cyber security actors in South Asia and South East Asia with the Citizen Lab, Munk School of Global Affairs, University of Toronto and the International Development Research Centre, Canada, CIS conducted 2 new interviews. With this it has finished a total of 19 interviews:

Video Interviews

Lobsang Gyatso Sither (July 31, 2014).

Lobsang Sangay (July 31, 2014).

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Digital Humanities
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CIS is building research clusters in the field of Digital Humanities. The Digital will be used as a way of unpacking the debates in humanities and social sciences and look at the new frameworks, concepts and ideas that emerge in our engagement with the digital. The clusters aim to produce and document new conversations and debates that shape the contours of Digital Humanities in Asia:

Peer Reviewed Article

Asia in the Edges: A Narrative Account of the Inter-Asia Cultural Studies Summer School in Bangalore (by Nishant Shah, Inter-Asia Cultural Studies Journal, Volume 15, Issue 2, July 3, 2014). This is the narrative account of the experiments and ideas that shaped the second Summer School, “The Asian Edge” which was hosted in Bangalore, India, in 2012.

Blog Entry

Reading from a Distance — Data as Text (by P.P. Sneha, July 23, 2014).

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About CIS
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The Centre for Internet and Society is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness (including open government, FOSS, open standards, etc.), and engages in academic research on digital natives and digital humanities.

► Follow us elsewhere

Twitter: https://twitter.com/CISA2K
Facebook group: https://www.facebook.com/cisa2k
Visit us at: https://meta.wikimedia.org/wiki/India_Access_To_Knowledge
E-mail: a2k@cis-india.org

► Support Us
Please help us defend consumer / citizen rights on the Internet! Write a cheque in favour of ‘The Centre for Internet and Society’ and mail it to us at No. 194, 2nd ‘C’ Cross, Domlur, 2nd Stage, Bengaluru – 5600 71.

► Request for Collaboration:
We invite researchers, practitioners, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, atsunil@cis-india.org or Nishant Shah, Director – Research, at nishant@cis-india.org. To discuss collaborations on Indic language Wikipedia, write to T. Vishnu Vardhan, Programme Director, A2K, at vishnu@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit https://cis-india.org/about/newsletters/july-2014-bulletin

July 2013 Bulletin

praskrishna — 2013-08-21T09:30:32Z

Our newsletter for the month of July 2013 can be accessed below.

The Centre for Internet & Society (CIS) welcomes you to the seventh issue of its newsletter for the year 2013. In this issue we bring you a report on the Institute on Internet and Society held in the month of June, comments submitted by us to the Office of the Controller General of Patents Designs and Trademarks on the draft guidelines on computer related inventions, report from the fifth privacy roundtable meeting held in Kolkata, updates from Kannada Wikipedia workshops held in Hubli and Sagara, a report on Digital Humanities for higher education, media coverage, and information on our forthcoming events.

Archives of our newsletters are here. Our policies on Ethical Research Guidelines, Non-Discrimination and Equal Opportunities, Privacy, Terms of Website Use and Travel can be accessed here.

Jobs
CIS is inviting applications for the posts of Developer (NVDA Screen Reader Project). To apply for this post, send in your resume to Nirmita Narasimhan (nirmita@cis-india.org). CIS is also seeking applications for the post of Policy Associate (Internet Governance). To apply send your resume to Sunil Abraham (sunil@cis-india.org) and Pranesh Prakash (pranesh@cis-india.org).

Accessibility

CIS is doing two projects in partnership with the Hans Foundation. One is to create a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India and another for developing a screen reader and text-to- speech synthesizer for Indian languages:

National Resource Kit for Persons with Disabilities
CIS and the Centre for Law and Policy Research (CLPR) are working in this project. Draft chapters have been published. Feedback and comments are invited from readers for the chapters on Punjab, Uttarakhand, Maharashtra and Chandigarh:

The Punjab Chapter (by Anandhi Viswanathan, July 31, 2013).
The Uttarakhand Chapter (by Anandhi Viswanathan, July 31, 2013).
The Chandigarh Chapter (by CLPR, July 31, 2013).
The Maharashtra Chapter (by Anandhi Viswanathan, July 31, 2013).

Note: All the chapters published on the website are early drafts and will be reviewed and updated.

Access to Knowledge and Openness

The Wikimedia Foundation has given a grant to CIS to support and develop the growth of Indic language communities and projects by community collaborations and partnerships. This is being carried out by the Access to Knowledge team based in Delhi. CIS is also doing a project (Pervasive Technologies) on examining the relationship between production of pervasive technologies and intellectual property. CIS also promotes openness including open government data, open standards, open access, and free/libre/open source software through its Openness programme.

Access to Knowledge (Previously IP Reforms)

Comments

Comments on the Draft Guidelines for Computer Related Inventions (by Puneeth Nagaraj, July 31, 2013). The comments were submitted to the office of the Controller General of Patents Designs & Trademarks, Mumbai on July 26, 2013.

Event Participated

An International Conference on Interface between Intellectual Property and Competition Law (organized by ASSOCHAM, July 12, 2013). Nehaa Chaudhari participated in the conference and shares select notes in a blog post.

Access to Knowledge (Wikipedia)
The A2K team consists of three members based in Bangalore: T. Vishnu Vardhan, Dr. U.B. Pavanaja and Subhashish Panigrahi and one team member Nitika Tandon who is working from Delhi office.

Event Organised

A Kannada Wikipedia Workshop (organized by CIS-A2K team, July 21, 2013, Hubli). Dr. U.B. Pavanaja gave training to the participants on Wikipedia. Leading newspapers like the Times of India, Vijaya Karnataka, Deccan Herald, VijayaVani, Prajavani, Samyukta Karnataka and HosaDiganta covered the event. Scanned versions of the published articles can be viewed here.
A Kannada Wikipedia Workshop at Sagara (organized by CIS-A2K team, Sagara, July 28, 2013). Dr. U.B. Pavanaja gave a talk on Wikipedia and Kannada Wikipedia.

Event Co-organised

Telugu Wiki Academy at Centre for Good Governance (organized by CIS-A2K and Telegu Wikipedia Community, Centre for Good Governance, Jubilee Hills, Hyderabad, April 9, 2013). T. Vishnu Vardhan participated in this event.

Note: The event was organized in April but report got published only in July.

Event Participated

Free Software (organized by Free Software Movement of Karnataka in partnership with Jnana Vikas Institute of Technology, Bidadi, July 24, 2013). Dr. U.B. Pavanaja made a presentation on Wikipedia.

Ongoing Event

A Workshop on Posting Articles in Kannada on Wikipedia (organised by the Centre for Proficiency Development Placement Service, University of Mysore, CPDPS premises, Manasagangotri, August 6, 2013). Dr. U.B. Pavanaja is conducting a workshop. The announcement was made in an article by R. Krishna Kumar in the Hindu on August 2, 2013.

Press Coverage

Konkani Wikipedia next? (by Diana Fernandes, OHeralO, July 27, 2013). T. Vishnu Vardhan is quoted.

Openness

Events Organised

Delhi: Digital Activism in Europe (The Sarai Programme, Centre for the Study of Developing Societies, New Delhi, July 8, 2013). Bernadette Längle gave a talk about the hacker scene and digital activism in Europe, with a focus on the Chaos Computer Club.
Open Hardware Lab: Play & Invent + Bonus Film Screening (CIS, Bangalore, August 4, 2013). There was a film screening of Theremin: An Electronic Odyssey at the event.

Internet Governance

CIS began two projects earlier this year. The first one on facilitating research and events on surveillance and freedom of expression is with Privacy International and support from the International Development Research Centre, Canada. The second one on mapping cyber security actors in South Asia and South East Asia is with the Citizen Lab, Munk School of Global Affairs, University of Toronto and support from the International Development Research Centre, Canada:

SAFEGUARDS Project
Events Organised

Delhi: Learn to Secure Your Online Communication! (IIC, DU Campus, Delhi, July 6, 2013). A cryptoparty was held in Delhi.
Dharamsala: Learn to Secure Your Online Communication! (Dharamsala, July 13, 2013). A cryptoparty was held in Dharamsala. This was also covered in an article published in the Caravan on August 1, 2013.
Privacy Roundtable Meeting (co-organized by CIS, DSCI, and FICCI, Kolkata, July 13, 2013). An event report was written by Maria Xynou.
The Hackers Way of Reshaping Policies (CIS, Bangalore, August 2, 2012). Bernadette Langle gave a talk on privacy.

Events Participated In

Biometrics or bust? India's Identity Crisis (organised by the Oxford Internet Institute, Oxford University Press, July 2, 2013). Malavika Jayaram participated as a speaker on UID and Privacy.
DSCI Best Practices Meet 2013 (organized by DSCI, Anna Salai, Chennai, July 12, 2013). Kovey Coles attended the meeting.
Achieve Cyber Security Together (organized by the Confederation of Indian Industries, Chennai, July 13, 2013). Kovey Coles attended this event.

Ongoing / Upcoming Events

The Phishing Society: Why 'Facebook' is more dangerous than the Government Spying on You - A Talk by Maria Xynou (CIS, Bangalore, August 7, 2013). Maria Xynou will give a talk on phishing society.
Learn to Protect your Online Activities! (ACJ - Asian College of Journalism, Second Main Road (Behind M.S. Swaminathan Research Foundation), Taramani, Chennai, August 7, 2013).
Privacy Meeting: Brussels – Bangalore (CIS, Bangalore, August 14, 2013). Gertjan Boulet and Dariusz Kloza will give a talk on privacy.
Privacy Round Table, New Delhi (co-organised with FICCI and DSCI, FICCI, Federation House, Tansen Marg, New Delhi, August 24, 2013).

Columns

How Surveillance Works in India (by Pranesh Prakash, New York Times, July 10, 2013).
Can India Trust Its Government on Privacy? (by Pranesh Prakash, New York Times, July 11, 2013).
Parsing the Cyber Security Policy (by Chinmayi Arun, The Hoot, and cross-posted in Free Speech Initiative, July 13, 2013).

Blog Entries

The Difficult Balance of Transparent Surveillance (by Kovey Coles, July 10, 2013).
Moving Towards a Surveillance State (by Srinivas Atreya, July 15, 2013).
More than a Hundred Global Groups Make a Principled Stand against Surveillance (by Elonnai Hickok, July 31, 2013).
The Audacious ‘Right to Be Forgotten’ (by Kovey Coles, July 31, 2013).

Interview

An Interview with Reijo Aarnio: Maria Xynou conducted an interview with Reijo, the Finnish Data Protection Ombudsman.

Media Coverage

Google brings tabs to sneak advertisements into your inbox (by Indu Nandakumar, Economic Times, July 30, 2013). Sunil Abraham is quoted.
How the world’s largest democracy is preparing to snoop on its citizens (by Leslie D' Monte and Joji Thomas Philip, July 3, 2013). Sunil Abraham is quoted.
Geeks have a solution to digital surveillance in India: Cryptography (by Joanna Lobo, DNA, July 7, 2013). Pranesh Prakash is quoted.
India's centralised snooping system facing big delays (by Phil Muncaster, The Register, July 9, 2013). CIS is mentioned in this article.
India’s Central Monitoring System: Security can’t come at cost of privacy (by Danish Raza, FirstPost, July 10, 2013). Sunil Abraham is quoted.
Is CMS a Compromise of Your Security? (by Rohin Dharmakumar, Forbes India magazine, July 12, 2013). Sunil Abraham is quoted.
Snooping technology: Will CMS work in India? (by Pierre Fitter, FirstPost, July 17, 2013). Pranesh Prakash is quoted.
सावधान आपके प्रोफ़ाइल पर है पुलिस की नज़र! (by Parul Aggarwal, BBC, July 18, 2013). Pranesh Prakash is quoted.
Your life's an open Facebook (by Shikha Kumar, DNA, July 21, 2013). Sunil Abraham is quoted.
Concerns over central snoop (by Aloke Tikku, Hindustan Times, June 28, 2013). Sunil Abraham is quoted.
Your telco could help spy on you (by Joji Thomas Philip, Leslie D'Monte and Shauvik Ghosh, LiveMint, July 30, 2013). Sunil Abraham is quoted.

DNA Profiling Bill
A sub-committee has been constituted as per the recommendations of the Expert Committee of DNA Profiling Bill. The sub-committee will have a meeting in Hyderabad on August 6, 2013. Sunil Abraham is one of the members of the sub-committee.

Cyber Stewards Project
Laird Brown, a strategic planner and writer with core competencies on brand analysis, public relations and resource management and Purba Sarkar who in the past worked as a strategic advisor in the field of SAP Retail are working in this project.

Video Interviews

Part 3: Interview with Eva Galperin (July 10, 2013).
Part 4: Interview with Marietje Schaake (July 11, 2013).
Part 5: Interview with Amelia Andersdotter (July 12, 2013).
Part 6: Interview with Lhadon Tethong (July 15, 2013).
Part 7: Interview with Jochem de Groot (July 18, 2013).
Part 8: Interview with Jeff Moss (July, 23, 2013).

Cyber Security
Blog Entries

India's National Cyber Security Policy in Review (by Jonathan Diamond, July 31, 2013).
Guidelines for the Protection of National Critical Information Infrastructure: How Much Regulation? (by Jonathan Diamond, July 31, 2013).

Free Speech, Expression and Censorship
Column

You Have the Right to Remain Silent (by Nishant Shah, July 22, 2013).

Event Participated In

Connaught Summer Institute on Monitoring Internet Openness and Rights (organized by the Munk School of Global Affairs, Bloor Street West, July 23, 2013). Malavika Jayaram participated in this event and spoke on "India's Civil Liberties Crisis: Digital Free Will in Free Fall".

Knowledge Repository on Internet Access

CIS in partnership with the Ford Foundation is executing a project to create a knowledge repository on Internet and society. This repository will comprise content targeted primarily at civil society with a view to enabling their informed participation in the Indian Internet and ICT policy space. The repository is available at www.internet-institute.in.

Event Organised

Institute on Internet and Society: Event Report (supported by Ford Foundation, Golden Palms Resort, Bangalore, June 8 – 14, 2013). Pranesh Prakash, Bernadette Längle, Vir Kamal Chopra, AK Bhargava, Ananth Guruswamy, Archana Gulati, Chakshu Roy, Elonnai Hickok, Gaurab Raj Upadhaya, Helani Galpaya, Michael Ginguld, Dr. Nadeem Akhtar, C. Nandini, Dr. Nirmita Narasimhan, Dr. Nishant Shah, Parminder Jeet Singh, Ravikiran Annaswamy, Dr. Ravina Aggarwal, Satyen Gupta, Dr. Subbiah Arunachalam, Sunil Abraham, Tulika Pandey and T. Vishnu Vardhan were speakers at the event. The presentations and videos can now be accessed in this report.

Telecom

CIS is involved in promoting access and accessibility to telecommunications services and resources and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Newspaper Column

Building Up vs Tearing Down (by Shyam Ponappa, July 3, 2013, originally published in the Business Standard, and also mirrored in Organizing India Blogspot).

Digital Humanities

We are building research clusters in the field of Digital Humanities. The Digital will be used as a way of unpacking the debates in humanities and social sciences and look at the new frameworks, concepts and ideas that emerge in our engagement with the digital. The clusters aim to produce and document new conversations and debates that shape the contours of Digital Humanities in Asia.

Event Co-organised

Digital Humanities for Indian Higher Education (co-organised by HEIRA, CSCS, Tumkur University, Tata Institute of Social Sciences, Mumbai and CIS, Indian Institute of Science, Bangalore, July 13, 2013).

Event Organised

Digital Humanities Talk (CIS, Bangalore, July 31, 2013). Sara Morais gave a talk on the advantages and problems in doing digital humanities work.

Event Participated In

Political Economy, Activism and Alternative Economic Strategies (organized by the International Institute of Social Studies, Erasmus University of Rotterdam, The Hague, July 9 – 13, 2013). Nishant Shah presented his paper on paper on Citizen Action in the Time of Network.

Blog Entries

Designing Change? Gatekeepers in Digital Humanities (by Sara Morais, July 2, 2013).
Towards Critical Tool-building (by Sara Morais, July 12, 2013).

About CIS

The Centre for Internet and Society is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness (including open government, FOSS, open standards, etc.), and engages in academic research on digital natives and digital humanities.

Get short, timely messages from us on Twitter
Join the CIS group on Facebook
Visit us at http://cis-india.org

Support Us
Please help us defend consumer / citizen rights on the Internet! Write a cheque in favour of ‘The Centre for Internet and Society’ and mail it to us at No. 194, 2nd ‘C’ Cross, Domlur, 2nd Stage, Bengaluru – 5600 71.

Request for Collaboration
We invite researchers, practitioners, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, at sunil@cis-india.org or Nishant Shah, Director – Research, at nishant@cis-india.org

CIS is grateful to its donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation and the Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/july-2013-bulletin

July 2012 Bulletin

praskrishna — 2012-10-09T11:46:15Z

Welcome to the newsletter issue of July 2012 from the Centre for Internet & Society (CIS). The present issue features a constitutional analysis of the Information Technology (Intermediaries' Guidelines) Rules notified in April 2011, an analysis of the Indian Draft DNA Profiling Act and CIS statement on Exceptions and Limitations for Libraries and Archives made at WIPO.

Jobs

CIS is seeking applications from interested candidates for the following posts:

Research Manager: CIS is seeking an individual, full-time, for a period of 12 months, beginning from October 2012. The Research Manager is expected to contribute to conceptualising, managing and executing research projects in the field of Internet and Society, build knowledge networks of researchers towards collaborative and open knowledge production and dissemination, developing and executing the monitoring and evaluation processes for humanities and social sciences based research, supporting and managing academic, popular and hybrid publishing projects from existing and new research and initiate innovative and creative areas and methodologies of studying the Internet and its practices in India and the larger Global South, to develop key research clusters and networks. Send in your applications by September 5, 2012 to admin@cis-india.org.
Programme Director – Access to Knowledge: CIS is seeking a Programme Director for its New Delhi office. The Programme Director will manage CIS’s Access to Knowledge programme which is funded by the Wikimedia Foundation, to support the growth of Wikipedia and its sister projects and to advance access to free knowledge in India. The Programme Director will partner with the large Wikimedia community in India to focus on Indic and English languages and will manage a team of four staff members.
Programme Officer – Access to Knowledge and Openness: CIS is seeking an individual with a strong background in policy research and advocacy to be part of its Openness and Access to Knowledge programmes. The candidates must have knowledge of Indian and international law on copyright, demonstrable research skills, public-speaking skills, open to travel and work independently.
Programme Officer – Internet Governance: CIS is seeking an individual with a strong background in legal research and policy work to be part of its internet governance (IG) programme. The candidates must have good knowledge of Indian and international law on freedom of expression and privacy, demonstrable research skills, have strong communication skills and be media savvy with the ability to convey complex legal issues clearly to a general audience, open to travel and work independently.

To apply for the posts of Programme Director and Programme Officers, please send your resume to Sunil Abraham (sunil@cis-india.org) or Pranesh Prakash (pranesh@cis-india.org) with three references.

Internet Governance

The Internet Governance programme conducts research around the various social, technical, and political underpinnings of global and national Internet governance, and includes online privacy, freedom of speech, and Internet governance mechanisms and processes:

Featured Research

Constitutional Analysis of the Information Technology (Intermediaries' Guidelines) Rules, 2011 (by Ujwala Uppaluri): Ujwala Uppaluri provides a constitutional analysis of the Information Technology (Intermediaries' Guidelines) Rules notified in April 2011, and examines its compatibility with Articles 14, 19, 21 of the Constitution of India.
Overview and Concerns Regarding the Indian Draft DNA Profiling Act (by GeneWatch UK & the Council for Responsible Genetics, US): The 2007 DNA Profiling Bill pending before the Parliament attempts to create an ambitious centralized DNA bank that would store DNA records of virtually anyone who comes within any proximity to the criminal justice system. The Bill contains provisions limiting access to and use of information contained in the database, and provides for the deletion of a person’s DNA profile upon their acquittal.

Columns

Internet Censorship: Anonymous Can’t be Just Harmful Hackers (Nishant Shah, FirstPost, July 13, 2012): If there was ever an interesting time for people concerned with freedom of speech and expression to live in, it is now, and it is definitely in India. It has been a series of battles the last couple of years, where a slightly out-dated government machinery has been trying to control and contain the burgeoning online spaces, only to be put in their place by the new-age tech-ninjas that have risen as the new heroes in our digital times.
Open letter to Hillary Clinton on Internet Freedom (Sunil Abraham, Thinking Aloud, July 17, 2012): Sunil Abraham’s open letter to Hillary Clinton was based on a presentation made during a panel discussion at a Google sponsored conference titled Internet at Liberty 2012 in Washington DC on May 24, 2012. The present article published in Thinking Aloud is an updated version of the blog entry published by CIS earlier this year.

Event Report

Privacy Matters — Medical Privacy (Yashwantrao Chavan Academy of Development Administration, Pune, June 30, 2012): Privacy India in partnership with the Indian Network for People living with HIV/AIDS, CIS, IDRC, and Society in Action Group with support from London-based Privacy International, held a public discussion on "Medical Privacy". Elonnai Hickok introduced the draft book Privacy in India: A Policy Guide that Privacy India had been compiling. The participants discussed medical privacy in India, the legal aspects of medical privacy, Supreme Court views on medical negligence, confidentiality and privacy, best practices on medical privacy in various health settings, etc.

Ongoing Event

The Asian Edge: 2012 Inter-Asia Cultural Studies Society Summer School: The 2nd Biannual Inter Asia Cultural Studies (IACS) Summer School is being hosted in Bangalore, India by CIS and the Centre for the Study of Culture and Society. The IACS Summer School brings together South and East Asian experts from different disciplines as faculty for graduate and advanced research students to engage with key issues of larger social, cultural and political concerns in cultural studies in Asia.

Upcoming Event

Role of the US Tech Companies in Government Surveillance: A Lecture by Christopher Soghoian (Centre for Internet and Society, 194, 2-C Cross, Domlur Stage II, Bangalore (Near Domlur Club and the TERI Complex)): Your internet, phone and web application providers are all, for the most part, in bed with US and other foreign government agencies. They all routinely disclose their customers' communications and other private data to law enforcement and intelligence agencies. Worse, firms like Google and Microsoft specifically log data in order to assist the government — How? — Find out — Christopher Soghoian will give a lecture on the role companies play in assisting government surveillance.

Events Organised

Privacy Matters — Consumer Privacy (India International Centre, New Delhi, July 7, 2012): Privacy India, in partnership with the Centre for Internet & Society, International Development Research Centre, Society in Action Group and Privacy International, invite you to a public conference focused on discussing the challenges and concerns to consumer privacy in India.
The Fifth Elephant (NIMHANS Convention Centre, Bangalore, July 27 and 28, 2012): The event was organised by HasGeek and supported by CIS. The first day covered the technology track and talks from business and industry were held on the following day.

Events Participated

Speak Easy: Citizenship, Freedom of Expression and Online Governance (American Centre, Kasturba Gandhi Marg, Connaught Place, New Delhi, July 31, 2012): Chinmayi Arun, a Fellow at CIS spoke at this event organised by the YP Foundation, Youth Ki Awaaz, Change.Org and RTI Anonymous.
Asia Pacific Regional Internet Governance Forum 2012 (Aoyama Campus, Aoyama Gakuin University, Tokyo, July 20, 2012). Sunil Abraham was a speaker in the session on international public policy and internet governance issues pertaining to the internet. The event was organised by APrIGF.Asia.
Fifth Meeting of the two Sub-Groups on Privacy Issues under the Chairmanship of Justice AP Shah (New Delhi, July 22, 2012): Sunil Abraham participated in this meeting held under the Chairmanship of Justice A.P. Shah, former Chief Justice of Delhi High Court.
Fourth Meeting of the two Sub-Groups on Privacy Issues under the Chairmanship of Justice AP Shah (Committee Room No. 228, Yojana Bhawan, Planning Commission, New Delhi, July 9, 2012): Sunil Abraham participated in the fourth meeting on privacy issues under the Chairmanship of Justice A.P. Shah, former Chief Justice of Delhi High Court.

News & Media Coverage

A Net of Hatred (Samar Khurshid, Hindustan Times, July 14, 2012): “The problem is...that internet conversations become extreme. Liberals don’t get embroiled in heated arguments while fundamentalists, dedicated to extreme ideologies, tend to win out." Web censorship...is in vain as the net is too vast to control.”— Pranesh Prakash.
Post-website attack, cops hot on pursuit of Anonymous hackers (The Times of India, July 11, 2012): “Anonymous consists of a large bunch of activists who gained some credibility in India after they organised offline protests. But this operation doesn't serve any purpose and brings down their credibility as details of those who filed complaints have been revealed.” — Pranesh Prakash.
The kids are all on Facebook (Shikha Kumar, Daily News & Analysis, July 8, 2012): “Children’s interaction online should always be under parental supervision. Censorship and control is not the responsibility of the government, but of parents.” — Sunil Abraham.
Freedom debate takes a new course (Deepa Kurup, The Hindu, July 1, 2012): “Under Indian copyright law, ISPs cannot be liable for copyright infringement committed by their users. So while it is good that the court clarified that its order was limited in its scope, it is possible to read even this as going far beyond that which is allowed under the law.” — Pranesh Prakash.

Access to Knowledge

The Access to Knowledge programme addresses the harms caused to consumers, developing countries, human rights, and creativity/innovation from excessive regimes of copyright, patents, and other such monopolistic rights over knowledge:

WIPO

CIS participated at the 24^th session of the WIPO Standing Committee on Copyrights and Related Rights held in Geneva from July 16 to 25, 2012. The outcomes are listed below:

India's Opening Statement on the Treaty for the Visually Impaired at SCCR 24: The opening statement of the Indian delegation was delivered by G.R. Raghavender on July 19, 2012. The statement called upon all countries to conclude textual work on the treaty and call for a Diplomatic Conference to finalize it.
CIS's Statement on the Treaty for the Visually Impaired: Pranesh Prakash read out CIS statement on July 20, 2012.
CIS's Statement on the WIPO Broadcast Treaty: Pranesh Prakash read out CIS statement specifically on the Chair's Non Paper on the Protection of Broadcasters which was released on July 23, 2012.
CIS's Statement on Exceptions & Limitations for Libraries and Archives: Pranesh Prakash delivered the statement on the issue of exceptions and limitations for libraries and archives on July 25, 2012.
Transcripts of Discussions at WIPO: The proceedings were live streamed. Copies of the unedited transcripts are hosted for archival purposes.

International Press Coverage

U.S. support sought for treaty to allow blind people access to copyrighted works (Rama Lakshmi, Washington Post, July 24, 2012): “The vast majority of visually disabled people live in poor, developing countries where very little money is spent on converting books into accessible formats, while they are much more readily available elsewhere...The treaty would end the book famine that they currently face.” — Pranesh Prakash.
US and EU blocking treaty to give blind people access to books (Paige McClanahan, The Guardian, July 30, 2012): “We in developing countries have found our voice and we are not going to back down. When people are demanding their basic rights, no power in the world is strong enough to stop them getting what they want.”— Rahul Cherian.

National Press Coverage

EU stalls treaty talks to allow copyright waiver for print disabilities (The Hindu, Priscilla Jebaraj, July 25, 2012): “[The treaty] would allow organisations working for the blind to import and export accessible works without seeking the copyright holder's permission, since very little money is spent in developing countries on converting books into accessible formats, while they are much more readily available elsewhere.” — Pranesh Prakash.

Accessibility

India has an estimated 70 million disabled persons who are unable to read printed materials due to some form of physical, sensory, cognitive or other disability. The disabled need accessible content, devices and interfaces facilitated via copyright law and electronic accessibility policies:

Blog Entry

Accessibility of Government Websites in India — Test Results

Openness

The 'Openness' programme critically examines alternatives to existing regimes of intellectual property rights, and transparency and accountability. Under this programme, we study Open Government Data, Open Access to Scholarly Literature, Open Access to Law, Open Content, Open Standards, and Free/Libre/Open Source Software:

Blog Entries

Unpacking Openness: From Seemingly Transparent to Definitely Opaque: Nishant Shah was in Netherlands recently and as part of his trip had given a public lecture to an audience at Kennisland. One of the respondents wrote a small write-up of the talk. This was originally published on the Kennisland website on July 25, 2012.
2012 Conference on Trends in Knowledge Information Dynamics (by Rebecca Schild): The 2012 Conference on Trends in Knowledge Information Dynamics convened a panel on Open Access. There was consensus amongst the panelist that the “big question” facing the open access movement no longer remains "if" or "why" open access, but rather "how" open access. The panel proved instructive for shifting the discussion away from ideology towards concrete questions facing the open access agenda and its implementation.
Open Government Data (by Pranesh Prakash): Pranesh Prakash provides an analysis of the chapter that CIS published in this report with Transparency & Accountability Initiative.

Grant Award

Wikimedia Foundation awards grant to Centre for Internet and Society to expand Access to Knowledge in India: Wikimedia Foundation has approved a grant to the Centre for Internet and Society to expand their Access to Knowledge program in India. This information was published by Barry Newstead, Chief Global Development Officer on the Wikimedia Foundation website on August 1, 2012.

Digital Natives

Digital Natives with a Cause? examines the changing landscape of social change and political participation in light of the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who critically engage with discourse on youth, technology and social change, and look at alternative practices and ideas in the Global South:

Book Review

Deconstructing Digital Natives: Young People, Technology and the New Literacies: Nishant Shah was invited to do a book review of a new anthology 'Deconstructing Digital Natives', edited by Michael Thomas. The review was published in Routledge's Journal of Children and Media on July 18, 2012.

Digital Natives Newsletter

Citizen Activism the Past Decade: The deadline for contribution to the Digital Natives newsletter expires on August 15. Nilofar Ansher gives a list of topics that contributors can explore in this blog entry.

Columns

Across Borders (Nishant Shah, Indian Express, July 5, 2012): “Digital Natives are not only a mobile-wielding generation, but also a mobile generation. They are fluid, not necessarily tied to the geographies of their origin, and often imagine themselves, as travelling across different networks and systems, like the information traffic on the internet. This dislocation of the fixity of where we are from and who we are is one of the most exciting results of the digital turn.”
Revisiting Techno-euphoria (Nishant Shah, DML Central, July 5, 2012): “The gadgets and tools we use are, actually, only material manifestations of the digital — which operates at the level of a paradigm or a context, through which we are slowly reshaping the material, social, and cultural notions of who we are and how we connect to the world around us.”

Event Participated

10th International ISTR Conference (Universita Degli Studi Di Siena, Italy, July 10 – 13, 2012): Nishant Shah was a panelist in the session, "Theoretical Grounding of Civic Driven Change". He gave a public lecture on Beyond Normative Citizenships: Exploring the ‘New’ in Digital Activism.

Telecom

While the potential for growth and returns exist for telecommunications in India, a range of issues need to be addressed. One aspect is more extensive rural coverage and the other is a countrywide access to broadband which is low. Both require effective and efficient use of networks and resources, including spectrum:

Building Knowledge and Capacity around Telecommunication Policy in India

Ford Foundation has given a grant of USD 200,000 to CIS to build expertise in the area of telecommunications in India. The following are the latest outputs:

Fixed Line Telephones (by Jürgen Kock): This module discusses the features and the various stages of the development of fixed line telephones, its early history, the basic principle of a fixed line telephone system, plain old telephone service, digital telephones, cordless phones to today's features of fixed line telephones.
Different Forms of Video Communication (by Tina Mani): In this module, Tina Mani takes us through some of the common forms of video communication such as video calling, video conferencing, telepresence and video sharing.
Broadband Policy, 2004 (by Snehashish Ghosh): In this module, Snehashish Ghosh tells us that the Policy was laid down by the Government of India in order to realize the potential of broadband services. It aimed at enhancing the quality of life by implementation of tele-education, tele-medicine, e-governance, entertainment, etc.
Cable Television Networks Regulation Act, 1955 (by Snehashish Ghosh): In this module, Snehashish examines the purpose of the legislation, the persons affected by it, the administrative bodies which come under the Act, the penalties (including the consequences in case of non-compliance), appeal process and the debates surrounding the legislation.
The Indian Wireless Telegraphy Act, 1933 (by Snehashish Ghosh): In this module, Snehashish Ghosh throws light on the main objective of the Act — that of regulating the possession of wireless telegraphy apparatus.

RTI Application

Use of DPI Technology by ISPs — Response by the Department of Telecommunications : Smiti Mujumdar on behalf of CIS filed requests under the Right to Information with the Department of Telecommunications, Telecom Regulatory Authority of India, BSNL and MTNL, asking a number of questions related to the use of Deep Packet Inspection (DPI) technology by Internet Service Providers (ISP) in India and corresponding regulations. A scanned version of the response from the Department of Telecommunications is hosted online.

Column in Business Standard

Decision Analysis for Interest Rates (Shyam Ponappa, Business Standard, July 5, 2012): The discipline of systematic evaluation through applying process-flow and decision analysis — in this example, of financial logic — can help make reasoned, practical decisions, whether for interest rates, or for resolving issues in power supply, or in telecommunications, spectrum and broadband.

About CIS

CIS was registered as a society in Bangalore in 2008. As an independent, non-profit research organisation, it runs different policy research programmes such as Accessibility, Access to Knowledge, Openness, Internet Governance, and Telecom. Over the last four years our policy research programmes have resulted in outputs such as the e-Accessibility Policy Handbook for Persons with Disabilities with ITU and G3ict, and Digital Alternatives with a Cause?, Thinkathon Position Papers and the Digital Natives with a Cause? Report with Hivos. With the Government of India we have done policy research for Ministry of Communications & Information Technology, Ministry of Human Resource Development, Ministry of Personnel, Public Grievances and Pensions, Ministry of Social Justice and Empowerment, etc., on WIPO Treaties, Copyright Bill, NIA Bill, etc.

CIS is an accredited NGO at WIPO and has given policy briefs to delegations from various countries, our Programme Manager, Nirmita Narasimhan won the National Award for Empowerment of Persons with Disabilities from the Government of India and also received the NIVH Excellence Award.

Follow us elsewhere

Get short, timely messages from us on Twitter
Join the CIS group on Facebook
Visit us at http://cis-india.org

CIS is grateful to its donors, Ford Foundation, Privacy International, UK, Hans Foundation and the Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/july-2012-bulletin

July 2011 Bulletin

praskrishna — 2012-07-30T07:00:26Z

Greetings from the Centre for Internet and Society! In this issue we are pleased to present you the latest updates about our research, upcoming events, and news and media coverage:

Researchers@Work

RAW is a multidisciplinary research initiative. To build original research knowledge base, the RAW programme has been collaborating with different organisations and individuals to focus on its three year thematic of Histories of the Internets in India. Five monographs: Re: Wiring Bodies by Asha Achuthan, Archive and Access by Aparna Balachandran and Rochelle Pinto, Pornography and the Law by Namita Malhotra, The Leap of Rhodes or, How India Dealt with the Last Mile Problem – An Inquiry into Technology and Governance by Ashish Rajadhyaksha and Internet, Society and Space in Indian Cities by Pratyush Shankar were sent for peer review.

Upcoming Event in CEPT, Ahmedabad

Locating Internets: Histories of the Internet(s) in India — Research Training and Curriculum Workshop: Call for Participation [Deadline for submission – 26 July 2011; Participants to be selected by 30 July 2011; Workshop from 19 to 22 August 2011]

Digital Natives with a Cause?

Digital Natives with a Cause? is a knowledge programme initiated by CIS and Hivos, Netherlands. It is a research inquiry that seeks to look at the changing landscape of social change and political participation and the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who want to critically engage with the dominant discourse on youth, technology and social change, in order to look at the alternative practices and ideas in the Global South. It also aims at building new ecologies that amplify and augment the interventions and actions of the digitally young as they shape our futures.

The Digital Natives Newsletter

"Links in the Chain" is a bi-monthly publication which highlights the projects, ideas and news of the "Digital Natives with a Cause?" community members. It includes opinion posts by participants from the three workshops — Talking Back (Taipei, 15 – 18 August 2010), My Bubble, My Space, My Voice (Johannesburg, 6 – 9 November 2010) and From Face to the Interface (Santiago, 8 – 10 February 2011) as well as the facilitators, interviews with them, comics and cartoons highlighting current issues affecting the community, as well as current news and discussions happening at the project website, www.digitalnatives.in.

The Digital Dinosaurs [Links in the Chain, Volume 7]
Special Mid Year Edition [Links in the Chain, Volume 8]

Accessibility

Estimates of the percentage of the world's population that is disabled vary considerably. But what is certain is that if we count functional disability, then a large proportion of the world's population is disabled in one way or another. At CIS we work to ensure that the digital technologies, which empower disabled people and provide them with independence, are allowed to do so in practice and by the law. To this end, we support web accessibility guidelines, and change in copyright laws that currently disempower the persons with disabilities.

Featured Research

Accessibility Policy Making: An International Perspective (Revised Edition 2011) [A G3ict White Paper researched and edited by the Center for Internet and Society, Bangalore, India. Editor: Nirmita Narasimhan, Revised edition: May 2011]

Access to Knowledge (previously IPR Reform)

CIS believes that access to knowledge and culture is essential as it promotes creativity and innovation and bridges the gaps between the developed and developing world positively. Hence, the campaigns for an international treaty on copyright exceptions for print-impaired, advocating against PUPFIP Bill, calls for the WIPO Broadcast Treaty to be restricted to broadcast, questioning the demonization of 'pirates', and supporting endeavours that explore and question the current copyright regime.

Featured

Don't Shoot the Messenger: Speech on Intermediary Liability at 22nd SCCR of WIPO (speech by Pranesh Prakash at a side-event co-organized from 15 to 24 June 2011, by WIPO and the Internet Society on intermediary liability).

Openness

CIS believes that innovation and creativity should be fostered through openness and collaboration and is committed towards promotion of open standards, open access, and free/libre/open source software.

Documentary

People are Knowledge – Experimenting with Oral Citations on Wikipedia (co-produced by CIS in association with the Wikimedia Foundation, on Oral Citations in India and South Africa)

Featured

Opening Government: A Guide to Best Practice in Transparency, Accountability and Civic Engagement across the Public Sector (published by Transparency & Accountability Initiative, CIS contributed the section on Open Government Data).

Internet Governance

Although there may not be one centralized authority that rules the Internet, the Internet does not just run by its own volition: for it to operate in a stable and reliable manner, there needs to be in place infrastructure, a functional domain name system, ways to curtail cyber crime across borders, etc. The Tunis Agenda of the second World Summit on the Information Society (WSIS), paragraph 34 defined Internet governance as “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet.” Its latest endeavour has resulted into these:

New Blog Post

RTI and Third Party Information: What Constitutes the Private and Public? [by Noopur Raval]

Events Organised

Socio-financial Online Networks: Globalizing Micro-Credit through Micro-transactional Networked Platforms – A Public Lecture by Radhika Gajalla [at CIS, Bangalore on 8 July 2011]
Internet Surveillance Policy: “…the second time as farce?” – A Public Lecture by Caspar Bowden [at TERI, Bangalore on 27 June 2011]

CIS is doing a project, ‘Privacy in Asia’. It is funded by Privacy International (PI), UK and the International Development Research Centre, Canada and is being administered in collaboration with the Society and Action Group, Gurgaon. The two-year project commenced on 24 March 2010 and will be completed as agreed to by the stakeholders. It was set up with the objective of raising awareness, sparking civil action and promoting democratic dialogue around challenges and violations of privacy in India. In furtherance of these goals it aims to draft and promote over-arching privacy legislation in India by drawing upon legal and academic resources and consultations with the public.

Featured

Privacy & Media Law (by Sonal Makhija). The research examines the existing media norms governed by Press Council of India, the Cable Television Networks (Regulation) Act, 1995 and the Code of Ethics drafted by the News Broadcasting Standard Authority, the constitutional protection guaranteed to an individual’s right to privacy upheld by the courts, and the reasons the State employs to justify the invasion of privacy.

Comments

Right to Privacy Bill 2010 — A Few Comments (by Elonnai Hickok). CIS has given specific recommendations and specific comments on the Right to Privacy Bill, 2010, which was introduced in the Rajya Sabha by Rajeev Chandrashekhar.

Event Report

Privacy Matters, Guwahati – the event was organised by IDRC, Society in Action Group, IDEA Chirang, an NGO initiative working with grassroots initiatives in Assam, Privacy India and CIS on 23 June 2011.

New Blog Entries

My Experiment with Scam Baiting (by Sahana Sarkar)
When Data Means Privacy, What Traces Are You Leaving Behind? (by Noopur Raval)
Video Surveillance and Its Impact on the Right to Privacy (by Elonnai Hickok)
Consumer Privacy in e-Commerce (by Sahana Sarkar)
An Overview of DNA Labs in India (by Shilpa Narani)
UID: Nothing to Hide, Nothing to Fear? (by Shilpa Narani)

News & Media Coverage

Indian SMEs still fail to harness the power of Net [Sunday Guardian, 19 June 2011]

Sorry Wrong Number [Telegraph, 3 July 2011]

Aadhaar’s moment of truth [Deccan Herald, 5 July 2011]
The Walls Have Ears [Outlook, issue, 11 July 2011]
Transparent Government, via Webcams in India [New York Times, 17 July 2011]; news also published in other languages in wprost (Polish), ictnews (Vietnamese) and @rret sur images(French)
NYT lauds Oommen Chandy’s 24/7 office webcast [Deccan Chronicle, 19 July 2011]
UID: The World’s Largest Biometric Database [International School on Digital Transformation, 21 July 2011]. Sunil Abraham made a presentation.
Facebook, my boyfriend is lousy [Bangalore Mirror, 24 July 2011]

Portal augurs well for transparency [The Hindu, 25 July 2011]

Follow us elsewhere

Get short, timely messages from us on Twitter

Follow CIS on identi.ca

Join the CIS group on Facebook

Visit us at www.cis-india.org

CIS is grateful to Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit https://cis-india.org/about/newsletters/july-2011-bulletin

July 2010 Bulletin

praskrishna — 2012-08-10T09:41:01Z

Greetings from the Centre for Internet & Society. We bring you updates of our research, news and media coverage, information on our events and other updates for the month of July 2010.

News Updates

Call for Case Studies on ICT
CIS invites organisations to participate in a study focusing on best practices in the use of ICTs in education for persons with disabilities.
http://bit.ly/d03jS0

Networking? Not working
Concerns about privacy, wastage of time and trivialized communication are some reasons ‘refuseniks’ are going off sites such as Facebook and MySpace, writes Shreya Ray in Livemint.
http://bit.ly/dpdKhX

Digital them about yourself?
If you’re on Facebook or have a blog, you could be a digital native, says Akhila Seetharaman.
http://bit.ly/ahA6Ts

Next CPOV Conference in Leipzig
Two CPOV conferences have been held so far. The first one in Bangalore and the second one in Amsterdam, the third is to be held in Leipzig.
http://bit.ly/cLN8XE

CIS featured in the Report on Research and Funding Landscape within the Arts and Humanities in India
Centre for Internet and Society has been listed as an area of excellence and innovative research in this report.
http://bit.ly/9GJsJ7

UID Act may be released for debate, may be introduced in monsoon session
An article by Karen Leigh & Surabhi Agarwal in livemint on June 30, 2010.
http://bit.ly/9Hq5dg

A New Age in News
Citizen journalism and online piracy were key topics during the opening day of the Mekong Information and Communication Technology conference. The 2010 Mekong ICT conference in Chang Mai, Thailand, has brought together an experienced crowd of experts from all over the globe. They have gathered to discuss the status, trends and the current situation of the ICT world.
http://bit.ly/bdGzbQ

Activists welcome privacy Bill, but point out concerns
Experts have welcomed the government's move to bring in a law for protecting individual privacy, amid concerns about the potential misuse of personal data it is collecting to execute social welfare and security schemes.
http://bit.ly/bnddaJ

Upcoming Events

Locating Gender Politics in the New Techno-Industrial Complex: A Lecture by Dr. Lisa McLaughlin
The Centre for the Study of Culture and Society (CSCS), IT for Change and the Centre for Internet and Society (CIS) are hosting a lecture by Dr. Lisa McLaughlin, Associate Professor in Media Studies and Women's Studies, Miami University, Ohio, USA at CIS, Bangalore on 23 July, 2010.
http://bit.ly/9zy2Fa

Promoting Education through ICT
ICT workshop in New Delhi from 27th to 29th October, 2010...Registrations to begin soon!
http://bit.ly/9flyEK

Research

The Attention Economy - A Brief Introduction
This post examines attention economy as a brief prelude to a paper and monograph to be published on it. It examines the current theses on attention economy and a few approaches to reading attention economy in gaming besides foregrounding the attention economy and its functions and influence in MMORPGs.
http://bit.ly/OP7QFl

The Making of an Asian City
Nishant Shah attended the conference on 'Pluralism in Asia: Asserting Transnational Identities, Politics, and Perspectives' organised by the Asia Scholarship Foundation, in Bangkok, where he presented the final paper based on his work in Shanghai. The paper, titled 'The Making of an Asian City', consolidates the different case studies and stories collected in this blog, in order to make a larger analyses about questions of cultural production, political interventions and the invisible processes that are a part of the IT Cities.
http://bit.ly/MXxyXP

Internet, Society and Space in Indian City: First Report
This is the first report on the progress of the research on Internet, Society and Space in Indian City. The post is a collection of some of the initial focus of these studies. I have started simultaneously exploring and testing various arguments and have listed some key observations from the ones that are nearing completion.
http://bit.ly/Ndmday

Digital Natives Workshop in Taipei: Only a Few Seats Left!!!
The Centre for Internet and Society in collaboration with the Frontier Foundation is holding a three day Digital Natives workshop in Taipei from 16 to 18 August, 2010. The three day workshop will serve as an ideal platform for the young users of technology to share their knowledge and experience of the digital and Internet world and help them learn from each other’s individual experiences.
http://bit.ly/P4mCKv

Accessibility

NMEICT Funds Book Conversion Project for the Print Disabled
IIT, Kharagpur, Daisy Forum of India, Inclusive Planet and the Centre for Internet and Society have joined hands to undertake a project for the print disabled. The National Mission on Education through Information and Communication Technology (NMEICT) is funding this project.
http://bit.ly/bWHi00

Right to Read: Campaign Updates
A nationwide campaign on Right to Read was co-organised by CIS along with the Daisy Forum of India and Inclusive planet to highlight the lack of content in accessible formats and accelerate change in the provisions of the Indian Copyright Act, 1957, which presently does not permit the conversion of books in accessible formats for the benefits the blind, visually impaired and other reading disabled persons. The campaign is affiliated with the global R2R campaign started by the World Blind Union in April 2008.
http://bit.ly/akoaSj

Intellectual Property

Analysis of the Copyright (Amendment) Bill, 2010
CIS analyses the Copyright (Amendment) Bill, 2010, from a public interest perspective to sift the good from the bad, and importantly to point out what crucial amendments should be considered but have not been so far.
http://bit.ly/KLBQDx

A Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement
The Centre for Internet and Society presents a guide for policymakers and other stakeholders to the latest draft of the India-European Union Free Trade Agreement, which likely will be concluded by the end of the year and may hold serious ramifications for Indian businesses and consumers.
http://bit.ly/Rw7whN

Openness

Open Access to International Agricultural Research
Open access advocates have urged the top management of the Consultative Group on International Agricultural Research to give open access to its research publications. A report by Subbiah Arunachalam on 3 June, 2010 was also circulated to all the signatories of the letter.
http://bit.ly/cspMYY

Telecom

Catching up on broadband
The govt can invest some of the Rs 1,00,000 crore from the spectrum auctions to help India catch up on broadband, says Shyam Ponappa in his latest article published in the Business Standard on July 1, 2010.
http://bit.ly/ag67TU

For more details visit https://cis-india.org/about/newsletters/july-2010-bulletin

Jugendschutz und Cyber-Grooming: Indisches Gericht hebt eigenen Tiktok-Bann wieder auf

Leon Kaiser — 2019-04-28T04:42:18Z

Der Streit um Tiktok geht in die nächste Runde: Nachdem Google und Apple die Video-App kürzlich aus ihrem Angebot streichen mussten, nahm ein indisches Gericht seine Anordnung heute wieder zurück. Im Fall geht es um Pornografie, Cyber-Grooming und die weiterhin ungeklärte Frage, wie mit großen Plattformen rechtlich umgegangen werden soll.

The article by Leon Kaiser was published in Netzpolitik.org on April 24, 2019.

In Indien schwelt seit Anfang April eine Auseinandersetzung zwischen Gerichten um die Video-App Tiktok. Ein Obergericht in Chennai hat heute entschieden, die selbst angeordnete Verbannung der App aus den Stores von Google und Apple wieder aufzuheben.

Zuvor hatte das höchste Gericht in Delhi den Fall zurück nach Chennai verwiesen und auf dem Einsatz eines dritten Gutachters gedrängt. Der argumentierte heute, dass ein Gericht die Einschränkung von App-Downloads nicht fordern könne, da es damit geltendem Recht widerspricht. Das Gericht nahm daraufhin die Anordnung unter einer Einschränkungen zurück.

Seinen Anfang nahm der Streit mit einer einstweiligen Anordnung, die das Madras High Court in Chennai Anfang April erlassen hatten. Die Richter warnten darin vor der App; sie degradiere die Kultur und befördere Pornografie. Sie berichteten auch von Suizidfällen und Mobbing auf der Plattform. Außerdem schütze die App ihre jungen Nutzer:innen nicht ausreichend vor Cyber-Grooming. Als Konsequenz sollte der Download der App beschränkt werden. Medien wurde die Nutzung von Tiktok-Videos in der Berichterstattung untersagt und die Regierung dazu aufgefordert, ein Gesetz zum Schutz von Kindern im Internet zu verabschieden.

Google und Apple setzen Wünsche der Regierung um

Tiktok ist ein soziales Netzwerk, in dem vor allem kurze Videoschnipsel geteilt werden. Nutzer:innen können beliebige Videos verfremden, remixen oder mit Musik unterlegen. Außerdem kann man Aufnahmen mit einem eigenen Video kommentieren und so visuell und ohne viel Text aufeinander Bezug nehmen. Indien ist mit über 120 Millionen Nutzer:innen nach China – dort heißt die App Douyin– der zweitgrößte Markt. Die App ist auch unter Jugendlichen in Deutschland beliebt und hat hierzulande gut vier Millionen Nutzer:innen

Am 16. April bat die indische Regierung dann Apple und Google, die App aus ihrem Angebot in Indien zu streichen. Bürgerrechtler:innen kritisierten den Schritt, die Auswahl von Tiktok sei willkürlich und andere Plattformen mit ähnlichen Problemen konfrontiert. Zudem sei Pornografie nicht illegal, was bei Cyber-Grooming sehr wohl der Fall ist. Die US-Konzerne setzten die Forderung ohne großes Aufsehen um, woraufhin neue Nutzer:innen die App dort vorübergehend nicht mehr herunterladen konnten.

Die Kritik an Tiktok ist auch aus anderen Ländern bekannt. Es gibt Recherchen und Berichte zu Fällen von Cyber-Grooming und sexueller Belästigung Minderjähriger. Die Federal Trade Commission in den USA belegte den chinesischen Konzern ByteDance, dem Tiktok gehört, mit einer Strafe von 5,7 Millionen Euro, weil er achtlos mit den Daten von Kindern umging.

Uploadfilter auch in Indien?

In Indien ist der Fall in zwei politische Entwicklungen eingebettet. Zum einen wird in Indien derzeit gewählt. Die Stimmabgabe läuft noch bis zum 19. Mai, womit sich der Wahlkampf in der heißen Phase befindet. Zumindest vereinzelt werden politische Botschaften und Parodien auch auf Tiktokverbreitet. Es gibt aber keine Untersuchungen darüber, wie wichtig die relativ junge App für den politischen Disksurs ist.

Zum anderen legte die Regierung Ende letzten Jahres einen Entwurf für eine Überarbeitung des indischen IT Acts vor. Die neuen „Intermediary Guidelines“ würden der Rechtswissenschaftlerin Chinmayi Arun zufolge der indischen Regierung weitreichende Befugnisse gegenüber Online-Plattformen im Land geben. Das Gesetz enthält auch eine Verpflichtung für die „proaktive“ Entfernung von „illegalen Informationen und Inhalten“ vor. Damit würden Plattformen zum Einsatz von Uploadfiltern verpflichtet, die Schwelle dafür wäre der schwammige Begriff „illegal“. Access Now kritisierte, dass das Gesetz Menschenrechte einschränke.

Das Gesetz ist noch nicht verabschiedet und so argumentierte der Gutachter heute mit der bestehenden Gesetzeslage. Er sagte, dass App-Anbieter gesetzlich als Intermediäre gelten und keine Haftungspflicht für alle Inhalte auf ihren Plattformen haben. Doch auch die aktuelle Rechtslage ist kritisch zu sehen. Sie entlässt profitorientierte Unternehmen vorschnell aus ihrer Verantwortung, wie Sunil Abraham vom Center for Internet and Society in Bangalore schreibt. Das Gericht schränkte die Aufhebung der Anordnung allerdings ein: Fänden sich weiterhin pornografische Inhalte in der App, könnte der Bann möglicherweise wieder eingesetzt werden. Die Rechtsanwälte von Tiktok beriefen sich im Gericht darauf, dass bereits viele Inhalte automatisiert ausgefiltert würden.

For more details visit https://cis-india.org/internet-governance/news/leon-kaiser-netzpolitik-april-24-2019-jugendschutz-und-cyber-grooming-indisches-gericht-hebt-eigenen-tiktok-bann-wieder-auf

John Doe order in Viacom 18 Motion Pictures v. Jyoti Cable Network and Ors. (movie Bitoo Boss)

Jai Anand — 2012-05-26T11:55:18Z

This is the case filed by Viacom 18 Motion Pictures, producer of movie 'Bitoo Boss' against Jyoti Cable Network and other unknown cable operators restraining them from infringing their copyrights and the Court granted an interim injunction called 'john doe' order under Order 39 Rule 1 and Rule 3 of CPC, 1908.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CS(OS) 937/2012

VIACOM 18 MOTION PICTURES ..... Plaintiff

Through: Mr.Akhil Sibal and Mr.Harshvardhan Jha, Advocates

versus

JYOTI CABLE NETWORK and ORS ..... Defendant

Through

CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI

ORDER

11.04.2012

IA.No.6433/2012 (u/O.26 R.9 CPC)

Dismissed as not pressed at this stage.

IA.No.6434/2012 (EXEMPTION

Allowed subject to just exceptions.

Application stands disposed of.

CS(OS) 937/2012 and IA.No.6432/2012 (STAY)

Issue summons in the suit and notice in the application to defendants, returnable on 18.07.2012.

Counsel for the plaintiff submits that plaintiff is engaged in the business of production and distribution of cinematograph films and other entertainment businesses. Plaintiff is the co-producer of cinematograph film "Bittoo Boss" along with wide Frames Pictures. Plaintiff has copyright over the said film. Counsel further contends that in view of "the past experience plaintiff apprehends that by using advanced" technology, the movie "Bittoo Boss" would be copied and
distributed in the market on DVDs/CDs as also exhibited on cable and internet by defendant nos. 1 to 5 and other unknown persons who have been impleaded as defendant nos. 6 to 30 in the assumed name Ashok Kumar. Mr.Sibal next submits that in case the film is shown on cable, internet and/or through any other medium by the persons, who are not being authorized by the plaintiff to do so, cine goers may not go to theaters to watch the film, resulting in huge financial losses to the plaintiff.

It has also been submitted by counsel for the plaintiff that factum of copying and distributing the film by such unscrupulous persons on CDs/DVDs/Blue-ray discs/VCDs and through various other mediums has been noticed in the past in respect of new releases not only by the plaintiff but other producers as well. It is contended that with regard to such unknown persons "John Doe" practice has to be resorted to, which is otherwise well recognized not only in India but in various other countries such as United States of America, Canada, England and Australia.

I have heard counsel for the plaintiff and also perused the plaint, application and the documents filed along with the plaint. I do find force in the submission made by counsel for the plaintiff. In Taj Television vs. Rajan Mandal and Ors. 2003 FSR 22 at page 407 principles of John Doe order has been recognized and followed for passing appropriate directions against such unknown and unscrupulous cable operators. A Single Judge of this Court in CS (OS) No. 821/2011 titled
UTV Software Communications Limited vs. Home Cable Network Ltd. and Ors.,has noted that court has jurisdiction to pass an order in nature of?a ?John Doe? injunction order against unknown persons in the circumstances, as has been pleaded by the plaintiff in the present case. Past practice of unauthorized persons
indulging in such illegal activities of copying the film on CDs/DVDs/Blue-ray discs and distributing the same has also been taken note in the said order. One can also not lose sight of the fact that film piracy in respect of such new release is not uncommon and judicial note of this fact can be taken.

I am satisfied that it is a fit case for grant of ex parte ad interim injunction. Balance of convenience is also in favour of the plaintiff. Prima facie the plaintiff has been able to establish that plaintiff has the exclusive copyright over the film "Bittoo Boss" which is yet to be released. In case, CDs/ DVDs/Blue-ray discs/VCDs are made
and the film is copied by using any other device and uploaded on internet by the defendant nos. 1 to 5 and other unidentified persons and distributed and shown on cable TV, DTH, internet, MMS, Tapes and CAS, the purpose of filing of the present suit shall be defeated and the plaintiff will suffer irreparable loss and injury.

For the forgoing reasons, defendants, their partners, proprietors, directors, shareholder, officers, servants, agents, representatives, franchisees, nominees and other unnamed and undisclosed persons, are restrained from communicating without license or displaying, releasing showing, uploading, downloading, exhibiting, playing, and/or defraying the movie "Bittoo Boss" in any manner without a proper license from the plaintiff or in any other manner which would violate/infringe the plaintiff's copyright in the said cinematograph film "Bittoo Boss" through different mediums like CD, DVD, Blue-ray disc, VCD, Cable TV,
DTH, Internet services, MMS, Pen drives, Hard drives, Tapes, CAS or in any other like manner.

Compliance of Order 39 Rule 3 be made within a week.

Copy of the order be given Dasti under the signatures of Court Master.

G.S.SISTANI, J

APRIL 11, 2012

For more details visit https://cis-india.org/internet-governance/resources/john-doe-order-viacom-18-v.-jyoti-cable-network-and-ors.-movie-bitoo-boss

John Doe order in Viacom 18 Motion Pictures v. Jyoti Cable Network and Ors. (movie Players)

Jai Anand — 2012-05-26T11:32:02Z

This is the case filed by Viacom 18 Motion Pictures, producer of movie 'Players' against Jyoti Cable Network and other unknown cable operators restraining them from infringing their copyrights and the Court granted an interim injunction called 'john doe' order under Order 39 Rule 1 and Rule 3 of CPC, 1908.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CS(OS) 3288/2011

VIACOM 18 MOTION PICTURES ..... Plaintiff

Through Mr Rajiv Nayyar, Sr. Adv. with

Mr Harsh Wardhan Jha, Adv.

versus

JYOTI CABLE NETWORK and ORS ..... Defendants

Through Nemo.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

23.12.2011

I.A. No.20946/2011, I.A. No.20947/2011

The original/certified documents/typed copy be filed within twelve weeks from today. The applications are disposed of.

I.A. No.20948/2011 (u/S 148 r/w S 151 CPC)

The court fees has been filed. The application is disposed of.

Let the plaint be registered as a suit.

At the first instance, summons be issued to the defendants 1 to 5, on filing of process fee and registered AD cover within one week, returnable on 10.02.2012.

I.A. No.20944/2011 (u/O 39 R 1 and 2 CPC)

Notice be issued to the defendants 1 to 5 for the date fixed.

I have heard the learned counsel for the plaintiff who has referred to various paras of the paint as well as the documents placed on record. The learned counsel for the plaintiff has also referred to the similar order dated 19.12.2011 passed in CS(OS) No. 3207/2011. Hence, till the next date of hearing, the defendants are restrained from in any way communicating without license or displaying, releasing, showing, uploading, downloading, exhibiting, playing, defraying the movie "Players" or in any other manner violating the plaintiff's copyright in the said cinematograph film "Players" through any and different media like CD, DVD, Blue-ray, VCD, Cable TV, DTH, Internet, MMS, Tapes,

Conditional Access System.

Compliance of order 39 Rule 3 CPC be made within one week.

I.A. No.20945/2011 (u/o 26 R 9 CPC)

The learned counsel for the plaintiff does not press this application. The same is dismissed.

Dasti.

MANMOHAN SINGH, J.

DECEMBER 23, 2011

For more details visit https://cis-india.org/internet-governance/resources/john-doe-order-viacom-18-v.-jyoti-cable-network-and-ors.-movie-players

John Doe order in Viacom 18 Motion Pictures v. Jyoti Cable Network and Ors. (movie Department)

Jai Anand — 2013-02-19T11:20:32Z

This is the case filed by Viacom 18 Motion Pictures, producer of movie 'Department' against Jyoti Cable Network and other unknown cable operators restraining them from infringing their copyrights and the Court granted an interim injunction called 'john doe' order under Order 39 Rule 1 and Rule 3 of CPC, 1908.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CS(OS) 1373/2012

VIACOM 18 MOTION PICTURES ..... Plaintiff

Through : Mr.Akhil Sibal and Mr.Harshvardhan Jha, Advs.

versus

JYOTI CABLE NETWORK and ORS ..... Defendants

Through

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

ORDER

14.05.2012

IA.No.9096/2012 (u/O.26 R.9 CPC)

Dismissed as not pressed at this stage.

IA.No.9097/2012 (EXEMPTION)

This is an application filed by plaintiff seeking exemption from filing certified/original copy of documents/orders.

Exemption allowed subject to plaintiff?s filing certified/original copy of documents, sought to be relied upon, within ten weeks from today.

Application stands disposed of.

CS(OS) 1373/2012 and IA.No.9095/2012 (STAY)

Plaintiff has filed the present suit for permanent injunction and rendition of accounts.

Issue summons in the suit and notice in the application to defendants, returnable on 23.08.2012.

Counsel for the plaintiff submits that plaintiff is engaged in the business of production and distribution of cinematograph films and other entertainment businesses. Plaintiff is the co-producer of cinematograph film "DEPARTMENT" along with wide Frames Pictures. Plaintiff has copyright over the said film. Counsel further contends that in view of the past experience plaintiff apprehends that by using advanced technology, the movie "DEPARTMENT" would be copied and distributed in the market on DVDs/CDs as also exhibited on cable and internet by defendant nos.1 to 5 and other unknown persons who have been impleaded as defendant nos.6 to 30 in the assumed name Ashok Kumar.

Mr.Sibal next submits that in case the film is shown on cable, internet and/or through any other medium by the persons, who are not being authorized by the plaintiff to do so, cine goers may not go to theaters to watch the film, resulting in huge financial losses to the plaintiff. It has also been submitted by counsel for the plaintiff that factum of copying and distributing the film by such unscrupulous persons on CDs/DVDs/Blue-ray discs/VCDs and through various other mediums has been
noticed in the past in respect of new releases not only by the plaintiff but other producers as well. It is contended that with regard to such unknown persons "John Doe" practice has to be resorted to, which is otherwise well recognized not only in India but in various other countries such as United States of America, Canada, England and Australia.

I have heard counsel for the plaintiff and also perused the plaint, application and the documents filed along with the plaint. I do find force in the submission made by counsel for the plaintiff. In Taj Television vs. Rajan Mandal and Ors., reported at 2003 FSR 22 at page 407, principles of John Doe order has been recognized and
followed for passing appropriate directions against such unknown and unscrupulous cable operators. A Single Judge of this Court in CS (OS) No.821/2011 titled
UTV Software Communications Limited vs. Home Cable Network Ltd. and Ors., has noted that court has jurisdiction to pass an order in nature of a "John Doe" injunction order against unknown persons in the circumstances, as has been pleaded by the plaintiff in the present case. Past practice of unauthorized persons indulging in such illegal activities of copying the film on CDs/DVDs/Blue-ray discs and distributing the same has also been taken note in the said order. One can also not lose sight of the
fact that film piracy in respect of such new release is not uncommon and judicial note of this fact can be taken.

I am satisfied that it is a fit case for grant of ex parte ad interim injunction. Balance of convenience is also in favour of the plaintiff. Prima facie the plaintiff has been able to establish that plaintiff has the exclusive copyright over the film "DEPARTMENT" which is yet to be released. In case, CDs/ DVDs/Blue-ray discs/VCDs are made and
the film is copied by using any other device and uploaded on internet by the defendant nos.1 to 5 and other unidentified persons and distributed and shown on cable TV, DTH, internet, MMS, Tapes and CAS, the purpose of filing of the present suit shall be defeated and the plaintiff will suffer irreparable loss and injury.

For the forgoing reasons, defendants, their partners, proprietors, directors, shareholder, officers, servants, agents, representatives,franchisees, nominees and other unnamed and undisclosed persons, are restrained from communicating without license or displaying, releasing, showing, uploading, downloading, exhibiting, playing, and/or defraying the movie "DEPARTMENT" in any manner without a proper license from the plaintiff or in any other manner which would violate/infringe the plaintiff's copyright in the said cinematograph film "DEPARTMENT" through different mediums like CD, DVD, Blue-ray disc, VCD, Cable TV, DTH, Internet services, MMS, Pen drives, Hard drives, Tapes, CAS or in any other like manner.

Compliance of Order 39 Rule 3 be made within a week.

Copy of the order be given Dasti under the signatures of Court Master.

G.S.SISTANI, J

MAY 14, 2012

For more details visit https://cis-india.org/internet-governance/resources/john-doe-order-viacom-18-v.-jyoti-cable-network-and-ors.-movie-department

John Doe order in Viacom 18 Motion Pictures v. Jyoti Cable Network and Ors. (movie Speedy Singh)

Jai Anand — 2012-05-26T10:58:23Z

This is the case filed by Viacom 18 Motion Pictures, producer of movie 'Speedy Singh' against Jyoti Cable Network and other unkown cable operators restraining them from infringing their copyrights and the Court granted an interim injunction called 'john doe' order under Order 39 Rule 1 and Rule 3 of CPC, 1908.

21.09.2011

Present: Mr. Rajiv Nayar, Sr. Adv. with Mr. Kunal Tandon, Adv. for the Plaintiff.

I.A. No. 15224/2011 (under Section 151 CPC)

Deficient Court fee be made good within 3 days.
Application is disposed of with the above direction.

CS(OS) No. 2352/2011

Plaint be registered as a Suit. Summons be issued to the defendants through ordinary manner, registered A.D. post and courier service, returnable for 19th December, 2011. Process fee etc. be filed within a week.

I.A. No. 15223/2011 (u/O 26 R 9 CPC)

Notice for the date fixed.

I.A. No. 15222/2011 (under Order 39 Rules 1 and 2 r/w Section 151 CPC)

Notice for the date fixed.

Plaintiff is engaged in the business of production and distribution of cinematograph films and other entertainment business. Plaintiff is the producer of cinematograph film "Speedy Singhs". Plaintiff has copyright over the said film. In view of the past experience plaintiff apprehends that by using advanced technology, the movie "Speedy Singhs" would be copied and distributed in the market on DVDs/CDs as also exhibited on cable and internet by defendant nos. 1 to 5 and other unknown persons who have been impleaded as defendant nos. 6 to 30 in the assumed name Ashok Kumar. In case the film is shown on cable, internet and/or through any other medium by the persons, who are not being authorized by the plaintiff to do so, cine goers may not go to theaters to watch the film, resulting in huge financial losses to the plaintiff. Factum of copying and distributing the film by such unscrupulous persons on CDs/DVDs/Blue-ray discs/VCDs and through various other mediums has been noticed in the past in respect of new releases not only by the plaintiff but other producers as well. It is contended that with regard to such unknown persons "John Doe" practice has to be resorted to, which is otherwise well recognized not only in India but in various other countries such as United States of America, Canada, England and Australia. I do find force in this contention. In Taj Television vs. Rajan Mandal and Ors. 2003 FSR 22 at page 407 principles of "John Doe" order has been recognized and followed for passing appropriate directions against such unknown and unscrupulous cable operators. A Single Judge of this Court in CS (OS) No. 821/2011 titled UTV Software Communications Limited vs. Home Cable Network Ltd. and Ors., has noted that court has jurisdiction to pass an order in nature of a "John Doe" injunction order against unknown persons in the circumstances, as has been pleaded by the plaintiff in the present case. Past practice of unauthorized persons indulging in such illegal activities of copying the film on CDs/DVDs/Blue-ray discs and distributing the same has also been taken note in the said order. One can also not lose sight of the fact that film piracy in respect of such new release is not uncommon and judicial notice of this fact can be taken.

In the facts of this case as detailed above, in my view plaintiff has succeeded in making a, prima facie, case in its favour. Plaintiff has exclusive copyright over the film "Speedy Singhs" which is yet to be released. In case, CDs/ DVDs/Blue-ray discs/VCDs are made and the film is copied by using any other device and uploaded on internet by the defendants and other unidentified persons and distributed and shown on cable TV, DTH, internet, MMS, Tapes and CAS, plaintiff will indubitably suffer irreparable loss and injury.

For the forgoing reasons, defendants, their partners, proprietors, directors, shareholder, officers, servants and agents, their representatives, franchisees, nominees and other known and unknown parties are restrained from in any way communicating without license or displaying, releasing, showing uploading, downloading, exhibiting, playing, defraying the movie "Speedy Singhs" in any manner without a proper license from the plaintiff or in any other manner which would violate/infringe the plaintiff's copyright in the said cinematograph film Speedy Singhs through different mediums like CD, DVD, Blue-ray, VCD, Cable TV, DTH, Internet services, MMS, Tapes, Conditional Access System
or in any other like manner. Plaintiff is permitted to publish the "John Doe" injunction order passed today in the local newspapers so as to make all the concerned aware of this order. Further, Station House Officer(s) of the concerned police station(s) are directed to render necessary assistance to the plaintiff should any be required for purposes of
enforcement of the present order.

Compliance of Order 39 Rule 3 be made within a week. Copy of the order be given Dasti under the signatures of the Court Master.

A.K. PATHAK, J.
September 21, 2011

For more details visit https://cis-india.org/internet-governance/resources/john-doe-order-viacom-18-v.-jyoti-cable-network-and-ors.-movie-speedy-singh

John Doe order in Viacom 18 Motion Pictures v. Jyoti Cable Network and Ors.(movie Bloody Money)

Jai Anand — 2012-05-26T21:00:57Z

This is the case filed by Viacom 18 Motion Pictures, producer of movie 'Blood Money' against Jyoti Cable Network and other unknown cable operators restraining them from infringing their copyrights and the Court granted an interim injunction called 'john doe' order under Order 39 Rule 1 and Rule 3 of CPC, 1908.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CS(OS) 785/2012

VIACOM 18 MOTION PICTURES

..... Plaintiff

Through Mr. Rajiv Nayar, Sr. Adv. with Mr. Harshvardhan Jha, Adv. for the Plaintiff.

versus

JYOTI CABLE NETWORKS AND ORS ..... Defendants

Through

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

26.3.2012

I.A. No. 5598/2012 (under Section 151 CPC)

In view of the law laid down in Aktiebolaget Volvo and Ors. vs. R. Venkatachalam and Anr. 160 (2009) Delhi Law Times 100, plaintiff is permitted to place on record the photocopies of the documents, subject to producing original thereof at the time of admission/denial of the documents. Application is disposed of.

I.A. No. 5597/2012 (under Order 26 Rule 9 r/w Section 151 CPC)

Disposed of as not pressed.

CS(OS) No. 785/2012

Plaint be registered as Suit. Summons be issued to the defendants in ordinary manner, registered A.D. post and courier service, returnable for 12th July, 2012. Process fee etc. be filed within a week.

I.A. No.5596/2012 (under Order 39 Rules 1 and 2 r/w Section 151 CPC)

Notice for the date fixed.

Plaintiff is engaged in the business of production and distribution of cinematograph films and other entertainment businesses. Plaintiff is the co-producer of cinematograph film ?BLOOD MONEY? along with Vishesh Films Pvt. Ltd. Plaintiff has copyright over the said film. In view of the past experience plaintiff apprehends that by using advanced technology, the movie ?BLOOD MONEY? would be copied and distributed in the market on DVDs/CDs as also exhibited on cable and internet by defendant nos. 1 to 5 and other unknown persons who have been impleaded as defendant nos. 6 to 30 in the assumed name Ashok Kumar. In case the film is shown on cable, internet and/or through any other medium by the persons, who are not being authorized by the plaintiff to do so, cine goers may not go to theaters to watch the film, resulting in huge financial losses to the plaintiff. Factum of copying and distributing the film by such unscrupulous persons on CDs/DVDs/Blue-ray discs/VCDs and through various other mediums has been noticed in the past in respect of new releases not only by the plaintiff but other producers as well. It is contended that with regard to such unknown persons "John Doe" practice has to be resorted to, which is otherwise well recognized not only in India but in various other countries such as United States of America, Canada, England and Australia. I do find force in this contention.

In Taj Television vs. Rajan Mandal and Ors. 2003 FSR 22 at page 407 principles of "John Doe" order has been recognized and followed forpassing appropriate
directions against such unknown and unscrupulous cable operators. A Single Judge of this Court in CS (OS) No. 821/2011 titled UTV Software Communications Limited vs. Home Cable Network Ltd. and Ors., has noted that court has jurisdiction to pass an order in nature of a "John Doe" injunction order against unknown persons in the circumstances, as has been pleaded by the plaintiff in the present case. Past practice of unauthorized persons indulging in such illegal activities of copying the film on CDs/DVDs/Blue-ray discs and distributing the same has also been taken note in the said order. One can also not lose sight of the fact that film piracy in respect of such new release is not uncommon and judicial note of this fact can be taken.

In the facts of this case as detailed above, in my view plaintiff has succeeded in making a, prima facie, case in its favour. Plaintiff has exclusive copyright over the film "BLOOD MONEY" which is yet to be released. In case, CDs/ DVDs/Blue-ray discs/VCDs are made and the film is copied by using any other device and uploaded on internet by the defendant nos. 1 to 5 and other unidentified persons and distributed and shown on cable TV, DTH, internet, MMS, Tapes and CAS, plaintiff will indubitably suffer irreparable loss and injury. Balance of convenience also lies in favour of the plaintiff.

For the forgoing reasons, defendants, their partners, proprietors, directors, shareholder, officers, servants, agents, representatives, franchisees, nominees and other unnamed and undisclosed persons, are restrained from communicating without license or displaying, releasing showing, uploading, downloading, exhibiting, playing, and/or defraying the movie ?BLOOD MONEY? in any manner without a proper license from the plaintiff or in any other manner which would violate/infringe the plaintiff's copyright in the said cinematograph film "BLOOD MONEY" through different mediums like CD, DVD, Blue-ray disc, VCD, Cable TV, DTH, Internet services, MMS, Pen drives, Hard drives, Tapes, CAS or in any other like manner.

Compliance of Order 39 Rule 3 be made within a week.

Copy of the order be given Dasti under the signatures of Court Master.

A.K. PATHAK, J.
MARCH 26, 2012

For more details visit https://cis-india.org/internet-governance/resources/john-doe-order-viacom-18-v.-jyoti-cable-network-and-ors.-movie-blood-money

John Doe order in Reliance Big Entertainment v. Multivision Network and Ors. (movie Don 2)

Jai Anand — 2012-05-26T11:18:44Z

This is the case filed by Reliance Big Entertainment, producer of movie 'Don 2' against Multivision Network and other unknown network operators restraining them from infringing their copyrights and the Court granted an interim injunction called 'john doe' order under Order 39 Rule 1 and Rule 3 of CPC, 1908.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CS(OS) 3207/2011

RELIANCE BIG ENTERTAINMENT PVT LTD ..... Plaintiff

Through Mr. Rajiv Nayar, Sr. Adv. with Mr. Rishi Agrawal and Mr.M.Mehta, Advs. for the Plaintiff.
versus

MULTIVISION NETWORK AND ORS ..... Defendants

Through

CORAM: HON'BLE MR. JUSTICE A.K. PATHAK

ORDER

19.12.2011

I.A. No. 20512/2011 (under Section 151 CPC)
Typed and clear copies of dim annexures be filed within 4 weeks.
Application is disposed of with the above direction.

I.A. No. 20511/2011 (under Section 151 CPC)
Original copies be filed within 4 weeks.
Application is disposed of with the above direction.
CS(OS) No. 3207/2011

Plaint be registered as Suit. Summons be issued to the defendants through ordinary manner, registered A.D. post and courier service, returnable for 19th April, 2012 before Joint Registrar. Process fee etc. be filed within a week.

I.A. No.20510/2011 (under Order 39 Rules 1 and 2 r/w Section 151 CPC)

Notice for the date fixed.

Plaintiff is engaged in the business of production and distribution of cinematograph films and other entertainment businesses. Plaintiff is the producer of cinematograph film "DON2". Plaintiff has copyright over the said film. In view of the past experience plaintiff apprehends that by using advanced technology, the movie ?DON2? would be copied and distributed in the market on DVDs/CDs as also exhibited on cable and internet by defendant nos. 1 to 15 and other unknown persons who have been impleaded as defendant nos. 16 to 36 in the assumed name Ashok Kumar. In case the film is shown on cable, internet and/or through any other medium by the persons, who are not being authorized by the plaintiff to do so, cine goers may not go to theaters to watch the film, resulting in huge financial losses to the plaintiff. Factum of copying and distributing the film by such unscrupulous persons on CDs/DVDs/Blue-ray discs/VCDs and through various other mediums has been noticed in the past in respect of new releases not only by the plaintiff but other producers as well. It is contended that with regard to such unknown persons ?John Doe? practice has to be resorted to, which is otherwise well recognized not only in India but in various other countries such as United States of America, Canada, England and Australia. I do find force in this contention. In Taj Television vs. Rajan Mandal and Ors. 2003 FSR 22 at page 407 principles of ?John Doe? order has been recognized and followed for passing appropriate directions against such unknown and unscrupulous cable operators. A Single Judge of this Court in CS (OS) No. 821/2011 titled UTV Software Communications Limited vs. Home Cable Network Ltd. and Ors., has noted that court has jurisdiction to pass an order in nature of a ?John Doe? injunction order against unknown persons in the circumstances, as has been pleaded by the plaintiff in the present case. Past practice of unauthorized persons indulging in such illegal activities of copying the film on CDs/DVDs/Blue-ray discs and distributing the same has also been taken note in the said order. One can also not lose sight of the fact that film piracy in respect of such new release is not uncommon and judicial note of this fact can be taken.

In the facts of this case as detailed above, in my view plaintiff has succeeded in making a, prima facie, case in its favour. Plaintiff has exclusive copyright over the film "DON2" which is yet to be released. In case, CDs/ DVDs/Blue-ray discs/VCDs are made and the film is copied by using any other device and uploaded on internet by the defendant Nos. 1 to 15 and other unidentified persons and distributed and shown on cable TV, DTH, internet, MMS, Tapes and CAS, plaintiff will indubitably suffer irreparable loss and injury.

For the forgoing reasons, defendants and other unnamed and undisclosed persons, are restrained from copying, recording or allowing camcording or communicating or making available or distributing, or duplicating, or displaying, or releasing, or showing, or uploading, or downloading, or exhibiting, or playing, and/or defraying the movie "DON2" in any manner without a proper license from the plaintiff or in any other manner which would violate/infringe the plaintiff?s copyright in the said cinematograph film "DON2" through different mediums like CD, DVD, Blue- ray disc, VCD, Cable TV, DTH, Internet services, MMS, Pen drives, Hard drives, Tapes, CAS or in any other like manner.

Compliance of Order 39 Rule 3 be made within a week.

Copy of the order be given Dasti under the signatures of the Court Master.
A.K. PATHAK, J.
DECEMBER 19, 2011

For more details visit https://cis-india.org/internet-governance/resources/john-doe-order-reliance-entertainment-v.-multivision-network-and-ors.-movie-don-2

John Doe order in Reliance Big Entertainment v. Multivision Network and Ors. (movie Singham)

praskrishna — 2012-05-26T10:03:52Z

This is the case filed by Reliance Big Entertainment, producer of movie 'Boduguard' against Jyoti Cable Network and other unknown network operators restraining them from infringing their copyrights and the Court granted an interim injunction called 'john doe' order under Order 39 Rule 1 and Rule 3 of CPC, 1908.

IN THE HIGH COURT OF DELHI AT NEW DELHI

20.07.2011
Present: Mr. Rajiv Nayar, Sr. Adv. with Mr. Nikhil Rohatgi and Mr. Akshay Ringe, Advs. for the Plaintiff.

I.A. No. 11242/2011 (under Section 151 CPC)

Exemption allowed, subject to filing of original documents, as mentioned in the application, by the plaintiff within 4 weeks.
Application is disposed of.
I.A. No. 11243/2011 (under Section 151 CPC)
Allowed, subject to all just exemptions.
Application stands disposed of.
CS(OS) No. 1724/2011

Plaint be registered as Suit. Summons be issued to the defendants through ordinary manner, registered A.D. post and courier service, returnable for 30th September, 2011.
I.A. No. 11241/2011 (under Order 39 Rules 1 and 2 r/w Section 151 CPC)

Notice for the date fixed. Plaintiff is the producer of cinematograph film "Singham". Plaintiff apprehends that the said movie will be copied and DVDs/CDs thereof will be prepared, distributed in the market as also shown on TV by the cable operators, thereby causing huge financial losses to the plaintiff. In case the film is shown on cable and internet, by the persons who are not being authorized by the plaintiff to do so, cine goers may not go to theaters to see the film, resulting in huge financial losses to the plaintiff. It is contended that copying and distributing the film on CDs/DVDs/Blue-ray discs/VCD, etc., by such unscrupulous persons has been noticed in respect of new releases in recent past. Such films are shown by the cable operators. It is further contended that plaintiff is able to find out the names of defendant nos. 1 to 5 who had been indulging in such activities. Apart from them, many unknown persons may also indulge in similar activity. Since names and addresses of such cable operators/persons are not known, they have been collectively arrayed as defendant nos. 6 to 30 in the assumed name of "Mr. Ashok Kumar". It is contended that in this regard "John Doe", practice may have to be resorted which is well recognized not only in United States of America, Canada, England and Australia but also in India. Reliance has been placed on Taj Television vs. Rajan Mandal and Ors. 2003 FSR 22 and order passed by a Single Judge of this Court in CS (OS) No. 821/2011 in UTV Software Communications Limited vs. Home Cable Network Ltd. and Ors.

Perusal of the orders, reliance whereupon has been placed by the plaintiff, shows that such unknown unauthorized persons can be arrayed as defendant nos. 6 to 30 and "John Doe" order may be passed against such persons enabling plaintiff to serve order upon such persons when their identity is disclosed. Past practice of unauthorized persons indulging in such illegal activities of copying the film on CDs/DVDs/Blue-ray disc and distributing the same has also been recognized in the judgment relied upon by the plaintiff.

In the facts of this case as detailed above, in my view plaintiff has succeeded in making a prima facie case in its favour. Plaintiff has exclusive copyright over the film "Singham" which is yet to be released. In case, CD, DVD, Blue-ray, VCD are made by unidentified persons and distributed and shown on cable TV, DTH, internet, MMS, Tapes and CAS, plaintiff will indubitably suffer irreparable loss and injury. For the forgoing reasons, defendants and other unnamed and undisclosed persons, are restrained from communicating or making available or distributing, or duplicating, or displaying, or releasing, or showing, or uploading, or downloading, or exhibiting, or playing, and/or defraying the movie "Singham" in any manner without proper license from the plaintiff or in any other manner which would violate/infringe the plaintiff's copyright in the said cinematograph film "Singham" through different mediums like CD, DVD, Blue-ray, VCD, Cable TV, DTH, Internet, MMS, Tapes, Conditional Access System or in any other like manner.

Compliance of Order 39 Rule 3 be made within a week. Copy of the order be given Dasti under the signatures of the Court Master.

A.K. PATHAK, J.
July 20, 2011

For more details visit https://cis-india.org/internet-governance/resources/john-doe-order-reliance-entertainment-v-multivision-network-and-ors.-movie-singham

John Doe order in Reliance Big Entertainment v. Multivision Network and Ors. (movie Bodyguard)

Jai Anand — 2012-05-26T10:34:59Z

This is the case filed by Reliance Big Entertainment, producer of movie 'Boduguard' against Jyoti Cable Network and other unkown network operators restraining them from infringing their copyrights and the Court granted an interim injunction called 'john doe' order under Order 39 Rule 1 and Rule 3 of CPC, 1908.

IN THE HIGH COURT OF DELHI AT NEW DELHI

26.08.2011
Present: Mr. Rajiv Nayar, Sr. Adv. with Mr. Rishi Agrawal and Ms. Shikha Sarin, Advs. for the Plaintiff.

I.A. No. 13476/2011 (under Section 151 CPC)

Typed and clear copies of dim annexures be filed within 4 weeks.
Application is disposed of with the above direction.
I.A. No. 13475/2011 (under Section 151 CPC)
Original copies be filed within 4 weeks.
Application is disposed of with the above direction.
CS(OS) No. 2066/2011

Plaint be registered as Suit. Summons be issued to the defendants through ordinary manner, registered A.D. post and courier service, returnable for 30th September, 2011. Process fee etc. be filed within a week.
I.A. No. 13474/2011 (under Order 39 Rules 1 and 2 r/w Section 151 CPC)

Notice for the date fixed.
Plaintiff is engaged in the business of production and distribution of cinematograph films and other entertainment business. Plaintiff is the producer of cinematograph film "Bodyguard". Plaintiff has copyright over the said film. In view of the past experience plaintiff apprehends that by using advanced technology, the movie "Bodyguard" would be copied and distributed in the market on DVDs/CDs as also exhibited on cable and internet by defendant nos. 1 to 9 and other unknown persons who have been impleaded as defendant nos. 10 to 30 in the assumed name Ashok Kumar. In case the film is shown on cable, internet and/or through any other medium by the persons, who are not being authorized by the plaintiff to do so, cine goers may not go to theaters to watch the film, resulting in huge financial losses to the plaintiff. Factum of copying and distributing the film by such unscrupulous persons on CDs/DVD /Blue-ray discs/VCDs and through various other mediums has been noticed in the past in respect of new releases not only by the plaintiff but other producers as well. It is contended that with regard to such unknown persons "John Doe" practice has to be resorted to, which is otherwise well recognized not only in India but in various other countries such as United States of America, Canada, England and Australia. I do find force in this contention. In Taj Television vs. Rajan Mandal and Ors. 2003 FSR 22 at page 407 principles of "John Doe" order has been recognized and fo llowed for passing appropriate directions against such unknown and unscrupulous cable operators. A Single Judge of this Court in CS (OS) No. 821/2011 titled UTV Software Communications Limited vs. Home Cable Network Ltd. and Ors., has noted that court has jurisdiction to pass an order in nature of a "John Doe" injunction order against unknown persons in the circumstances, as has been pleaded by the plaintiff in the present case.

Past practice of unauthorized persons indulging in such illegal activities of copying the film on CDs/DVDs/Blue-ray discs and distributing the same has also been taken note in the said order. One can also not lose sight of the fact that film piracy in respect of such new release is not uncommon and judicial note of this fact can be taken. In the facts of this case as detailed above, in my view plaintiff has succeeded in making a, prima facie, case in its favour. Plaintiff has exclusive copyright over the film "Bodyguard" which is yet to be released. In case, CDs/ DVDs/Blue-ray discs/VCDs are made and the film is copied by using any other device and uploaded on internet by the defendant Nos. 1 to 9 and other unidentified persons and distributed and shown on cable TV, DTH, internet, MMS, Tapes and CAS, plaintiff will indubitably suffer irreparable loss and injury.

For the forgoing reasons, defendants and other unnamed and undisclosed persons, are restrained from communicating or making available or distributing, or duplicating, or displaying, or releasing, or showing, or uploading, or downloading, or exhibiting, or playing, and/or defraying the movie "Bodyguard" in any manner without a proper license from the plaintiff or in any other manner which would violate/infringe the plaintiff?s copyright in the said cinematograph film "Bodyguard" through different mediums like CD, DVD, Blue-ray disc, VCD, Cable TV, DTH, Internet services, MMS, Tapes, Conditional Access System or in any other like manner. Plaintiff is permitted to publish the "John
Doe" injunction order passed today in the local newspapers.

Compliance of Order 39 Rule 3 be made within a week.

Copy of the order be given Dasti under the signatures of the Court Master.

A.K. PATHAK, J.
August 26, 2011

For more details visit https://cis-india.org/internet-governance/resources/john-doe-order-reliance-entertainment-v.-multivision-network-and-ors.-movie-bodyguard

John Doe order in Creative Commercials Media & Entertainment Limited v.BSNL (movie Dhammu)

Jai Anand — 2012-05-26T08:30:11Z

This is the case filed by Creative Commercials Media & Entertainment Ltd, producers of movie 'dhammu' against BSNL and other ISP's restraining them from infringing their copyrights and the Court granted an interim injunction called 'john doe' order.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Ordinary Original Civil Jurisdiction)

C.S. No. 294of 2012

M/s. Creative Commercials Media & Entertainment Ltd. Plaintiff

-Vs-

Bharath Sanchar Nigam Limited and 44 others Defendants

Ashok Kumar,

Unknown Person,

India.

Defendant Nos. 39 to 44

The plaintiff above named have instituted the above suit for permanent injunction restraining various unknown persons from infringing their copyright in the cinematograph film / motion picture "DHAMMU" by copying, recording, reproducing or allowing camcording or communicating or allowing others to communicate or make available or distributing or duplicating or displaying or releasing or showing or uploading or downloading or exhibiting or playing and / or in any manner communicating plaintiff's movie "DHAMMU" in any manner without a proper license from the plaintiff or in any other manner which would violate / infringe the plaintiff's copyright in the said cinematograph film "DHAMMU" through different mediums including CD, DVD, Blu-ray disc, VCD, cable TV, Direct to home services, internet services, multimedia messaging services, pen drives, hard drives, tapes, Conditional Access Systems or in any other like manner whatsoever and for such other consequential reliefs.

The application being O.A. No. 358 of 2012 for interim injunction in respect of infringement of copyright came up for hearing on 25th April 2012 before Hon'ble Mr. Justice R.Subbiah and the Hon'ble Judge was pleased to grant interim injunction as prayed for and ordered notice to you returnable by 7th June 2012.

Please take notice that the obove matter will bo listed for further hearing on 7th June 2012 or soon thereafter and make it convenient to appear before the court either personally or through counsel as and when the matter is listed for hearing, failing which the matter will be heard and decided in your absence.

M/s. A.A. MOHAN, BRINDA MOHAN, N. KARTHIKEYAN, S. DIWAKAR & ARUN C. MOHAN

Counsel for Plaintiff

For more details visit https://cis-india.org/internet-governance/resources/john-doe-order-creative-commercials-v.-bsnl-movie-dhammu