Software Patents
https://cis-india.org
Software patents are a potent threat to both open standards as well as FOSS. While in India, pure software patents (i.e., a patent over a "computer programme per se") are not allowed, still software patents are to be reckoned with. The draft patent manual prepared by the Patent Office in 2008 seemingly goes against section 3(k) of the Patents Act, and allows partially for software patents. Further, the Patent Office often incorrectly grants software patents, even though the same is prohibited by the law. We have started a wiki-based project to collect all such examples of incorrectly granted software patents.
daily12009-12-21T09:31:08ZEvent Report: Community Discussion on Open Standards
https://cis-india.org/internet-governance/blog/event-report-community-discussion-on-open-standards
<b>This community discussion organised by HasGeek was held at the office of the Centre for Internet and Society in Bangalore, India on June 20, 2019. </b>
<p> </p>
<p>Open standards are important for the growth and evolution of technology and practices for consumers and industries. They provide a range of tangible benefits, including, for instance, a reduction in cost of development for small businesses and organizations, facilitation of interoperability across different technologies in certain cases, and encouragement of competitiveness in the software and services market. Open standardization also encourages innovation, expansion in market access, transparency — along with a decrease in regulatory rigidity, as well as volatility in the market, and subsequently the surrounding economy, as well.</p>
<p>The importance of open standards is perhaps most strikingly evident when considering the ardent growth and impact the Internet — and the World Wide Web in particular — have been able to enjoy. The modern Internet has arguably been governed, at least for the most part, by the continuous development and maintenance of an array of inventive protocols and technical standards. Open standards are usually developed in a public-consultancy process, where the standards development organizations (“SDOs”) involved follow a multi-stakeholder model of decision-making. Multi-stakeholder models like this ensure equity to groups with varying interests, and also ensures that any resulting technology, protocol or standard which is developed is in accordance with the general consensus of those involved.</p>
<p>This event report highlights a community discussion on the state of open standardization in the age where immediately accessible cloud computing services are readily available to consumers — along with an imagined roadmap for the future; one which ensures steady ground for users as well as the open standards and open source software communities. Participants in the discussion focused on what they believed to be the key areas of open standardization, establishing a requirement for regulatory action in the open standards domain, while also touching upon the effects of market forces on stakeholders within the ecosystem, which ultimately guide the actions of software companies, service providers, users, and other consumers.</p>
<p>The event report can be accessed <a href="https://cis-india.org/internet-governance/resources/open_standards-event_report_2019.pdf">here.</a></p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/event-report-community-discussion-on-open-standards'>https://cis-india.org/internet-governance/blog/event-report-community-discussion-on-open-standards</a>
</p>
No publisherKaran Saini, Prem Sylvester and Anishka VaishnavCommunitiesOpen StandardsEvent2019-08-02T06:51:00ZBlog EntryDiscussion on Open Standards with Bernd Erk and Jiten Vaidya
https://cis-india.org/openness/events/discussion-on-open-standards-with-bernd-erk-and-jiten-vaidya
<b>Rootconf organised a discussion on open standards at CIS Bangalore office. Zainab Bawa, Karan Saini and Anwesha Das coordinated and organised the event.</b>
<p>The discussions created awareness on:</p>
<ol>
<li>Consequences of building your applications around non-open standards.</li>
<li>Risks associated with non-open standards.</li>
<li>How to build your applications around open standards.</li>
</ol>
<p>Open standards are important for:</p>
<ol>
<li>Business</li>
<li>Application development</li>
<li>Communications</li>
<li>Open internet</li>
</ol>
<p> </p>
<div id="_mcePaste" style="text-align: justify; "><span>The event kicked off with Bernd Erk talking about how the convenience of availing services from a few 'cloud' providers is killing open standards in the space. </span>Jiten Vaidya then discussed his experience running a successful open source product and business, and the future of open standards in the space. Kiran Jonnalagadda and Gurshabad Grover contributed to and moderated the subsequent discussion.</div>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/openness/events/discussion-on-open-standards-with-bernd-erk-and-jiten-vaidya'>https://cis-india.org/openness/events/discussion-on-open-standards-with-bernd-erk-and-jiten-vaidya</a>
</p>
No publisherAdminOpen StandardsOpennessEvent2019-07-04T16:53:37ZEventRegulating the Internet: The Government of India & Standards Development at the IETF
https://cis-india.org/internet-governance/blog/regulating-the-internet-the-government-of-india-standards-development-at-the-ietf
<b>The institution of open standards has been described as a formidable regulatory regime governing the Internet. Given the regulatory and domestic policy implications that technical standards can have, there is a need for Indian governmental agencies to focus adequate resources geared towards achieving favourable outcomes at standards development fora.</b>
<p>This brief was authored by Aayush Rathi, Gurshabad Grover and Sunil Abraham. Click <a class="external-link" href="http://cis-india.org/internet-governance/files/regulating-the-internet">here</a> to download the policy brief.</p>
<hr />
<h2>Executive Summary</h2>
<div> </div>
<p style="text-align: justify;">The institution of open standards has been described as a formidable regulatory regime governing the Internet. As the Internet has moved to facilitate commerce and communication, governments and corporations find greater incentives to participate and influence the decisions of independent standards development organisations.</p>
<p style="text-align: justify;">While most such bodies have attempted to systematise fair and transparent processes, this brief highlights how they may still be susceptible to compromise. Documented instances of large private companies like Microsoft, and governmental instrumentalities like the US National Security Agency (NSA) exerting disproportionate influence over certain technical standards further the case for increased Indian participation.</p>
<p style="text-align: justify;">The debate around Transport Layer Security (TLS) 1.3 at the Internet Engineering Task Force (IETF) forms an important case for studying how a standards body responded to political developments, and how the Government of India participated in the ensuing discussions. Lasting four years, the debate ended in favour of greater communications security. One of the security improvements in TLS 1.3 over its predecessor is that is makes less information available to networking middleboxes. Considering that Indian intelligence agencies and government departments have expressed fears of foreign-manufactured networking equipment being used by foreign intelligence to eavesdrop on Indian networks, the development is potentially favourable for the security of Indian communication in general, and the security of military and intelligence systems in particular. India has historically procured most networking equipment from foreign manufacturers. While there have been calls for indigenised production of such equipment, achieving these objectives will necessarily be a gradual process. Participating in technical standards can, then, be an effective interim method for intelligence agencies, defence wings and law enforcement for establishing trust in critical networking infrastructure sourced from foreign enterprises.</p>
<p style="text-align: justify;">Outlining some of the existing measures the Indian government has put in place to build capacity for and participate in standard setting, this brief highlights that while these are useful starting points, they need to be harmonised and strengthened to be more fruitful. Given the regulatory and domestic policy implications that technical standards can have, there is a need for Indian governmental agencies to focus adequate resources geared towards achieving favourable outcomes at standards development fora.</p>
<hr />
<p>Click <a class="external-link" href="http://cis-india.org/internet-governance/files/regulating-the-internet">here</a> to download the policy brief.</p>
<p style="text-align: justify;">Note: The recommendations in the brief were updated on 17 December 2018 to reflect the relevance of technical standard-setting in the recent discussions around Indian intelligence concerns about foreign-manufactured networking equipment.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/regulating-the-internet-the-government-of-india-standards-development-at-the-ietf'>https://cis-india.org/internet-governance/blog/regulating-the-internet-the-government-of-india-standards-development-at-the-ietf</a>
</p>
No publisherAayush Rathi, Gurshabad Grover and Sunil AbrahamOpen StandardsCryptographyCybersecurityInternet GovernanceSurveillanceIETFEncryption Policy2019-01-22T07:29:39ZBlog EntryIndian Patent Office updates Guidelines for Examination of Computer Related Inventions, yet again
https://cis-india.org/a2k/blogs/indian-patent-office-issues-updated-guidelines-for-computer-related-inventions-yet-again
<b>By discarding a test brought into force last year, the updated Guidelines take no concrete position to help clarify the ambiguity around patentability of software inventions in India.</b>
<p></p>
<p></p>
<p>The Office of the Controller General of Patents, Designs and
Trademarks (CGPDTM) issued new <a href="http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/Revised__Guidelines_for_Examination_of_Computer-related_Inventions_CRI__.pdf">Guidelines
on Examination of Computer Related Inventions (CRIs</a>) on 30<sup>th</sup> June,
making it easier to obtain a software patent in India (as compared to standards set in the 2016 Guidelines).</p>
<h2>New Changes</h2>
<p>The most important change is <a href="https://cis-india.org/a2k/blogs/the-new-guidelines-for-computer-related-inventions-are-a-big-win-for-foss-in-india">removal
of a test notified in 2016</a> which made CRIs patent eligible provided there
was a novel hardware component in the patent application. Accordingly, references
in the guidelines which aided interpretation of the 2016 test have been
deleted. Additionally, the new guidelines exclude the layout of integrated
circuits as patentable subject matter in CRIs.</p>
<p>The CGPDTM has refrained from prescribing a new test to
determine patentability of CRIs.</p>
<p>In the absence of specific guidance, it is likely that examiners will heavily rely on section 3(k) of the Patents Act, 1970, the Manual of Patent Practice and Procedure, and the views expressed by the <a class="external-link" href="http://164.100.47.5/webcom/MoreInfo/PatentReport.pdf">Joint Parliamentary Committee</a> in respect of "per se":</p>
<p> <em> "In the new proposed clause (k) the words ''per se" have been
inserted. This change has been proposed because sometimes the computer
programme may include certain other things, <strong>ancillary thereto or developed thereon.</strong> The intention here is not to reject them for grant of patent if they are inventions. However, the <strong>computer programmes as such</strong> are not intended to be granted patent. This amendment has been proposed to clarify the purpose." </em></p>
<h2>Policymaking re Guidelines on Examination
of CRIs</h2>
<p>After years of deliberation, the Indian Patent Office <a class="external-link" href="https://cis-india.org/a2k/blogs/comments-on-the-guidelines-for-examination-of-computer-related-inventions-cris">first proposed
a test in 2015</a> which was met with disapproval as it lowered the bar for
patentability of CRIs. After a stakeholder consultation, the IPO revised the test
in 2016, raising the bar of patent eligibility of CRIs, which was favorable to the
growth of small and medium enterprises in the Indian IT industry. The present 2017
guidelines are a result of streamlining stakeholder consultations conducted in
response to the 2016 guidelines as per a <a href="http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/Office_Order_No_36_of_2017_for_Revised__Guidelines_for_Examination_of_CRIs.pdf">circular</a>
by the IPO.</p>
<p>In the following table, I list the substantive changes made
in the new guidelines (in comparison to the 2016 Guidelines) and make some
preliminary remarks:</p>
<p></p>
<p></p>
<table class="grid">
<tbody>
<tr>
<td><strong>Type of Change</strong></td>
<td><strong>Change</strong></td>
<td><strong>Remarks</strong></td>
</tr>
<tr>
<td>Inserted in 2.1, <strong>Legal Provisions relating to CRIs</strong>
and
Deleted in 4.1, <strong>Novelty</strong></td>
<td>Section 2 (1)(l) defines “new invention” in The Indian Patents Act,
1970 as follows:
"New invention" means any invention or technology which has
not been anticipated by publication in any document or used in the country or elsewhere in the world before the date
of filing of patent application with complete specification, i.e. the subject
matter has not fallen in public domain or that it does not form part of the
state of the art</td>
<td><br /></td>
</tr>
<tr>
<td><br /><br />Added in 2.2, <strong>List of explicit exclusions from patentability under
section 3 for CRIs</strong></td>
<td>Section 3(o) topography of integrated circuits</td>
<td>Contemplates layout of integrated circuits as subject matter relating
to CRIs</td>
</tr>
<tr>
<td>Parts deleted in 4.3, <strong>Industrial Applicability</strong></td>
<td><br /><br />Industry herein is to be understood broadly having any useful and
practical activity while excluding intellectual or aesthetic activity.
Claims relating to “Method of playing games” and “computer
programming languages” are not considered to be industrially applicable. A
method for effecting introductions with a view to making friends is not
industrially applicable even though it could be carried out by a commercial
enterprise.
The determination of industrial applicability in case of CRIs is very
crucial since applications relating to CRIs may contain only abstract
theories, lacking in industrial application.</td>
<td>Only an explanation of industrial applicability in the general
context of patent law remains.</td>
</tr>
<tr>
<td>Deleted in 4.4, <strong>Sufficiency of Disclosure </strong>(strikethrough indicates
deleted part)</td>
<td><br /><br />4.4.1 Fully and particularly (What):
1. If the patent application
relates to apparatus/system/device i.e hardware based inventions, each and
every feature of the invention shall be described with suitable illustrative
drawings. <s>If these system/device/apparatus claims are worded in such a way
that they merely and only comprise of a memory which stores instructions to
execute the previously claimed method and a processor to execute these
instructions, then this set of claims claiming a system/device /apparatus may
be deemed as conventional and may not fulfil the eligibility criteria of
patentability. </s>
If, however, the invention relates to ‘method’, the necessary
sequence of steps should clearly be described so as to distinguish the
invention from the prior art with the help of the flowcharts and other
information required to perform the invention together with their modes/means
of implementation.
[…]</td>
<td>Loosened the disclosure requirement</td>
</tr>
<tr>
<td>Deleted in 4.4, <strong>Sufficiency of Disclosure</strong> (strikethrough indicates
deleted part)</td>
<td><br />4.4.4 Form and substance:
[…]
Even when the issue is related to hardware/software relation, <s>(e.g.,
when the claims recite ‘processor is programmed to… or ‘apparatus comprising
a processor and configured / programmed to…..)</s> the expression of the
functionality as a ‘method’, is judged on its substance. It is well established that, in
patentability cases, the focus should be on the underlying substance of the
invention, not the particular form in which it is claimed. The Patents Act
clearly excludes computer programmes per se and the exclusion should not be
allowed to be avoided merely by camouflaging the substance of the claim by
wording <s>(e.g. different subroutines are performed in different physical
locations such as processors will not suffice).</s></td>
<td>Removed illustrations</td>
</tr>
<tr>
<td>Replaced in 4.4, <strong>Sufficiency of Disclosure</strong> (strikethrough indicates
deleted part)</td>
<td><br /><br />4.4.5 Means Plus Function:
<p>Further, if the specification supports <s>implementation</s>
of the invention solely by the computer program then in that case means plus
function claims shall be rejected as these means are nothing but computer
programme per se.</p>
<p>Where no structural features of those means are disclosed in
the specification and specification supports <s>implementation</s> of the
invention solely by the software then in that case means in the “means plus
function” claims are nothing but software.</p>
</td>
<td> Replaced both struck out words by<em> performing the invention</em><br /></td>
</tr>
<tr>
<td><br /><br />Added in 4.5, <strong>Determination of excluded subject matter relating to
CRIs</strong></td>
<td><br />[…] Hence, along with determining the merit of invention as envisaged
under Sections 2(1) (j), (ja) and (ac), the examiner should also determine
whether or not they are patentable inventions under Section 3 of the Act.</td>
<td><br /></td>
</tr>
<tr>
<td><br />Parts deleted in 4.5.1. <strong>Claims directed as “Mathematical Method”</strong>:</td>
<td><br />[…]
Some examples which will attract exclusion:
acts of mental skill. e.g. A
method of calculation, formulation of equations, finding square roots, cube
roots and all other methods directly involving mathematical methods like
solving advanced equations of mathematics.
merely manipulates abstract
idea or solves a purely mathematical problem without specifying a practical
application.</td>
<td><br /></td>
</tr>
<tr>
<td>Added in in 4.5.1. <strong>Claims directed as “Mathematical Method”</strong> (emphasis
supplied)</td>
<td><br /><br />4.5.1. Claims directed as “Mathematical Method”:
Mathematical methods are a particular example of the principle that
purely abstract or intellectual methods are not patentable. Mathematical
methods like method of calculation, formulation of equations, finding square
roots, cube roots and all other similar acts of mental skill are therefore,
not patentable. <strong><u>Similarly mere
manipulations of abstract idea or solving purely mathematical
problem/equations without specifying a practical application also attract the
exclusion under this category.</u></strong>
<strong> </strong>
However, mere presence of a mathematical formula in a claim, to
clearly specify the scope of protection being sought in an invention, may not
necessarily render it to be a “mathematical method” claim. <strong><u>Also, such exclusions may not apply to
inventions that include mathematical formulae and resulting in systems for
encoding, reducing noise in communications/ electrical/electronic systems or
encrypting/ decrypting electronic communications</u></strong><u>.</u></td>
<td>Illustrations added to show that CRIs that include mathematical
formulae and result in systems for encoding, reducing noise in
communications/ electrical/electronic systems or encrypting/ decrypting
electronic communications, will not be ineligible merely by virtue of
presence of mathematical formulae. They will not necessarily construe a claim
on mathematical method.</td>
</tr>
<tr>
<td><br /><br />Part deleted in 4.5.4, <strong>Claims directed as “Computer Programme per se”</strong></td>
<td>The computer programme per se is excluded from patentability under
section 3(k) apart from mathematical or business method and algorithm</td>
<td><br /></td>
</tr>
<tr>
<td><br /><br />Inserted in 4.5, <strong>Determination of excluded subject matter relating to
CRIs </strong>(emphasis supplied)</td>
<td>4.5.8. Topography of integrated circuits
The above criterion is to be judged as per the procedures as laid out
in chapter 08.03.05.14 of the Manual</td>
<td>Contemplates layout of integrated circuits as subject matter relating
to CRIs</td>
</tr>
<tr>
<td>Parts deleted in 5, <strong>Tests/Indicators to determine Patentability of
CRIs</strong></td>
<td><br /><br />5. Tests/Indicators to
determine Patentability of CRIs:
Examiners may rely on the following three stage test in examining CRI
applications:
(1) Properly construe the
claim and identify the actual contribution;
(2) If the contribution
lies only in mathematical method, business method or algorithm, deny the
claim;
(3) If the contribution lies
in the field of computer programme, check whether it is claimed in
conjunction with a novel hardware and proceed to other steps to determine
patentability with respect to the invention. The computer programme in itself
is never patentable. If the contribution lies solely in the computer
programme, deny the claim. If the contribution lies in both the computer
programme as well as hardware, proceed to other steps of patentability.</td>
<td>Implication is that this test is no longer in force for examination
of patentability of CRIs</td>
</tr>
<tr>
<td><br /><br />Deleted 6, <strong>Illustrative examples of Claims which are not patentable</strong></td>
<td><em>Refer to 2016 Guidelines</em></td>
<td><br /></td>
</tr>
</tbody>
</table>
<p> Note: This post has been updated to reflect the change in point 4.4.5, which was previously missed by the author.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/indian-patent-office-issues-updated-guidelines-for-computer-related-inventions-yet-again'>https://cis-india.org/a2k/blogs/indian-patent-office-issues-updated-guidelines-for-computer-related-inventions-yet-again</a>
</p>
No publishersinhaIndian Patents Act Section 3(k)PatentsAccess to KnowledgeSoftware Patents2017-07-05T07:42:44ZBlog EntryComments on the Draft National Policy on Software Products
https://cis-india.org/internet-governance/blog/comments-on-draft-national-policy-on-software-products
<b>The Centre for Internet & Society submitted public comments to the Department of Electronics & Information Technology (DeitY), Ministry of Information & Communications Technology, Govt. of India on the National Policy of Software
Products on December 9, 2016. </b>
<p> </p>
<h2>I. Preliminary</h2>
<p style="text-align: justify;"><strong>1.</strong> This submission presents comments by the Centre for Internet and Society, India (“<strong>CIS</strong>”) on the Draft National Policy on Software Products <a name="fr1" href="#fn1">[1]</a> (“<strong>draft policy</strong>”), released by the Ministry of Electronics & Information Technology (“<strong>MeitY</strong> ”).</p>
<p style="text-align: justify;"><strong>2.</strong> CIS commends MeitY on its initiative to present a draft policy, and is thankful for the opportunity to put forth its views in this public consultation period.</p>
<p style="text-align: justify;"><strong>3.</strong> This submission is divided into three main parts. The first part, ‘Preliminary’, introduces the document; the second part, ‘About CIS’, is an overview of the organization; and, the third part contains the comments by CIS on the Draft National Policy on Software Products.</p>
<h2>II. About CIS</h2>
<p style="text-align: justify;"><strong>4.</strong> CIS is a non-profit organisation <a name="fr2" href="#fn2">[2]</a> that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, freedom of speech and expression, intermediary liability, digital privacy, and cyber security.</p>
<p style="text-align: justify;"><strong>5.</strong> CIS values the fundamental principles of justice, equality, freedom and economic development. This submission is consistent with CIS' commitment to these values, the safeguarding of general public interest and the protection of India's national interest at the international level. Accordingly, the comments in this submission aim to further these principles.</p>
<h2>III. Comments on the Draft National Policy on Software Products</h2>
<h3><strong>General Comments</strong></h3>
<p style="text-align: justify;"><strong>6.</strong> CIS commends MeitY on its initiative to develop a consolidated National Policy on Software Products. We believe that there are certain salient points in the draft policy that deserve particular appreciation for being in the interest of all stakeholders, especially the public. An indicative list of such points include:</p>
<ol style="text-align: justify;"><li>A focus on aiding digital inclusion via software, especially in the fields of finance, education and healthcare.</li>
<li>The recognition of the need for openness and application of open data principles in the private and public sector. Identifying the need for diversification of the information technology sector into regions outside the developed cities in India.</li>
<li>Identifying the need for innovation and original research in emerging fields such as Internet of Things and Big Data.</li></ol>
<p style="text-align: justify;"><strong>7.</strong> We observe that the draft policy weighs in the favour of creating a thriving digital economy, which indeed is a commendable objective per se. However, there are certain aspects which remain to be addressed by the draft policy, to ensure that the growth of our domestic software industry truly achieves the vision set out in Digital India for better delivery of government services and maximisation of the public interest.</p>
<p style="text-align: justify;"><strong>8.</strong> We submit that the proposed policy should include certain additional guiding principles to direct creation of software and its end-utilisation. These principles would ensure responsible, inclusive, judicious and secure software product life cycle by all the relevant stakeholders, including the industry, the government and especially the public. An indicative list of such principles that we believe should be explicitly included in the policy are:</p>
<ol style="text-align: justify;"><li>Ensuring that internationally accepted principles of privacy are followed in software development and utilisation, including public awareness.</li>
<li>Requiring basic yet sufficient standards of information security to ensure protection of user data at all stages of the software product life cycle.</li>
<li>Enforcing lingual diversity in software to allow for India’s diverse population to operate indigenous software in an inclusive manner.</li>
<li>Mandating minimum standards on accessibility in software creation, procurement and implementation to ensure sustainable use by the differently-abled.</li>
<li>Focusing on transparency & accountability in software procurement for all public funded projects.</li>
<li>Implementing the utilisation of Free and Open Source Software (“<strong>FOSS</strong>”) in the execution of public funded projects as per the mandate of the Policy on Adoption of Open Source Software for Government of India; thereby incentivising the creation of FOSS for use in both private and public sector.</li>
<li>For software to be truly inclusive of the goals of Digital India, it is essential that to provide supports to Indic languages and scripts without yielding an inferior experience or results for the end user in non-English interfaces. Software already deployed should be translated and localised.</li></ol>
<p style="text-align: justify;"><strong>9.</strong> The inclusion of these principles in substantive clauses of the policy will go a long way in ensuring the sustainable and transparent growth of domestic software product ecosystem.</p>
<h3><strong>Specific Comments</strong></h3>
<h4><strong>10.</strong> Development of a robust Electronic Payment Infrastructure</h4>
<p style="text-align: justify;"><strong>10.1.</strong> CIS observes that clauses 5.4 and 6.7 of the draft policy aim to establish a seamless electronic payment infrastructure. We submit that an electronic payment infrastructure should be designed with strong standards of information security, privacy and inclusivity (both accessibility and lingual).</p>
<p style="text-align: justify;"><strong>10.2.</strong> We recommend that the policy mandate minimum standards of information security, privacy and inclusivity in all payment systems across private and public sectors. The policy should, therefore, ideally specify the respective standards for these categories, for instance ISO 27001 and National Policy on Universal Electronics Accessibility <a name="fr3" href="#fn3">[3]</a>, alongside other industry standards for Electronic Payment Infrastructure.</p>
<h4>11. Government Procurement</h4>
<p style="text-align: justify;"><strong>11.1.</strong> CIS observes that clause 6.1 of the draft policy seeks to develop a framework for inclusion of Indian software in government procurement. It is commendable that the draft policy identifies the need for a better framework. CIS notes that the existing procurement procedure allows for usage of Indian software. In fact, the Government e-Marketplace(eGM) already has begun to incorporate some of these principles in general procurement.</p>
<p style="text-align: justify;"><strong>11.2.</strong> Indeed, the presence of a transparent and accountable government procurement, which leverages technology and the internet, is key to ensuring a sustainable and fair market. CIS recommends that the policy refer to these guiding principles to enable the development of a viable cache of Indian software products by creating more avenues, including government procurement.</p>
<h4>12. Incentives for Digital India oriented software</h4>
<p style="text-align: justify;"><strong>12.1.</strong> CIS observes that clause 6.3 of the draft policy incentivises the creation of software addressing the action pillars of the commendable Digital India programme.</p>
<p style="text-align: justify;"><strong>12.2.</strong> For development of superior quality software which will ensure excellent success of the Digital India programme, CIS recommends that the incentives should be provided <em>contingent </em>to the incorporation of certain minimum standards of software development. Such products and services should, <em>inter alia</em>, adhere to the stipulations under National Policy on Universal Electronics Accessibility, the Guidelines for Indian Government Websites, Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, etc. In the process, the software should be subjected to reviews by a neutral entity to gauge the compliance with the abovementioned minimum standards.</p>
<h4>13. Increasing adoption of Open APIs and Open Data</h4>
<p style="text-align: justify;"><strong>13.1.</strong> CIS observes that clause 6.6 of the draft policy promotes the use of open APIs and open data in development of e-government services.</p>
<p style="text-align: justify;"><strong>13.2.</strong> We strongly recommend that open APIs and open data principles be adopted by software used in all government organizations, and non-commercial software . Open Data and Open APIs can serve a vital role in ensuring transparent, accountable and efficient governance, which can be leveraged in a major way within the policy by the public and civil society.</p>
<h4>14. Creation of Enabling Environment for Innovation, R&D, and IP Creation and Protection</h4>
<p style="text-align: justify;"><strong>14.1.</strong> CIS observes that clause 8.1 of the draft policy seeks to create an enabling environment for innovation, R&D, and IP creation and protection.</p>
<p style="text-align: justify;"><strong>14.2.</strong> CIS submits that the existing TRIPS-compliant Indian intellectual property law regime is adequately designed to incentivise creativity and innovation in the area of software development. The Indian Patents Act, 1970 read with the Guidelines for Examination of Computer Related Inventions, 2016 do not permit the patenting of <em>computer programmes per se</em>. Several Indian software developers, notably small and medium sized development companies have made evidence-based submissions to the government previously on the negative impact of software patenting on software innovation <a name="fr4" href="#fn4">[4]</a>.</p>
<p style="text-align: justify;"><strong>14.3.</strong> CIS recommends that the proposed policy re-affirm the adequacy of the Indian intellectual property regime to protect software development, in compliance with the TRIPS Agreement.</p>
<h2>IV. Conclusion</h2>
<p style="text-align: justify;"><strong>15.</strong> CIS commends the MeitY on the development of the draft policy. We strongly urge MeitY to address the issues highlighted above, especially emphasising the incorporation of essential principles such as information security, privacy, accessibility, etc. Adoption of such measures will ensure a fair balance between commercial growth of domestic software industry and the maximisation of public interest.</p>
<hr style="text-align: justify;" />
<p>[<a name="fn1" href="#fr1">1</a>]. National Policy on Software Products (2016, Draft internal v1. 15) available at <a class="external-link" href="http://meity.gov.in/sites/upload_files/dit/files/National%20Policy%20on%20Software%20Products.pdf">http://meity.gov.in/sites/upload_files/dit/files/National%20Policy%20on%20Software%20Products.pdf</a></p>
<p><a class="external-link" href="http://meity.gov.in/sites/upload_files/dit/files/National%20Policy%20on%20Software%20Products.pdf">[</a><a name="fn2" href="#fr2">2</a>]. See The Centre for Internet and Society, available at <a class="external-link" href="http://cis- india.org">http://cis- india.org</a> for details of the organization,and our work.</p>
<p>[<a name="fn3" href="#fr3">3</a>]. See <a class="external-link" href="http://meity.gov.in/sites/upload_files/dit/files/Accessible-format-National%20Policy%20on%20Universal%20Electronics.pdf">http://meity.gov.in/sites/upload_files/dit/files/Accessible-format-National%20Policy%20on%20Universal%20Electronics.pdf</a></p>
<p>[<a name="fn4" href="#fr4">4</a>]. See <a class="external-link" href="http://economictimes.indiatimes.com/articleshow/52159304.cms?utm_source=contentofinterest&amp;utm_me%20dium=text&amp;utm_campaign=cppst">http://economictimes.indiatimes.com/articleshow/52159304.cms?utm_source=contentofinterest&utm_me dium=text&utm_campaign=cppst</a></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/comments-on-draft-national-policy-on-software-products'>https://cis-india.org/internet-governance/blog/comments-on-draft-national-policy-on-software-products</a>
</p>
No publisherAnubha Sinha, Rohini Lakshané, and Udbhav TiwariOpen StandardsNational Software PolicyOpen SourceOpen DataInternet GovernanceOpenness2016-12-12T14:45:11ZBlog Entry(Lack of) Representation of Non-Western World in Process of Creation of Web Standards
https://cis-india.org/a2k/blogs/lack-of-representation-of-non-western-world-in-creation-of-web-standards
<b>World Wide Consortium (W3C) as a standard setting organization for the World Wide Web plays a very important role in shaping the web. We focus on the ongoing controversy related to Encrypted Media Extensions (EME) and found that there was a serious lack of participation from people from non-western countries. We also found serious lack of gender diversity in the EME debate.</b>
<p style="text-align: justify; ">W3C is the organization which sets the standard for HTML 5. Recently it got surrounded by controversy due to the Encrypted Media Extensions (EME) draft specification (David Dorwin et al. 2016). EME aims to prevent piracy of digital video by making it hard to download the unencrypted video stream. But it also raises lots of issues regarding implementation in Free and Open Source Software, Interoperability, Privacy, Security, Accessibility and fair use. (Cory Doctorow 2016)</p>
<p style="text-align: justify; ">In this study we looked at aspects of the debate which both of the sides ignored, the third world! We found that out of 48 people who participated in the debate around EME on W3C's public-html mailing list, none of them were from the continents of Asia, Africa or South America. These regions make up almost 80 % of the world's population and more than 60 percent of world's internet users (Stats 2016). When a group of people doesn't get represented a in the standard making process it is expected that their concerns don't get represented either. The representation of people is specially important in the EME debate because laws around Digital Rights Management around the world are different. For example Indian laws does not disallow manufacture and distribution of circumvention tools whereas the law in USA does (Prakash 2016b). The cultural norms around the world are quite different and also the conditions under which people use the internet are different. India has the lowest average internet speed across the world (Akamai 2016). A large of fraction of Indian population (37% in 2010) accesses internet through Cyber Cafés (TRAI 2016). These factors makes the ability to download digital content much more important for an Indian internet user than a North American or European internet user.</p>
<h2 style="text-align: justify; ">Methodology</h2>
<p style="text-align: justify; ">We used BigBang<a href="#_ftn1" name="_ftnref1">[1]</a> python package to download the achieves of the public-html mailing list at W3C.<a href="#_ftn2" name="_ftnref2">[2]</a> Our dump contains all the messages between 31st August 2010 to 15th May 2016. Then we filtered out all the emails with EME, encrypted media or DRM in the subject line. There were 472 such emails. We then de-duplicated the list of senders as some senders used multiple emails in the course of discussion. There were 48 unique senders afters de duplication. Then we looked up their social media profiles (LinkedIn, Twitter, Github), personal website or page at employers site to determine the region they belong to and their gender. All the source code used for the analysis is available on our github repository.<a href="#_ftn3" name="_ftnref3">[3]</a></p>
<h2 style="text-align: justify; ">Result</h2>
<h3 style="text-align: justify; ">Regional Diversity</h3>
<table class="grid listing" style="text-align: justify; ">
<tbody>
<tr>
<td>
<p><b>Region</b></p>
</td>
<td>
<p><b>Participant (%)</b></p>
</td>
<td>
<p><b>Email (%)</b></p>
</td>
</tr>
<tr>
<td>
<p>Africa</p>
</td>
<td>
<p>0 (0)</p>
</td>
<td>
<p>0 (0)</p>
</td>
</tr>
<tr>
<td>
<p>Asia</p>
</td>
<td>
<p>0 (0)</p>
</td>
<td>
<p>0 (0)</p>
</td>
</tr>
<tr>
<td>
<p>Australia and New Zealand</p>
</td>
<td>
<p>5 (10.4)</p>
</td>
<td>
<p>16 (3.4)</p>
</td>
</tr>
<tr>
<td>
<p>Europe</p>
</td>
<td>
<p>13 (27.1)</p>
</td>
<td>
<p>146 (30.9)</p>
</td>
</tr>
<tr>
<td>
<p>North America</p>
</td>
<td>
<p>30 (62.5)</p>
</td>
<td>
<p>310 (65.7)</p>
</td>
</tr>
<tr>
<td>
<p>South America</p>
</td>
<td>
<p>0 (0)</p>
</td>
<td>
<p>0 (0)</p>
</td>
</tr>
<tr>
<td>
<p><b>Total</b></p>
</td>
<td>
<p><b>48 (100)</b></p>
</td>
<td>
<p><b>472 (100)</b></p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: justify; ">As mentioned in the Introduction above there was absolutely no participation from the whole continents of Africa, Asia, or South America with most of the emails being sent by North Americans.</p>
<h3 style="text-align: justify; ">Gender Diversity</h3>
<table class="grid listing" style="text-align: justify; ">
<tbody>
<tr>
<td>
<p><b>Gender</b></p>
</td>
<td>
<p><b>Participant(%)</b></p>
</td>
<td>
<p><b>Email(%)</b></p>
</td>
</tr>
<tr>
<td>
<p>Male</p>
</td>
<td>
<p>47 (97.9)</p>
</td>
<td>
<p>466 (98.7)</p>
</td>
</tr>
<tr>
<td>
<p>Female</p>
</td>
<td>
<p>1 (2.1)</p>
</td>
<td>
<p>6 (1.3)</p>
</td>
</tr>
<tr>
<td>
<p><b>Total</b></p>
</td>
<td>
<p><b>48 (100)</b></p>
</td>
<td>
<p><b>472 (100)</b></p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: justify; ">There was only one women participating in the discussing contributing 1.3 % of the emails sent. The numbers reflects widely discussed lack of gender diversity in Tech and Open communities.</p>
<p style="text-align: justify; ">The debate inside W3C around EME also seriously lacked in gender diversity, which is typical of open communities.</p>
<h3 style="text-align: justify; ">Stakeholder Community</h3>
<table class="grid listing" style="text-align: justify; ">
<tbody>
<tr>
<td>
<p><b>Stakeholder Community</b></p>
</td>
<td>
<p><b>Participants per work category</b></p>
</td>
<td>
<p><b>Emails sent per stakeholder category</b></p>
</td>
</tr>
<tr>
<td>
<p><b>FOSS browser developer</b></p>
</td>
<td>
<p>5</p>
</td>
<td>
<p>56</p>
</td>
</tr>
<tr>
<td>
<p><b>Digital Content Provider</b></p>
</td>
<td>
<p>9</p>
</td>
<td>
<p>186</p>
</td>
</tr>
<tr>
<td>
<p><b>DRM Platform Provider</b></p>
</td>
<td>
<p>15</p>
</td>
<td>
<p>100</p>
</td>
</tr>
<tr>
<td>
<p><b>Accessibility</b></p>
</td>
<td>
<p>4</p>
</td>
<td>
<p>47</p>
</td>
</tr>
<tr>
<td>
<p><b>Security Researcher</b></p>
</td>
<td>
<p>0</p>
</td>
<td>
<p>0</p>
</td>
</tr>
<tr>
<td>
<p><b>Privacy</b></p>
</td>
<td>
<p>2</p>
</td>
<td>
<p>2</p>
</td>
</tr>
<tr>
<td>
<p><b>Other W3C Employee</b></p>
</td>
<td>
<p>3</p>
</td>
<td>
<p>10</p>
</td>
</tr>
<tr>
<td>
<p><b>None of the Above</b></p>
</td>
<td>
<p>10</p>
</td>
<td>
<p>71</p>
</td>
</tr>
<tr>
<td>
<p><b>Total</b></p>
</td>
<td>
<p><b>48</b></p>
</td>
<td>
<p><b>472</b></p>
</td>
</tr>
</tbody>
</table>
<p style="text-align: justify; ">We observe that there was no participation from the Security Researcher community and negligible participation from privacy community. Voice of Digital Content Provider was overrepresented with almost 40% of emails sent by them.</p>
<p style="text-align: justify; ">Methodological remarks:</p>
<ul style="text-align: justify; ">
<li>Participants are categorized on the basis stakes of their employer and not specifically on the work they do. For example someone who works on privacy in Google will be placed in "DRM platform provider" instead of "Privacy".</li>
<li>W3C and Universities are considered to neutral and their employees are categorized by the work they do.</li>
<li>Google's position is very interesting, it is a DRM provider as a browser manufacturer but also a content provider in Youtube and fair number of Google Employers are against EME due to other concerns. Therefore Christian Kaiser has been paced as Content provider because he works on Youtube, and everyone else has been placed as DRM provider.</li>
</ul>
<h3 style="text-align: justify; ">Discussion and Future Work</h3>
<p style="text-align: justify; ">The lack of diversity in W3C is not unique. (Graham, Straumann, and Hogan 2015) showed a significant western bias in Wikipedia, gender bias in Wikipedia has also a well known and is being actively worked upon. Internet Corporation for Assigned Names and Numbers has also been criticized for under representing interests of non North American and West European world (Prakash 2016a).</p>
<p style="text-align: justify; ">We hope that W3C and other organizations will increase the diversity in their standard making process so that global voices actually shape the global internet.</p>
<h3 style="text-align: justify; ">Acknowledgement</h3>
<p style="text-align: justify; ">This work was done during my internship at The Center for Internet & Society, India. I thank Sunil Abraham for useful and timely feedback and Pranesh Prakash, Amber Sinha and Udbhav Tiwari for informed discussions.</p>
<hr />
<h2 style="text-align: justify; ">References</h2>
<ul>
<li>Akamai. 2016. “Akamai State of the Internet Q1 2016.” Accessed August 20. <a href="https://www.akamai.com/uk/en/multimedia/documents/state-of-the-internet/akamai-state-of-the-internet-report-q1-2016.pdf"><b>https://www.akamai.com/uk/en/multimedia/documents/state-of-the-internet/akamai-state-of-the-internet-report-q1-2016.pdf</b></a>.</li>
<li>Cory Doctorow. 2016. “Interoperability and the W3C: Defending the Future from the Present.” <i>Electronic Frontier Foundation</i>. <a href="https://www.eff.org/deeplinks/2016/03/interoperability-and-w3c-defending-future-present"><b>https://www.eff.org/deeplinks/2016/03/interoperability-and-w3c-defending-future-present</b></a>.</li>
<li>David Dorwin, Jerry Smith, Mark Watson, and Adrian Bateman. 2016. “Encrypted Media Extensions, W3C Editor’s Draft.” Accessed May 13. <a href="https://w3c.github.io/encrypted-media/"><b>https://w3c.github.io/encrypted-media/</b></a></li>
<li>Feminism, Geek. 2016. “Geek Feminism Wiki FLOSS.” <i>Geek Feminism Wiki</i>. Accessed October 5. <a href="http://geekfeminism.wikia.com/wiki/FLOSS">http://geekfeminism.wikia.com/wiki/FLOSS</a>.</li>
<li>Graham, Mark, Ralph K. Straumann, and Bernie Hogan. 2015. “Digital Divisions of Labor and Informational Magnetism: Mapping Participation in Wikipedia.” <i>Annals of the Association of American Geographers</i> 105 (6): 1158–78. doi:<a href="https://doi.org/10.1080/00045608.2015.1072791"><b>10.1080/00045608.2015.1072791</b></a>.</li>
<li>Prakash, Pranesh. 2016a. “CIS Statement at ICANN 49’s Public Forum.” <i>The Centre for Internet and Society</i>. Accessed August 20. <a href="http://cis-india.org/internet-governance/blog/icann49-public-forum-statement"><b>http://cis-india.org/internet-governance/blog/icann49-public-forum-statement</b></a>.</li>
<li>Prakash, Pranesh. 2016b. “Technological Protection Measures in the Copyright (Amendment) Bill, 2010.” <i>The Centre for Internet and Society</i>. Accessed August 20. <a href="http://cis-india.org/a2k/blogs/tpm-copyright-amendment"><b>http://cis-india.org/a2k/blogs/tpm-copyright-amendment</b></a>.</li>
<li>Stats, Internet Live. 2016. “Number of Internet Users (2016) - Internet Live Stats.” Accessed August 20. <a href="http://www.internetlivestats.com/internet-users/"><b>http://www.internetlivestats.com/internet-users/</b></a>.</li>
<li>TRAI.. “Recommendations on National Broadband Plan.” Accessed August 20. <a href="http://www.trai.gov.in/WriteReadData/Recommendation/Documents/Rcommendation81210.pdf"><b>http://www.trai.gov.in/WriteReadData/Recommendation/Documents/Rcommendation81210.pdf</b></a>.</li>
<hr />
</ul>
<p style="text-align: justify; "><a href="#_ftnref1" name="_ftn1"><sup><sup>[1]</sup></sup></a><sup> </sup> https://github.com/datactive/bigbang</p>
<p style="text-align: justify; "><a href="#_ftnref2" name="_ftn2"><sup><sup>[2]</sup></sup></a><sup> </sup> https://lists.w3.org/Archives/Public/public-html/</p>
<p style="text-align: justify; "><a href="#_ftnref3" name="_ftn3"><sup><sup>[3]</sup></sup></a><sup> </sup> https://github.com/hargup/eme_diversity_analysis</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/lack-of-representation-of-non-western-world-in-creation-of-web-standards'>https://cis-india.org/a2k/blogs/lack-of-representation-of-non-western-world-in-creation-of-web-standards</a>
</p>
No publisherguptaOpen StandardsAccess to KnowledgeWeb StandardsEncrypted Media ExtensionsOpenness2016-10-20T01:44:41ZBlog EntryHow we celebrated Software Freedom Day
https://cis-india.org/openness/subhashish-panigrahi-mozilla-open-mic-october-6-2016-how-we-celebrated-software-freedom-day
<b>A small group of 6 FOSS contributors from communities such as Mozilla, Wikimedia, Mediawiki, Open Street Map and users of FOSS solutions gathered in Bengaluru to celebrate Software Freedom Day. Subhashish Panigrahi who was a part of the event, reports the developments. </b>
<h3 style="text-align: justify; ">What are FOSS, Free Software, Open Source, and FLOSS?</h3>
<p class="graf-after--p graf--p graf" id="f423" style="text-align: justify; ">Adopted by noted software freedom advocate Richard Stallman in 1983, free software has many names — free and open source software (FOSS or F/OSS), and Free/Libre and Open-Source Software (FLOSS) are umbrella terms that are used to include both free software and open source software. As defined by the<a class="markup--p-anchor markup--anchor" href="https://www.gnu.org/philosophy/free-software-intro.html" rel="nofollow" target="_blank"> Free Software Foundation</a> — one of the early advocates of software freedom — free software allows users to not only use the software with complete freedom, but also study, modify, and distribute the software and any adapted versions, in both commercial and noncommercial form. The distribution of the software for commercial and noncommercial form however depends on the particular license the software is released under. The<a class="markup--p-anchor markup--anchor" href="https://creativecommons.org/share-your-work/licensing-types-examples/" rel="nofollow" target="_blank"> Creative Commons</a> licenses have recommendations for a wide array of<a class="markup--p-anchor markup--anchor" href="https://creativecommons.org/share-your-work/public-domain/freeworks/" rel="nofollow" target="_blank"> free licenses</a> that one can choose for the software-related documentations and any creative work they create. Similarly, there are<a class="markup--p-anchor markup--anchor" href="https://opensource.com/education/16/8/3-copyright-tips-students-and-educators" rel="nofollow" target="_blank"> several different</a> open licenses for software and many other works that are related to software development. “<a class="markup--p-anchor markup--anchor" href="https://en.wikipedia.org/wiki/The_Open_Source_Definition" rel="nofollow" target="_blank">Open Source</a>” was coined as an alternative to free software in 1998 by an educational-advocacy organization<a class="markup--p-anchor markup--anchor" href="https://opensource.org/history" rel="nofollow" target="_blank"> Open Source Initiative.</a> Open source software is generally created collaboratively, made available with its source code, and it provides the user rights to study, change, and distribute the software to anyone and for any purpose.</p>
<p class="graf-after--p graf--p graf" id="09ca" style="text-align: justify; "><a class="markup--p-anchor markup--anchor" href="http://www.softwarefreedomday.org/index.php/about/sponsors" rel="nofollow" target="_blank">Supported</a> by several global organizations like Google, Canonical, Free Software Foundation, Joomla, Creative Commons and Linux Journal, Software Freedom Day draws its inspiration from the philosophy that was grown by people like Richard Stallman who<a class="markup--p-anchor markup--anchor" href="http://www.softwarefreedomday.org/index.php/about/sponsors" rel="nofollow" target="_blank"> argues</a> that free software is all about the freedom and not necessarily free of cost but provides the liberty to users from [proprietary software developers’] unjust power. SFD<a class="markup--p-anchor markup--anchor" href="https://www.fsf.org/blogs/community/its-software-freedom-day" rel="nofollow" target="_blank"> encouraged</a> everyone to gather in their own cities (<a class="markup--p-anchor markup--anchor" href="http://www.softwarefreedomday.org/map/index.php?year=2015" rel="nofollow" target="_blank">map</a> of places where SFD was organized this year) to: educate people around them about free software, promote it on social media (with the hashtag<a class="markup--p-anchor markup--anchor" href="https://twitter.com/search?q=%23SFD2016" rel="nofollow" target="_blank"> #SFD2016</a> this year), hacking with free software, organizing hackathons, running free software installation camps, and even going creative with<a class="markup--p-anchor markup--anchor" href="http://www.htxt.co.za/2015/09/03/flying-freedom-day-gloriously-combines-drones-and-craft-beer/" rel="nofollow" target="_blank"> flying a drone running free software</a>!</p>
<p class="graf-after--p graf--p graf" id="ed8d" style="text-align: justify; ">In South Asia, there were<a class="markup--p-anchor markup--anchor" href="http://wiki.softwarefreedomday.org/2016/India" rel="nofollow" target="_blank"> 13 celebratory events in India</a>,<a class="markup--p-anchor markup--anchor" href="http://wiki.softwarefreedomday.org/2016/Nepal?highlight=%28%5CbCategoryCountry2016%5Cb%29" rel="nofollow" target="_blank"> 8 in Nepal</a>,<a class="markup--p-anchor markup--anchor" href="http://wiki.softwarefreedomday.org/2016/Bangladesh?highlight=%28%5CbCategoryCountry2016%5Cb%29" rel="nofollow" target="_blank"> 1 in Bangladesh</a> and<a class="markup--p-anchor markup--anchor" href="http://wiki.softwarefreedomday.org/2016/SriLanka?highlight=%28%5CbCategoryCountry2016%5Cb%29" rel="nofollow" target="_blank"> 4 in Sri Lanka</a>.</p>
<p class="graf-after--p graf--p graf" id="f183" style="text-align: justify; ">South Asian countries have seen adoption of both free software and open source software, in both individual and organizational level and by the government. The<a class="markup--p-anchor markup--anchor" href="http://www.fsmi.in/about" rel="nofollow" target="_blank"> Free Software Movement of India</a> was founded in Bengaluru, India in 2010 to act as a national coalition of several regional chapters working for promoting and growing the free software movement in India. The Indian government has<a class="markup--p-anchor markup--anchor" href="https://data.gov.in/about-us" rel="nofollow" target="_blank"> launched</a> the open data portal at<a class="markup--p-anchor markup--anchor" href="http://data.gov.in/" rel="nofollow" target="_blank"> data.gov.in</a>, initiated a<a class="markup--p-anchor markup--anchor" href="http://meity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf" rel="nofollow" target="_blank"> new policy</a> to adopt open source software, and<a class="markup--p-anchor markup--anchor" href="https://opensource.com/government/15/6/indian-government-includes-open-source-rfps" rel="nofollow" target="_blank"> asked</a> vendors to include open source software applications while making requests for proposals. Similarly, there are many free and open source communities and organizations that are operating from the subcontinent also promote free and open source software like<a class="markup--p-anchor markup--anchor" href="http://mozillaindia.org/" rel="nofollow" target="_blank"> Mozilla India</a>,<a class="markup--p-anchor markup--anchor" href="https://meta.wikimedia.org/wiki/Wikimedia_India" rel="nofollow" target="_blank"> Wikimedia India</a>,<a class="markup--p-anchor markup--anchor" href="https://meta.wikimedia.org/wiki/CISA2K" rel="nofollow" target="_blank"> Centre for Internet and Society,</a><a class="markup--p-anchor markup--anchor" href="http://in.okfn.org/about/" rel="nofollow" target="_blank"> Open Knowledge India</a> in India,<a class="markup--p-anchor markup--anchor" href="http://mozillabd.org/" rel="nofollow" target="_blank"> Mozilla Bangladesh</a>,<a class="markup--p-anchor markup--anchor" href="https://meta.wikimedia.org/wiki/Wikimedia_Bangladesh" rel="nofollow" target="_blank"> Wikimedia Bangladesh,</a><a class="markup--p-anchor markup--anchor" href="http://www.bdosn.org/about-bdosn" rel="nofollow" target="_blank"> Bangladesh Open Source Network</a>,<a class="markup--p-anchor markup--anchor" href="https://okfn.org/network/bangladesh/" rel="nofollow" target="_blank"> Open Knowledge Bangladesh</a> in Bangladesh,<a class="markup--p-anchor markup--anchor" href="https://wiki.mozilla.org/Nepal" rel="nofollow" target="_blank"> Mozilla Nepal</a>,<a class="markup--p-anchor markup--anchor" href="https://meta.wikimedia.org/wiki/Wikimedia_Nepal" rel="nofollow" target="_blank"> Wikimedians of Nepal</a> and<a class="markup--p-anchor markup--anchor" href="http://np.okfn.org/about/" rel="nofollow" target="_blank"> Open Knowledge Nepal</a> in Nepal,<a class="markup--p-anchor markup--anchor" href="https://meta.wikimedia.org/wiki/Wikimedia_Community_User_Group_Pakistan" rel="nofollow" target="_blank"> Wikimedia Community User Group Pakistan</a> in Pakistan,<a class="markup--p-anchor markup--anchor" href="http://www.opensource.lk/" rel="nofollow" target="_blank"> Lanka Software Foundation</a> in Sri Lanka.</p>
<p class="graf-after--p graf--p graf" id="920a" style="text-align: justify; ">We promote open source and open web technologies in the country. We are open to associate/work with existing open source or other community-run, public benefit organizations.</p>
<p class="graf-after--p graf--startsWithDoubleQuote graf--p graf" id="54aa" style="text-align: justify; ">“Internet By The People, Internet For The People” (from<a class="markup--p-anchor markup--anchor" href="https://wiki.mozilla.org/India#Objectives" rel="nofollow" target="_blank"> Mozilla India wiki</a>)</p>
<p class="graf-after--p graf--p graf" id="5c8d" style="text-align: justify; ">Mohammad Jahangir Alam, a lecturer from Southern University Bangladesh argues in a<a class="markup--p-anchor markup--anchor" href="http://research.ijcaonline.org/volume42/number18/pxc3878099.pdf" rel="nofollow" target="_blank"> research paper</a> that the use of open source software can help the government save enormous amount of money that are spent in purchasing proprietary software,</p>
<p class="graf-after--p graf--p graf" id="a9f7" style="text-align: justify; ">A Large amount of money of government can be saved if the government uses open source software in different IT sectors of government offices and others sectors, Because government is providing computer to all educational institute from school to university level and they are using proprietary software. For this reason government is to expend a large amount of many* for buying proprietary software to run the computers. Another one is government paying significant amount of money to the different vendors for buying different types of software to implement e-Governance project. So, the Government can use open source software for implanting projects to minimize cost of the projects.</p>
<p class="graf-after--p graf--p graf" id="9577" style="text-align: justify; ">This year, a small group of six of us gathered to celebrate SFD in Bengaluru. The group consisted of FOSS contributors from communities such as Mozilla, Wikimedia, Mediawiki, Open Street Map (OSM), and users of FOSS solutions. Each participant shared their own stories of how they got connected with FOSS and what component it plays in their day-to-day life — from how a father tries to introduce his son to open source software while migrating from proprietary to open source back and forth as his job demands so, to an OSM contributor who truly believes that large scale contributions to open source can make the software as robust as proprietary ones and even better because of the freedom that lie in it. The participants bounced both technical and philosophical questions to each other to gauge the actual usage of FOSS in real life, and how as a society we are moving towards adopting openness. There is a great disconnect in communicating widely about the work that many Indian FOSS and other free knowledge communities are doing, agreed all the participants. So they planned to meet more regularly and try to connect more people using social media and chat groups so that these interactions shape into an annual event to bring all open communities under one roof.</p>
<hr />
<p>The blog post which was originally published by Mozilla Open Mic on October 6 can be <a class="external-link" href="https://medium.com/mozilla-open-mic/how-we-celebrated-software-freedom-day-cae98c2cce06#.47ejlrf8x">accessed here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/openness/subhashish-panigrahi-mozilla-open-mic-october-6-2016-how-we-celebrated-software-freedom-day'>https://cis-india.org/openness/subhashish-panigrahi-mozilla-open-mic-october-6-2016-how-we-celebrated-software-freedom-day</a>
</p>
No publishersubhaOpen StandardsOpennessFOSS2016-10-07T02:02:18ZBlog EntrySoftware Freedom Day: The Importance of Free and Open Source Software
https://cis-india.org/openness/dna-september-17-2016-subhashish-panigrahi-software-freedom-day-importance-of-free-and-open-source-software
<b>Software Freedom Day (SFD) on September 17 celebrates the liberty that free and open software and the philosophy of freedom brings into people’s lives. When SFD was started in 2004, only 12 teams from different places joined. It grew to a whooping 1000 by 2010 across the world. Explaining the aim of the celebration, SFD’s official website says,</b>
<p style="text-align: justify; ">The article was <a class="external-link" href="http://www.dnaindia.com/scitech/column-software-freedom-day-the-importance-of-free-and-open-source-software-2256118">published by DNA</a> on September 17, 2016.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; "><i>Our goal in this celebration is to educate the worldwide public about the benefits of using high quality FOSS in education, in government, at home, and in business — in short, everywhere! The non-profit organisation Software Freedom International coordinates SFD at a global level, providing support, giveaways and a point of collaboration, but volunteer teams around the world organise the local SFD events to impact their own communities</i>.</p>
<p style="text-align: justify; "><b>What are FOSS, Free Software, Open Source, and FLOSS?</b></p>
<p style="text-align: justify; ">Free and open source software (FOSS or F/OSS), and Free/Libre and Open-Source Software (FLOSS) are umbrella terms that are used to include both Free software and open source software. Adopted by noted software freedom advocate Richard Stallman in 1983, the free software has many names — libre software, freedom-respecting software and software libre are some of them. As defined by the <a href="https://www.gnu.org/philosophy/free-software-intro.html" rel="nofollow" target="_blank">Free Software Foundation</a>, one of the early advocates of software freedom, free software allows users not just to use the software with complete freedom, but to study, modify, and distribute the software and any adapted versions, in both commercial and noncommercial form. The distribution of the software for commercial and noncommercial form however depends on the particular license the software is released under. The <a href="https://creativecommons.org/share-your-work/licensing-types-examples/" rel="nofollow" target="_blank">Creative Commons</a> licenses have recommendations for a wide array of <a href="https://creativecommons.org/share-your-work/public-domain/freeworks/" rel="nofollow" target="_blank">free licenses</a> that one can choose for software-related documentations and any creative work they create. Similarly, there are <a href="https://opensource.com/education/16/8/3-copyright-tips-students-and-educators" rel="nofollow" target="_blank">several different </a>open licenses for software and many other works that are related to software development. “<a href="https://en.wikipedia.org/wiki/The_Open_Source_Definition" rel="nofollow" target="_blank">Open Source</a>” was coined as an alternative to free software in 1998 by educational-advocacy organisation <a href="https://opensource.org/history" rel="nofollow" target="_blank">Open Source Initiative</a>. Open source software is generally created collaboratively, made available with its source code, and it provides the user rights to study, change, and distribute the software to anyone and for any purpose.</p>
<p style="text-align: justify; ">Supported by several global organisations like Google, Canonical, Free Software Foundation, Joomla, Creative Commons and Linux Journal, Software Freedom Day draws its inspiration from the philosophy that was grown by people like Richard Stallman who argues that free software is all about the freedom and not necessarily free of cost, but it provides the liberty to users from [proprietary software developers’] unjust power. SFD encourages everyone to gather in their own cities, educate people around them about free software, promote on social media (with the hashtag <a href="https://mobile.twitter.com/search?q=%23SFD2016" rel="nofollow" target="_blank">#SFD2016</a> this year), even hacking with free software, organising hackathons, running free software installation camps, and even going creative with flying a drone running free software!</p>
<p style="text-align: justify; ">From South Asia, there are <a href="http://wiki.softwarefreedomday.org/2016/India" rel="nofollow" target="_blank">13 celebratory events in India</a>, <a href="http://wiki.softwarefreedomday.org/2016/Nepal?highlight=%28%5CbCategoryCountry2016%5Cb%29" rel="nofollow" target="_blank">8 in Nepal</a>, <a href="http://wiki.softwarefreedomday.org/2016/Bangladesh?highlight=%28%5CbCategoryCountry2016%5Cb%29" rel="nofollow" target="_blank">1 in Bangladesh</a> and <a href="http://wiki.softwarefreedomday.org/2016/Sri%20Lanka?highlight=%28%5CbCategoryCountry2016%5Cb%29" rel="nofollow" target="_blank">4 in Sri Lanka</a>.</p>
<p style="text-align: justify; ">South Asian countries have seen adoption of both free software and open source software, in both individual and organisational level and by the government. The <a href="http://www.fsmi.in/about" rel="nofollow" target="_blank">Free Software Movement of India</a> was founded in Bengaluru, India in 2010 to act as a national coalition of several regional chapters working for promoting and growing the free software movement in India. The Indian government has launched an open data portal at data.gov.in portal, initiated a new policy to adopt open source software, and <a href="https://opensource.com/government/15/6/indian-government-includes-open-source-rfps" rel="nofollow" target="_blank">asked</a> vendors to include open source software applications while making requests for proposals. Similarly, several free and open source communities and organisations like Mozilla India, Wikimedia India, Centre for Internet and Society, Open Knowledge India in India, Mozilla Bangladesh, Wikimedia Bangladesh, Bangladesh Open Source Network, Open Knowledge Bangladesh in Bangladesh, Mozilla Nepal, Wikimedians of Nepal and Open Knowledge Nepal in Nepal, Wikimedia Community User Group Pakistan in Pakistan, Lanka Software Foundation in Sri Lanka, that are operating from the subcontinent also promote free and open source software.</p>
<p style="text-align: justify; ">We promote open source and open Web technologies in the country. We are open to associate/work with existing open source or other community-run, public benefit organisations.</p>
<p style="text-align: justify; ">“Internet By The People, Internet For The People” (from <a href="https://wiki.mozilla.org/India#Objectives" rel="nofollow" target="_blank">Mozilla India wiki</a>)</p>
<p style="text-align: justify; ">Mohammad Jahangir Alam, a lecturer from Southern University Bangladesh argues in a <a href="http://research.ijcaonline.org/volume42/number18/pxc3878099.pdf" rel="nofollow" target="_blank">research paper</a> that the use of open source software can help the government save enormous amount of money spent in purchasing proprietary software.</p>
<p style="text-align: justify; "><i>A large amount of money of the government can be saved if it uses open source software in different IT sectors of government offices and others sectors, because government is providing computers to all educational institutes from school to university level and they are using proprietary software. For this reason government is to expend a large amount of many for buying proprietary software to run the computers. Another one is government paying significant amount of money to the different vendors for buying different types of software to implement e-Governance project. So, the government can use open source software for implanting projects to minimize cost of the projects</i>.</p>
<p>
For more details visit <a href='https://cis-india.org/openness/dna-september-17-2016-subhashish-panigrahi-software-freedom-day-importance-of-free-and-open-source-software'>https://cis-india.org/openness/dna-september-17-2016-subhashish-panigrahi-software-freedom-day-importance-of-free-and-open-source-software</a>
</p>
No publishersubhaOpen StandardsOpennessFOSSAccess to Knowledge2016-09-18T03:46:29ZBlog Entryସଫ୍ଟଓଏର ସ୍ୱାଧୀନତା ଦିବସ: ଆମ ହାତେ ଆମ କୋଡ଼ ଲେଖିବା
https://cis-india.org/openness/software-freedom-day
<b>Software Freedom Day (SFD), which celebrates the use of free and open software, was celebrated in many cities today. The piece sheds light on the philosophy of software freedom, and how free and open source software is making a significant social change. I have also shared how anyone can contribute to the FOSS movement in different ways and celebrate SFD.</b>
<p>The blog post was mirrored in <a class="external-link" href="https://odia.yourstory.com/read/b3b56fd08a/-?c=16">Your Story</a>, <a class="external-link" href="http://www.odishastory.com/odia/2016/09/software-freedom/">Odisha Story</a> and <a class="external-link" href="http://aajiraodisha.org/software-freedom/">Aajira Odisha</a> on September 17, 2016. The originally published piece can be <a class="external-link" href="http://psubhashish.com/post/150524560200/sfd">accessed here</a>.</p>
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<p>ଫ୍ରି ଓ ଓପନ ସୋର୍ସ ସଫ୍ଟଓଏର ପଛରେ ଥିବା ସାମାଜିକ ଆବଶ୍ୟକତା ଓ ପ୍ରତିଟି ବ୍ୟବହାରୀଙ୍କୁ ସଫ୍ଟଓଏର ବ୍ୟବହାର, ବଦଳ ଓ ବାଣ୍ଟିବାର ସୁଯୋଗ ଦେବା ଉଦ୍ଦେଶ୍ୟରେ ପାଳିତ ସଫ୍ଟଓଏର ସ୍ୱାଧୀନତା ଦିବସ ।</p>
<p style="text-align: justify; "><a href="http://t.umblr.com/redirect?z=https%3A%2F%2For.wikipedia.org%2Fwiki%2F%25E0%25AC%25B8%25E0%25AC%25AB%25E0%25AD%258D%25E0%25AC%259F%25E0%25AD%25B1%25E0%25AD%2587%25E0%25AC%25B0&t=MGEyZDliNWFkMTM2YTUyNjUyN2VkOWVkMzlmYzBlYjUyZTE5ZDQ3MSxtOFE1Q3pwMw%3D%3D">ସଫ୍ଟଓଏର </a>ଶବ୍ଦଟି ବୋଧେ ଆଉ କାହାରି ପାଇଁ ଅଜଣା ଅଶୁଣା ନୁହେଁ । ଆପଣଙ୍କ ମୋବାଇଲ ଫୋନରୁ କମ୍ପୁଟରଯାଏ ଓ ଏବେ ଏକ ସ୍ଥାନରେ ନ ଥାଇ ସେଠାରେ ଥିବା ଭଳି ଅନୁଭବିବା ପାଇଁ ବ୍ୟବହୃତ <a href="http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FVirtual_reality&t=NWI3ZTNhNThmZGRjMjc2MWVkNjU0OTE3N2EwNmYyM2E5OTZhOGZjYSxtOFE1Q3pwMw%3D%3D">ଭର୍ଚୁଆଲ ରିଆଲିଟି</a> ଓ <a href="http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FAugmented_reality&t=NDQ0OTRhYTM0YWVhYWExNTI2ZjQ3ODlmNjY3NmIyN2M3N2IzZWU1ZixtOFE1Q3pwMw%3D%3D">ଅଗମେଣ୍ଟେଡ଼ ରିଆଲିଟି </a>ହେଡ଼ସେଟରେ ହାର୍ଡ଼ଓଏର ବା ଯାନ୍ତ୍ରିକ ଉପକରଣକୁ ସଠିକ ଭାବେ ପରିଚଳାନା କରିବା ହେଉଛି ସଫ୍ଟଓଏରର କାମ । ଆଉ ସଫ୍ଟଓଏରରେ ଟିକେ ଗୋଳମାଳ ହେଲେ କେବେ <a href="http://t.umblr.com/redirect?z=http%3A%2F%2Fwww.howtogeek.com%2F163452%2Feverything-you-need-to-know-about-the-blue-screen-of-death%2F&t=Yzc1NWI1MjU5MmE5NmZjZTNlMmRkMjE2ODg4ZDM5YzU0MWI0Y2IyOSxtOFE1Q3pwMw%3D%3D">କମ୍ପୁଟରର ସ୍କ୍ରିନ ନେଳି </a>ପଡ଼ିଯାଏ ତ ପୁଣି କେବେ କେବେ ମୋବାଇଲରେ ଠିକଣା ଜାଗାରେ ଯେତେ ଦବେଇଲେ ବି କାମକରେନା । ତେବେ ଉଣାଅଧିକ ସାଧାରଣ ଲୋକେ ସଫ୍ଟଓଏରରେ ସ୍ୱାଧୀନତା ଆଉ ତାଙ୍କ ଜୀବନ ପାଇଁ ତା’ର ଭୂମିକା ବାବଦରେ କେବେ ଶୁଣିନଥିବେ । ଆଉ ଏଇଟି ସତରେ ଏକ ଅନାଲୋଚିତ ବିଷୟ । ତେବେ ଏ ବିଷୟକୁ ବୁଝିବା ଆଗରୁ ଆମ ଚଳନ୍ତି ସମାଜର କିଛି ଉଦାହରଣ ଆଡ଼େ ଆସନ୍ତୁ ଆଖିପକେଇବା । ଦିନ ଥିଲା ଆପଣ ରେଡ଼ିଓରୁ ଆକାଶବାଣୀ ଲଗେଇ ଗୀତ, ଖବର, ନାଟକ ଆଦି ଶୁଣୁଥିଲେ । ହେଲେ କେବେ ଆକାଶବାଣୀ ଆପଣଙ୍କ ପାହୁଲାଟିଏ ମାଗିଥିଲା କି ନାଁ ଆପଣ ଭଲ ଭଲ ପ୍ରୋଗ୍ରାମ ଆସୁଛି ବୋଲି ଖୁସିରେ କେବେ କିଛି ଦେଇଥିଲେ? କିନ୍ତୁ ଆପଣଙ୍କ ଅଜାଣତରେ ଆପଣ ସତରେ କିଛି ଦେଇଛନ୍ତି । ତା’ ହେଉଛି ଟିକସ । ଆପଣ ଛୋଟରୁ ବଡ଼ ଯାଏ ଯାହା କିଣୁଛନ୍ତି ପ୍ରାୟ ସବୁ ଜିନିଷରେ ଟିକସ ଦିଅନ୍ତି ଆଉ ଚାକିରି କି ଅନ୍ୟ ଉପାୟରେ ପଇସା ଅରଜୁଥିଲେ ବର୍ଷ ଶେଷକୁ ଇନକମ ଟିକସ ବି ଦିଅନ୍ତି । ଏସବୁ ସରକାରଙ୍କ କାମରେ ଲାଗେ । ତେଣୁ ଆକାଶବାଣୀର ରେଡ଼ିଓ ପ୍ରୋଗ୍ରାମ ହେଉ କି ମୋଦିଙ୍କ ବିଦେଶ ବୁଲା ହେଉ ସବୁ ଆପଣଙ୍କ ପଇସାରେ ହିଁ ହେଉଛି । ସରକାରୀ ଓ ବେସରକାରୀ ଉଭୟ ସ୍ଥାନରେ ଏଇ ଏକା ଜିନିଷ । ତେବେ ସଫ୍ଟଓଏର କ୍ଷେତ୍ରରେ ବି ଏଇ ଏକା ଅବସ୍ଥା । ସାଧାରଣରେ ଜଣାଶୁଣା ମାଇକ୍ରୋସଫ୍ଟର ଉଇଣ୍ଡୋଜ ଅପରେଟିଂ ସିଷ୍ଟମ ପାଇଁ କେତେ ପଇସା ନିଜ ଅଜାଣତରେ ଦେଉଛନ୍ତି ତାହା ନୂଆ ଲାପଟପ କିଣିଲାବେଳକୁ କେବେ ଗଣିନଥିବେ । କିନ୍ତୁ ସେଇଟି ଜମାରୁ ମାଗଣା ଆସିନଥାଏ । ସଫ୍ଟଓଏରଟିଏ ଏକ ବା ଅନେକ ଉଚ୍ଚସ୍ତରର ନିର୍ଦ୍ଦିଷ୍ଟ କାମ କରୁଥିବା ବେଳେ ଏକ କମ୍ପୁଟର କି ମୋବାଇଲର ସାମଗ୍ରୀକ ହାର୍ଡ଼ଓଏର ବା ଯନ୍ତ୍ରପାତି ଓ ସଫ୍ଟଓଏର ସବୁକୁ ପରିଚାଳନା ପାଇଁ ଅପରେଟିଂ ସିଷ୍ଟମ ବ୍ୟବହାର କରାଯାଏ । ବିଭିନ୍ନ ଅପରେଟିଂ ସିଷ୍ଟମ ଓ ସଫ୍ଟଓଏର ଭିନ୍ନଭିନ୍ନ ଉପାୟରେ ତିଆରି ହୁଏ । କେବେ ଏସବୁ ମାଇକ୍ରୋସଫ୍ଟ କି ଆପଲ ଭଳି ବଡ଼ ବଡ଼ କମ୍ପାନି ତିଆରି କରି ବିକନ୍ତି ତ କେବେ କେବେ ବ୍ୟକ୍ତିବିଶେଷ ବା ଛୋଟ ବଡ଼ ସଂଗଠନ ମଧ୍ୟ ବିକନ୍ତି । କିନ୍ତୁ ଏସବୁ ବାଦେ ଆଉ ଏକ ଧରଣର ସଫ୍ଟଓଏର ଗଢ଼ାଳି ବ୍ୟକ୍ତିବିଶେଷ-ସଂଗଠନ-କମ୍ପାନି ମଧ୍ୟ ଅଛନ୍ତି । ସେମାନେ ସଫ୍ଟଓଏର ତିଆରି କରି ଖାଲି ବଜାରରେ ଛାଡ଼ନ୍ତି ନାହିଁ ବରଂ ସେ ସଫ୍ଟଓଏରର <a href="http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FSource_code&t=YjU1NjY2NTlkZTE3NmNiZDg3ODE3NzkzOTQxY2ZmYjdmNGI4M2Q2OCxtOFE1Q3pwMw%3D%3D">ସୋର୍ସ କୋଡ଼ </a>ମଧ୍ୟ ଛାଡ଼ନ୍ତି । ଅର୍ଥାତ ଗଣିତ କଷି ଫଳାଫଳ ସଙ୍ଗେ କିପରି କଷିଲେ ସୋପାନ ତଳକୁ ସୋପାନ ଲେଖି ବୁଝାଇଦିଅନ୍ତି । ଫଳରେ ଆଉ କେହି ସେହି ସଫ୍ଟଓଏରରେ କିଛି ବଦଳ କରିବାକୁ ଚାହିଁଲେ କିମ୍ବା ପୁରୁଣା ସଫ୍ଟଓଏରରେ କିଛି ନୂଆ ଯୋଡ଼ି ଉନ୍ନତ କରିବାକୁ ଚାହିଁଲେ ତାଙ୍କୁ ସେଥିରେ କେହି ବାଧା ଦେବେନାହିଁ । କିନ୍ତୁ ନୂଆ ଫଳାଫଳ ବା ସଫ୍ଟଓଏରଟି ବଜାରରେ ଛାଡ଼ିଲା ବେଳେ ତାଙ୍କୁ ମୂଳ ଗଢ଼ାଳିଙ୍କୁ ଉପଯୁକ୍ତ ଶ୍ରେୟ ଦେବାକୁ ପଡ଼ିବ । ଧରନ୍ତୁ ଆପଣ ଚନ୍ଦକାରୁ କଲରାପତରିଆ ବାଘର ଖୋଳ ଆଣି ତାକୁ ଧଳା ରଙ୍ଗ ମାରି ଧଳା ବାଘ କଲେ । ଆପଣଙ୍କୁ ସେ ଧଳା ବାଘକୁ ଶିମିଳିପାଳରେ ଛାଡ଼ିଲା ବେଳେ ଚନ୍ଦକାରୁ ମୂଳ କଲରାପତରିଆ ବାଘ ଆଣିଥିଲେ ବୋଲି ଉଲ୍ଲେଖ କରିବାକୁ ପଡ଼ିବ । ମଜା କଥା ହେଉଛି ଏଭଳି ନିଆରା ଧାରା ଆମ ସମାଜରେ ଜମାରୁ ନୂଆ ନୁହେଁ । ଅକ୍ଷୟ ମହାନ୍ତି ସାଲବେଗଙ୍କ ଲିଖିତ ପୁରୁଣା ଗୀତକୁ ଆଉଥରେ ବୋଲିବା ପରେ ସେ ହଜିଲା ଗୀତସବୁ ଲୋକତୁଣ୍ଡରେ ଆହୁରି ଜଣାଶୁଣା ହେଲା । ହେଲେ ଅକ୍ଷୟ ମହାନ୍ତି ଗୀତର ଗାୟକ ଓ ସଙ୍ଗୀତ ନିର୍ଦ୍ଦେଶକ ଭାବେ ନାଁ ନେଲା ବେଳେ ସାଲବେଗଙ୍କ ରଚନାରୁ ବୋଲି ଲେଖିବାରେ ଉଣା କରିନାହାନ୍ତି ।</p>
<p style="text-align: justify; ">ଏହି ଧାରା ଆମ ସମାଜରେ ସବୁକାଳେ ସବୁସ୍ଥଳେ ରହିଛି । ହେଲେ ଆଧୁନିକ ସମାଜରେ ଅନେକ ଲାଭଖୋର କମ୍ପାନି ନିଜ ଲାଭ ଲାଗି ଏ ସାମାଜିକ ଚଳଣିଟିକୁ ପାଶୋରି ପକାଇଛନ୍ତି । ମାଇକ୍ରୋସଫ୍ଟରୁ ଆରମ୍ଭ କରି ଆକୃତି, ଅପ୍ରାନ୍ତ ଯାଏ ପ୍ରାୟ ଅଧିକାଂଶ ସାଧାରଣରେ ବ୍ୟବହାର ହେଉଥିବା ସଫ୍ଟଓଏର ହେଉଛି <a href="http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FProprietary_software&t=NmQ5NGVjNzU0MDYxYzkzOGI3YzQ1MGQ5NTRiMzJmMjlmNWE3ZDBkOCxtOFE1Q3pwMw%3D%3D">ପ୍ରୋପ୍ରାଇଟରି </a>ବା ପୂରା ନିବୁଜ । ମାନେ ଆପଣ କେବଳ କିଣି ବ୍ୟବହାର କରିପାରିବେ କିନ୍ତୁ ବାଣ୍ଟିପାରିବେ ନାହିଁ କି କୌଣସି ବଦଳ କରିପାରିବେ ନାହିଁ । କଲେ ଆପଣଙ୍କ ବିରୋଧରେ କୋର୍ଟରେ ଉକ୍ତ କମ୍ପାନିମାନେ କେସ କରି ତଳିତଳାନ୍ତ ମଧ୍ୟ କରିପାରିବେ । ଏ କପିରାଇଟର ଫାନ୍ଦ ଏଡ଼େ କୁଟିଳ ଯେ ସଫ୍ଟଓଏର ତିଆରି କରିଥିବା କମ୍ପାନିମାନେ ସବୁକାଳେ ତାଙ୍କର ମନୋମୁଖୀ ପତିଆରା ରଖିପାରିବେ । ଏଣୁ ଥୋକେ ଭାବିଲେ ବଡ଼ ବଡ଼ ଧନୀ କମ୍ପାନିମାନଙ୍କର ଏ ଗୁମାନ ସେମିତି ଥାଉ । ଆମେ ଚାଲ ବିକଳ୍ପ ଓ ଉଚ୍ଚମାନର କିଛି ସଫ୍ଟଓଏର ତିଆରିବା । ଲୋକ ସ୍ୱାଧୀନ । ଯାହାକୁ ଯାହା ରସିବ ତାକୁ ସେ କିଆଫୁଲ ପରି ବାସୁ । ଆଉ ଏ ଥିଲା ଏକ ସାମାଜିକ ଆବଶ୍ୟକତା । ବିକଳ୍ପ ବାଟଟି ହେଲା ସଫ୍ଟଓଏରର ସ୍ୱାଧୀନତା । ଏଥିରେ କୌଣସି ସଫ୍ଟଓଏର ଗଢ଼ିଥିବା ମୂଳ ଗଢ଼ାଳି ଓ ତା’ ପରେ ସେଥିରେ ଯୋଗଦାନ କରିଥିବା ସଭିଙ୍କୁ ସମାନ ଭାବେ ସମ୍ମାନ ଦେଇ ଯୋଗଦାନକାରୀ ଭାବେ ସେମାନଙ୍କ ନାମ ଉଲ୍ଲେଖ କରାଯାଇଥାଏ । ଖାଲି ନାଁ ନୁହେଁ ଅନେକ ସମୟରେ ଖୋଲା ସଫ୍ଟଓଏର ସଙ୍ଗେ ଜଡ଼ିତ ବ୍ୟକ୍ତିବିଶେଷ ଓ ସଂଗଠନସବୁ ଏମିତି ଆଖିଖୋସିଲା ଭଳି କାମ କରନ୍ତି ଯେ କିଣା ଆଉ ବୁଜା ସଫ୍ଟଓଏର କିଣିବାରୁ କି ବ୍ୟବହାର କରିବାରୁ ମନ ମରିଯିବ । ତିନି ବର୍ଷ ତଳେ Firefox ବ୍ରାଉଜର ତିଆରିରେ ଭାଗନେଇଥିବା Mozillaର ସ୍ୱେଚ୍ଛାସେବୀ ଯୋଗଦାନକାରୀମାନଙ୍କୁ ସମ୍ମାନ ଜଣାଇ ଆମେରିକାର ସାନ ଫ୍ରାନସିସ୍କୋ ସହରରେ ଏକ <a href="http://t.umblr.com/redirect?z=https%3A%2F%2Fwiki.mozilla.org%2FMonument&t=ZTI1ZDNhYjdlMmFjYWI0ODVhMWMxYjU3ODc3MDEwYjdjNGU2M2Y5ZixtOFE1Q3pwMw%3D%3D">ବିଶାଳ ସ୍ମାରକୀ</a> ଗଢ଼ି ସେଥିରେ ସମସ୍ତଙ୍କ ନାମ ଲେଖାଯାଇଥିଲା । ଭାବନ୍ତୁ ଏ ପ୍ରକଳ୍ପରେ ସାମାନ୍ୟତମ ଯୋଗଦାନ କରିଥିବା ଲୋକଟିର ନାଁ ବି ଇତିହାସରେ ଲେଖାହୋଇ ରହିଗଲା । ୨୦୦୧ ମସିହାରେ ଇଂରାଜୀ ଓ ତା’ ପରେ ଓଡ଼ିଆ ସମେତ ବାକି ବିଶ୍ୱଭାଷାରେ ଇଣ୍ଟରନେଟରେ ତିଆରି ଖୋଲା ଜ୍ଞାନକୋଷ <a href="http://t.umblr.com/redirect?z=https%3A%2F%2For.wikipedia.org%2Fwiki%2F%25E0%25AC%2593%25E0%25AC%25A1%25E0%25AC%25BC%25E0%25AC%25BF%25E0%25AC%2586_%25E0%25AC%2589%25E0%25AC%2587%25E0%25AC%2595%25E0%25AC%25BF%25E0%25AC%25AA%25E0%25AC%25BF%25E0%25AC%25A1%25E0%25AC%25BC%25E0%25AC%25BF%25E0%25AC%2586&t=YWE1N2E5ZDlhNDU5NTY2MzM2ZjIwOTQ4NzkyNTQwOWI4OWZiNDkzOCxtOFE1Q3pwMw%3D%3D">ଉଇକିପିଡ଼ିଆର</a> ଇତିହାସ ବି ଏମିତି । ଏହି ଉଇକିପିଡ଼ିଆ ୱେବସାଇଟଗୁଡ଼ିକ <a href="http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FMediaWiki&t=MDZhOGJhMjRlY2I4YzlkMmYwNWYzMGM5OTliMWRkNDAwNDA1NTZkZSxtOFE1Q3pwMw%3D%3D">ମିଡ଼ିଆଉଇକି</a> ନାମକ ଖୋଲା ସଫ୍ଟଓଏରରେ ତିଆରି । ଆଉ ସେଇ ଏକା ସଫ୍ଟଓଏରକୁ ନିଜ ଆବଶ୍ୟକତା ଅନୁସାରେ ବଦଳାଇ ଉଇକିଲିକ୍ସ ଓ ଉଇକିଟ୍ରାଭେଲ ଭଳି ଅଲଗା ଅଲଗା ୱେବସାଇଟ ଆଜି ଚାଳିତ ।</p>
<p>ତେବେ ଅନେକେ ଭାବୁଥିବେ ଯେ ଏ <a href="http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FFree_software&t=MzBmMWZkOGNiMDM1ZDVlYTM5YmIyNDhmMmQxMDA2M2MzN2QyZDZkMyxtOFE1Q3pwMw%3D%3D">ଫ୍ରି ସଫ୍ଟଓଏର</a> କଣ ସବୁବେଳେ ମାଗଣା? ସଫ୍ଟଓଏର ସ୍ୱାଧୀନତା କ୍ଷେତ୍ରରେ ଗତ କେଇ ଦଶନ୍ଧି ଧରି କାମ କରି ଏ ଆନ୍ଦୋଳନକୁ ବହୁ ଆଗକୁ ନେଇଥିବା <a href="http://t.umblr.com/redirect?z=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FRichard_Stallman&t=MDc2MGQxYjJiYzVhMDNiYTM1MDFiZThiOThlZWU3ZDU4NTEwNDY5NixtOFE1Q3pwMw%3D%3D">ରିଚାର୍ଡ଼ ଷ୍ଟଲମ୍ୟାନ</a> ଖୁବ ସହଜ ଓ ସରଳ ଢଙ୍ଗରେ ଏ ବିଷୟଟି <a href="http://t.umblr.com/redirect?z=https%3A%2F%2Fwww.gnu.org%2Fphilosophy%2Fopen-source-misses-the-point.en.html&t=YWY5NDEzNTEyODc5NjYwMTMxYmFkNzA0MjU1NzEwOWUzNjExZmEzNSxtOFE1Q3pwMw%3D%3D">ବୁଝାଇଦିଅନ୍ତି</a> ।</p>
<p>ଫ୍ରି ସଫ୍ଟଓଏର ମାଗଣାରେ ବଣ୍ଟାଯାଇପାରେ ବା କିଛି ଦରରେ ବିକାଯାଇପାରେ । କିନ୍ତୁ ଏଥିରେ ଥିବା “ଫ୍ରି” ମାଗଣା ନୁହେଁ ବରଂ ଖୋଲା ଜ୍ଞାନ ଭଳି “ଫ୍ରିଡ଼ମ” ବା ସ୍ୱାଧୀନତାକୁ ସୂଚାଏ ।</p>
<p style="text-align: justify; ">ତେଣୁ କୌଣସି ସଫ୍ଟଓଏର ବ୍ୟବହାର କରିବା ଆଗରୁ ତା’ର କପିରାଇଟ ବାବଦରେ ସେଥିରେ ଥିବା ନିୟମାବଳୀ ପଢ଼ିଲେ ବୁଝାପଡ଼ିବ ଯେ ତାହା ଏକ ପ୍ରୋପ୍ରାଇଟରି କି ଫ୍ରି ସଫ୍ଟଓଏର । ସ୍ୱାଧୀନତା ମଣିଷର ଜନ୍ମଗତ ଅଧିକାର । ଆଉ ଜ୍ଞାନ ବାଣ୍ଟିବା ଲାଗି । ବାନ୍ଧି ରଖିବା ଲାଗି ନୁହେଁ । କାରଣ କେହି ଜ୍ଞାନ ତିଆରି ନାହିଁ ବରଂ ସଭିଏଁ ଜ୍ଞାନର ନାନାଦି ଭଣ୍ଡାରକୁ ବ୍ୟବହାର କରିବା ପାଇଁ ବାଟ ତିଆରି କରିଥାନ୍ତି । ତେଣୁ ସେ ବାଟରେ ବାଡ଼ କିଆଁ? ନିକଟରେ ସମାଜର ଏହି ପୁରାତନ ଧାରାକୁ ବାହୁଡ଼ି ଯିବା ପାଇଁ ଅନେକ ବ୍ୟକ୍ତିବିଶେଷ, ସଂଗଠନ ଓ ବଡ଼ ବଡ଼ କମ୍ପାନି ଧୀରେ ଧୀରେ ସେମାନେ ତିଆରୁଥିବା ସଫ୍ଟଓଏରର ସୋର୍ସ କୋଡ଼ ଖୋଲାରେ ଦେଲେଣି । ଫଳରେ ସାଧାରଣ ବ୍ୟବହାରକାରୀ ଓ ସଫ୍ଟଓଏର ଗଢ଼ାଳିଙ୍କ ହାତରେ ସ୍ୱାଧୀନ ଭାବେ ସେମାନେ ବ୍ୟବହାର କରୁଥିବା ସଫ୍ଟଓଏରକୁ ନିଜ ଆବଶ୍ୟକ ଅନୁସାରେ ବ୍ୟବହାର କରିପାରିବେ । ଆଉ ସମାଜର ମୌଳିକ ଆବଶ୍ୟକତା ବିଭିନ୍ନତାର ବହୁରଙ୍ଗ ଏଥିରେ ସମୁଜ୍ଜଳେ ଫୁଟିଉଠିବ ।</p>
<p style="text-align: justify; ">ଆମ ସମାଜର ଏହି ବାଣ୍ଟିବାର ଧାରାକୁ ନୂଆ ଟେକନୋଲୋଜି ଯୁଗରେ ଉଜ୍ଜୀବିତ କରିବା ଲକ୍ଷରେ ଜଗତ ସାରା ୨୦୦୪ ମସିହାରୁ ସେପ୍ଟେମ୍ବର ମାସର ତୃତୀୟ ସପ୍ତାହରେ “<a href="http://t.umblr.com/redirect?z=http%3A%2F%2Fsoftwarefreedomday.org%2F&t=YmZiZWNhMmY4ZWJlNjUxMDU3NDliOGE1MDA1NGQ3YTk1ZDk0ZDQwNCxtOFE1Q3pwMw%3D%3D">ସଫ୍ଟଓଏର ଫ୍ରିଡ଼ମ ଡେ</a>” ବା “ସଫ୍ଟଓଏର ସ୍ୱାଧୀନତା ଦିବସ” ପାଳିତ ହୋଇଆସୁଛି । ଏଥିରେ କୌଣସି ନିର୍ଦ୍ଦିଷ୍ଟ ସଫ୍ଟଓଏର ନୁହେଁ ବରଂ ଖୋଲା ସଫ୍ଟଓଏର ପଛରେ ଥିବା ଦାର୍ଶନିକ ଓ ସାମାଜିକ ଦୃଷ୍ଟିକୋଣଟି ସଭିଙ୍କୁ ବୁଝାଇବା ହେଉଛି ମୂଳ ଲକ୍ଷ । ଆଉ ଯେଯାଏ ବଡ଼ କମ୍ପାନି ସାଧାରଣ ଲୋକଙ୍କୁ ସମ୍ପୂର୍ଣ୍ଣ ତଥ୍ୟ ନ ଜଣାଇ କପିରାଇଟ ବଳରେ ବାନ୍ଧି ରଖିଥିବେ ସେଯାଏ ବ୍ୟବହାରୀ ବାପୁଡ଼ା ବା ଜାଣିବ କେମିତି ଏ ଭିତର ଗୁମର? ନିଜ ହାତରେ ନିଜ ଶାସନର ଡୋର ଧରିବା ଯେମିତି ସ୍ୱାଧୀନତା ନିଜ ବ୍ୟବହାରରେ ଲାଗୁଥିବା ସଫ୍ଟଓଏରର ସ୍ୱାଧୀନତା ବି ଏକାଭଳି ପ୍ରତିଟି ବ୍ୟବହାରକାରୀର ଅଧିକାର । ତେଣୁ ଏ ସ୍ୱାଧୀନତା ଦିବସକୁ ସଭିଏଁ ନିଆରା ଢଙ୍ଗରେ ପାଳନ୍ତି । <a href="http://t.umblr.com/redirect?z=http%3A%2F%2Fwww.htxt.co.za%2F2015%2F09%2F03%2Fflying-freedom-day-gloriously-combines-drones-and-craft-beer%2F&t=ZjkyZDkzYTg2MmMxODBjMGQ3YWZlZjVhYjAwMTM0ZGM0NTI5MWY5ZSxtOFE1Q3pwMw%3D%3D">ଆଫ୍ରିକାରେ</a> କିଛି ବର୍ଷ ଆଗରୁ ଫ୍ରି ସଫ୍ଟଓଏର ଚାଳିତ ଏକ ଡ୍ରୋନ ବା ଚାଳକବିହୀନ ପବନଯାନଟିଏ ଛାଡ଼ିଥିଲେ । ଅନେକ ସ୍ଥାନରେ ଲୋକେ ଏକାଠି ହୋଇ ଏ ବାବଦରେ ସଫ୍ଟଓଏର ସ୍ୱାଧୀନତା ବାବଦରେ ଆଲୋଚନା କରନ୍ତି । ଆଉ ପୁଣି କେଉଁଠି ସାଧାରଣ ଲୋକଙ୍କୁ ତାଙ୍କ କମ୍ପୁଟରରେ ଫ୍ରି ସଫ୍ଟଓଏର ଇନଷ୍ଟଲ କରିବା ପାଇଁ କ୍ୟାମ୍ପ କରନ୍ତି । ଫଳରେ ଲୋକେ ନିଜ କମ୍ପୁଟରରେ ମାଇକ୍ରୋସଫ୍ଟର ବିକଳ୍ପ ଓ ଉବଣ୍ଟୁ ଭଳି ଖୋଲା ଲିନକ୍ସ ଅପରେଟିଂ ସିଷ୍ଟମ କିମ୍ବା <a href="http://t.umblr.com/redirect?z=https%3A%2F%2Fwww.mozilla.org%2Fen-US%2Ffirefox%2Fnew%2F%3Futm_medium%3Dreferral%26utm_source%3Dfirefox-com&t=NGZlNzIwNGI0MmU0MjhiMjQ5MjVlZDQ5N2RkMDQxNWJiZDdhNmZjOCxtOFE1Q3pwMw%3D%3D">Mozilla Firefox</a> ଭଳି ବ୍ରାଉଜର ଇନଷ୍ଟଲ କରିପାରିବେ । ସଫ୍ଟଓଏର ସ୍ୱାଧୀନତା ଦିବସର ଚିହ୍ନ ସ୍ୱରୂପର ଲେଖକର ଏ ଲେଖାଟି ମଧ୍ୟ ଏକ ଖୋଲା ଲାଇସେନ୍ସରେ ଆଉ ଶ୍ରେୟ ଦେଇ କେହି ଚାହିଁଲେ ତାହାକୁ ପ୍ରକାଶ କରିପାରିବେ ।</p>
<p>
For more details visit <a href='https://cis-india.org/openness/software-freedom-day'>https://cis-india.org/openness/software-freedom-day</a>
</p>
No publishersubhaOpen StandardsOpennessAccess to Knowledge2016-09-18T03:33:00ZBlog EntryIt's September, and That Means It's Time for Software Freedom Day
https://cis-india.org/openness/global-voices-september-17-2016-subhashish-panigrahi-it-is-september-and-that-means-it-is-time-for-software-freedom-day
<b>Software Freedom Day (SFD), which celebrates the use of free and open software, is just around the corner on September 17. When the day first started in 2004, only 12 teams from different places joined, but it has since grown to include hundreds registered events around the world, depending on the year.</b>
<p>The article was <a class="external-link" href="https://globalvoices.org/2016/09/17/its-september-and-that-means-its-time-for-software-freedom-day/">published by Global Voices</a> on September 17, 2016.</p>
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<p><a href="http://www.softwarefreedomday.org/index.php/about/sponsors">Supported</a> by several global organizations like Google, Canonical, Free Software Foundation, Joomla, Creative Commons and Linux Journal, Software Freedom Day draws its inspiration from the philosophy promoted by people like Richard Stallman who <a href="http://www.softwarefreedomday.org/index.php/about/sponsors">argue</a> that free software is all about the freedom and not necessarily free of cost but provides the liberty to users from proprietary software developers’ power and influence.</p>
<p>SFD <a href="https://www.fsf.org/blogs/community/its-software-freedom-day">encourages</a> everyone to gather in their own cities (here's a <a href="http://www.softwarefreedomday.org/map/index.php?year=2015">map</a> of places where SFD is organized this year), educate people around them about free software, and promote the cause on social media (with the hashtag <a href="https://twitter.com/search?q=%23SFD2016">#SFD2016</a> this year). There's also hackathons (hacking free software to modify the code and create what one wants to have in it), running free software installation camps, and even going creative with <a href="http://www.htxt.co.za/2015/09/03/flying-freedom-day-gloriously-combines-drones-and-craft-beer/">flying a drone running free software</a>.</p>
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<p><b>What are FOSS, free software, open source, and FLOSS?</b></p>
<p style="text-align: justify; ">Free and open source software (FOSS or F/OSS), and free/libre and open-source software (FLOSS) are umbrella terms that are used to include both free software and open source software. Adopted by noted software freedom advocate Richard Stallman in 1983, free software has many names — libre software, freedom-respecting software and software libre are some of them. As defined by the <a href="https://www.gnu.org/philosophy/free-software-intro.html">Free Software Foundation</a>, one of the early advocates of software freedom, free software allows users not just to use the software with complete freedom, but to study, modify, and distribute the software and any adapted versions, in both commercial and noncommercial form.</p>
<p style="text-align: justify; ">The distribution of the software for commercial and noncommercial form, however, depends on the particular license the software is released under. “<a href="https://en.wikipedia.org/wiki/The_Open_Source_Definition">Open source</a>” was coined as an alternative to free software in 1998 by educational-advocacy organization <a href="https://opensource.org/history">Open Source Initiative.</a> Open source software is generally created collaboratively, made available with its source code, and it provides the user rights to study, change, and distribute the software to anyone and for any purpose.</p>
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<p>From South Asia, there are <a href="http://wiki.softwarefreedomday.org/2016/India">13 celebratory events in India</a>, <a href="http://wiki.softwarefreedomday.org/2016/Nepal?highlight=%28%5CbCategoryCountry2016%5Cb%29">eight in Nepal</a>, <a href="http://wiki.softwarefreedomday.org/2016/Bangladesh?highlight=%28%5CbCategoryCountry2016%5Cb%29">one in Bangladesh</a> and <a href="http://wiki.softwarefreedomday.org/2016/Sri%20Lanka?highlight=%28%5CbCategoryCountry2016%5Cb%29">four in Sri Lanka</a>.</p>
<p style="text-align: justify; ">South Asian countries have seen adoption of both free software and open source software by individuals, organizations and the government. The <a href="http://www.fsmi.in/about">Free Software Movement of India</a> was founded in Bengaluru, India, in 2010 to act as a national coalition of several regional chapters working to promote and grow the free software movement in India.</p>
<p style="text-align: justify; ">The Indian government has <a href="https://data.gov.in/about-us">launched</a> an open data portal at <a href="http://data.gov.in">data.gov.in</a> portal for sharing large datasets like the census data under free licenses. The government's <a href="http://meity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf">new policy</a> emphasizes on adopting open source software. Moreover government's Ministry of Communication and Information Technology <a href="https://opensource.com/government/15/6/indian-government-includes-open-source-rfps">asked</a> vendors to include open source software applications while making requests for proposals.</p>
<p style="text-align: justify; ">Similarly, there are several free and open source communities and organizations operating from the subcontinent, like <a href="http://mozillaindia.org/">Mozilla India</a>, <a href="https://meta.wikimedia.org/wiki/Wikimedia_India">Wikimedia India</a>, the <a href="https://meta.wikimedia.org/wiki/CISA2K">Centre for Internet and Society, </a><a href="http://in.okfn.org/about/">Open Knowledge India</a>, <a href="http://mozillabd.org/">Mozilla Bangladesh</a>, <a href="https://meta.wikimedia.org/wiki/Wikimedia_Bangladesh">Wikimedia Bangladesh,</a> <a href="http://www.bdosn.org/about-bdosn">Bangladesh Open Source Network</a>, <a href="https://okfn.org/network/bangladesh/">Open Knowledge Bangladesh</a>, <a href="https://wiki.mozilla.org/Nepal">Mozilla Nepal</a>, <a href="https://meta.wikimedia.org/wiki/Wikimedia_Nepal">Wikimedians of Nepal,</a> <a href="http://np.okfn.org/about/">Open Knowledge Nepal</a>, <a href="https://meta.wikimedia.org/wiki/Wikimedia_Community_User_Group_Pakistan">Wikimedia Community User Group Pakistan</a>, and the <a href="http://www.opensource.lk/">Lanka Software Foundation</a> in Sri Lanka.</p>
<p style="text-align: justify; ">Mohammad Jahangir Alam, a lecturer from Southern University Bangladesh, argues in a <a href="http://research.ijcaonline.org/volume42/number18/pxc3878099.pdf">research paper</a> that the use of open source software can help the government save a enormous amount of money that are spent in purchasing proprietary software:</p>
<blockquote class="quoted" style="text-align: justify; ">A Large amount of money of government can be saved if the government uses open source software in different IT sectors of government offices and others sectors, Because government is providing computer to all educational institute from school to university level and they are using proprietary software. For this reason government is to expend a large amount of many for buying proprietary software to run the computers. Another one is government paying significant amount of money to the different vendors for buying different types of software to implement e-Governance project. So, the Government can use open source software for implanting projects to minimize cost of the projects.</blockquote>
<p>
For more details visit <a href='https://cis-india.org/openness/global-voices-september-17-2016-subhashish-panigrahi-it-is-september-and-that-means-it-is-time-for-software-freedom-day'>https://cis-india.org/openness/global-voices-september-17-2016-subhashish-panigrahi-it-is-september-and-that-means-it-is-time-for-software-freedom-day</a>
</p>
No publishersubhaOpen StandardsAccess to KnowledgeFLOSSOpennessFOSS2016-09-17T15:42:46ZBlog EntryComments on the National Geospatial Policy (Draft, V.1.0), 2016
https://cis-india.org/openness/comments-on-the-national-geospatial-policy-draft-v-1-0-2016
<b>The Department of Science and Technology published the first public draft of the National Geospatial Policy (v.1.0) on May 05, 2016, and invited comments from the public. CIS submitted the following comments in response. The comments were authored by Adya Garg, Anubha Sinha, and Sumandro Chattapadhyay.</b>
<p> </p>
<h2>1. Preliminary</h2>
<p><strong>1.1.</strong> This submission presents comments and recommendations by the Centre for Internet and Society (<strong>"CIS"</strong>) on the proposed draft of the National Geospatial Policy 2016 (<strong>"the draft Policy / the draft NGP"</strong>) <strong>[1]</strong>. This submission is based on Version 1.0 of the draft Policy released by the Department of Science and Technology (<strong>"DST"</strong>) on May 5, 2016.</p>
<p><strong>1.2.</strong> CIS commends the DST under the aegis of the Ministry of Science and Technology, Government of India, for its efforts at seeking inputs from various stakeholders to draft a National Geospatial Policy. CIS is thankful for this opportunity to provide a clause-by-clause submission.</p>
<h2>2. The Centre for Internet and Society</h2>
<p><strong>2.1.</strong> The Centre for Internet and Society, CIS, <strong>[2]</strong> is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfiguration of social processes and structures through the internet and digital media technologies, and vice versa.</p>
<p><strong>2.2.</strong> This submission is consistent with CIS’ commitment to safeguarding general public interest, and the interests and rights of various stakeholders involved. The comments in this submission aim to further the principle of citizens’ right to information, instituting openness-by-default in governmental activities, and the various kinds of public goods that can emerge from greater availability of open (geospatial) data created by both public and private agencies and crucially, by the citizens. The submission is limited to those clauses that most directly have an impact on these principles.</p>
<h2>3. Comments and Recommendations</h2>
<p><em>This section presents comments and recommendations directed at the draft policy as a whole, and in certain places, directed at specific clauses of the draft policy.</em></p>
<p><strong>3.1.</strong> The draft policy should make references to five policies applicable to geospatial data, products, services, and solutions</p>
<p><strong>3.1.1.</strong> CIS observes that the draft policy lists the key policies related to geospatial information and sharing of government data, namely the National Map Policy 2005, the Civil Aviation Requirement 2012, the Remote Sensing Data Policy 2011 and 2012, and the National Data Sharing and Accessibility Policy 2012 (“NDSAP”).</p>
<p><strong>3.1.2.</strong> CIS submits that apart from the policies mentioned above, Geospatial Data,Products, Services and Solutions (“GDPSS”) are also intricately linked to concepts of “open standards,” “open source software,” “open API,” “right to information,” and prohibited places” These concepts are governed by specific acts and policies, and are applicable to geospatial data, as follows:</p>
<ul><li>Adoption of Open Standards: CIS observes that the draft policy captures the importance of open standards in the section 1.4 of the draft policy. It states that “A very high resolution and highly accurate framework to function as a national geospatial standard for all geo-referencing activity through periodically updated National Geospatial Frame [NGF] and National Image Frame [NIF] by ensuring open standards based seamless interoperable geospatial data.”<br /><br />CIS submits that the Policy on Open Standards for e-Governance <strong>[3]</strong> which establishes the Guidelines for usage of open standards to ensure seamless interoperability, and the Implementation Guidelines of the National Data Sharing and Accessibility Policy, 2012 <strong>[4]</strong> listing two key open standards for geospatial data - KML and GML, should be mentioned in the draft policy.<br /><br />CIS recommends that the final version of the NGP embrace open standards as a key principle of all software projects and infrastructures within the purview of the Policy. This is essential for easier sharing and reuse of open (geospatial) data.<br /><br /></li>
<li>Adoption of Open Source Software: The Policy on Adoption of Open Source Software for Government of India states that the “Government of India shall endeavour to adopt Open Source Software in all e-Governance systems implemented by various Government organisations, as a preferred option in comparison to Closed Source Software” <strong>[5]</strong>. As the draft policy proposed to guide the development of GDPSS being developed and implemented both by the Government of India and by other agencies (academic, commercial, and otherwise), it must include an explicit reference and embracing of this mandate for adoption of Open Source Software, for reasons of reducing expenses, avoiding vendor lock-ins, re-usability of software components, enabling public accountability, and greater security of software systems.<br /><br /></li>
<li>Implementation of Open APIs: To actualise the stated principle to “[e]nable promotion, adoption and implementation of emerging / state of the art technologies” as well as to ensure the “[a]vailability of all geospatial data collected through public funded mechanism to all users,” CIS suggests that final version of the NGP must refer to and operationalise the Policy on Open Application Programming Interfaces (APIs) for Government of India <strong>[6]</strong>. This will ensure that the openly available geospatial data is available to the public, as well as to all the government agencies, in a structured digital format that is easy to consume and use on one hand, and is available for various forms of value addition and innovation on the other.<br /><br /></li>
<li>Right to Information Act 2005: The framework for reactive disclosure of information and data collected and held by the Government of India, as well as the basis for proactive disclosure of the same, is enshrined in the Right to Information Act 2005 <strong>[7]</strong>. The draft NGP, CIS proposes, should refer to this Act, and ensure that whenever an Indian citizen request for such government data and/or information that is of geospatial in nature, and the requested data and/or information is both shareable and non-sensitive, the citizen must be provided with the geospatial data and/or information in an open standard and under open license, as applicable.<br /><br /></li>
<li>Refer to Official Secrets Act, 1923: The Official Secrets Act defines “Prohibited Places” and prohibits all activities involving “sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly; or indirectly, useful to an enemy or (c) obtains collects, records or publishes or communicates to any other person any secret official code or password, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy” <strong>[8]</strong>. This provides the fundamental legal basis for regulation, expunging, and stopping circulation of geospatial data containing information about Vulnerable Points and Vulnerable Areas. CIS submits that this Act should be referred to in this context of ensuring non-publication of sensitive geospatial data (that is geospatial data related to Prohibited Places).<br /><br /></li></ul>
<h3>3.2. Grant adequate permissions to the public to re-use geospatial data</h3>
<p><strong>3.2.1.</strong> CIS observes that section 1.4 of the draft policy states that, “Geospatial data of any resolution being disseminated through agencies and service providers, both internationally and nationally be treated as unclassified and made available and accessible by Indian Mapping and imaging agencies.”</p>
<p><strong>3.2.2.</strong> CIS recommends the abovementioned section be broadened to include not only availability and accessibility of geospatial data, but also its re-use. Further, such accessibility, availability and re-use should not be only limited to public and private entities such as Indian mapping and imaging agencies, but as well as to Indian people in general.</p>
<p><strong>3.2.3.</strong> CIS further submits that section 1.4 be revised as “[g]eospatial data of any resolution being disseminated through agencies and service providers, both internationally and nationally be treated as unclassified and made available, accessible, and reusable by Indian mapping and imaging agencies in particular, and by the people of India in general.”</p>
<h3>3.3. Ensure Open Access to shareable and non-sensitive geospatial data</h3>
<p><strong>3.3.1.</strong> CIS observes that the draft policy directs all “geospatial data generating agencies” to classify their data into “open access,” “registered access,” and “restricted access.” The document, however, neither defines “geospatial data generating agencies”, nor does it clarify what conditions the data must satisfy to be classified as one of the three types. Without a listing of such conditions (at least necessary, and not sufficient, conditions), nothing restricts the agencies from classifying all generated geospatial data as “restricted.”</p>
<p><strong>3.3.2.</strong> Further, CIS observes that the draft policy aims to provide geospatial data acquired through public funded mechanism to be made available to the public at free of cost. It is submitted that the policy should not only be made available for free of cost, but it should also be made available in open standard format under an open license.</p>
<p><strong>3.3.3.</strong> As defined in the section 1.3, the National Data Sharing and Accessibility Policy (“NDSAP”) applies to “all shareable non-sensitive data available either in digital or analog forms but generated using public funds” <strong>[9]</strong>. Clearly all shareable <strong>[10]</strong> and non-sensitive <strong>[11]</strong> geospatial data, either in digital or analog forms, and generated using public funds should be proactively disclosed by the government agency concerns in accordance to the NDSAP. CIS recommends that the draft policy makes an explicit reference to NDSAP when discussing the topic of Open Access geospatial data, and re-iterates the mandate of proactive publication of shareable and non-sensitive government data.</p>
<p><strong>3.3.4.</strong> Further, the process for defining an open government data license to be applied to all open government data sets being published under the NDSAP, and through the Open Government Data Platform India, is in progress. Given this, it is absolutely crucial important that the draft NGP takes this into consideration, and mandates that Open Access geospatial data must be published using the open government data license to be defined by the Implementation Guidelines of the NDSAP, when applicable.</p>
<h3>3.4. Lack of clarity regarding the clearances and permits required for data acquisition and dissemination, and the procedures thereof</h3>
<p><strong>3.4.1.</strong> Section 1.8 of the draft policy states that “[a]ll clearances / permits, as necessary, for data acquisition and dissemination be through a single window, online portal. These clearances be provided within a time span of 30 days of filing the online request.” CIS observes that the draft policy does not specify the kind of clearances/permits needed before a public or private entity, or an individual, can undertake acquisition and dissemination of geospatial data. It neither clarifies under what circumstances and conditions application for such clearance / permits would be required for users.</p>
<p><strong>3.4.2.</strong> Since the recently published draft Geospatial Information Regulation Bill (“GIRB”) 2016, directly addresses this topic of clearance / permit required to acquire and share geospatial information <strong>[12]</strong>, it will be effective if the NGP can refer to this Bill and provide an overall governance framework for the same. Further, CIS noted that the time span of 30 days mentioned in the draft policy is inconsistent with the time period specified in the GIRB (which is 90 days).</p>
<p><strong>3.4.3.</strong> CIS recommends that the draft policy also be amended suitably to include the circumstances and conditions under which required permissions shall be issued. Accordingly, the draft policy should reference the standardised and time bound security vetting process envisaged in the GIRB.</p>
<h3>3.5. Clarification Needed regarding “Cybersecurity is to be ensured through … use of Digital Watermarks for authentication of GDPSS”</h3>
<p><strong>3.5.1.</strong> CIS submits that the draft policy does not elaborate on the use of “Digital Watermarks” to ensure cybersecurity, neither it is explained who will authenticate GDPSS, under what conditions, and for what reasons. CIS recommends that the draft policy be amended suitably to specify the same.</p>
<h3>3.6. Remove Classification of Non-Public (at Present) Satellite / Aerial Imagery as Restricted by Default</h3>
<p><strong>3.6.1.</strong> CIS observes that the draft policy recommends that “[s]atellite/aerial images of resolution other than those currently made available on websites” should all be “classified for restricted access.”</p>
<p><strong>3.6.2.</strong> CIS submits that blanket categorisation of all satellite / aerial imagery of resolution that is not currently available through a public website (for whatever reason it might be) as “restricted access” should be re-evaluated, given the immense importance of such imagery to mapping agencies and industry participants using GDPSS.</p>
<p><strong>3.6.3.</strong> CIS recommends that the section be revised to define clear principles for defining satellite /aerial imagery as “open,” “registered,” and “restricted.”</p>
<h3>3.7. Governance of User-contributed Geospatial Data</h3>
<p><strong>3.7.1.</strong> A key resource and feature of contemporary geospatial industry in particular, and the digital economy in general, is the proliferation of user-contributed and user-generated geospatial data and information. CIS observes that this crucial topic, as well as the unique governance concerns that it raises, has not been addressed in the draft policy at all. CIS requests the DST to consider this matter with due attention to the specific nature and values of such user-contributed and user-generated in the digital economy on one hand, and in emergency contexts such as natural disasters on the other, and prepare a framework for its appropriate governance as part of the NGP itself.</p>
<h3>3.8. Protect Geospatial Privacy of Citizens by Defining Sensitive Personal Geospatial Data and Information</h3>
<p><strong>3.8.1.</strong> CIS observes that the draft policy lacks rules for collection, use, storage, and distribution of geospatial data from an individual’s privacy standpoint. Further, neither does the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 address these concerns <strong>[13]</strong>. Section 3 of the Rules define “Sensitive personal data or information”, which do not include geospatial information.</p>
<p><strong>3.8.2.</strong> The argument of violation of constitutional right to privacy was pleaded in a case against Google and other private mapping agencies in 2008 <strong>[14]</strong>. In the judgment, Madras HIgh Court noted that there existed no legislation/guidelines to prohibit mapping programmes from conducting their activities indiscriminately, and the lack of one thereof prevented the Court from injuncting such activities. Thus, there exists a judicial ambiguity on the aspect of collection and use of geospatial data.</p>
<p><strong>3.8.3.</strong> CIS submits that the draft policy may be suitably amended to ensure that collection, processing and dissemination of geospatial information is in consonance with the constitutionally protection of an individual’s privacy.</p>
<h3>3.9. Clarification Needed regarding “Mechanisms to be put in place to evaluate / audit GDPSS creation, consumption and distribution”</h3>
<p><strong>3.9.1.</strong> The draft policy suggests that “mechanisms to be put in place to evaluate/audit GDPSS creation, consumption and distribution” without clarifying the scope, purpose, and purview of this mechanism, and most crucially it does not describe what exactly will be evaluated / audited. CIS submits that this section is revised and expanded.</p>
<p><strong>3.9.2.</strong> The same section also identifies the need for a “framework to be put in place to assess the data collection versus its utilization towards government program and socio-economic development.” CIS observes that this is a very promising and much welcome gesture by the DST, but this section must be developed as a separate and detailed mandate. At the least, the NGP may suggest that a more detailed guideline document regarding this framework will be developed in near future.</p>
<h3>3.10. Data Taxation and Geospatial Cess</h3>
<p><strong>3.10.1.</strong> The draft policy refers to imposition of “data taxation (geospatial cess)” and use of “licensing” of geospatial data to raise money for geospatial activities of the Government of India. CIS is of the opinion will severely affect the geospatial industry in the country in particular, and will raise the monetary barrier to public use of geospatial data and maps in general; and hence must be strictly avoided.</p>
<h3>3.11. Data Dissemination Cell</h3>
<p><strong>3.11.1.</strong> CIS submits that instead of development of a separate Data Dissemination Cell within all government agencies to operationalise the mandate of the NGP, the Chief Data Officers within all government agencies identified under the implementation process of the NDSAP be given this complementary responsibility. This would ensure effective channelisation of human and financial resources to take forward the joint mandate of NGP and NDSAP towards greater public availability and use of (shareable and non-sensitive) government data.</p>
<h3>3.12. Special Infrastructure for Governance, Management, and Publication of Real-time Geospatial Data</h3>
<p><strong>3.12.1.</strong> A key term that the draft policy does not talk about is “big data.” The static or much-slowly-changing geospatial data such as national boundaries and details of Vulnerable Points and Vulnerable Areas are really a very small part of of the global geospatial information. The much larger and crucial part is the real-time (that is continuously produced, stored, analysed, and used in almost real-time) big geospatial data – from geo-referenced tweets, to GPS systems of cars, to mobile phones moving through the cities and regions. Addressing such networked data systems, where all data collected by digital devices can quite easily be born-georeferenced, and the security and privacy concerns that are engendered by them, should be the ultimate purpose of, and challenge for, a future-looking NGP.</p>
<p><strong>3.12.2.</strong> Further, with increasing number of government assets being geo-referenced for the purpose of more effective and real-time management, especially in the transportation sector, the corresponding agencies (which are often not mapping agencies) are acquiring a vast amount of high-velocity geospatial data, which needs to be analysed and (sometimes) published in the real-time. CIS submits a sincere request to DST to highlight the crucial need for special infrastructure for such data, as well as its governance, and identify the key principles concerned in the next version of the draft NGP.</p>
<h3>3.13. Sincere Request for Preparation and Circulation of a Second Public Draft of the National Geospatial Policy</h3>
<p><strong>3.13.1.</strong> CIS commends the DST for publishing the draft policy, and facilitating a consultation process inviting stakeholders and civil society to submit feedback. The NGP envisages to address crucial concepts of privacy, licensing, intellectual property rights, liability, national security, open data, which cut across and impact various technology platforms, industries and the citizens.</p>
<p><strong>3.13.2.</strong> In view of the multifarious issues highlighted that arise at the intersection of various legal and ethical concepts, CIS respectfully requests the DST to conduct another round of consultation after the publication of the second draft of the NGP. Multiple rounds of consultation and feedback would contribute to the robustness of the lawmaking process and ensure that the final policy safeguards the general public interest, and the interests and rights of various stakeholders involved.</p>
<p><strong>3.13.3.</strong> CIS is thankful to DST for the opportunity to provide comments, and would be privileged to provide further assistance on the matter to DST.</p>
<p> </p>
<h2>Endnotes</h2>
<p><strong>[1]</strong> See: <a href="http://www.dst.gov.in/sites/default/files/Draft-NGP-Ver%201%20ammended_05May2016.pdf">http://www.dst.gov.in/sites/default/files/Draft-NGP-Ver%201%20ammended_05May2016.pdf</a>.</p>
<p><strong>[2]</strong> See: <a href="http://cis-india.org/">http://cis-india.org/</a>.</p>
<p><strong>[3]</strong> See: <a href="https://egovstandards.gov.in/sites/default/files/Published%20Documents/Policy_on_Open_Standards_for_e-Governance.pdf">https://egovstandards.gov.in/sites/default/files/Published%20Documents/Policy_on_Open_Standards_for_e-Governance.pdf</a>.</p>
<p><strong>[4]</strong> See: <a href="http://data.gov.in/sites/default/files/NDSAP.pdf">http://data.gov.in/sites/default/files/NDSAP.pdf</a>.</p>
<p><strong>[5]</strong> See: <a href="http://deity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf">http://deity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf</a>.</p>
<p><strong>[6]</strong> See: <a href="http://deity.gov.in/sites/upload_files/dit/files/Open_APIs_19May2015.pdf">http://deity.gov.in/sites/upload_files/dit/files/Open_APIs_19May2015.pdf</a>.</p>
<p><strong>[7]</strong> See: <a href="http://rti.gov.in/webactrti.htm">http://rti.gov.in/webactrti.htm</a>.</p>
<p><strong>[8]</strong> See: <a href="http://www.archive.india.gov.in/allimpfrms/allacts/3314.pdf">http://www.archive.india.gov.in/allimpfrms/allacts/3314.pdf</a>, sections 2(d) and 3(b).</p>
<p><strong>[9]</strong> See: <a href="https://data.gov.in/sites/default/files/NDSAP.pdf">https://data.gov.in/sites/default/files/NDSAP.pdf</a>.</p>
<p><strong>[10]</strong> See section 2.11 of NDSAP.</p>
<p><strong>[11]</strong> See section 2.10 of NDSAP.</p>
<p><strong>[12]</strong> See: <a href="http://mha.nic.in/sites/upload_files/mha/files/GeospatialBill_05052016_eve.pdf">http://mha.nic.in/sites/upload_files/mha/files/GeospatialBill_05052016_eve.pdf</a>.</p>
<p><strong>[13]</strong> See: <a href="http://deity.gov.in/sites/upload_files/dit/files/GSR313E_10511%281%29.pdf">http://deity.gov.in/sites/upload_files/dit/files/GSR313E_10511%281%29.pdf</a>.</p>
<p><strong>[14]</strong> J. Mohanraj v (1) Secretary To Government, Delhi; (2) Indian Space Research Organisation, Bangalore; (3) Google India Private Limited, Bangalore, 2008 Indlaw MAD 3562.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/openness/comments-on-the-national-geospatial-policy-draft-v-1-0-2016'>https://cis-india.org/openness/comments-on-the-national-geospatial-policy-draft-v-1-0-2016</a>
</p>
No publishersumandroOpen StandardsOpen DataOpen Government DataFeaturedGeospatial DataNational Geospatial PolicyOpenness2016-06-30T09:40:59ZBlog EntryGoogle, Apple and Microsoft may need licence for satellite mapping in India
https://cis-india.org/openness/news/economic-times-aman-sharma-neha-alawadhi-may-9-2016-google-apple-and-microsoft-may-need-licence-for-satellite-mapping-in-india
<b>Cold response from MNCs like Google to India's security concerns is seen as a prime reason for the proposed legislation to regulate mapping of the country, a move that critics call "return of the Licence Raj" and "digital nationalism".</b>
<p>The article by Aman Sharma and Neha Alawadhi was published in <a class="external-link" href="http://economictimes.indiatimes.com/news/politics-and-nation/google-apple-and-microsoft-may-need-licence-for-satellite-mapping-in-india/articleshow/52180349.cms">Economic Times</a> on May 9, 2016. Sumandro Chattapadhyay was quoted.</p>
<hr />
<p style="text-align: justify; "><span>A draft of Geospatial Information Regulation Bill, released last week seeking public comments, says anyone mapping India by a satellite or aerial platform will need a licence from a government "security vetting authority". "India as a responsible power must have established guidelines," Kiren Rijiju, MoS for Home, told ET, reacting to the criticism to the move.</span></p>
<p style="text-align: justify; "><span>"We won't create hurdles for business and technological development, but national security considerations must not be compromised either," said Rijiju. Non-compliance could land you in jail for seven years. On the top of that would be a fine of up to Rs 100 crore. BJP MP Tarun Vijay, who has long been campaigning for such a law, said "patriotic Indians" should use the country's own 'Bhuvan' software application for maps.</span></p>
<p style="text-align: justify; "><span>"Why do we need Google? We should stop becoming Google's instruments," he told ET. "The patriotic government of Narendra Modi has taken a right step in a big relief to the security establishment. UPA did not take any action despite my pleas to the then Defence Minister AK Antony. I congratulate the Modi government for showing spine in face of arrogance of these IT giants," he said, adding: Google has been "behaving as if it were above Indian law".</span></p>
<p style="text-align: justify; "><span>A top government official involved in the move said maps of India's sensitive installations were available on Google Maps, increasing the security risk of those sites. Demand to mask those were never complied to. "Pathankot air base, which was recently attacked, can be seen on Google Maps. Terrorists plot strikes on sensitive targets studying Google Maps," he told ET.</span></p>
<p style="text-align: justify; "><span>"Our plea to black out sensitive installations do not yield results. This Bill is now sending a strong message that US companies cannot be running roughshod over Indian security interests." Companies such as Google, Microsoft and Apple, which have millions of Indians using their maps, would be hit directly by the legislation if it is pushed through. Firms that depend on these maps to provide their services, such as Uber, Zomato and Ola, too would be affected. Google, Apple and Microsoft didn't respond to emails seeking comment.</span></p>
<p style="text-align: justify; "><span>Mishi Choudhary, legal director at Software Freedom Law Centre, said almost all online businesses today depend on geo-location and provide maps for the use of their services, and that all of them will be forced to seek a licence under the proposed law. "This kind of digital nationalism is a way to create a government-controlled monopoly on all geographical information about the country, conveniently transforming Digital India to Licence India, digitally this time," said Choudhary, who was part<span> </span>of the successful legal fight to scrap Section 66A of the IT Act to ensure freedom of expression on the Internet. An executive at one of the big tech companies said the draft Bill raised far too many questions.</span></p>
<p style="text-align: justify; "><span>"On the face of it, the Bill will kill any and every use of the maps. It is also unclear if you get a licence for maps, only you can use it or others can use it, too," he said. "Also, whether every time you update a map, does one have to get a security clearance? Maps have to be live and dynamic, so getting it approved from government each time may not be feasible."</span></p>
<p style="text-align: justify; "><span>Those working on mapping and geospatial technology said services such as Google Maps are popular because they are faster and easier to use compared to government-prescribed process.<span> </span>"According to Indian law...if I have to buy certain data, I will have to go to the concerned department, like ISRO's National Remote Sensing Agency, or the Survey of India. In the case of NRSC (for satellite data), they will purchase the data for me, and then I will have to pay. That's a long process and hence people went to services like Google Maps, which are easier," said Devdatta Tengshe, a freelance geospatial information systems consultant.</span></p>
<p style="text-align: justify; "><span>The agency removes sensitive zones from the data and takes about two-three months or even more to respond, which is an unrealistic timeline for people working with digital data, he said. There is also apprehension that the Bill will undermine rescue and humanitarian efforts, such as during disasters like the Nepal earthquake.</span></p>
<p style="text-align: justify; "><span>"It was user-generated geospatial data that was used by the humanitarian response teams. This situation of lack of openly usable geospatial data holds true for large parts of India, and especially Himalayan India," said Sumandro Chattapadhyay, research director at Centre for Internet and Society. Also of concern is the lack of court's jurisdiction in matters related to the proposed legislation, said SFLC's Choudhary.</span></p>
<p style="text-align: justify; "><span>A senior government official, however, said companies should not have a problem to come under regulations on security considerations and that the Bill was up for public comments where the companies can lodge their apprehensions. "We are not banning anyone from mapping India — only that the mapping has to be in line with Indian security considerations regarding sensitive installations and correct boundaries being depicted like not showing PoK and Arunachal Pradesh as out of India," this official said.</span></p>
<p style="text-align: justify; "><span>A group of techies have, meanwhile, got together to create a website called savethemap.in, which aims to educate people and make them send out responses to the draft Bill. It will likely come up with a template response, along the lines as the savetheinternet. in campaign that was instrumental in taking the net neutrality debate to the people.</span></p>
<p>
For more details visit <a href='https://cis-india.org/openness/news/economic-times-aman-sharma-neha-alawadhi-may-9-2016-google-apple-and-microsoft-may-need-licence-for-satellite-mapping-in-india'>https://cis-india.org/openness/news/economic-times-aman-sharma-neha-alawadhi-may-9-2016-google-apple-and-microsoft-may-need-licence-for-satellite-mapping-in-india</a>
</p>
No publisherpraskrishnaOpen StandardsOpen DataOpen Government DataOpenness2016-05-10T15:20:39ZNews ItemIP Meetup #02: Prabir Purkayastha on the CRI Guidelines and software patenting in India
https://cis-india.org/a2k/events/ip-meetup-02-prabir-purkayastha-on-the-cri-guidelines-and-software-patenting-in-india
<b></b>
<h3>Prabir Purkayastha will deliver a short talk on what the Guidelines on Computer Related Inventions mean for software patenting, and the way forward, on Sunday, March 20th, 2016 at the CIS Delhi office, at 4 p.m. <br /></h3>
<div id="parent-fieldname-text-90eeae1895bf44d29641567f7fcf5d44">
<p style="text-align: justify;"> </p>
<p style="text-align: justify;">We would like to invite you to the second session of a series of IP focused meetups. The meetups are
aimed at bringing folks together working within or interested in IP law,
to discuss recent developments with reference to access to knowledge,
climate change, health, trade, etc.</p>
<p>The talk will be followed by a round of discussion, after which the
floor will be thrown open for other pressing/relevant IP developments.</p>
<p>Please join us for tea and refreshments at 3.30 pm.</p>
<p>Please RSVP by dropping a line at <a class="mail-link" href="mailto:anubha@cis-india.org">anubha@cis-india.org</a>.</p>
<p><strong>CIS Delhi's location on Google Maps: <a href="https://goo.gl/maps/nPKkoQFhRSt">https://goo.gl/maps/nPKkoQFhRSt</a></strong></p>
</div>
<p>
For more details visit <a href='https://cis-india.org/a2k/events/ip-meetup-02-prabir-purkayastha-on-the-cri-guidelines-and-software-patenting-in-india'>https://cis-india.org/a2k/events/ip-meetup-02-prabir-purkayastha-on-the-cri-guidelines-and-software-patenting-in-india</a>
</p>
No publishersinhaOpen SourceAccess to KnowledgeSoftware PatentsIntellectual Property RightsFOSS2016-03-29T17:06:13ZEventAdoption of Standards in Smart Cities - Way Forward for India
https://cis-india.org/internet-governance/blog/adoption-of-standards-in-smart-cities-way-forward-for-india
<b>With a paradigm shift towards the concept of “Smart Cities’ globally, as well as India, such cities have been defined by several international standardization bodies and countries, however, there is no uniform definition adopted globally. The glue that allows infrastructures to link and operate efficiently is standards as they make technologies interoperable and efficient.</b>
<p style="text-align: justify; "><b><a href="https://cis-india.org/internet-governance/blog/adoption-of-standards-in-smart-cities.pdf" class="internal-link">Click here to download the full file</a></b></p>
<p style="text-align: justify; ">Globally, the pace of urbanization is increasing exponentially. The world’s urban population is projected to rise from 3.6 billion to 6.3 billion between 2011 and 2050. A solution for the same has been development of sustainable cities by improving efficiency and integrating infrastructure and services <strong>[1]</strong>. It has been estimated that during the next 20 years, 30 Indians will leave rural India for urban areas every minute, necessitating smart and sustainable cities to accommodate them <strong>[2]</strong>. The Smart Cities Mission of the Ministry of Urban Development was announced in the year 2014, followed by selection of 100 cities in the year 2015 and 20 of them being selected for the first Phase of the project in the year 2016. The Mission <strong>[3]</strong> lists the “core infrastructural elements” that a smart city would incorporate like adequate water supply, assured electricity, sanitation, efficient public transport, affordable housing (especially for the poor), robust IT connectivity and digitisation, e-governance and citizen participation, sustainable environment, safety and security for citizens, health and education.</p>
<p style="text-align: justify; ">With a paradigm shift towards the concept of “Smart Cities’ globally, as well as India, such cities have been defined by several international standardization bodies and countries, however, there is no uniform definition adopted globally. The envisioned modern and smart city promises delivery of high quality services to the citizens and will harness data capture and communication management technologies. The performance of such cities would be monitored on the basis of physical as well as the social structure comprising of smart approaches and solution to utilities and transport.</p>
<p style="text-align: justify; ">The glue that allows infrastructures to link and operate efficiently is standards as they make technologies interoperable and efficient. Interoperability is essential and to ensure smart integration of various systems in a smart city, internationally agreed standards that include technical specifications and classifications must be adhered to. Development of international standards ensure seamless interaction between components from different suppliers and technologies <strong>[4]</strong>.</p>
<p style="text-align: justify; ">Standardized indicators within standards benefit smart cities in the following ways:</p>
<ol style="text-align: justify; ">
<li>
<div style="text-align: justify; ">Effective governance and efficient delivery of services.</div>
</li>
<li>
<div style="text-align: justify; ">International and Local targets, benchmarking and planning.</div>
</li>
<li>
<div style="text-align: justify; ">Informed decision making and policy formulation.</div>
</li>
<li>
<div style="text-align: justify; ">Leverage for funding and recognition in international entities.</div>
</li>
<li>
<div style="text-align: justify; ">Transparency and open data for investment attractiveness.</div>
</li>
<li>
<div style="text-align: justify; ">A reliable foundation for use of big data and the information explosion to assist cities in building core knowledge for city decision-making, and enable comparative insight.</div>
</li>
</ol>
<p style="text-align: justify; ">The adoption of standards for smart cities has been advocated across the world as they are perceived to be an effective tool to foster development of the cities. The Director of the ITU Telecommunication Standardization Bureau Chaesub Lee is of the view that “Smart cities will employ an abundance of technologies in the family of the Internet of Things (IoT) and standards will assist the harmonized implementation of IoT data and applications , contributing to effective horizontal integration of a city’s subsystems” <strong>[5]</strong>.</p>
<h3 style="text-align: justify; ">Smart Cities standards in India</h3>
<p style="text-align: justify; ">National Association of Software and Services Companies (NASSCOM) partnered with Accenture <strong>[6]</strong> to prepare a report called ‘Integrated ICT and Geospatial Technologies Framework for 100 Smart Cities Mission’ <strong>[7]</strong> to explore the role of ICT in developing smart cities <strong>[8]</strong>, after the announcement of the Mission by Indian Government. The report, released in May 2015, lists down 55 global standards, keeping in view several city sub-systems like urban planning, transport, governance, energy, climate and pollution management, etc which could be applicable to the smart cities in India.</p>
<p style="text-align: justify; ">Though NASSCOM is working closely with the Ministry of Urban Development to create a sustainable model for smart cities <strong>[9]</strong>, due to lack of regulatory standards for smart cities, the Bureau of Indian Standards (BIS) in India has undertaken the task to formulate standardised guidelines for central and state authorities in planning, design and construction of smart cities by setting up a technical committee under the Civil engineering department of the Bureau. However, adoption of the standards by implementing agencies would be voluntary and intends to complement internationally available documents in this area <strong>[10]</strong>.</p>
<p style="text-align: justify; ">Developing national standards in line with these international standards would enable interoperability (i.e. devices and systems working together) and provide a roadmap to address key issues like data protection, privacy and other inherent risks in the digital delivery and use of public services in the envisioned smart cities, which call for comprehensive data management standards in India to instill public confidence and trust <strong>[11]</strong>.</p>
<h3 style="text-align: justify; ">Key International Smart Cities Standards</h3>
<p style="text-align: justify; ">Following are the key internationally accepted and recognized Smart Cities standards developed by leading organisations and the national standardization bodies of several countries that India could adopt or develop national standards in line with these.</p>
<h4 style="text-align: justify; ">The International Organization for Standardization (ISO) - Smart Cities Standards</h4>
<p style="text-align: justify; ">ISO is an instrumental body advocating and developing for smart cities to safeguard rights of the people against a liveable and sustainable environment. The ISO Smart Cities Strategic Advisory Group uses the following working definition: A ‘Smart City’ is one that dramatically increases the pace at which it improves its social, economic and environmental (sustainability) outcomes, responding to challenges such as climate change, rapid population growth, and political and economic instability by fundamentally improving how it engages society, how it applies collaborative leadership methods, how it works across disciplines and city systems, and how it uses data information and modern technologies in order to transform services and quality of life for those in and involved with the city (residents, businesses, visitors), now and for the foreseeable future, without unfair disadvantage of others or degradation of the natural environment. [For details see ISO/TMB Smart Cities Strategic Advisory Group Final Report, September 2015 ( ISO Definition, June 2015)].</p>
<p style="text-align: justify; ">The ISO Technical Committee 268 works on standardization in the field of Sustainable Development in Communities <strong>[12]</strong> to encourage the development and implementation of holistic, cross-sector and area-based approaches to sustainable development in communities. The Committee comprises of 3 Working Groups <strong>[13]</strong>:</p>
<ul style="text-align: justify; ">
<li>
<div style="text-align: justify; ">Working Group 1: System Management ISO 37101- This standard sets requirements, guidance and supporting techniques for sustainable development in communities. It is designed to help all kinds of communities manage their sustainability, smartness and resilience to improve the contribution of communities to sustainable development and assess their performance in this area <strong>[14]</strong>.</div>
</li>
<li>
<div style="text-align: justify; ">Working Group 2 : City Indicators- The key Smart Cities Standards developed by ISO TC 268 WG 2 (City Indicators) are:</div>
</li>
</ul>
<h4 style="text-align: justify; ">ISO 37120 Sustainable Development of Communities — Indicators for City Services and Quality of Life</h4>
<p style="text-align: justify; ">One of the key standards and an important step in this regard was ISO 37120:2014 under the ISO’s Technical Committee 268 (See Working on Standardization in the field of Sustainable Development in Communities) providing clearly defined city performance indicators (divided into core and supporting indicators) as a benchmark for city services and quality of life, along with a standard approach for measuring each for city leaders and citizens <strong>[15]</strong>. The standard is global in scope and can help cities prioritize city budgets, improve operational transparency, support open data and applications <strong>[16]</strong>. It follows the principles <strong>[17]</strong> set out and can be used in conjunction with ISO 37101.</p>
<p style="text-align: justify; ">ISO 37120 was the first ISO Standard on Global City Indicators published in the year 2014, developed on the basis of a set of indicators developed and extensively tested by the Global City Indicators Facility (a project by University of Toronto) and its 250+ member cities globally. GCIF is committed to build standardized city indicators for performance management including a database of comparable statistics that allow cities to track their effectiveness on everything from planning and economic growth to transportation, safety and education <strong>[18]</strong>.</p>
<p style="text-align: justify; ">The World Council on City Data (WCCD) <strong>[19]</strong> - a sister organization of the GCI/GCIF - was established in the year 2014 to operationalize ISO 37120 across cities globally. The standards encompasses 100 indicators developed around 17 themes to support city services and quality of life, and is accessible through the WCCD Open City Data Portal which allows for cutting-edge visualizations and comparisons. Indian cities are not yet listed with WCCD <strong>[20]</strong>.</p>
<p style="text-align: justify; ">The indicators are listed under the following heads <strong>[21]</strong>:</p>
<ol style="text-align: justify; ">
<li>
<div style="text-align: justify; ">Economy</div>
</li>
<li>
<div style="text-align: justify; ">Education</div>
</li>
<li>
<div style="text-align: justify; ">Environment</div>
</li>
<li>
<div style="text-align: justify; ">Energy</div>
</li>
<li>
<div style="text-align: justify; ">Finance</div>
</li>
<li>
<div style="text-align: justify; ">Fire and Emergency Responses</div>
</li>
<li>
<div style="text-align: justify; ">Governance</div>
</li>
<li>
<div style="text-align: justify; ">Health</div>
</li>
<li>
<div style="text-align: justify; ">Safety</div>
</li>
<li>
<div style="text-align: justify; ">Shelter</div>
</li>
<li>
<div style="text-align: justify; ">Recreation</div>
</li>
<li>
<div style="text-align: justify; ">Solid Waste</div>
</li>
<li>
<div style="text-align: justify; ">Telecommunication and innovation</div>
</li>
<li>
<div style="text-align: justify; ">Transportation</div>
</li>
<li>
<div style="text-align: justify; ">Urban Planning</div>
</li>
<li>
<div style="text-align: justify; ">Waste water</div>
</li>
<li>
<div style="text-align: justify; ">Water and Sanitation</div>
</li>
</ol>
<p style="text-align: justify; ">This International Standard is applicable to any city, municipality or local government that undertakes to measure its performance in a comparable and verifiable manner, irrespective of size and location or level of development. City indicators have the potential to be used as critical tools for city managers, politicians, researchers, business leaders, planners, designers and other professionals <strong>[22]</strong>. The WCCD forum highlights need for cities to have a set of globally standardized indicators to <strong>[23]</strong>:</p>
<ol style="text-align: justify; ">
<li>
<div style="text-align: justify; ">Manage and make informed decisions through data analysis</div>
</li>
<li>
<div style="text-align: justify; ">Benchmark and target</div>
</li>
<li>
<div style="text-align: justify; ">Leverage Funding with senior levels of government</div>
</li>
<li>
<div style="text-align: justify; ">Plan and establish new frameworks for sustainable urban development</div>
</li>
<li>
<div style="text-align: justify; ">Evaluate the impact of infrastructure projects on the overall performance of a city.</div>
</li>
</ol>
<h4 style="text-align: justify; ">ISO/DTR 37121- Inventory and Review of Existing Indicators on Sustainable Development and Resilience in Cities</h4>
<p style="text-align: justify; ">The second standard under ISO TC 268 WG 2 is ISO 37121, which defines additional indicators related to sustainable development and resilience in cities. Some of the indicators include: Smart Cities, Smart Grid, Economic Resilience, Green Buildings, Political Resilience, Protection of biodiversity, etc. The complete list can be viewed on the Resilient Cities website <strong>[24]</strong>.</p>
<p style="text-align: justify; "><strong>Working Group 3:</strong> Terminology - There are no publicly available documents so far, giving details about the status of the activities of this group. The ISO Technical Committee 268 also includes Sub Committee 1 (Smart Community Infrastructure) <strong>[25]</strong>, comprising of the following Working Groups: 1) WG 1 Infrastructure metrics, and 2) WG 2 Smart Community Infrastructure.</p>
<p style="text-align: justify; ">The key Smart Cities Standards developed by ISO under this are:</p>
<ul style="text-align: justify; ">
<li>
<p style="text-align: justify; "><strong>ISO 37151:2015 Smart community infrastructures — Principles and Requirements for Performance Metrics</strong><br />In the year 2015, a new ISO technical specification for smart cities- 37151:2015 for Principles and requirements for performance metrics was released. The purpose of standardization in the field of smart community infrastructures such as energy, water, transportation, waste, information and communications technology (ICT), etc. is to promote the international trade of community infrastructure products and services and improve sustainability in communities by establishing harmonized product standards <strong>[26]</strong>. The metrics in this standard will support city and community managers in planning and measuring performance, and also compare and select procurement proposals for products and services geared at improving community infrastructures <strong>[27]</strong>. <br />This Technical Specification gives principles and specifies requirements for the definition,identification, optimization, and harmonization of community infrastructure performance metrics, and gives recommendations for analysis, regarding interoperability, safety, security of community infrastructures <strong>[28]</strong>. This new Technical Specification supports the use of the ISO 37120 <strong>[29]</strong>.</p>
</li>
<li>
<p style="text-align: justify; "><strong>ISO/TR 37150:2014 Smart Community Infrastructures - Review of Existing Activities Relevant to Metrics<br /></strong>This standard addresses community infrastructures such as energy, water, transportation, waste and information and communications technology (ICT). Smart community infrastructures take into consideration environmental impact, economic efficiency and quality of life by using information and communications technology (ICT) and renewable energies to achieve integrated management and optimized control of infrastructures. Integrating smart community infrastructures for a community helps improve the lifestyles of its citizens by, for example: reducing costs, increasing mobility and accessibility, and reducing environmental pollutants.<br />ISO/TR 37150 reviews relevant metrics for smart community infrastructures and provides stakeholders with a better understanding of the smart community infrastructures available around the world to help promote international trade of community infrastructure products and give information about leading-edge technologies to improve sustainability in communities <strong>[30]</strong>. This standard, along with the above mentioned standards <strong>[31]</strong> supports the multi-billion dollar smart cities technology industry.</p>
</li>
</ul>
<p style="text-align: justify; ">Several other ISO Working Groups developing standards applicable to smart and sustainable cities have been listed in our website <strong>[32]</strong>.</p>
<h4 style="text-align: justify; ">The International Telecommunications Union (ITU)</h4>
<p style="text-align: justify; ">The ITU is another global body working on development of standards regarding smart cities.</p>
<p style="text-align: justify; ">A study group was formed in the year 2015 to tackle standardization requirements for the Internet of Things, with an initial focus on IoT applications in smart cities to address urban development challenges <strong>[33]</strong>, to enable the coordinated development of IoT technologies, including machine-to-machine communications and ubiquitous sensor networks. The group is titled “ITU-T Study Group 20: IoT and its applications, including smart cities and communities”, established to develop standards that leverage IoT technologies to address urban-development challenges and the mechanisms for the interoperability of IoT applications and datasets employed by various vertically oriented industry sectors <strong>[34]</strong>.</p>
<p style="text-align: justify; ">ITU-T also concluded a focused study group looking at smart sustainable cities in May 2015, acting as an open platform for smart city stakeholders to exchange knowledge in the interests of identifying the standardized frameworks needed to support the integration of ICT services in smart cities. Its parent group is ITU-T Study Group 5, which has agreed on the following definition of a Smart Sustainable City:<br />"A smart sustainable city is an innovative city that uses information and communication technologies (ICTs) and other means to improve quality of life, efficiency of urban operation and services, and competitiveness, while ensuring that it meets the needs of present and future generations with respect to economic, social, environmental as well as cultural aspects".</p>
<h4 style="text-align: justify; ">UK - British Standards Institution</h4>
<p style="text-align: justify; ">Apart from the global standards setting organisations, many countries have been looking at developing standards to address the growth of smart cities across the globe. In the UK, the British Standards Institution (BSI) has been commissioned by the UK Department of Business, Innovation and Skills (BIS) to conceive a Smart Cities Standards Strategy to identify vectors of smart city development where standards are needed. The standards would be developed through a consensus-driven process under the BSI to ensure good practise is shared between all the actors. The BIS launched the City's Standards Institute to bring together cities and key industry leaders and innovators to work together in identifying the challenges facing cities, providing solutions to common problems and defining the future of smart city standards <strong>[35]</strong>.</p>
<ul style="text-align: justify; ">
<li>
<p style="text-align: justify; "><strong>PAS 181</strong> <em><strong>Smart city framework- Guide to establishing strategies for smart cities and communities</strong></em> establishes a good practice framework for city leaders to develop, agree and deliver smart city strategies that can help transform their city’s ability to meet challenges faced in the future and meet the goals. The smart city framework (SCF) does not intend to describe a one-size-fits-all model for the future of UK cities but focuses on the enabling processes by which the innovative use of technology and data, together with organizational change, can help deliver the diverse visions for future UK cities in more efficient, effective and sustainable ways <strong>[36]</strong>.</p>
</li>
<li>
<p style="text-align: justify; "><strong>PD 8101</strong> <em><strong>Smart cities- Guide to the role of the planning and development process</strong></em><em> </em>gives guidance regarding planning for new development for smart city plans and<em> </em>provides an overview of the key issues to be considered and prioritized. The document is for use by local authority planning and regeneration officers to identify good practice in a UK context, and what tools they could use to implement this good practice. This aims to enable new developments to be built in a way that will support smart city aspirations at minimal cost <strong>[37]</strong>.</p>
</li>
<li>
<p style="text-align: justify; "><strong>PAS 182<em> Smart city concept model. Guide to establishing a model for data</em></strong><em> </em>establishes an interoperability framework and data-sharing between agencies for smart cities for the following purposes:</p>
<ol style="text-align: justify; ">
<li>To have a city where information can be shared and understood between organizations and people at each level</li>
<li>The derivation of data in each layer can be linked back to data in the previous layer </li>
<li>The impact of a decision can be observed back in operational data. The smart city concept model (SCCM) provides a framework that can normalize and classify information from many sources so that data sets can be discovered and combined to gain a better picture of the needs and behaviours of a city’s citizens (residents and businesses) to help identify issues and devise solutions. PAS 182 is aimed at organizations that provide services to communities in cities, and manage the resulting data, as well as decision-makers and policy developers in cities <strong>[38]</strong>.</li>
</ol> </li>
<li>
<p style="text-align: justify; "><strong>PAS 180 Smart cities <em>Vocabulary</em></strong> helps build a strong foundation for future standardization and good practices by providing an industry-agreed understanding of smart city terms and definitions to be used in the UK. It provides a working definition of a Smart City- “Smart Cities” is a term denoting the effective integration of physical, digital and human systems in the built environment to deliver a sustainable, prosperous and inclusive future for its citizens <strong>[39]</strong>. This aims to help improve communication and understanding of smart cities by providing a common language for developers, designers, manufacturers and clients. The standard also defines smart city concepts across different infrastructure and systems’ elements used across all service delivery channels and is intended for city authorities and planners, buyers of smart city services and solutions <strong>[40]</strong>, as well as product and service providers.</p>
</li>
</ul>
<p style="text-align: justify; "> </p>
<h3 style="text-align: justify; ">Endnotes</h3>
<p style="text-align: justify; "><strong>[1]</strong> See: <a class="external-link" href="http://www.iec.ch/whitepaper/pdf/iecWP-smartcities-LR-en.pdf">http://www.iec.ch/whitepaper/pdf/iecWP-smartcities-LR-en.pdf</a>.</p>
<p style="text-align: justify; "><strong>[2]</strong> See: <a class="external-link" href="http://www.ibm.com/smarterplanet/in/en/sustainable_cities/ideas/">http://www.ibm.com/smarterplanet/in/en/sustainable_cities/ideas/</a>.</p>
<p style="text-align: justify; "><strong>[3]</strong> See: <a class="external-link" href="http://www.thehindubusinessline.com/economy/smart-cities-mission-welcome-to-tomorrows-world/article8163690.ece">http://www.thehindubusinessline.com/economy/smart-cities-mission-welcome-to-tomorrows-world/article8163690.ece</a>.</p>
<p style="text-align: justify; "><strong>[4]</strong> See: <a class="external-link" href="http://www.iec.ch/whitepaper/pdf/iecWP-smartcities-LR-en.pdf">http://www.iec.ch/whitepaper/pdf/iecWP-smartcities-LR-en.pdf</a>.</p>
<p style="text-align: justify; "><strong>[5]</strong> See: <a class="external-link" href="http://www.iso.org/iso/news.htm?refid=Ref2042">http://www.iso.org/iso/news.htm?refid=Ref2042</a>.</p>
<p style="text-align: justify; "><strong>[6]</strong> See: <a class="external-link" href="http://www.livemint.com/Companies/5Twmf8dUutLsJceegZ7I9K/Nasscom-partners-Accenture-to-form-ICT-framework-for-smart-c.html">http://www.livemint.com/Companies/5Twmf8dUutLsJceegZ7I9K/Nasscom-partners-Accenture-to-form-ICT-framework-for-smart-c.html</a>.</p>
<p style="text-align: justify; "><strong>[7]</strong> See: <a class="external-link" href="http://www.nasscom.in/integrated-ict-and-geospatial-technologies-framework-100-smart-cities-mission">http://www.nasscom.in/integrated-ict-and-geospatial-technologies-framework-100-smart-cities-mission</a>.</p>
<p style="text-align: justify; "><strong>[8]</strong> See: <a class="external-link" href="http://www.cxotoday.com/story/nasscom-creates-framework-for-smart-cities-project/">http://www.cxotoday.com/story/nasscom-creates-framework-for-smart-cities-project/</a>.</p>
<p style="text-align: justify; "><strong>[9]</strong> See: <a class="external-link" href="http://www.livemint.com/Companies/5Twmf8dUutLsJceegZ7I9K/Nasscom-partners-Accenture-to-form-ICT-framework-for-smart-c.html">http://www.livemint.com/Companies/5Twmf8dUutLsJceegZ7I9K/Nasscom-partners-Accenture-to-form-ICT-framework-for-smart-c.html</a>.</p>
<p style="text-align: justify; "><strong>[10]</strong> See: <a class="external-link" href="http://www.business-standard.com/article/economy-policy/in-a-first-bis-to-come-up-with-standards-for-smart-cities-115060400931_1.html">http://www.business-standard.com/article/economy-policy/in-a-first-bis-to-come-up-with-standards-for-smart-cities-115060400931_1.html</a>.</p>
<p style="text-align: justify; "><strong>[11]</strong> See: <a class="external-link" href="http://www.longfinance.net/groups7/viewdiscussion/72-financing-financing-tomorrow-s-cities-how-standards-can-support-the-development-of-smart-cities.html?groupid=3">http://www.longfinance.net/groups7/viewdiscussion/72-financing-financing-tomorrow-s-cities-how-standards-can-support-the-development-of-smart-cities.html?groupid=3</a>.</p>
<p style="text-align: justify; "><strong>[12]</strong> See: <a class="external-link" href="http://www.iso.org/iso/iso_technical_committee?commid=656906">http://www.iso.org/iso/iso_technical_committee?commid=656906</a>.</p>
<p style="text-align: justify; "><strong>[13]</strong> See: <a class="external-link" href="http://cityminded.org/wp-content/uploads/2014/11/Patricia_McCarney_PDF.pdf">http://cityminded.org/wp-content/uploads/2014/11/Patricia_McCarney_PDF.pdf</a>.</p>
<p style="text-align: justify; "><strong>[14]</strong> See: <a class="external-link" href="http://www.iso.org/iso/news.htm?refid=Ref1877">http://www.iso.org/iso/news.htm?refid=Ref1877</a>.</p>
<p style="text-align: justify; "><strong>[15]</strong> See: <a class="external-link" href="http://smartcitiescouncil.com/article/new-iso-standard-gives-cities-common-performance-yardstick">http://smartcitiescouncil.com/article/new-iso-standard-gives-cities-common-performance-yardstick</a>.</p>
<p style="text-align: justify; "><strong>[16]</strong> See: <a class="external-link" href="http://smartcitiescouncil.com/article/dissecting-iso-37120-why-new-smart-city-standard-good-news-cities">http://smartcitiescouncil.com/article/dissecting-iso-37120-why-new-smart-city-standard-good-news-cities</a>.</p>
<p style="text-align: justify; "><strong>[17]</strong> See: <a class="external-link" href="http://www.iso.org/iso/catalogue_detail?csnumber=62436">http://www.iso.org/iso/catalogue_detail?csnumber=62436</a>.</p>
<p style="text-align: justify; "><strong>[18]</strong> See: <a class="external-link" href="http://www.cityindicators.org/">http://www.cityindicators.org/</a>.</p>
<p style="text-align: justify; "><strong>[19]</strong> See: <a class="external-link" href="http://www.dataforcities.org/">http://www.dataforcities.org/</a>.</p>
<p style="text-align: justify; "><strong>[20]</strong> See: <a class="external-link" href="http://news.dataforcities.org/2015/12/world-council-on-city-data-and-hatch.html">http://news.dataforcities.org/2015/12/world-council-on-city-data-and-hatch.html</a>.</p>
<p style="text-align: justify; "><strong>[21]</strong> See: <a class="external-link" href="http://news.dataforcities.org/2015/12/world-council-on-city-data-and-hatch.html">http://news.dataforcities.org/2015/12/world-council-on-city-data-and-hatch.html</a>.</p>
<p style="text-align: justify; "><strong>[22]</strong> See: <a class="external-link" href="http://www.iso.org/iso/37120_briefing_note.pdf">http://www.iso.org/iso/37120_briefing_note.pdf</a>.</p>
<p style="text-align: justify; "><strong>[23]</strong> See: <a class="external-link" href="http://www.dataforcities.org/wccd/">http://www.dataforcities.org/wccd/</a>.</p>
<p style="text-align: justify; "><strong>[24]</strong> See: <a class="external-link" href="http://resilient-cities.iclei.org/fileadmin/sites/resilient-cities/files/Webinar_Series/HERNANDEZ_-_ICLEI_Resilient_Cities_Webinar__FINAL_.pdf">http://resilient-cities.iclei.org/fileadmin/sites/resilient-cities/files/Webinar_Series/HERNANDEZ_-_ICLEI_Resilient_Cities_Webinar__FINAL_.pdf</a>.</p>
<p style="text-align: justify; "><strong>[25]</strong> See: <a class="external-link" href="http://www.iso.org/iso/iso_technical_committee?commid=656967">http://www.iso.org/iso/iso_technical_committee?commid=656967</a>.</p>
<p style="text-align: justify; "><strong>[26]</strong> See: <a class="external-link" href="https://www.iso.org/obp/ui/#iso:std:iso:ts:37151:ed-1:v1:en">https://www.iso.org/obp/ui/#iso:std:iso:ts:37151:ed-1:v1:en</a>.</p>
<p style="text-align: justify; "><strong>[27]</strong> See: <a class="external-link" href="http://www.iso.org/iso/home/news_index/news_archive/news.htm?refid=Ref2001&utm_medium=email&utm_campaign=ISO+Newsletter+November&utm_content=ISO+Newsletter+November+CID_4182720c31ca2e71fa93d7c1f1e66e2f&utm_source=Email%20marketing%20software&utm_term=Read%20more">http://www.iso.org/iso/home/news_index/news_archive/news.htm?refid=Ref2001&utm_medium=email&utm_campaign=ISO+Newsletter+November&utm_content=ISO+Newsletter+November+CID_4182720c31ca2e71fa93d7c1f1e66e2f&utm_source=Email%20marketing%20software&utm_term=Read%20more</a>.</p>
<p style="text-align: justify; "><strong>[28]</strong> See: <a class="external-link" href="http://www.iso.org/iso/37120_briefing_note.pdf">http://www.iso.org/iso/37120_briefing_note.pdf</a>.</p>
<p style="text-align: justify; "><strong>[29]</strong> See: <a class="external-link" href="http://standardsforum.com/isots-37151-smart-cities-metrics/">http://standardsforum.com/isots-37151-smart-cities-metrics/</a>.</p>
<p style="text-align: justify; "><strong>[30]</strong> See: <a class="external-link" href="http://www.iso.org/iso/executive_summary_iso_37150.pdf">http://www.iso.org/iso/executive_summary_iso_37150.pdf</a>.</p>
<p style="text-align: justify; "><strong>[31]</strong> See: <a class="external-link" href="http://standardsforum.com/isots-37151-smart-cities-metrics/">http://standardsforum.com/isots-37151-smart-cities-metrics/</a>.</p>
<p style="text-align: justify; "><strong>[32]</strong> See: <a class="external-link" href="http://cis-india.org/internet-governance/blog/database-on-big-data-and-smart-cities-international-standards">http://cis-india.org/internet-governance/blog/database-on-big-data-and-smart-cities-international-standards</a>.</p>
<p style="text-align: justify; "><strong>[33]</strong> See: <a class="external-link" href="http://smartcitiescouncil.com/article/itu-takes-internet-things-standards-smart-cities">http://smartcitiescouncil.com/article/itu-takes-internet-things-standards-smart-cities</a>.</p>
<p style="text-align: justify; "><strong>[34]</strong> See: <a class="external-link" href="https://www.itu.int/net/pressoffice/press_releases/2015/22.aspx">https://www.itu.int/net/pressoffice/press_releases/2015/22.aspx</a>.</p>
<p style="text-align: justify; "><strong>[35]</strong> See: <a class="external-link" href="http://www.bsigroup.com/en-GB/smart-cities/">http://www.bsigroup.com/en-GB/smart-cities/</a>.</p>
<p style="text-align: justify; "><strong>[36]</strong> See: <a class="external-link" href="http://www.bsigroup.com/en-GB/smart-cities/Smart-Cities-Standards-and-Publication/PAS-181-smart-cities-framework/">http://www.bsigroup.com/en-GB/smart-cities/Smart-Cities-Standards-and-Publication/PAS-181-smart-cities-framework/</a>.</p>
<p style="text-align: justify; "><strong>[37]</strong> See: <a class="external-link" href="http://www.bsigroup.com/en-GB/smart-cities/Smart-Cities-Standards-and-Publication/PD-8101-smart-cities-planning-guidelines/">http://www.bsigroup.com/en-GB/smart-cities/Smart-Cities-Standards-and-Publication/PD-8101-smart-cities-planning-guidelines/</a>.</p>
<p style="text-align: justify; "><strong>[38]</strong> See: <a class="external-link" href="http://www.bsigroup.com/en-GB/smart-cities/Smart-Cities-Standards-and-Publication/PAS-182-smart-cities-data-concept-model/">http://www.bsigroup.com/en-GB/smart-cities/Smart-Cities-Standards-and-Publication/PAS-182-smart-cities-data-concept-model/</a>.</p>
<p style="text-align: justify; "><strong>[39]</strong> See: <a class="external-link" href="http://www.iso.org/iso/smart_cities_report-jtc1.pdf">http://www.iso.org/iso/smart_cities_report-jtc1.pdf</a>.</p>
<p style="text-align: justify; "><strong>[40]</strong> See: <a class="external-link" href="http://www.bsigroup.com/en-GB/smart-cities/Smart-Cities-Standards-and-Publication/PAS-180-smart-cities-terminology/">http://www.bsigroup.com/en-GB/smart-cities/Smart-Cities-Standards-and-Publication/PAS-180-smart-cities-terminology/</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/adoption-of-standards-in-smart-cities-way-forward-for-india'>https://cis-india.org/internet-governance/blog/adoption-of-standards-in-smart-cities-way-forward-for-india</a>
</p>
No publishervanyaOpen StandardsBig DataOpen DataInternet GovernanceSmart Cities2016-04-11T03:04:46ZBlog EntryThe new Guidelines for Computer Related Inventions are a big win for FOSS in India!
https://cis-india.org/a2k/blogs/the-new-guidelines-for-computer-related-inventions-are-a-big-win-for-foss-in-india
<b>India is one of the few countries which permits patenting of software – a monopolization that has only benefited established corporations and largely throttled innovation in the software industry, worldwide. CIS has consistently advocated against patentablity of software and in a major victory last week, software patenting in India died a little more. This happened via the newly issued Guidelines for the Examination of Computer Related Inventions, which introduces a new test to restrict software patenting – in essence the same legal test that CIS had been proposing since 2010. This post highlights the new test and other noteworthy changes in the Guidelines. </b>
<p> </p>
<p>When
the Guidelines for examination of Computer Related Inventions(“
2015 Guidelines”) were released last year, it became <a href="http://www.livemint.com/Industry/XGBbgNllmvuEUhJWs2cWgK/Revised-guidelines-for-software-patents-put-on-hold.html">obvious
that they would have an adverse impact on innovation in the Indian
software industry</a>. Further, the 2015 Guidelines were legally
defective since they ran counter to the object of Section 3(k) of the
Patents Act, 1970, which is to unconditionally exclude mathematical
and business methods, computer programs per se, and algorithms from
patentable subject matter. To stop and prevent egregious harms, <a href="http://sflc.in/wp-content/uploads/2015/09/Letter_CRIGuidelines2015-Prime-Minister.pdf">civil
society organisations collectively wrote to the Prime Minister's
Office</a> flagging off the defects and requested for a recall of the
Guidelines. In
December 2015, the Indian Patent Office <a href="http://cis-india.org/a2k/blogs/guidelines-for-examination-of-computer-related-inventions-in-abeyance">promptly
recalled the 2015 Guidelines</a> and held a consultation to discuss
the concerns raised in the letter.</p>
<p>Based
on submissions by various stakeholders, the Patent Office released a
<a href="http://ipindia.nic.in/iponew/GuidelinesExamination_CRI_19February2016.pdf">new
set of Guidelines</a>(“Guidelines”), which are not only a
staggering improvisation from all previous versions, but also
introduce a new three step test to determine applicability of section
3(k), an area of Indian patent law that has been notoriously full of
uncertainties:</p>
<blockquote>
<p>5.
Tests/ Indicators to determine Patentability of CRIs (“Computer
Related inventions”):</p>
<p>Examiners
may rely on the following three stage test in examining CRI
applications:</p>
<p>(1)
Properly construe the claim and identify the actual contribution;</p>
<p>(2)
If the contribution lies only in mathematical method, business method
or algorithm, deny the claim;</p>
<p>(3)
If the contribution lies in the field of computer programme, check
whether it is claimed in conjunction with a novel hardware and
proceed to other steps to determine patentability with respect to the
invention. The computer programme in itself is never patentable. If
the contribution lies solely in the computer programme, deny the
claim. If the contribution lies in both the computer programme as
well as hardware, proceed to other steps of patentability.</p>
</blockquote>
<p> </p>
<p>CIS
had proposed the exact same test in its <a href="http://cis-india.org/a2k/blogs/cis-submission-draft-patent-manual-2010">earlier
submissions(2010)</a> to the Patent Office, albeit worded differently. We
submitted:</p>
<blockquote>
<p><em>"We
propose a new part to the above test to make the clause clearer. The
Manual should specify that “the computer programme portions of any
claimed invention should be treated as if it were covered by prior
art and patentability should thus be determined with respect to the
other features of the invention”. This way, we can ensure that an
invention which merely uses or implements a computer programme is not
granted patent on the basis of the inventiveness of the computer
programme </em>per
se<em>."</em></p>
</blockquote>
<p>Further,
the Guidelines also recognise that CRIs may fall under sections 3(k), 3(l), 3(m) and 3(n):</p>
<blockquote>
<p>2.2. The Patents (Amendment) Act, 2002 also introduced explicit exclusions from patentability under section 3 for CRIs as under:</p>
<p>3(k)
a mathematical or business method or a computer programme per se or
algorithms;</p>
<p>(l)
a literary, dramatic, musical or artistic work or any other aesthetic
creation whatsoever including cinematographic works and television
productions;</p>
<p>(m)
a mere scheme or rule or method of performing mental act or method of
playing game;</p>
<p>(n)
a presentation of information;</p>
</blockquote>
<p>And thus CRIs as such cannot be patentable, if they fall in either of the above
mentioned exclusions. Overall,
the new Guidelines offer more clarity and stick to the Patents Act,
1970's intention of disqualifying patentability of computer
programmes per se. We will soon post a detailed analysis of the Guidelines. In the meantime, you may read CIS' research on the subject in the section below.</p>
<h3><br /></h3>
<h3>CIS' Research and Submissions against Software Patenting<br /></h3>
<p>Over
the past years, CIS has produced research and consistently made
submissions advocating the roll- back of software patenting:</p>
<p><a name="parent-fieldname-title4"></a><a href="http://cis-india.org/a2k/blogs/arguments-against-software-patents">Arguments
Against Software Patents in India, 2010</a></p>
<p><a name="parent-fieldname-title"></a><a href="http://cis-india.org/a2k/blogs/cis-submission-draft-patent-manual-2010">CIS
Submission on Draft Patent Manual, 2010</a></p>
<p><a name="parent-fieldname-title1"></a><a href="http://cis-india.org/a2k/blogs/comments-on-draft-guidelines-for-computer-related-inventions">Comments
on the Draft Guidelines for Computer Related Inventions, 2013</a></p>
<p><a name="parent-fieldname-title3"></a><a href="http://cis-india.org/a2k/blogs/guidelines-for-examination-of-computer-related-inventions">Guidelines
for Examination of Computer Related Inventions: Mapping the
Stakeholders' Response</a>, 2014</p>
<p><a name="parent-fieldname-title2"></a><a href="http://cis-india.org/a2k/blogs/comments-on-the-guidelines-for-examination-of-computer-related-inventions-cris">Comments
on the Guidelines for Examination of Computer Related Inventions
(CRIs), 2015</a></p>
<p><a href="http://cis-india.org/a2k/blogs/cis-submission-to-indian-patent-office-on-examples-of-excluded-patentable-subject-matter-under-section-3-k-for-incorporation-in-the-yet-to-be-released-guidelines-for-computer-related-inventions">CIS'
submission to Indian Patent Office on Examples of Excluded Patentable
subject-matter under Section 3(k) for incorporation in the
yet-to-be-released Guidelines for Computer Related Inventions</a>,
2016</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/the-new-guidelines-for-computer-related-inventions-are-a-big-win-for-foss-in-india'>https://cis-india.org/a2k/blogs/the-new-guidelines-for-computer-related-inventions-are-a-big-win-for-foss-in-india</a>
</p>
No publishersinhaFeaturedPatentsAccess to KnowledgeSoftware Patents2016-02-24T06:30:37ZBlog Entry