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Problems Remain with Standing Committee's Report on Copyright Amendments
https://cis-india.org/a2k/blogs/sc-report-on-amendments
<b>The Rajya Sabha Standing Committee on Human Resource Development (under which ministry copyright falls) recently tabled their report on the Copyright (Amendment) Bill, 2010 before Parliament. There is much to be applauded in the report, including the progressive stand that the Committee has taken on the issue of providing access by persons with disabilities. This post, however, will concern itself with highlighting some of the problems with that report, along with some very important considerations that got missed out of the entire amendment debate.</b>
<h2 id="internal-source-marker_0.7517305351026772">Fair Dealings and Intermediary Liability</h2>
<p>The
amendments make a number of changes to s.52(1) of the Act, including to
the fair dealing provisions under s.52(1)(a), and introduction of two
new sub-sections (s.52(1)(b) and (c)) with s.52(1)(c) introducing a
modicum of protection for intermediaries involved in "transient and
incidental storage for the purpose of providing electronic links, access
or integration" (but only if the copyright holder has not expressed any
objections, and if the intermediary believes it to be non-infringing).
The provision allows the intermediary to ask the person complaining
against it to provide a court order within 14 days, since the
intermediary is in no position to determine the judicial question of
whether the copyright holder holds copyright and if the third party has
violated that copyright. However this provision was opposed tooth and
nail by the copyright holders' associations that dominated the
representations, while intermediaries and consumers remained woefully
under-represented before the Standing Committee.</p>
<p>Predictably,
the Standing Committee dealt a blow against intermediaries and
consumers by asking the government to review the "viability of the
duration of 14 days... by way of balancing the views of the stakeholders
as well as the legal requirement in the matter". They recommended a
relatively minor change of changing the phrase "transient and
incidental" to "transient or incidental". By doing this, they failed to
address the concerns raised by Yahoo India, Google India, and also
failed to acknowledge the submissions made by 22 civil society
organizations (available here:
http://cis-india.org/advocacy/ipr/upload/copyright-bill-submission).</p>
<p> </p>
<h2>Technological Protection Measures and Rights Management Information Provision</h2>
<p>The
amendments aim to bring about two new criminal provisions, and seek to
make circumvention of technological protection measures (digital locks)
and alteration of rights management information (which are embedded into
digital files and signals) illegal.</p>
<p>The Standing Committee heard a number of organizations on technological protection measures, which <a href="https://cis-india.org/a2k/blogs/tpm-copyright-amendment">we had argued</a>
are harmful as they a) cannot distinguish between fair dealing and
infringement, and b) are harmful even if a legal right to circumvent for
fair dealings is provided because the technological means to circumvent
doesn't necessarily exist. (Imagine a law that says that breaking a
lock using lock-breaking implements isn't a crime if it is done to enter
into your own house. Such a law doesn't help you if you can't get your
hands on the lock-breaking implements in the first place.) The Indian
Broadcasting Federation, the Business Software Alliance, and the Motion
Picture Association (which represents six studios, all American), the
Indian Music Industry, and the Indian Performing Right Society Limited
all felt that this provision did not go far enough. The Motion Picture
Association, for instance, wants not just controls over that which
copyright covers</p>
<p>Yahoo
India and Google India on the other hand thought that provision went
too far. Google made it clear that they thought having criminal
repercussions for circumvention was clearly disproportionate. Thus, a
clearer split is established between old media companies; the old media
companies clutching on to straws that they feel will save them from
adapting their business practices to the digital environment, and online
companies that understand the digital environment better having a
markedly different idea.</p>
<p>Currently
section 65B (read with the definition of "Rights Management
Information" in section 2(xa)) of the proposed amendments ensures that
Rights Management Information cannot be used to spy on users. The Indian
Reprographic Rights Organization however believes that this is wrong:
it believes that copyright owners should have the ability to track users
without their consent. Yahoo India, on the other hand, believes that
this is a harmful provision, and state that "the imposition of criminal
and monetary liability could adversely affect consumers", and cites the
instance of difficulties that would be faced by "entities engaged in
creating copies of any copyright material into a format specially
designed for persons suffering from disability" because of the language
of the provision that requires knowledge instead of intention. The
committee responds to this by summing up with a tautology, stating:</p>
<blockquote>
<p>The
Committee is of the view that the parties responsible for distribution
or broadcasting or communication to the public through authorized
licence from the author or rights holder and who do not remove any
rights management information deliberately for making unauthorized
copies need not worry about this provision as long as their act is as
per the framework of this provision.</p>
</blockquote>
<h2><br /></h2>
<h2>Implications of Standing Committee's Report Unclear</h2>
<p>Many of the comments made by the Standing Committee are unclear. On compulsory licensing, the committee states:</p>
<blockquote>The
Committee also takes note of the proposed amendments in section 31 A
relating to compulsory licence in unpublished Indian works. The
provision of compulsory licence for orphaned works available under this
section is proposed to be extended to published works as well. Like in
the case of section 31, extension of applicability to all foreign works
(including film, DVDs, etc.) could be violative of Berne Convention and
TRIPS Agreement and seem to fall short of the minimum obligations
imposed by such instruments. The Committee is of the view that future
implication of proposed amendment in Section 31A vis-à-vis India's
commitment to international agreement needs to be free from any
ambiguity so as to prevent any negative fallout.<br /></blockquote>
<p>However,
the usage of the phrase "could be violative" leaves it unclear whether
the Standing Committee believes the proposed amendments to be violative
of the TRIPS Agreement or not. All that the Standing Committee says is
that the provision needs to be unambiguous, and that TRIPS compliance
must be ensured. That word of caution does not directly rebut the
government's contention that the proposed amendment is TRIPS-compliant.</p>
<p>Similarly,
the Committee's views on increase of copyright term for cinematograph
films is unclear. While commenting on the clause that introduces the
term increase (as part of the proposal to include the principal director
as an author of the film along with the producer), the Committee
states:</p>
<blockquote>It,
therefore, recommends that the proposal to include principal director
as author of the film along with producer may be dropped altogether.<br /></blockquote>
<p>While
this presumably means that the proposal to increase term is also being
rejected, that is not made clear by the Committee's comments.</p>
<h2><br /></h2>
<h2>Increased Copyright Duration, Expansive Moral Rights and Other Negative Changes</h2>
<p>In
the submission of CIS and twenty-one other civil society organizations
to the Standing Committee, we highlighted all of the below concerns.
However, our submission was not tabled before the Standing Committee
for reasons unknown to us.</p>
<ul><li><strong>WCT
and WPPT compliance</strong>: India has not signed either of these two treaties,
which impose TRIPS-plus copyright protection, but without any
corresponding increase in fair dealing / fair use rights. Given that
the Standing Committee has recommended against some aspects of WCT
compliance (such as the move to change "hire" to "commercial rental")
and that without such changes India cannot be a signatory to the WCT, it
is unclear why other forms of WCT compliance (such as TPMs) should be
implemented.</li><li><strong>Increase
in duration of copyright</strong>: The duration of copyright of photographs and
video recordings is sought to be increased. The term of copyright for photographs is being increased from sixty years from creation to sixty years from death of the photographer. This will
significantly reduce the public domain, which India has been arguing for
internationally, especially through its push for the Development Agenda at the World Intellectual Property Organization.<br /></li><li><strong>Moral
rights</strong>: Changes have been made to author’s moral rights (and
performer’s moral rights have been introduced) but these have been made
without requisite safeguards.</li><li><strong>Version
recordings</strong>: The amendments make cover version much more difficult to
produce, and while the Standing Committee has addressed the concerns of
some in the music industry, it hasn't addressed the concerns of artists
and consumers.</li></ul>
<h2><br /></h2>
<h2>Criminal Provisions, Government Works, and Other Missed Opportunities</h2>
<p>The
following important changes should have been made by the government,
but haven't. While on some issues the Standing Committee has gone
beyond the proposed amendments, it hasn't touched upon any of the
following, which we believe are very important changes that are required
to be made.</p>
<ul><li><strong>Criminal
provisions</strong>: Our law still criminalises individual, non-commercial
copyright infringement. This has now been extended to the proposal for
circumvention of Technological Protection Measures and removal of Rights
Management Information also.</li><li><strong>Government
works:</strong> Taxpayers are still not free to use works that were paid for by
them. This goes against the direction that India has elected to march
towards with the Right to Information Act. A simple amendment of
s.52(1)(q) would suffice. The amended subsection would except "the
reproduction, communication to the public, or publication of any
government work" as being non-infringing uses.</li><li><strong>Copyright
terms</strong>: The duration of all copyrights are above the minimum required by
our international obligations, thus decreasing the public domain which
is crucial for all scientific and cultural progress.</li><li><strong>Educational exceptions</strong>: The exceptions for education still do not fully embrace distance and digital education.</li><li><strong>Communication
to the public</strong>: No clear definition is given of what constitute a
‘public’, and no distinction is drawn between commercial and
non-commercial ‘public’ communication.</li><li><strong>Internet
intermediaries</strong>: More protections are required to be granted to Internet
intermediaries to ensure that non-market based peer-production projects
such as Wikipedia, and other forms of social media and grassroots
innovation are not stifled.</li><li><strong>Fair
dealing and fair use</strong>: We would benefit greatly if, apart from the
specific exceptions provided for in the Act, more general guidelines
were also provided as to what do not constitute infringement. This would
not take away from the existing exceptions.</li></ul>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/sc-report-on-amendments'>https://cis-india.org/a2k/blogs/sc-report-on-amendments</a>
</p>
No publisherpraneshAccess to KnowledgeCopyrightIntellectual Property RightsIntermediary LiabilityTechnological Protection Measures2011-09-06T07:50:12ZBlog EntryNovember 2010 Bulletin
https://cis-india.org/about/newsletters/november-2010-bulletin
<b>Greetings from the Centre for Internet and Society! </b>
<h3><b>News Updates</b></h3>
<ul>
<li style="text-align: justify; ">The internet’s new billion: New web users — in countries like Brazil and China — are changing the culture of the internet.<a href="http://bit.ly/hKUb5n" target="_blank"><br />http://bit.ly/hKUb5n</a></li>
</ul>
<ul>
<li style="text-align: justify; ">‘Piracy is now a mainstream political phenomenon': “Piracy has become a mainstream political phenomenon,” said Sunil Abraham, executive director of the Centre for Internet and Society in the city. The piracy that he was referring to was not the piracy of the high seas but the piracy of intellectual property.<a href="http://bit.ly/gMC1Br" target="_blank"><br />http://bit.ly/gMC1Br</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Open standards policy in India: A long, but successful journey: Last week, India became another major country to join the growing, global open standards movement. After three years of intense debate and discussion, India's Department of IT in India finalized its Policy on Open Standards for e-Governance, joining the ranks of emerging economies like Brazil, South Africa and others. This is a historic moment and India's Department of Information Technology (DIT) deserves congratulations for approving a policy that will ensure the long-term preservation of India's e-government data.<a href="http://bit.ly/dGo6Qo" target="_blank"><br />http://bit.ly/dGo6Qo</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Information, the world's new capital - Digital Natives: Information is the new capital and currency of the world, Nishant Shah, of the India-based Digital Natives with a Cause, told Bizcommunity.com yesterday, 10 November 2010, as the three-day workshop on digital and internet technologies that brought together young delegates from nine African countries ended in Johannesburg, South Africa. "If the 20th century was the age of the industrial revolution, the 21st century is now actually the age of the knowledge information," Shah said.<a href="http://bit.ly/dpXIKY" target="_blank"><br />http://bit.ly/dpXIKY</a></li>
</ul>
<ul>
<li style="text-align: justify; ">What it means to be a child today: They move seamlessly between reality and virtual reality. The digital landscape they inhabit comprises generations — not of family — but of technology such as Web 2.0, 3G, PS4 and iPhone5. Their world has moved beyond their neighbourhood, school and childhood friends to encompass a 500-channel television universe, the global gaming village, the endless internet. These are the children born in the last decade and half — possibly the first generation that has never known a world without hi-tech.<a href="http://bit.ly/cz3nBJ" target="_blank"><br />http://bit.ly/cz3nBJ</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Report: Digitally Open: Innovation and Open Access Forum, 23 Oct 2010, Doha, Qatar: A summary of the event "Digitally Open: Innovation and Open Access Forum" held in Doha.<a href="http://bit.ly/catHoi" target="_blank"><br />http://bit.ly/catHoi</a></li>
</ul>
<ul>
<li style="text-align: justify; ">DOC 2.0: A Resources Sharing Mela by NGO Documentation Centres: A Resource Sharing Mela and Meet of DCM (Document Centres Meet) at the Centre for Education & Documentation in Domlur, Bangalore.<a href="http://bit.ly/dnwQMf" target="_blank"><br />http://bit.ly/dnwQMf</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Wi-Fi Direct promises range, bandwidth higher than Bluetooth: Sharing, printing and connecting for Wi-Fi devices is going to be more convenient than ever with soon-to-be-launched technology Wi-Fi Direct, which enables devices to connect to each other without a conventional Wi-Fi hub. This article by Ramkumar Iyer was published in the Hindu on 31 October 2010.<a href="http://bit.ly/aUul9f" target="_blank"><br />http://bit.ly/aUul9f</a></li>
<li style="text-align: justify; ">Access to Knowledge in the Age of Intellectual Property: Access to Knowledge in the Age of Intellectual Property charts the rise of the access to knowledge movement, a movement in which Open Society Foundations have played a key role. It maps the vast terrain of legal, cultural, and technical issues that activists and thinkers aligned to the movement negotiate every day.<a href="http://bit.ly/9nkQFM" target="_blank"><br />http://bit.ly/9nkQFM</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Social Mashup!: Save the Date Join us to meet India’s most passionate, innovative, and curious start-up social entrepreneurs for two groundbreaking days of conversations, connections and inspiration. This event will be held on 2-3 December 2010 at the Indian School of Business in Hyderabad.<a href="http://bit.ly/bKKcar" target="_blank"><br />http://bit.ly/bKKcar</a></li>
</ul>
<ul>
<li style="text-align: justify; "> Digitally Open: Innovation and Open Access Forum: Promoting Openness in Today's Digital World<a href="http://bit.ly/961Ieg" target="_blank"><br />http://bit.ly/961Ieg</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Crisis for identity or identity crisis?: The hurry with which the government is pushing its most ambitious project to assign a number (UID) to every citizen without any feasibility study or public debate has raised many questions. <a href="http://bit.ly/8Zt9mf" target="_blank">http://bit.ly/8Zt9mf</a></li>
</ul>
<h3><b>Upcoming Event</b></h3>
<ul>
<li style="text-align: justify; ">Identity, Identification and Media Representation in Video Game Play: An Audience Reception Study: Adrienne Shaw from the Annenberg School of communications, who is a visiting fellow at MICA is giving a public talk on research on representation in video games on 27 November 2010 at the Centre for Internet and Society in Bangalore.<a href="http://bit.ly/909xkU" target="_blank"><br />http://bit.ly/909xkU</a></li>
</ul>
<h2><b>Research</b></h2>
<ul>
<li style="text-align: justify; ">My Bubble, My Space, My Voice Workshop - Perspective and Future<br />The second workshop for the “Digital Natives with a Cause?” research project named “My Bubble, My Space, My Voice” took place at the Link Center of Wits University, in Johannesburg, South Africa from 6 November 2010 to 9 November 2010. Samuel Tettner, Digital Natives Co-cordinator shares his perspective on the workshop.<a href="http://bit.ly/bPX6Xd" target="_blank"><br />http://bit.ly/bPX6Xd</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Archive and Access: Call for Review<br />The Archive and Access research project by Rochelle Pinto, Aparna Balachandran and Abhijit Bhattacharya is a part of the Researchers @ Work Programme at the Centre for Internet and Society, Bangalore. The project that attempts to look at the ways in which the notion of the archive, the role of the archivist and the relationship between the state and private archives that has undergone a transition with the emergence of Internet technologies in India has been put up for public review. <a href="http://bit.ly/d4o809" target="_blank">http://bit.ly/d4o809</a></li>
</ul>
<ul>
<li>Just Where We Like It<br />The micro space for status updates might become the new public space for discussion. Nishant Shah's column on Digital Natives was published in the Sunday Eye of the Indian Express on 21 November 2010.<a href="http://bit.ly/96cK8q" target="_blank"><br />http://bit.ly/96cK8q</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Taking It to the Streets<br />The previous posts in the Beyond the Digital series have discussed the distinct ways in which young people today are thinking about their activism. The fourth post elaborates further on how this is translated into practice by sharing the experience of a Blank Noise street intervention: Y ARE U LOOKING AT ME?<a href="http://bit.ly/ciyiiR" target="_blank"><br />http://bit.ly/ciyiiR</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Talking Back without "Talking Back"<br />The activism of digital natives is often considered different from previous generations because of the methods and tools they use. However, reflecting on my conversations with The Blank Noise Project and my experience in the ‘Digital Natives Talking Back’ workshop in Taipei, the difference goes beyond the method and can be spotted at the analytical level – how young people today are thinking about their activism.<a href="http://bit.ly/bHAvDE" target="_blank"><br />http://bit.ly/bHAvDE</a></li>
</ul>
<ul>
<li style="text-align: justify; ">The 'Beyond the Digital' Directory<br />For the past few months, Maesy Angelina has been sharing the insights gained from her research with Blank Noise on the activism of digital natives. The ‘Beyond the Digital’ directory offers a list of the posts on the research based on the order of its publication.<a href="http://bit.ly/b3TK3C" target="_blank"><br />http://bit.ly/b3TK3C</a></li>
</ul>
<ul>
<li style="text-align: justify; ">First Thing First<br />Studies often focus on how digital natives do their activism in identifying the characteristics of youth digital activism and dedicate little attention to what the activism is about. The second blog post in the Beyond the Digital series reverses this trend and explores how the Blank Noise Project articulates the issue it addresses: street sexual harassment. <a href="http://bit.ly/cM1HFf" target="_blank"><br />http://bit.ly/cM1HFf</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Change has come to all of us<br />The general focus on a digital generational divide makes us believe that generations are separated by the digital axis, and that the gap is widening. There is a growing anxiety voiced by an older generation that the digital natives they encounter — in their homes, schools and universities and at workplaces — are a new breed with an entirely different set of vocabularies and lifestyles which are unintelligible and inaccessible. It is time we started pushing the boundaries of what it means to be a digital native.<a href="http://bit.ly/9J82YY" target="_blank"><br />http://bit.ly/9J82YY</a></li>
</ul>
<h2><b>Accessibility</b></h2>
<ul>
<li style="text-align: justify; ">e-Accessibility Policy Handbook for Persons with Disabilities<br />The Centre for Internet and Society is proud to announce the launch of its first publication, the “e-Accessibility Policy Handbook for Persons with Disabilities" in collaboration with the G3ict (Global Initiative for Inclusive Information Communication Technologies) and ITU (International Telecommunications Union), and sponsored by the Hans Foundation. The handbook is compiled and edited by Nirmita Narasimhan. Dr. Hamadoun I. Toure, Secretary-General, International Telecommunication Union has written the preface, Dr. Sami Al-Basheer, Director, ITU-D has written the introduction and Axel Leblois, Executive Director, G3ict has written the foreword.<a href="http://bit.ly/gfKNYO" target="_blank"><br />http://bit.ly/gfKNYO</a></li>
</ul>
<h2><b>Intellectual Property</b></h2>
<ul>
<li>Statement of CIS on the Work of the Committee in the 21st SCCR<br />The twenty-first session of the Standing Committee on Copyright and Related Rights was held in Geneva from 8 to 12 November 2010. Nirmita Narasimhan attended the conference and represented the Centre for Internet and Society.<a href="http://bit.ly/fJVNPI" target="_blank"><br />http://bit.ly/fJVNPI</a></li>
</ul>
<ul>
<li>We’ve All Got Some Baggage<br />America’s newest trade agreement is not going to kill only iPods. The article appeared in the Tehelka Magazine Vol 7, Issue 45, Dated November 13, 2010 <a href="http://bit.ly/cVrpWd" target="_blank"><br />http://bit.ly/cVrpWd</a></li>
</ul>
<h2><b>Internet Governance</b></h2>
<ul>
<li style="text-align: justify; ">Consumer Privacy - How to Enforce an Effective Protective Regime?<br />In a typical sense, when people think of themselves as consumers, they just think about what they purchase, how they purchase and how they use their purchase. But while doing this exercise we are always exchanging personally identifiable information, and thus our privacy is always at risk. In this blog post, Elonnai Hickok and Prashant Iyengar through a series of questions look through the whole concept of consumer privacy at the national and international levels. By placing a special emphasis on Indian context, this post details the potential avenues of consumer privacy in India and states the important elements that should be kept in mind when trying to find at an effective protective regime for consumer privacy.<a href="http://bit.ly/eEs5Qx" target="_blank"><br />http://bit.ly/eEs5Qx</a></li>
</ul>
<ul>
<li style="text-align: justify; ">CIS Responds to Privacy Approach Paper<br />A group of officers was created to develop a framework for a privacy legislation that would balance the need for privacy protection, security, sectoral interests, and respond to the domain legislation on the subject. Shri Rahul Matthan of Tri Legal Services prepared an approach paper for the legal framework for a proposed legislation on privacy. The approach paper is now being circulated for seeking opinions of the group of officers and is also being placed on the website of the Department of Personnel and Training for seeking public views on the subject. The Privacy India team at CIS responded to the approach paper and has called for the need for a more detailed study of statutory enforcement models and mechanisms in the creation of privacy legislation.<a href="http://bit.ly/eVTwVC" target="_blank"><br />http://bit.ly/eVTwVC</a></li>
<li style="text-align: justify; ">Privacy and Banking: Do Indian Banking Standards Provide Enough Privacy Protection<br />Banking is one of the most risky sectors as far as privacy is concerned due to the highly sensitive and personal nature of information which is often exchanged, recorded and retained. Although India has RBI guidelines and legislations to protect data, this blog post looks at the extent of those protections, and what are the areas that still need to be addressed.<a href="http://bit.ly/flq09V" target="_blank"><br />http://bit.ly/flq09V</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Privacy and Telecommunications: Do We Have the Safeguards?<br />All of you often come across unsolicited and annoying telemarketing calls/ SMS's, prank calls, pestering calls for payment, etc. Do we have any safeguards against them? This blog post takes a look at the various rules and regulations under Indian law to guard our privacy and confidentiality.<a href="http://bit.ly/hnTwKp" target="_blank"><br />http://bit.ly/hnTwKp</a></li>
</ul>
<ul>
<li>Privacy, Free/Open Source, and the Cloud<br />A look into the questions that arise in concern to privacy and cloud computing, and how open source plays into the picture.<a href="http://bit.ly/awpCyF" target="_blank"><br />http://bit.ly/awpCyF</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Privacy Concerns in Whole Body Imaging: A Few Questions<br />Security versus Privacy...it is a question that the world is facing today when it comes to using the Whole Body Imaging technology to screen a traveller visually in airports and other places. By giving real life examples from different parts of the world Elonnai Hickok points out that even if the Government of India eventually decides to advocate the tight security measures with some restrictions then such measures need to balanced against concerns raised for personal freedom. She further argues that privacy is not just data protection but something which must be viewed holistically and contextually when assessing new policies.<a href="http://bit.ly/9rvQPt" target="_blank"><br />http://bit.ly/9rvQPt</a></li>
</ul>
<ul>
<li style="text-align: justify; ">American Bar Association Online Privacy Conference: A Report<br />On 10 November 2010, I attended an American Bar Association online conference on 'Regulating Privacy Across Borders in the Digital Age: An Emerging Global Consensus or Vive la Difference'. The panelists addressed many important global privacy challenges and spoke about the changes the EU directive is looking to take. <a href="http://bit.ly/dy41zc" target="_blank"><br />http://bit.ly/dy41zc</a></li>
</ul>
<h2><b>Telecom</b></h2>
<ul>
<li style="text-align: justify; ">3G Life<br />You can video chat, stream music and watch TV on your phone. Offering high-speed internet access, 3G would change the world of mobile computing. Nishant Shah's article was published in the Indian Express on 14 November 2010.<a href="http://bit.ly/gyxaW2" target="_blank"><br />http://bit.ly/gyxaW2</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Ideology and ICT Policies<br />For better policies, decision-makers need to know their own and others’ biases, and consider what others are doing, writes Shyam Ponappa in an article published in the Business Standard on 4 November 2010. <a href="http://bit.ly/dbl3Ai" target="_blank"><br />http://bit.ly/dbl3Ai</a></li>
</ul>
<hr />
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<p>
For more details visit <a href='https://cis-india.org/about/newsletters/november-2010-bulletin'>https://cis-india.org/about/newsletters/november-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAW2012-08-07T11:46:10ZPageStatement of CIS on the Work of the Committee in the 21st SCCR
https://cis-india.org/a2k/blogs/sccr-cis-statement
<b>The twenty-first session of the Standing Committee on Copyright and Related Rights was held in Geneva from 8 to 12 November 2010. Nirmita Narasimhan attended the conference and represented the Centre for Internet and Society.</b>
<p>The Centre for Internet and Society is pleased to note the collective intent on the part of member states to find a solution to the lack of accessible reading materials for persons with print disabilities around the world, as evidenced by the number of proposals which have been put forward since the past SCCR. It is clear that member states have been applying their minds to this problem and have presented us with several possible options, which they believe would adequately address this issue. We would however like to take this opportunity to remind them, that disability groups, from both developed and developing countries, who have been grappling with this issue for decades, have been unitedly stressing the urgent need for a legally binding international instrument as the only effective solution to achieve results at a global level.</p>
<p>I would like to very quickly put forward a few thoughts for the consideration of this committee:</p>
<ul>
<li>We believe, that there should be an international treaty harmonising exceptions and limitations for access to reading materials for persons with print disabilities, and that achieving this should be the first priority for work in this committee</li>
<li>Limitations and exceptions are important for promoting access to knowledge, encouraging creativity and furthering the overall development of humankind and hence, should be the subject matter of serious discussions at WIPO; WIPO should play an important role in the development of international copyright law to facilitate greater access to knowledge and information, especially in the context of digital technologies</li>
</ul>
<ul>
<li>Limitations and exceptions on all issues which further the development Agenda of WIPO, including exceptions for the print disabled, education, libraries and other issues, must be discussed amongst member states without delay in the forthcoming meetings of this committee</li>
<li>We feel that there may be some merit in reserving separate sessions for discussing each issue, since this would facilitate more focused and comprehensive deliberations in an expeditious manner</li>
</ul>
<p>Hence, we would like to urge member states to begin work on all these issues, ordering them on the basis of their maturity, with a view to achieving concrete outcomes, which should be informed by the collective wisdom of stakeholders affected by these instruments as to what are the ground realities prevailing in their countries.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/sccr-cis-statement'>https://cis-india.org/a2k/blogs/sccr-cis-statement</a>
</p>
No publishernirmitaIntellectual Property RightsAccess to Knowledge2014-05-29T06:57:29ZBlog EntryWe’ve All Got Some Baggage
https://cis-india.org/a2k/blogs/some-baggage
<b>America’s newest trade agreement is not going to kill only iPods. The article appeared in the Tehelka Magazine Vol 7, Issue 45, Dated November 13, 2010
</b>
<p><b>EARLIER LAST</b> week, a group of renowned academics in the United States wrote a letter to President Obama criticising his administration for the secrecy with which a new trade agreement, the Anti-Counterfeiting Trade Agreement (ACTA), was being negotiated. They argued that the agreement that has immense public interest implications, including freedom of speech and expression, privacy, access to medicines and access to technology, has been conducted only with the interests of large corporations in mind. The first official release of the draft text of this treaty took place only in April 2010, and since then there has not been a single public meeting to invite comments on the text. So what is the deal on ACTA, also known in some circles as the ‘iPod killer’ agreement, and why should we in India be concerned about it? To get a sense of the importance of ACTA, it would be useful to understand briefly the history of negotiations on multilateral agreements on intellectual property.</p>
<p>The establishment of the World Trade Organisation (WTO) and the successful conclusion of the negotiations of the TRIPS agreement set a minimum standard for intellectual property laws across the world. In the absence of an international standard, countries have far more flexibility in creating national laws that may be more suited to the development or technological needs of their society, and this is especially for developing countries hoping to create indigenous technological capabilities.</p>
<p>The best example of this perhaps is the rise of the generic pharmaceutical industry in India. Till the Patent Amendment in 2005, India did not recognise the grant of a product patent for drugs, and only allowed a process patent. This enabled pharmaceutical companies in India to import expensive drugs, reverse engineer them and create cheaper alternatives. And it is through this that India became a country that not only produced affordable medicines, but also exported them to many other countries, particularly in Africa.</p>
<p>After India became a member of the WTO and a signatory to the TRIPS agreement, it was obliged to change its patent laws to recognise product patents on drugs. It is clear then that the establishment of a multilateral venue for the creation of common norms can often act against the interests of developing countries that have much less of a bargaining power. This was particularly true in the early days of the WTO.</p>
<p>However, as countries like India, China and Brazil grew in strength and others also started getting a better sense of how developing countries could play the multilateral game, the very mode that was supposed to guarantee the protection of the interests of the global north became the basis through which other countries started articulating their own concerns. In 2004 for instance, the World Intellectual Property Organisation (WIPO) adopted a proposal for the establishment of a Development Agenda. This declaration proposed by Brazil and Argentina and supported by many countries of the southern hemisphere sought to bring development concerns into the agenda of the WIPO, thereby limiting the absolute rights of owners of intellectual property and argued for a more equitable global IP regime.</p>
<p>Two weeks after WIPO’s September 2007 adoption of the Development Agenda, the US, European and Japanese officials announced that they would seek to negotiate a new agreement in order to “set a new, higher benchmark for enforcement that countries can join on a voluntary basis”. Thus began the negotiations around the Anti-Counterfeiting and Trade Agreement.</p>
<p>ACTA is a new and separate international agreement dedicated to the enforcement of intellectual property. While some alleged that it was an effort to address existing limitations in the TRIPS agreement, it actually creates a wide range of policing powers. The two biggest concerns about ACTA include the creation of a new global IP enforcement regime by granting powers to customs officials to act as watchdogs for IP infringement. This essentially means that customs officials have the right to inspect any electronic device, including computers, hard drives and music devices, for copyright infringing materials. A scary proposition for anyone who travels. While apparently there are discussions over whether personal use items will be exempt, the fact that the agreement is being negotiated in such secrecy means that we don’t really know what the implications actually are. The second area of concern is the fact that ACTA dramatically intervenes in the creation of Internet policy — notably in regard to the liability of ISPS, search engines and other third parties to charges of ‘contributory’ infringement.</p>
<div class="pullquote">A pirated DVD is very different from a spurious drug, which is very different from a fake Gucci bag, and yet ACTA treats them all alike</div>
<p><b>THE PRIMARY</b> supporters of ACTA include the US, the European Union, Japan, Germany, Switzerland, Australia, South Korea, Canada, New Zealand, Jordan, Morocco, Singapore and the UAE. Notably absent are many of the industrialised middleincome countries that have been the principal targets of the US and European enforcement concern in the past decade: Brazil, India, Russia, South Africa and China.</p>
<p>ACTA introduces a confusing language that deliberately attempts to bring things together that are not related. A pirated DVD is very different from a spurious drug, which is very different from a fake Gucci bag, and yet ACTA brings them all under the ambit of counterfeit goods. The negotiations of ACTA highlight the fact that the US and some countries in Europe have realised that multilateral venues like the WTO and WIPO are no longer the happy hunting grounds of hegemonic aspirations, and that it makes more sense now to have an agreement that is initiated by powerful countries who then use a bilateral mode of coercion to have countries sign on and then make it a multilateral agreement.</p>
<p>The classic mode of coercion, followed for instance by the US, has been the annual United States Trade Representative (USTR) reports that rank countries on the basis of their IP enforcement. Based on their assessment, they place countries on different watch lists, and these are backed by trade sanctions against a country. India and China have consistently made it to the priority watch list for the past 10 years, and using a carrotand- stick approach, the USTR makes recommendations for changes in national laws. It seems the failure to create norms at multilateral forums necessitated the creation of forums like ACTA, which when combined with the USTR, are used to exert pressure that can convert countries resistant to a dominant IP system into accepting higher norms on a voluntary basis.</p>
<p>Read the original <a class="external-link" href="http://www.tehelka.com/story_main47.asp?filename=Ne131110We_ve_All.asp">here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/some-baggage'>https://cis-india.org/a2k/blogs/some-baggage</a>
</p>
No publisherlawrenceIntellectual Property RightsAccess to Knowledge2014-05-29T07:22:29ZBlog EntryOctober 2010 Bulletin
https://cis-india.org/about/newsletters/october-2010-bulletin
<b>Greetings from the Centre for Internet and Society! </b>
<h3><b>News Updates</b></h3>
<ul>
<li>Internet, szabadon<br />A polgárjogi aktivisták konfrontálódtak és panaszkodtak, a Google és a Facebook hárított és panaszkodott az Internet at Liberty konferencián, amelyet kedden és szerdán rendezett a Google és a CEU Budapesten.<a href="http://bit.ly/dwNhRw"><br />http://bit.ly/dwNhRw</a></li>
<li>Hogyan szűrik a kormányok az internetes tartalmakat?<br />Az internet szabadságáról tartanak háromnapos konferenciát Budapesten a Google és a Közép-Európai Egyetem (CEU) szervezésében. Kedden az internetes tartalmak szűrése volt a legfontosabb téma a rendezvényen.<a href="http://bit.ly/aFApER"><br />http://bit.ly/aFApER</a></li>
<li>Konferencia az internetes szólásszabadságról Budapesten<br />Az internet és szólásszabadság viszonyát vitatják meg Budapesten, a Közép-Európai Egyetem és a Google szervezte, háromnapos konferencián<a href="http://bit.ly/9evwE4"><br />http://bit.ly/9evwE4</a></li>
<li>How the UID project can be a cause for concern<br />The Unique Identification Authority of India (UIDAI), headed by Nandan Nilekani, is the UPA government's most ambitious project, where one billion Indians are branded with a unique identity number.<a href="http://bit.ly/bl7INY"><br />http://bit.ly/bl7INY</a></li>
<li>In new Facebook features, a comeback for community<br />Nearly 750 tweets bombard the web every second. Internet traffic is growing by 40 per cent a year. People post 2.5 billion photos on Facebook every month. Every minute, 24 hours of video is uploaded on YouTube. But who owns all that data? Until now, big business was in complete control and used the data to monetise operations. But all that is set to change. With Facebook launching two new features, ‘Groups' and a ‘Download your information,' the community is making a comeback.<a href="http://bit.ly/arEi4V"><br />http://bit.ly/arEi4V</a></li>
<li>Stiff Resistance Dogs India's ID Plan <br />An article about the UID project by Indrajit Basu in Asia Times Online.<a href="http://bit.ly/bMcOSs"><br />http://bit.ly/bMcOSs</a></li>
<li>Data Activism and Grassroots Empowerment in India<br />Glover Wright of the Center for Internet and Society talks about Data Activism and Grassroots Empowerment in India at the Innovate/Activate Unconference in New York Law School on 24 September 2010.<a href="http://bit.ly/alnjsn"><br />http://bit.ly/alnjsn</a></li>
</ul>
<h3><b>Upcoming Events</b></h3>
<ul>
<li>Enabling Access to Education through ICT<br />ICT workshop in Delhi....Registrations open! <a href="http://bit.ly/9flyEK"><br />http://bit.ly/9flyEK</a></li>
</ul>
<ul>
<li>Network Culture: Archaeological and Artistic Interventions Public Seminar – Talk by Kristoffer Gansing and Linda Hilfing<br />Kristoffer Gansing and Linda Hilfling will give a talk on Network Culture on 8 November 2010 in the Centre for Internet and Society, Bangalore.<a href="http://bit.ly/cEmOZw"><br />http://bit.ly/cEmOZw</a></li>
</ul>
<h2><b>Research</b></h2>
<ul>
<li style="text-align: justify; ">City in the Internet 1: Geography Imagined (Part 1) <br />“The estuaries that flirt with the land mass before they finally perish in the vast deep blue ocean beyond were perfect in their shape and grace. And you know what; from top it appears like a surreal landscape that is so restive and peaceful, almost heaven. The countryside is actually very beautiful”, says Pratyush Shankar in his latest blog post. A random conversation between two persons discovering the joys of seeing our existence through Google Earth!<a href="http://bit.ly/9klUn1"><br />http://bit.ly/9klUn1</a></li>
</ul>
<ul>
<li>A Digital Native coordinating Digital Natives<br />Samuel Tettner, joined CIS as a Research Coordinator for the Digital Natives project. He has written a blog entry about his experiences in the project.<a href="http://bit.ly/cpJMQq"><br />http://bit.ly/cpJMQq</a></li>
<li>You Are Here<br />Geo-tagging applications are creating new and impromptu communities of true, says Nishant Shah in his column on Digital Natives in the Indian Express.<a href="http://bit.ly/a64kj7"><br />http://bit.ly/a64kj7</a></li>
<li style="text-align: justify; ">નિશાંત શાહ: ડિજિટલ પેઢીનો ઉદય<br />‘ડિજિટલ નાગરિક’ તેમને કહેવામાં આવે છે જેણે સામાન્ય જનજીવનમાં ડિજિટલ ટેક્નોલોજીના પ્રવેશ થઈ ગયા બાદ જન્મ લીધો છે. ડિજિટલ નાગરિકો દરેક જગ્યાએ છે. હવે સમય આવી ગયો છે કે આપણે એ જાણવાનો પ્રયાસ કરીએ કે આ લોકો કોણ છે, તેઓ શું કરી રહ્યા છે, તેઓ પોતાના અંગે શું વિચારે છે અને કેવી રીતે તેઓ કશું પણ જાણ્યા વગર આપણા ભવિષ્યને નવો આકાર આપવાનું કામ કરી રહ્યા છે. (A column by Nishant Shah in the Gujarati newspaper Divya Bhaskar)<a href="http://bit.ly/9HnyBa"><br />http://bit.ly/9HnyBa</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Digital Natives with a Cause?— Workshop in South Africa—FAQs<br />The second international Digital Natives Workshop "My Bubble, My Space, My Voice" will be held in Johannesburg from 7 to 9 November 2010. Some frequently asked questions regarding the upcoming workshop are answered in this blog entry.<a href="http://bit.ly/c1XJHO"><br />http://bit.ly/c1XJHO</a></li>
</ul>
<ul>
<li style="text-align: justify; ">The silent rise of the Digital Native<br />In late August, this year, the world shook for many when they went online (on their computers, PDAs, iPads, laptops) and realised that the comfortable zone of talking, chatting, sharing and doing just about everything else, had suddenly, without a warning, changed overnight (or afternoon, or morning, depending upon the time-zone they lived in). With a single change in its privacy and location settings, Facebook, home to billions of internet hours consisting of relationships, friendships, professional networks, social gaming, entertainment trivia, memories and exchanges, allowed its users to geo-tag themselves when on-the-move.<a href="http://bit.ly/bHY72Y"><br />http://bit.ly/bHY72Y</a></li>
</ul>
<ul>
<li>The geek shall inherit the earth<br />Demystifying the mysterious -agents changing the world around you...A column on Digital Natives by Nishant Shah in the Indian Express.<a href="http://bit.ly/aq2BqY"><br />http://bit.ly/aq2BqY</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Digital Natives Workshop in South Africa - Call for Participation<br />The African Commons Project, Hivos and the Centre for Internet and Society have joined hands for organising the second international workshop "My Bubble, My Space, My Voice" in Johannesburg from 07 to 09 November 2010. Send in your applications now!<a href="http://bit.ly/d0rl7E"><br />http://bit.ly/d0rl7E</a></li>
</ul>
<h2><b>Telecom</b></h2>
<ul>
<li style="text-align: justify; ">Broad-basing Broadband<br />Education and training through the Internet need Commonwealth Games-like crisis management, says Shyam Ponappa in an article on broadband for education and training published in the Business Standard on 7 October 2010.<a href="http://bit.ly/dnMtpU"><br />http://bit.ly/dnMtpU</a></li>
</ul>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/october-2010-bulletin'>https://cis-india.org/about/newsletters/october-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-08-07T12:02:11ZBlog EntrySeptember 2010 Bulletin
https://cis-india.org/about/newsletters/september-2010-bulletin
<b>Greetings from the Centre for Internet and Society! In this bulletin we bring you updates of our research, news and media coverage and announcement of events organised in the month of September 2010.</b>
<h2><b>News Updates</b></h2>
<ul>
<li style="text-align: justify; ">Conference: Internet at Liberty 2010: This conference is being held in Budapest from 20 to 22 September 2010. It is co-sponsored by Google and Central European University. Sunil Abraham and Anja Kovacs are attending the conference. <a href="http://bit.ly/afo0WY" target="_blank"><br />http://bit.ly/afo0WY</a> </li>
</ul>
<ul>
<li style="text-align: justify; "> INDIA Fears of Privacy Loss Pursue Ambitious ID Project: Fears about loss of privacy are being voiced as India gears up to launch an ambitious scheme to biometrically identify and number each of its 1.2 billion inhabitants. <a href="http://bit.ly/dnJDRu" target="_blank"><br />http://bit.ly/dnJDRu</a> </li>
<li style="text-align: justify; ">Innovate / Activate: The event will be held on 24 and 25 September 2010 at New York Law School. <a href="http://bit.ly/cbICFq" target="_blank">http://bit.ly/cbICFq</a> </li>
<li style="text-align: justify; ">Webinar: Closed for Business: A Global Panel Discusses International Copyright Laws and Their Impact on the Open Internet <a href="http://bit.ly/a3ZFBw" target="_blank"><br />http://bit.ly/a3ZFBw</a> </li>
<li style="text-align: justify; ">The madness of software patents <br />India’s patent law excludes software per se, yet over a thousand patents have been granted, writes Lata Jishnu in an article published in Down to Earth. <a href="http://bit.ly/cpHd7R" target="_blank"><br />http://bit.ly/cpHd7R</a> </li>
<li style="text-align: justify; ">Why piracy is tough to rein in <br />“Video market is being treated as a poor cousin of the film industry” <a href="http://bit.ly/aDUpiY" target="_blank"><br />http://bit.ly/aDUpiY</a> </li>
<li style="text-align: justify; ">Transparency and MDGs: the Role of the Media and Technology <br />Key quotes from sixth panel <a href="http://bit.ly/b3a0YC" target="_blank"><br />http://bit.ly/b3a0YC</a> </li>
<li style="text-align: justify; ">Copyright bill restricts Net access <br />Law to curb piracy may fetter creativity <a href="http://bit.ly/cFj3rD" target="_blank"><br />http://bit.ly/cFj3rD</a> </li>
<li style="text-align: justify; ">科技改變社會 數位原生代計畫 <br />The Chinese language press covered the Digital Natives workshop in Taipei. <a href="http://bit.ly/bPhEO4" target="_blank"><br />http://bit.ly/bPhEO4</a> </li>
<li style="text-align: justify; ">科技改變社會數位原生代掀波 <br />The Chinese press published an article on Digital Natives. <a href="http://bit.ly/bHaQor" target="_blank"><br />http://bit.ly/bHaQor</a> </li>
<li style="text-align: justify; ">Information is Beautiful hacks in India with David Cameron <br />The Prime Minister took some of the UK's top hackers and data experts with him to India this week. David McCandless was with them. <a href="http://bit.ly/dr3AJ2" target="_blank"><br />http://bit.ly/dr3AJ2</a> </li>
</ul>
<hr />
<h2><b>Events</b></h2>
<ul>
<li>International Conference on Enabling Access to Education through ICT: ICT workshop in New Delhi from 27th to 29th October, 2010...Registrations open!<a href="http://bit.ly/9flyEK" target="_blank"><br />http://bit.ly/9flyEK</a> </li>
<li>A Talk by Philipp Schmidt: Philip Schmidt of Peer 2 Peer University will be giving a lecture at the Centre for Internet and Society, Bangalore on 6 October, 2010. <a href="http://bit.ly/aVyzMq" target="_blank"><br />http://bit.ly/aVyzMq</a> </li>
</ul>
<hr />
<h2><b>Research</b></h2>
<ul>
<li style="text-align: justify; ">On Talking Back: A Report on the Taiwan Workshop: What does it mean to Talk Back? Who do we Talk Back against? Are we alone in our attempts or a part of a larger community? How do we use digital technologies to find other peers and stake-holders? What is the language and vocabulary we use to successfully articulate our problems? How do we negotiate with structures of power to fight for our rights? These were the kind of questions that the Talking Back workshop held in the Institute of Ethnology, Academia Sinica in Taiwan from 16 to 18 August 2010 posed. <a href="http://bit.ly/daE4dM" target="_blank"><br />http://bit.ly/daE4dM</a> </li>
<li style="text-align: justify; ">The Binary: City and Nature: A continuation of the last post wherein I am looking at various other representation of the city in both classical and popular medium, today I am writing my views on the analysis of certain Miniature paintings. <a href="http://bit.ly/b5FP5D" target="_blank"><br />http://bit.ly/b5FP5D</a> </li>
<li style="text-align: justify; ">Of the State and the Governments - The Abstract, the Concrete and the Responsive: This post examines the concepts of state and government to lay the ground for understanding responsiveness enforced through transparency discourses and the deployment of ICTs, the Internet and e-governance programmes. It also lays the context for understanding why and how ICTs. Internet and e-governance have been deployed in India for improving government-citizen interfaces, eliminating middlemen, delivering services electronically and for introducing a range of similar reforms to institute transparency and a responsive state. <a href="http://bit.ly/cNLKcY" target="_blank"><br />http://bit.ly/cNLKcY</a> </li>
<li style="text-align: justify; ">The Responsive State --- Introduction to the Series: This post is an introduction to a series of posts on the concept of the 'responsive state'. In this series, I try to explain the various meanings that the term responsiveness has come to acquire when it is used in relation with the discourses surrounding transparency and the deployment of ICTs and the Internet to enforce transparency and thereby create a responsive state. Understanding the notion of responsiveness requires us to revisit and analyze certain concepts and the relations that have been drawn between concepts such as state, government, politics, administration, transparency, effectiveness, government-citizen interface, ICTs and effectiveness, among others. <a href="http://bit.ly/agBOiq" target="_blank"><br />http://bit.ly/agBOiq</a> </li>
<li style="text-align: justify; ">Attentional Capital in Online Gaming: The Currency of Survival <br />This blog post by Arun Menon discusses the concepts of production, labour and race in virtual worlds and their influence on the production of attention as a currency. An attempt is made to locate attentional capital, attentional repositories and attention currencies within gaming to examine 'attention currencies and its trade and transactions in virtual worlds. A minimal collection of attention currencies are placed as central and as a pre-requisite for survival in MMOs in much the same way that real currency become a necessity for survival. The approach is to locate attentional capital through different perspectives as well as examine a few concepts around virtual worlds. <a href="http://bit.ly/aaGZj8" target="_blank"><br />http://bit.ly/aaGZj8</a> </li>
<li style="text-align: justify; ">What's in a Name? Or Why Clicktivism May Not Be Ruining Left Activism in India, At Least for Now: In a recent piece in the Guardian titled “Clicktivism Is Ruining Leftist Activism”, Micah White expressed severe concern that, in drawing on tactics of advertising and marketing research, digital activism is undermining “the passionate, ideological and total critique of consumer society”. His concerns are certainly shared by some in India: White's piece has been circulating on activist email lists where people noted with concern that e-activism may be replacing “the real thing” even in this country. But is the situation in India really this dire? <a href="http://bit.ly/9a3I0G" target="_blank"><br />http://bit.ly/9a3I0G</a> </li>
<li style="text-align: justify; ">Sexuality, Queerness and Internet technologies in Indian context: This blog post lays out the discursive construction of sexuality and queerness as intelligible domains in the Indian context while engaging with ideas of visibility, representation, exclusion, publicness, criminality, difference, tradition, experience, and community that have come into use with the critical responses to queer identities and practices in India. <a href="http://bit.ly/byfPye" target="_blank"><br />http://bit.ly/byfPye</a> </li>
</ul>
<hr />
<h2><b>Accessibility</b></h2>
<p style="text-align: justify; ">Enabling Access to Education through ICT - A Conference in Delhi: The Centre for Internet and Society (CIS), Bangalore in cooperation with the Global Initiative for Inclusive ICT (G3ICT), a flagship advocacy organization of the UN Global Alliance on ICT and Development (UN-GAID), the International Telecommunications Union (ITU), UNESCO, Digital Empowerment Foundation, Society for Promotion of Alternative Computing and Employment and the Deafway Foundation is organizing an international conference, Enabling Access to Education through ICT in New Delhi from 27 to 29 October 2010. The event is sponsored by Hans Foundation. Registration for the conference has begun. <a href="http://bit.ly/bmrkf7" target="_blank"><br />http://bit.ly/bmrkf7</a></p>
<hr />
<h2><b>Access to Knowledge<br /></b></h2>
<ul>
<li style="text-align: justify; ">Pre-grant Opposition Filed for a Software Patent Application by Blackberry Manufacturers: A pre-grant opposition was filed against a software patent application filed in the patent office by Certicom, a wholly owned subsidiary of Research in Motion (RIM), manufacturers of Blackberry. The opposition was filed on August 31, 2010 by the Software Freedom Law Centre which has recently expanded its operations to India. This exciting development was announced by Mishi Choudhary from SFLC on the lines of the seminar on “Software Patents and the Commons” organised on 1 September 2010 in Delhi jointly by SFLC, the Centre for Internet and Society, the Society for Knowledge Commons and Red Hat. Filing more such oppositions to software patents in India was in the pipeline and this is just the beginning of a movement to take on monopolisation of knowledge and ideas through patenting software, the organisers said. <a href="http://bit.ly/9wE1Xs" target="_blank"><br />http://bit.ly/9wE1Xs</a> </li>
<li style="text-align: justify; ">First Post-Bilski Decision - Software Patent Rejected: In the first decision post-Bilski, the Board of Patents Appeals and Interferences (BPAI) rejected a software patent claimed by Hewlett-Packard. The ruling in this case has buttressed the fact that the Bilski decision furthered the cause of narrowing the patentability of software even though the Supreme Court of the United States totally avoided mentioning software patents or the applicability of the machine or transformation test for software patents in its decision. <a href="http://bit.ly/cnPw7E" target="_blank"><br />http://bit.ly/cnPw7E</a></li>
<li style="text-align: justify; ">The Bilski Case - Impact on Software Patents: The Supreme Court of the United States gave its decision in Bilski v Kappos on 28 June, 2010. In this case the petitioners’ patent application sought protection for a claimed invention that explains how commodities buyers and sellers in the energy market can protect, or hedge, against the risk of price changes. The Court in affirming the rejection by the Court of Appeals for the Federal Circuit also held that the machine- or-transformation test is not necessarily the sole test of patentability. The Court’s ruling of abstract ideas as unpatentable and its admission that patents do not necessarily promote innovation and may sometimes limit competition and stifle innovation have provided a ray of hope. In the light of the developments, the Bilski decision as far as patentability of software is concerned may not be totally insignificant, says Krithika Dutta Narayana.<a href="http://bit.ly/bjrPGh" target="_blank"><br />http://bit.ly/bjrPGh</a> </li>
</ul>
<hr />
<h2><b>Openness</b></h2>
<ul>
<li> Free Access to Law—Is it here to Stay? An Environmental Scan Report: The following is a preliminary project report collaboratively collated by the researchers of the "Free Access to Law" research study. This report aims to highlight the trends, as well as the risks and opportunities, for the sustainability of Free Access to Law initiatives in each of the country examined. <a href="http://bit.ly/9VVzkk" target="_blank"><br />http://bit.ly/9VVzkk</a> </li>
<li style="text-align: justify; ">Open Access to Science and Scholarship - Why and What Should We Do?: The National Institute of Advanced Studies held the eighth NIAS-DST training programme on “Multidisciplinary Perspectives on Science, Technology and Society” from 26 July to 7 August, 2010. The theme of the project was ‘Knowledge Management’. Dr. MG Narasimhan and Dr. Sharada Srinivasan were the coordinators for the event. Professor Subbiah Arunachalam made a presentation on Open Access to Science and Scholarship. <a href="http://bit.ly/ciohYy" target="_blank"><br />http://bit.ly/ciohYy</a> </li>
</ul>
<hr />
<h2><b>Internet Governance</b></h2>
<ul>
<li style="text-align: justify; ">Moldova Online: An Interview with Victor Diaconu: In this interview for Russian Cyberspace, set up with the help of Sunil Abraham (Executive Director at the Centre for Internet and Society in Bangalore, India), computer software professional Victor Diaconu explains the nature of Internet use, state control and the development of blogging and social media platforms in Moldova. Victor works at Computaris in Chisinau. He is Moldova educated, and has travelled to several western countries (including lengthy stays to US, UK) to learn about and understand what there is to be done in Moldova. Sudha Rajagopalan interviewed Victor Diaconu. <a href="http://bit.ly/cgIvXT" target="_blank"><br />http://bit.ly/cgIvXT</a> </li>
<li style="text-align: justify; ">Presentation of the UID project by Ashok Dalwai – A Report: On Tuesday, 7 September 2010, Ashok Dalwai, the Deputy Director General of the Unique Identification of India (UIDAI), gave a lecture at the Indian Institute for Science in Bangalore. Representing the UID Authority, his presentation explained the vision of the project and focused on the challenges involved in demographic and biometric identification, the technology adopted, and the enrolment process. Elonnai Hickok gives a report of his presentation in this blog post. <a href="http://bit.ly/aAy5DG" target="_blank"><br />http://bit.ly/aAy5DG</a> </li>
<li style="text-align: justify; ">Beyond Access as Inclusion: On 13 September, the day before the fifth Internet Governance Forum opens, CIS is co-organised in Vilnius a meeting on Internet governance and human rights. One of the main aims of this meeting was to call attention to the crucial, yet in Internet governance often neglected, indivisibility of rights. In this blog post, Anja Kovacs uses this lens to illustrate how it can broaden as well reinvigorate our understanding of what remains one of the most pressing issues in Internet governance in developing countries to this day: that of access to the Internet. <a href="http://bit.ly/cgS9py" target="_blank"><br />http://bit.ly/cgS9py</a> </li>
<li style="text-align: justify; ">Summary of UID Public Meeting, August 25 2010: A summary of the "No UID" public meeting that took place on Aug. 25th at the Constitution Club, New Dehli. <a href="http://bit.ly/9epHTz" target="_blank"><br />http://bit.ly/9epHTz</a> </li>
<li style="text-align: justify; ">No UID Campaign in New Delhi - A Report: The Unique Identification (UID) Bill is not pro-citizen. The scheme is deeply undemocratic, expensive and fraught with unforseen consequences. A public meeting on UID was held at the Constitution Club, Rafi Marg in New Delhi on 25 August, 2010. The said Bill came under scrutiny at the meeting which was organised by civil society groups from Mumbai, Bangalore and Delhi campaigning under the banner of "No UID". The speakers brought to light many concerns, unanswered questions and problems of the UID scheme. <a href="http://bit.ly/97HwbS" target="_blank"><br />http://bit.ly/97HwbS</a> </li>
<li style="text-align: justify; ">Wherever you are, whatever you do: Facebook recently launched a location-based service called Places. Privacy advocates are resenting to this new development. Sunil Abraham identifies the three prime reasons for this outcry against Facebook. The article was published in the Indian Express on 23 August, 2010. <a href="http://bit.ly/adXVjB" target="_blank"><br />http://bit.ly/adXVjB</a> </li>
</ul>
<hr />
<h2><b>Telecom</b></h2>
<ul>
<li>What a highway can do: Despite signs of transformational change, we need more - SOPs and quality <a href="http://bit.ly/deUbmU" target="_blank">http://bit.ly/deUbmU</a></li>
</ul>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/september-2010-bulletin'>https://cis-india.org/about/newsletters/september-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-08-10T07:22:30ZPageSeminar on Software Patent and the Commons
https://cis-india.org/a2k/blogs/softtware-patents-and-the-commons
<b>A pre-grant opposition has been filed against a software patent application filed in the patent office by Certicom, a wholly owned subsidiary of Research in Motion (RIM), manufacturers of Blackberry. The opposition was filed on August 31, 2010 by the Software Freedom Law Centre which has recently expanded its operations to India. This exciting development was announced by Mishi Choudhary from SFLC on the lines of the seminar on “Software Patents and the Commons” organised on 1 September 2010 in Delhi jointly by SFLC, the Centre for Internet and Society, the Society for Knowledge Commons and Red Hat. Filing more such oppositions to software patents in India was in the pipeline and this is just the beginning of a movement to take on monopolisation of knowledge and ideas through patenting software, the organisers said.</b>
<p>Software patent opposition is still in its nascent stage in India while several oppositions have been filed against software patents in the US and the EU. The harmful effects of software patents are little known to the Indian public, especially from the context of its danger to development in small and medium size enterprises, as pointed out by Pranesh Prakash from the Centre for Internet and Society who spoke about why software patents are bad for innovation and development in society and also in the software industry, in particular.</p>
<p>In the same context, Venkatesh Hariharan from Red Hat as also Mr. T.C. James, Director of the National Intellectual Property Organisation spoke about the growing importance of free and open source software in education, governmental agencies and as a key agent in information technology policy making in India. “Out of 500 super computers in the world, 446 are running on Linux”, he said, talking about how open source software makes computing highly accessible and affordable while allowing for improvements to be made to the software by any user and releasing it back to benefit the whole community. Dr. Anshu Bhardwaj involved in the Open Source Drug Discovery project undertaken by CSIR, spoke at length about the project as a live demonstration of the power of open source software in impacting drug access and development and health care reform across communities at highly economical rates.</p>
<p>Prof. Eben Moglen, Executive Director of Software Freedom Law Centre in New York who was the keynote speaker at the conference spoke about the growth of the free software and open source movement based on the principle of equating knowledge with commons – that is, a good to be commonly shared by all members of the public – resulting in access to and sharing of knowledge and distribution of information in society for greater innovation, creation of new ideas, communication and development. Dr. Abhijit Sen, member of the Planning Commission was the other keynote speaker who stressed on the role of the government and the policy making bodies to ensure that knowledge and education is accessible and shared without restrictions in such a way that it is not misused by the members of the society.</p>
<p>Other notable speakers in the event included Prabir Purkayastha from the Society for Knowledge Commons, Pradyut Bora, Chief Convenor of BJP's information and technology cell, Jaijit Bhattacharjee from Hewlett Packard and Sudhir Krishnaswamy, Professor, National University of Juridical Sciences. The event also witnessed the participants discuss the various strategies to be used from the perspective of legal analysis as well as policy reform, for opposing software patents filed or granted in India. Indian patent law clearly declares computer programmes per se or software patents to be unpatentable. Prabir Purkayastha pointed out that the most important and major scientific discoveries in history have not been patented and that this has, in no way prevented new ideas from being created and has in fact fostered such innovation. In spite of such a clear legal restriction on grant of software patents, around 1000 software patents have been filed in the patent offices in India in the last year. This trend is extremely disturbing since it poses a serious threat to access to knowledge and distribution of information in society in addition to stifling innovation and development in the software industry.</p>
<p>The seminar was attended by people from diverse backgrounds including the IT industry, civil society organisations, and groups working in pharma patent advocacy, media persons and government officials.</p>
<h3>Videos</h3>
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For more details visit <a href='https://cis-india.org/a2k/blogs/softtware-patents-and-the-commons'>https://cis-india.org/a2k/blogs/softtware-patents-and-the-commons</a>
</p>
No publisherpraskrishnaIntellectual Property RightsSoftware PatentsAccess to Knowledge2011-10-23T14:22:15ZBlog EntryAugust 2010 Bulletin
https://cis-india.org/about/newsletters/august-2010-bulletin
<b>Greetings from the Centre for Internet and Society. We bring you news and media coverage, research and event updates for the month of August 2010</b>
<h3>News Updates</h3>
<p style="text-align: justify; "><b>RIM Offered Security Fixes<br /> </b>In India Talks, BlackBerry Maker Said It Could Share Metadata, Notes Show<br /> <a href="http://bit.ly/ahT7jD" target="_blank">http://bit.ly/ahT7jD</a><br /> <br /> <b>New Project to Assess Potential of Creating Open Government Data</b> <b>Initiatives in Chile, Ghana and Turkey</b><br /> Steve Bratt, CEO of the World Wide Web Foundation (founded in 2009 by Tim Berners-Lee) has made an announcement on moving forward with a project to assess the potential of creating open government data<br /> initiatives in Chile, Ghana, and Turkey - the first step of what we hope to be a global initiative focusing on low- and middle-income countries.<br /> <a href="http://bit.ly/d337Ex" target="_blank">http://bit.ly/d337Ex</a></p>
<p style="text-align: justify; "><b>Govt and BlackBerry firm wait for the other to hang up</b><br />Sunil Abraham speaks to Archna Shukla on the stand-off between the Government of India and RIM. The news was published in expressindia.com.<br /> <a href="http://bit.ly/cGeipL" target="_blank">http://bit.ly/cGeipL</a><br /> <br /><b>Call, text, email complaint against rogue auto driver</b><br /> Harassed by an auto driver? Helplines give you no relief? Here's the people's way to help you out. Just report your issue online, call or even SMS sitting in a noisy restaurant, and be heard.<br /> <a href="http://bit.ly/atiiGW" target="_blank">http://bit.ly/atiiGW</a><br /> <br /> <b>Call to increase awareness of intellectual property rights<br /> </b>We need more knowledge on IPR itself, says IT Secretary<br /> <a href="http://bit.ly/avxY16" target="_blank">http://bit.ly/avxY16</a><br /> <br /> <b>Civil Society groups urge State Judicial Academy to restructure agenda for Judges' Roundtable meet</b><br /> Some of the Civil Society groups in the country have urged the Maharashtra State Judicial Academy to restructure the agenda for the 'Judges Roundtable on Intellectual Property Rights Adjudication' being held in Mumbai on July 24 and 25 to promote public interest and a deeper understanding of intellectual property amongst judicial officers. FICCI is the joint organiser of the event.<br /> <a href="http://bit.ly/dCDZl0" target="_blank">http://bit.ly/dCDZl0</a><br /> <br /> <b>More Debate on UID Project Needed<br /> </b>A press conference on UID was held at the Press Club in Bangalore on 26 July, 2010. It was co-organised by Citizen's Action Forum, Alternate Law Forum and the Centre for Internet and Society. Mathew Thomas and Vinay Baindur spoke about the UID. Proceedings from the conference was covered in the Hindu on 27 July, 2010.<br /> <a href="http://bit.ly/cSEsaP" target="_blank">http://bit.ly/cSEsaP</a><br /> <br /> <b>UID coverage in Udayavani</b><br /> A press conference was held at the Press Club in Bangalore on 26 July, 2010. It was co-organised by Citizen's Action Forum, Alternate Law Forum and the Centre for Internet and Society. Mathew Thomas and Vinay Baindur were the speakers. Leading Kannada newspaper Udayavani covered this event.<br /> <a href="http://bit.ly/c3AU5s" target="_blank">http://bit.ly/c3AU5s</a></p>
<p style="text-align: justify; "><b>Open is the Future<br /> </b>The third Open World Forum will gather together decision-makers from the open digital world, in Paris. 1,500 participants from 40 countries will come together to analyze the technological, economic and social impact of Open Source, the invisible engine behind the digital revolution. The aim: to interpret future trends and cross-fertilize initiatives.<a href="http://bit.ly/amY9Qc" target="_blank"><br />http://bit.ly/amY9Qc</a></p>
<h3 style="text-align: justify; "><a href="http://bit.ly/amY9Qc" target="_blank">
<hr />
</a>Upcoming Events</h3>
<p style="text-align: justify; "><b>No UID till Complete Transparency, Accountability and People's Participation: A Public Campaign <br /></b>An interactive meeting on UID's lack of a feasibility study, cost involved and dangers of abuse is being held in New Delhi at the Constitution Club Auditorium, Rafi Marg on 25 August, 2010. The meeting is jointly organised by INSAF, PEACE, Citizens' Action Forum, People's Union for Civil Liberties - Karnataka, Slum Janandolana - Karnataka, Alternate Law Forum, The Centre for Internet and Society and concerned individuals.<br /> <a href="http://bit.ly/8YsBIJ" target="_blank">http://bit.ly/8YsBIJ</a></p>
<hr />
<p style="text-align: justify; "><b>Internet Governance and Human Rights: Strategies and Collaborations for Empowerment</b><br />Leading up to the 2010 IGF, The Association for Progressive Communications (APC), Global Partners, the Centre for Internet and Society (CIS) and the Dynamic Coalition on Internet Rights and Principles are hosting, on 13 September 2010 in Vilnius, an event on 'Internet Governance and Human Rights: Strategies and Collaborations for Empowerment'.<br /> <a href="http://bit.ly/aoOkPR" target="_blank">http://bit.ly/aoOkPR</a><br /> <br /> <b>Freedom of Expression or Access to Knowledge: Are We Taking the Necessary Steps Towards an Open and Inclusive Internet?</b><br /> The Centre for Internet and Society is co-organising a workshop on Freedom of Expression or Access to Knowledge: Are We Taking the Necessary Steps towards an Open and Inclusive Internet? at the Internet<br /> Governance Forum on 14 September, 2010.<br /> <a href="http://bit.ly/dl1WRL" target="_blank">http://bit.ly/dl1WRL</a></p>
<hr />
<p style="text-align: justify; "><b>Sexual Rights, Openness and Regulatory Systems</b><br />The Centre for Internet and Society is co-organising a workshop on Sexual Rights, Openness and Regulatory Systems at the Internet Governance Forum on 14 September, 2010.<br /> <a href="http://bit.ly/dl1WRL" target="_blank">http://bit.ly/dl1WRL</a><br /> <br /> <b>Data in the Cloud: Where Do Open Standards Fit In?<br /> </b>The Centre for Internet and Society is co-organising a workshop on Data in the Cloud: Where do Open Standards Fit In? on 16 September, 2010 at the Internet Governance Forum.<br /> <a href="http://bit.ly/94AF4h" target="_blank">http://bit.ly/94AF4h</a><br /> <br /> <b>International Conference on Enabling Access to Education through ICT<br /> </b>The Centre for Internet and Society (CIS), Bangalore in cooperation with the Global Initiative for Inclusive ICT (G3ICT), a flagship advocacy organization of the UN Global Alliance on ICT and Development (UN-GAID), the International Telecommunications Union (ITU), UNESCO, Digital Empowerment Foundation, Society for Promotion of Alternative Computing and Employment and the Deafway Foundation is organizing an international conference, Enabling Access to Education through ICT in New Delhi from<br /> 27th to 29th October, 2010....Registrations to begin soon!<br /> <a href="http://bit.ly/9flyEK" target="_blank">http://bit.ly/9flyEK</a></p>
<hr />
<h3 style="text-align: justify; ">Research</h3>
<p style="text-align: justify; "><b>Political is as Political does<br /> </b>The Talking Back workshop has been an extraordinary experience for me. The questions that I posed for others attending the workshop have hounded me as they went through the course of discussion, analysis and dissection. Strange nuances have emerged, certain presumptions have been questioned, new legacies have been discovered, novel ideas are still playing ping-pong in my mind, and a strange restless excitement – the kind that keeps me awake till dawning morn – has taken over me, as I try and figure out the wherefore and howfore of things. I began the research project on Digital Natives in a condition of not knowing, almost two years ago. Since then, I have taken many detours, rambled on strange paths, discovered unknown territories and reached a mile-stone where I still don’t know, but don’t know what I don’t know, and that is a good beginning.<br /> <a href="http://bit.ly/9hY9sR" target="_blank">http://bit.ly/9hY9sR</a><br /> <br /> <b>Digital Natives: Talking Back<br /> </b>One of the most significant transitions in the landscape of social and political movements, is how younger users of technology, in their interaction with new and innovative technologised platforms have taken up responsibility to respond to crises in their local and immediate environments, relying upon their digital networks, virtual communities and platforms. In the last decade or so, the digital natives, in universities as well as in work spaces, as they experimented with the potentials of internet technologies, have launched successful socio-political campaigns which have worked unexpectedly and often without precedent, in the way they mobilised local contexts and global outreach to address issues of deep political and social concern. But what do we really know about this Digital Natives revolution?<br /> <a href="http://bit.ly/bZNoSX" target="_blank">http://bit.ly/bZNoSX</a></p>
<p style="text-align: justify; "><b>Beyond the Digital: Understanding Digital Natives with a Cause</b><br />Digital Natives with a cause: the future of activism or slacktivism? Maesy Angelina argues that the debate is premature given the obscured understanding on youth digital activism and contends that an effort to<br /> understand this from the contextualized perspectives of the digital natives themselves is a crucial first step to make. This is the first out of a series of posts on her journey to explore new insights to understand youth digital activism through a research with The Blank Noise Project under the Hivos-CIS Digital Natives Knowledge Programme.<br /> <a href="http://bit.ly/b1GS7F" target="_blank">http://bit.ly/b1GS7F</a></p>
<h3 style="text-align: justify; ">Accessibility</h3>
<p style="text-align: justify; "><b>Access to Knowledge: Barriers and Solutions for Persons with Disabilities in India</b><br /> Consumers International, Kuala Lumpur and Consumers Association of India in association with Madras Library Association organised a seminar on Access to Knowledge on 31st July, 2010 at the Tamil Nadu Pollution Control Auditorium in Guindy, Chennai. The Principal Secretary to the Government of Tamil Nadu Department of Information Technology was the chief guest. Former Central Vigilance Commissioner N. Vittal gave the keynote address. Prof Subbiah Arunachalam, Nirmita Narasimhan and Pranesh Prakash participated in the seminar. Nirmita and Pranesh made presentations on access to knowledge.<br /> <a href="http://bit.ly/cJXSX8" target="_blank">http://bit.ly/cJXSX8</a></p>
<hr />
<h3 style="text-align: justify; ">Intellectual Property</h3>
<p style="text-align: justify; "><b>Privacy and the Indian Copyright Act, 1857 as Amended in 2010 <br /></b>In this post the author examines the issue of privacy in light of the Indian Copyright Act, 1857 as amended by the Copyright Amendment Bill in 2010. Four key questions are examined in detail and the author gives<br /> suitable recommendations for each of the questions that arise.<br /> <a href="http://bit.ly/cJXSX8" target="_blank">http://bit.ly/cJXSX8</a></p>
<h3 style="text-align: justify; ">Internet Governance</h3>
<p style="text-align: justify; "><b>Does the Government want to enter our homes?</b><br />When rogue politicians and bureaucrats are granted unrestricted access to information then the very future of democracy and free media will be in jeopardy. In an article published in the Pune Mirror on 10 August,<br /> 2010, Sunil Abraham examines this in light of the BlackBerry-to-BlackBerry messenger service that the Government of India plans to block if its makers do not allow the monitoring of messages. He says that civil society should rather resist and insist on suitable checks and balances like governmental transparency and a fair judicial oversight instead of allowing the government to intrude into the privacy<br /> and civil liberties of its citizens.<br /> <a href="http://bit.ly/dkVHoS" target="_blank">http://bit.ly/dkVHoS</a></p>
<p style="text-align: justify; "><b>UID Project in India - Some Possible Ramifications</b><br />Having a standard for decentralized ID verification rather than a centralized database that would more often than not be misused by various authorities will solve ID problems, writes Liliyan in this blog entry. These blog posts to be published in a series will voice the expert opinions of researchers and critics on the UID project and present its unique shortcomings to the reader.<br /> <a href="http://bit.ly/bOyBS8" target="_blank">http://bit.ly/bOyBS8</a></p>
<p style="text-align: justify; "><b>Civil Liberties and the amended Information Technology Act, 2000</b><br />This post examines certain limitations of the Information Technology Act, 2000 (as amended in 2008). Malavika Jayaram points out the fact that when most countries of the world are adopting plain English instead of the conventional legal terminology for better understanding, India seems to be stuck in the old-fashioned method thereby, struggling to maintain a balance between clarity and flexibility in drafting its laws. The present Act, she says, is although an improvement over the old Act and seeks to address and improve on certain areas in the right direction but still comes up short in making necessary changes when it comes to fundamental rights and personal liberties. The new Act retains elements from the previous one making it an abnormal document and this could have been averted if there had been some attention to detail.<br /> <a href="http://bit.ly/croc9T" target="_blank">http://bit.ly/croc9T</a><br /> <br /> <b>Feedback to the NIA Bill<br /></b>Malavika Jayaram and Elonnai Hickok introduce the formal submission of CIS to the proposed National Identification Authority of India (NIA) Bill, 2010, which would give every resident a unique identity. The submissions contain the detailed comments on the draft bill and the high level summary of concerns with the NIA Bill submitted to the UIDAI on 13 July, 2010.<br /> <a href="http://bit.ly/bhinUB" target="_blank">http://bit.ly/bhinUB</a></p>
<h3 style="text-align: justify; ">Openness</h3>
<p style="text-align: justify; ">Open Access to Science and Scholarship - Why and What Should We Do? The National Institute of Advanced Studies held the eighth NIAS-DST training programme on “Multidisciplinary Perspectives on Science, Technology and Society” from 26 July to 7 August, 2010. The theme of the project was ‘Knowledge Management’. Dr. MG Narasimhan and Dr. Sharada Srinivasan were the coordinators for the event. Professor Subbiah Arunachalam made a presentation on Open Access to Science and Scholarship.<br /> <a href="http://bit.ly/ciohYy" target="_blank">http://bit.ly/ciohYy</a><br /> <br /> <b>Civic Hacking Workshop<br /> </b>CIS, with the UK Government's Foreign Office and the Cabinet Office Team for Digital Engagement, and Google India, is organizing a workshop on open data (or the lack thereof) and 'civic hacking'.<br /> <a href="http://bit.ly/c3TF2t" target="_blank">http://bit.ly/c3TF2t</a></p>
<hr />
<h3 style="text-align: justify; ">Telecom</h3>
<p style="text-align: justify; "><b>'Containing Inflation' - A myth</b><br /> We need problem-solving, not confused rhetoric or misguided action, says Shyam Ponappa. The article was published in Business Standard on 7 August, 2008.<br /> <a href="http://bit.ly/9frC8q" target="_blank">http://bit.ly/9frC8q</a></p>
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For more details visit <a href='https://cis-india.org/about/newsletters/august-2010-bulletin'>https://cis-india.org/about/newsletters/august-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-08-10T10:40:34ZPageFirst Post-Bilski Decision - Software Patent Rejected
https://cis-india.org/a2k/blogs/post-bilski
<b>In the first decision post-Bilski, the Board of Patents Appeals and Interferences (BPAI) rejected a software patent claimed by Hewlett-Packard. The ruling in this case has buttressed the fact that the Bilski decision furthered the cause of narrowing the patentability of software even though the Supreme Court of the United States totally avoided mentioning software patents or the applicability of the machine or transformation test for software patents in its decision.</b>
<p>As eagerly as it was awaited, the United States Supreme Court’s decision in Bilski v. Kappos (2010) was a dampener as far as its impact (or the lack of it) on patentability of software was concerned. The Supreme Court totally avoided even mentioning software patents or the applicability of the machine or transformation test for software patents in its decision and while many claimed that it was status quo maintained, a few of us found a silver lining in the Court’s ruling of abstract ideas as unpatentable and its admission of an argument that patents do not necessarily promote innovation and may, sometimes result in limiting competition and stifling innovation. Our hope that the Bilski case furthered the cause of narrowing the patentability of software was not misplaced is evident from the first decision post-Bilski, of the BPAI, which rejected a software patent claimed by Hewlett-Packard. The BPAI, in In Re Proudler, rejected a patent claim for software made by Hewlett Packard on the ground that software, being an abstract idea, is not patentable. The BPAI relied on, among others, the Supreme Court’s decision in Bilski v. Kappos in holding that an abstract idea was not patentable.</p>
<p>The case before the BPAI was on appeal from the decision of the patent examiner who refused patent for the claim on the ground that it was obvious (on basis of prior art analysis) and therefore, “barred at the threshold” for patentability under US patent law. The patent was claimed for “a method of controlling the processing of data” comprising “defining security controls for a plurality of data items, and applying individualised security rules to each of the data items based on a measurement of integrity of a computing entity to which the data items are to be made available”. It was essentially a claim for software facilitation data processing and involving security controls for several data items. The BPAI refused patent for the claim but differed from the patent examiner in its reasoning. The BPAI held that all claims related to non-patentable subject matter and hence, could not be granted patent.</p>
<p>In coming to this conclusion, the BPAI relied on previous decisions including In Re Nuijten which held that Section 35 of the US Code of Patents which allows patents for a machine, a manufacture, a process or a composition of matter constitutes “the exclusive reach of patentable subject matter”. In ruling that HP’s claim was not patentable, BPAI also held that software, being an abstract idea, was not patentable. The line of argument relied on by the BPAI was something like this – “[A] machine, a manufacture, a process or a composition of matter” constitutes the exclusive reach of patentable subject matter. Thus, laws of nature, abstract ideas, and natural phenomena are excluded from patent protection as held in the well known case of Diamond v. Diehr. The Federal Circuit in its decision in In re Warmerdam has held that an abstraction is not a patentable subject matter. In other words, a claim that recites no more than software, logic or a data structure (that is, an abstraction) does not fall within any statutory category. It has been held in Microsoft Corp. v. AT & T Corp. that an abstract software code is an idea without physical embodiment. Finally, and most significantly, the Bilski case has put the nail in the coffin by ruling that abstract ideas are not patentable. Against the background of these precedents, BPAI has confirmed the unpatentability of software on the ground that it is an abstract idea.</p>
<p>It is interesting that the BPAI also mentioned that “no true hardware structure is recited” in the claims to buttress its conclusion that the idea claimed was an abstract one. This means that the BPAI took note of the fact that although a hardware structure may have been essential to implement the abstract idea forming the claim such structure itself was not claimed for patent. The innovation claimed lay in the software alone and not in the hardware and therefore, did not merit patent protection. Thus, a claimed invention which is a combination of hardware (required to implement the software) and software may not be patentable as long as there is no ingenuity in the hardware as software alone, being a mere algorithm and an abstraction, falls outside the scope of patentable subject matter.</p>
<p>The first post-Bilski decision gives us more than one reason to cheer about –</p>
<ul><li>It refused patent for software on the ground that it was an abstract idea and hence, did not fall under patentable subject matter. Acceptance of software as merely an abstract idea is catching up and is thus, good news for those who challenge the patentability of software.</li><li>The BPAI, in ruling software as an abstraction and thus, unpatentable relied directly on the Bilski decision and therefore, provided a clear, much-needed guideline for conclusively interpreting the Bilski decision as one restricting the patentability of software.</li><li>The decision supported the argument that any combination of hardware and software, to be patentable, must demonstrate ingenuity in the hardware component. As long as there is no claim for hardware, the software itself, being an abstraction, cannot be patented. This brings about greater clarity in the definition of software to be limited to an algorithm (and thus, abstract) and to be looked at in isolation from a hardware component which is solely used to implement the software and no more.<br /></li></ul>
<p>It will be interesting to follow the developments in this case and in other future claims for software which may rely on the Bilski decision. In Re Proudler is certainly encouraging for limiting software patents especially in the aftermath of Bilski. As far as patentability of software is concerned, the Bilski decision may not be that insignificant after all.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/post-bilski'>https://cis-india.org/a2k/blogs/post-bilski</a>
</p>
No publisherpraskrishnaIntellectual Property RightsAccess to Knowledge2011-08-23T03:24:25ZBlog EntryThe Bilski Case - Impact on Software Patents
https://cis-india.org/a2k/blogs/bilski-case
<b>The Supreme Court of the United States gave its decision in Bilski v Kappos on 28 June, 2010. In this case the petitioners’ patent application sought protection for a claimed invention that explains how commodities buyers and sellers in the energy market can protect, or hedge, against the risk of price changes. The Court in affirming the rejection by the Court of Appeals for the Federal Circuit also held that the machine- or-transformation test is not necessarily the sole test of patentability. The Court’s ruling of abstract ideas as unpatentable and its admission that patents do not necessarily promote innovation and may sometimes limit competition and stifle innovation have provided a ray of hope. In the light of the developments, the Bilski decision as far as patentability of software is concerned may not be totally insignificant, says Krithika Dutta Narayana.</b>
<p>The United States Supreme Court’s much awaited decision of last month in <em>Bilski v. Kappos</em> (2010) (Bilski), a case that was touted as a potential watershed in the debate surrounding patentability of software, was disappointing, even though it was not without any impact. While the Supreme Court affirmed the rejection by the Court of Appeals for the Federal Circuit (CAFC) of a patent claim for a business method, it failed to define with clarity, any test for patentability which might have constituted a precedent for future cases involving patentability of software or business method. At the same time, it held that the “machine- or- transformation” test which was the test followed by the CAFC in rejecting the claim, was not the sole test to determine patentability, thus effectively providing no guideline to determine patentability of software or business methods in future cases.</p>
<p>The Supreme Court in Bilski, affirmed the rejection by the CAFC in <em>In</em> <em>re Bilski</em> (2008) of a patent claim involving a method of providing insurance against fluctuating energy prices due to changes in weather. The applicants, Bernard L. Bilski and Rand Warsaw filed a patent application for such a method of hedging risks – essentially a claim for a business method – under Section 101 of US Patent Act before the United States Patent and Trademark Office (USPTO). The examiner at the USPTO rejected the claim on the ground that the claim was not for patentable subject matter and that “the invention is not implemented on a specific apparatus and merely manipulates (an) abstract idea and solves a purely mathematical problem without any limitation to a practical application, therefore, the invention is not directed to the technological arts”. The Board of Patent Appeals and Interferences (BPAI) took a re-look at the examiner’s decision and held that the “machine or apparatus” test was in itself insufficient to determine patentability since a claim that included transformation of a physical object from one state to another would also be patent eligible subject matter. The BPAI also struck down the requirement of the invention to be a “technological art”. Thus, it rejected the Bilski claim on the ground that it did not cause transformation of a physical object from one state to another, since transformation of financial liabilities and risks does not constitute transformation of physical matter.</p>
<p>In its decision on October 30, 2008, the CAFC affirmed the ruling of the BPAI and laid down the machine or transformation test for patentability and held that Bilski’s claim was neither tied to any machine or apparatus to derive the result nor did it cause transformation of any physical object from one state to another and is hence, unpatentable subject matter. The Court reasoned that the “machine or transformation” test was crucial for determining patentability as it ensured that the claim based on a fundamental principle did not preempt all other uses of the principle. This test was the first test since the US Supreme Court’s decision in Diamond v. Diehr (1981) – which held that laws of nature, mathematical formulae and algorithms are not patentable – that had a huge potential for laying down definitive rules for patentability including declaring software and business methods to be outside the realm of patentable subject matter. If this test was upheld in the Supreme Court, that would effectively put an end to the rise of software patents since software, in most cases, did not cause transformation of physical object from one state to another. Thus, the decision of the Supreme Court had huge stakes for both sides of the software patent debate.</p>
<p>In light of the same, the Supreme Court’s ruling holding that the machine or transformation test is not the sole test for determining patentability and at the same time, failing to provide any other test on which to determine patentability, was a sore disappointment. Though, it affirmed the rejection of Bilski’s patent claim on the ground that the subject matter claimed was abstract and thus not a patentable “process” under section 101, its core decision was only limited to this particular claim and it did not lay down a concrete and definitive guideline for future claims. However, one must not be too quick to dismiss this decision as either going against the interests of open society and free software or as a completely inconsequential case that simply maintains status quo. There are important takeaways for the patentability of software in the Bilski decision – The Court did not totally reject the machine or transformation test relied on by the CAFC. It only held that the machine or transformation test is not the sole test on basis of which the patentability of a subject matter of a claim can be decided. The Court, in fact, held that the “machine or transformation test” was a “useful and important clue, an investigative tool for determining whether some claimed inventions are processes under section 101.” This leaves open the possibility of using the test to determine patentability in future cases and this is good news for opponents of software patents since software (an algorithm designed to be operated upon by a computer) is merely an abstract idea which, in most cases, does not involve transformation of a physical object from one state to another.</p>
<p>Bilski’s claim was essentially interpreted to be a patent for a business method. The Supreme Court was completely silent on the issue of patentability of software in its decision and stuck to only the narrow issue in hand – that of the patentability of a particular business method. This means that the “machine or transformation test”, whose applicability was ruled out in this particular case, may still be applicable for software patents. Nothing in this case precludes an opponent of a software patent from urging the courts to use the “machine or transformation test” to rule on patentability. Thus, the very fact that the Supreme Court only dealt with the narrow issue in hand ensures that the “machine or transformation test” is not altogether dismissed.</p>
<p>The main ground on which Bilski’s claim was rejected was that the patent claim was for an overly abstract idea which was not patent-eligible. The Court held that the basic concept on which the claim was based – the concept of hedging risks against risk is an unpatentable abstract idea. Further, some of the claims are constituted by equations and are purely mathematical in nature and are abstract and thus not patentable. This means that basic concepts and use of mathematical formulae constitute abstract ideas which are unpatentable. This test can strike down many software patents as these are simply algorithms executed by a computer and incorporate very fundamental and basic concepts which are abstract in nature and are thus, not patentable. This test for determining patentability on the basis of the claim being abstract as laid down in Bilski reaffirms the patentability test laid down in Diamond v. Deihr which kept laws of nature, mathematical formulae and algorithms outside the scope of patentable subject matter. This may serve as an important test to determine and especially, limit the patentability of software in coming years.</p>
<p>Notwithstanding the fact that Bilski’s claim has been interpreted to be one of a business method patent, when examined in detail, the claims indicate that the ‘method’ cannot be implemented without a computer. Certain claims for calculating probability (and risk), although mathematical or algorithmic in nature, have too many variables to be executed in any way other than by using a computer.<strong>1</strong> Such algorithms which can be executed only by a computer fall under the category of software and the patent is thus, also, a software patent. That being said, the ruling of the Court that the claim is for an overly abstract idea and thus not patentable lends credence and indicates that software patents can be validly claimed to be abstract ideas not falling under the scope of patentable subject matter.</p>
<p>Another important outcome of the Supreme Court’s ruling was the invalidation of the 1998 CAFC decision in <em>State Street Bank v. Signature Financial Group</em><strong>2</strong> which opened the floodgates for software patents by holding that a practical application of an algorithm or formula to produce “useful, concrete and tangible result” was sufficient to constitute patentable subject matter. The State Street test was too broad and afforded an opportunity for many frivolous patent applications to be admitted. In fact, Justice Stevens, in his concurring opinion, has stated that it would be a “grave mistake” to follow the test. By clearly striking down and dismissing such a test to determine patentable subject matter, the Court in Bilski has precluded future software patent claims for taking recourse to this test and has effectively, to an extent, made it that much harder for a software to be granted patent. The test in <em>State Street Bank</em> which opened the floodgates for software patents was definitively dismissed.</p>
<p>The Court in the 1978 case of <em>Parker v. Flook</em>, had rejected patent for a mathematical algorithm on the ground that an algorithm was a law of nature although its use was limited to a specific field in this case (the “field of use” test) and added an insignificant post solution activity (“post solution activity” test). The test laid down in Flook had been subsequently questioned and thus, subtly dismissed by the Court in <em>Diehr </em>in 1991. The Court in Bilski emphasized on the test for patentability laid down in <em>Flook</em> and opined that the two tests may well come in handy in future challenges or oppositions to a patent claim while determining if the claim pertained to an idea that was abstract and hence, not patentable. Thus, this test can be used in future for invalidating software patents which are characterized by broad claims adding insignificant post solution activity.</p>
<p>It is heartening to note that the Court looked at the importance of patent law while recognizing that patents are not always necessary to encourage innovation. It noted that patents could also limit competition and stifle innovation. They can have ill effects such as increasing prices while slowing progress and could actually be deterrent to free flow of information within society. By recognizing and validating this, the ruling not only helped increase awareness about the debate surrounding software patents but also showed that the Courts are open to such an approach to patent law in future. This can only be good news for busting software patents.</p>
<p>For <a class="external-link" href="http://www.supremecourt.gov/opinions/09pdf/08-964.pdf">further reading</a></p>
<ol><li>
<p class="discreet">Claim 4 of Bliski's claims is as follows - “perform a Monte Carlo simulation across all deals at all locations ... over the last 20 years of weather patterns and establish the payoffs from each deal under each historical weather pattern “ Such a simulation would involve multiple parameters such as deals, locations, weather patterns, to establish a payoff.</p>
</li><li>
<p class="discreet">149 F.3d. 1368.</p>
</li></ol>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/bilski-case'>https://cis-india.org/a2k/blogs/bilski-case</a>
</p>
No publisherpraskrishnaIntellectual Property RightsAccess to Knowledge2011-08-23T03:24:31ZBlog EntryJuly 2010 Bulletin
https://cis-india.org/about/newsletters/july-2010-bulletin
<b>Greetings from the Centre for Internet & Society. We bring you updates of our research, news and media coverage, information on our events and other updates for the month of July 2010.</b>
<h2><b>News Updates</b></h2>
<p style="text-align: justify; "><b>Call for Case Studies on ICT</b><br /> CIS invites organisations to participate in a study focusing on best practices in the use of ICTs in education for persons with disabilities.<br /> <a href="http://bit.ly/d03jS0">http://bit.ly/d03jS0</a></p>
<p style="text-align: justify; "><b>Networking? Not working</b><br /> Concerns about privacy, wastage of time and trivialized communication are some reasons ‘refuseniks’ are going off sites such as Facebook and MySpace, writes Shreya Ray in Livemint.<br /> <a href="http://bit.ly/dpdKhX">http://bit.ly/dpdKhX</a></p>
<p style="text-align: justify; "><b>Digital them about yourself?</b><br /> If you’re on Facebook or have a blog, you could be a digital native, says Akhila Seetharaman.<br /> <a href="http://bit.ly/ahA6Ts">http://bit.ly/ahA6Ts</a></p>
<p style="text-align: justify; "><b>Next CPOV Conference in Leipzig</b><br /> Two CPOV conferences have been held so far. The first one in Bangalore and the second one in Amsterdam, the third is to be held in Leipzig.<br /> <a href="http://bit.ly/cLN8XE">http://bit.ly/cLN8XE</a></p>
<p style="text-align: justify; ">CIS featured in the <span class="visualHighlight">Report on Research and Funding Landscape within the Arts and Humanities in India</span><br /> Centre for Internet and Society has been listed as an area of excellence and innovative research in this report.<br /> <a href="http://bit.ly/9GJsJ7">http://bit.ly/9GJsJ7</a></p>
<p><b>UID Act may be released for debate, may be introduced in monsoon session</b><br /> An article by Karen Leigh & Surabhi Agarwal in livemint on June 30, 2010.<br /> <a href="http://bit.ly/9Hq5dg">http://bit.ly/9Hq5dg</a></p>
<p style="text-align: justify; "><b>A New Age in News</b><br /> Citizen journalism and online piracy were key topics during the opening day of the Mekong Information and Communication Technology conference. The 2010 Mekong ICT conference in Chang Mai, Thailand, has brought together an experienced crowd of experts from all over the globe. They have gathered to discuss the status, trends and the current situation of the ICT world.<br /> <a href="http://bit.ly/bdGzbQ">http://bit.ly/bdGzbQ</a></p>
<p style="text-align: justify; "><b>Activists welcome privacy Bill, but point out concerns</b><br /> Experts have welcomed the government's move to bring in a law for protecting individual privacy, amid concerns about the potential misuse of personal data it is collecting to execute social welfare and security schemes.<br /> <a href="http://bit.ly/bnddaJ">http://bit.ly/bnddaJ</a></p>
<hr />
<h2><b>Upcoming Events</b></h2>
<p style="text-align: justify; "><b>Locating Gender Politics in the New Techno-Industrial Complex: A Lecture by Dr. Lisa McLaughlin</b><br /> The Centre for the Study of Culture and Society (CSCS), IT for Change and the Centre for Internet and Society (CIS) are hosting a lecture by Dr. Lisa McLaughlin, Associate Professor in Media Studies and Women's Studies, Miami University, Ohio, USA at CIS, Bangalore on 23 July, 2010.<br /> <a href="http://bit.ly/9zy2Fa">http://bit.ly/9zy2Fa</a></p>
<p style="text-align: justify; "><b>Promoting Education through ICT</b><br /> ICT workshop in New Delhi from 27th to 29th October, 2010...Registrations to begin soon!<br /> <a href="http://bit.ly/9flyEK">http://bit.ly/9flyEK</a></p>
<h2><b>Research</b></h2>
<p style="text-align: justify; "><b>The Attention Economy - A Brief Introduction</b><br /> This post examines attention economy as a brief prelude to a paper and monograph to be published on it. It examines the current theses on attention economy and a few approaches to reading attention economy in gaming besides foregrounding the attention economy and its functions and influence in MMORPGs.<br /> <a href="http://bit.ly/OP7QFl">http://bit.ly/OP7QFl</a></p>
<p style="text-align: justify; "><b>The Making of an Asian City</b><br /> Nishant Shah attended the conference on 'Pluralism in Asia: Asserting Transnational Identities, Politics, and Perspectives' organised by the Asia Scholarship Foundation, in Bangkok, where he presented the final paper based on his work in Shanghai. The paper, titled 'The Making of an Asian City', consolidates the different case studies and stories collected in this blog, in order to make a larger analyses about questions of cultural production, political interventions and the invisible processes that are a part of the IT Cities.<br /> <a href="http://bit.ly/MXxyXP">http://bit.ly/MXxyXP</a></p>
<p style="text-align: justify; "><b>Internet, Society and Space in Indian City: First Report</b><br /> This is the first report on the progress of the research on Internet, Society and Space in Indian City. The post is a collection of some of the initial focus of these studies. I have started simultaneously exploring and testing various arguments and have listed some key observations from the ones that are nearing completion.<br /> <a href="http://bit.ly/Ndmday">http://bit.ly/Ndmday</a></p>
<p style="text-align: justify; "><b>Digital Natives Workshop in Taipei: Only a Few Seats Left!!!</b><br /> The Centre for Internet and Society in collaboration with the Frontier Foundation is holding a three day Digital Natives workshop in Taipei from 16 to 18 August, 2010. The three day workshop will serve as an ideal platform for the young users of technology to share their knowledge and experience of the digital and Internet world and help them learn from each other’s individual experiences.<br /> <a href="http://bit.ly/P4mCKv">http://bit.ly/P4mCKv</a></p>
<hr />
<h2><b>Accessibility</b></h2>
<p style="text-align: justify; "><b>NMEICT Funds Book Conversion Project for the Print Disabled</b><br /> IIT, Kharagpur, Daisy Forum of India, Inclusive Planet and the Centre for Internet and Society have joined hands to undertake a project for the print disabled. The National Mission on Education through Information and Communication Technology (NMEICT) is funding this project.<br /> <a href="http://bit.ly/bWHi00">http://bit.ly/bWHi00</a></p>
<p style="text-align: justify; "><b>Right to Read: Campaign Updates</b><br /> A nationwide campaign on Right to Read was co-organised by CIS along with the Daisy Forum of India and Inclusive planet to highlight the lack of content in accessible formats and accelerate change in the provisions of the Indian Copyright Act, 1957, which presently does not permit the conversion of books in accessible formats for the benefits the blind, visually impaired and other reading disabled persons. The campaign is affiliated with the global R2R campaign started by the World Blind Union in April 2008.<br /> <a href="http://bit.ly/akoaSj">http://bit.ly/akoaSj</a></p>
<hr />
<h2><b>Intellectual Property</b></h2>
<p style="text-align: justify; "><b>Analysis of the Copyright (Amendment) Bill, 2010</b><br /> CIS analyses the Copyright (Amendment) Bill, 2010, from a public interest perspective to sift the good from the bad, and importantly to point out what crucial amendments should be considered but have not been so far.<br /> <a href="http://bit.ly/KLBQDx">http://bit.ly/KLBQDx</a></p>
<p style="text-align: justify; "><b>A Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement</b><br /> The Centre for Internet and Society presents a guide for policymakers and other stakeholders to the latest draft of the India-European Union Free Trade Agreement, which likely will be concluded by the end of the year and may hold serious ramifications for Indian businesses and consumers.<br /> <a href="http://bit.ly/Rw7whN">http://bit.ly/Rw7whN</a></p>
<hr />
<h2><b>Openness</b></h2>
<p style="text-align: justify; "><b>Open Access to International Agricultural Research</b><br /> Open access advocates have urged the top management of the Consultative Group on International Agricultural Research to give open access to its research publications. A report by Subbiah Arunachalam on 3 June, 2010 was also circulated to all the signatories of the letter.<br /> <a href="http://bit.ly/cspMYY">http://bit.ly/cspMYY</a></p>
<hr />
<h2><b>Telecom</b></h2>
<p style="text-align: justify; "><b>Catching up on broadband</b><br /> The govt can invest some of the Rs 1,00,000 crore from the spectrum auctions to help India catch up on broadband, says Shyam Ponappa in his latest article published in the Business Standard on July 1, 2010.<br /> <a href="http://bit.ly/ag67TU">http://bit.ly/ag67TU</a></p>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/july-2010-bulletin'>https://cis-india.org/about/newsletters/july-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-08-10T09:41:01ZPagePrivacy and the Indian Copyright Act, 1857 as Amended in 2010
https://cis-india.org/a2k/blogs/copyright-privacy
<b>In this post the author examines the issue of privacy in light of the Indian Copyright Act, 1857 as amended by the Copyright Amendment Bill in 2010. Four key questions are examined in detail and the author gives suitable recommendations for each of the questions that arise.</b>
<p>India's Copyright Act was established in 1857 and was most recently amended in 2010. Although India at present is not a member of WIPO, the provisions in the proposed Bill will work to make the Act WIPO compliant. When looking at privacy in the context of copyright, four key questions arise:</p>
<h2>How do DRM technologies undermine privacy and what safeguards are present in the Indian Law to protect citizens’ right to privacy?</h2>
<p>Technologies such as digital rights management technologies were developed to be used by hardware manufacturers, publishers, copyright holders and individuals to impose limitations on the usage of digital content and devices. DRM technologies pose as a privacy threat, because in their ability to monitor what is happening to a copyrighted work, they are also able to collect personal information and send it back to a host without knowledge of the user. The host is then able to use that data for marketing or commercial purposes. In the Copyright Act, 1957 there are no current provisions against DRM circumvention. In the proposed Copyright Bill 2010 there are two proposed provisions to prevent anti circumvention of DMR technologies, and one provision that clarifies what is a DMR technology. </p>
<h3>Proposed Legislation</h3>
<p><em>Section 2 (xa)</em>: Defines Rights Management information. <br /><em>Section 65A</em> : Protection of Technological Measures - Any person who knowingly makes or has in his possession any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to two years. The section includes that any person facilitating circumvention by another person of a technological measure, shall maintain a complete record of such other persons including his name, address and all relevant particulars necessary to identify him. <br />Section 65B: Protection of Rights Management Information – Any person who removes or distributes, copies or broadcasts any rights management information without authority shall be by punishable with imprisonment. </p>
<h3>Recommendation</h3>
<p>We find that in this provision the privacy of an individual is brought into question, because there are no safeguards against the commercialization of information, and no formal process of redress if an individual discovers that his information is being used without his consent/prior knowledge. We would recommend that it be clearly articulated in the provision that the collection and commercialization of information and personal data is prohibited by DRM technologies and host companies, and a method of redress be put in place. </p>
<h2>Under the present copyright does a person have the ability to expose privacy infringement?</h2>
<p>Because DRM technologies often employ the use of spy-ware, it is important that an individual has the ability to know if spy-ware is being used on their computer systems. Currently reverse engineering is permitted under provision 52 (ac). The amended version of provision 52 is less clear on if reverse engineering would be allowed. </p>
<h3>Current Legislation</h3>
<p><em>Provision 52 (ac)</em>: Certain acts not to be in infringement of copyright include the observation, study or test of functioning of the computer programs in order to determine the ideas and principles which underlie any elements of the program while performing such acts necessary for the functions for which the computer program was supplied. The following acts shall not constitute in infringement of copyright, namely:</p>
<h3>Proposed</h3>
<p>The proposed amendment reads:</p>
<p class="discreet"> 52 (1) The following acts shall not constitute an infringement of copyrights, namely: </p>
<p class="discreet">(i) (a) a fair dealing with a literary, dramatic, musical or artistic work not being a computer program for the purposes of:</p>
<p class="discreet">(ii) private use, including research</p>
<p class="discreet">(iii) Criticism or review, whether of that work or of any other work.</p>
<p>The exclusion of computer program in the proposed bill makes it unclear under what circumstances reverse engineering would be allowed.</p>
<h3>Recommendation</h3>
<p>We would recommend that for clarity purposes a specific clause be added to the act that details under what circumstances a person is allowed to reverse engineer a product for protection of their own privacy. </p>
<h2>How does the proposed exception for the disabled undermine privacy? <br /></h2>
<p>In India under the current Copyright Act, 1957 there are no provisions for the benefit of disabled persons, thus currently permission from copyright holders needs to be exclusively sought every time the visually challenged person requires access. Under the Constitution of India and the Berne Convention, India has committed to enshrining the rights of the disabled. </p>
<h3>Proposed Legislation</h3>
<p>The proposed amendment of the Act will grant compulsory license in respect of publication of any copyrighted works not covered by the exception under section 52 (1) (zb).</p>
<p>The Bill also proposes a board that would establish the credentials of the applicant and satisfy itself that the application has been made in good faith. This compromises the anonymity that most individuals enjoy when a disabled person tries to access a digital library.</p>
<h3>Recommendation<br /></h3>
<p>We recommend that the proposed Bill limits the authentication process a disabled person must go through when accessing digital libraries, etc, and the extent to which records are to be kept of transaction This will serve to protect the anonymity and privacy of disabled persons.</p>
<h2>What is On the horizon?</h2>
<p>As copyright and IP is a constantly evolving issue, countries are consistently amending and changing their laws. With the flow of peoples across borders increasing, Indians will be affected by different international policies that could pose to infringe upon their privacy, for example, cross border checks or three strike regimes. </p>
<h3>Examples of Proposed Legislation: The Anti- Counterfeiting Trade Agreement</h3>
<p>ACTA is a proposed legislation with the objective to combat counterfeiting and piracy. Partners in the negotiations include the United States, Australia, Canada, the European Union, Japan, Mexico, Morocco, New Zealand, Singapore, South Korea and Switzerland. The treaty will oblige each Contracting Party to adopt, in accordance with its legal system, the measures necessary to ensure the application of the treaty. Though ACTA has not been enacted, many worry that ACTA would facilitate privacy violations by trademark and copyright holders against private citizens suspected of infringement activities without any sort of legal due process. The Act would allow for random searches of laptops, MP3 players, and cellular phones for illegally downloaded or ripped music and movies. </p>
<h3>Recommendation</h3>
<p>We find that copyright infringement does not appear to justify a three strike regime or cross border searches. ACTA and other international treaties raise the question that if India became compliant with certain international standards, the standards would be too stringent without safeguards, and pose as a risk to a person’s privacy.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/copyright-privacy'>https://cis-india.org/a2k/blogs/copyright-privacy</a>
</p>
No publisherpraskrishnaIntellectual Property RightsCopyrightAccess to Knowledge2011-08-23T03:25:02ZBlog EntryJune 2010 Bulletin
https://cis-india.org/about/newsletters/june-2010-bulletin
<b>Greetings from the Centre for Internet & Society. We bring you updates of our research, news and media coverage, information on events for the month of June 2010.</b>
<h3><b>News Updates </b></h3>
<p><b>Dont hang up on this one</b><span><br /> </span>Is 3G the next twist in the mobile phone growth story?<br /> <a href="http://bit.ly/9NkaVP" target="_blank">http://bit.ly/9NkaVP</a></p>
<p><b>Peeping Toms In Your Inbox </b><span><br /> </span>Nothing’s safe any more—not your mobile number, nor your e-mail—as they’re put on offer for the benefit of telemarketers, writes Namrata Joshi and Neha Bhatt in an article published in the Outlook.<br /> <a href="http://bit.ly/ckmRRH" target="_blank">http://bit.ly/ckmRRH</a></p>
<p style="text-align: justify; "><b>I don't want my fingerprints taken</b><br /> Through this article published in Down to Earth, Nishant Shah looks at the role of the state as arbiter of our privacy.<span><br /> </span><a href="http://bit.ly/aYdMia" target="_blank">http://bit.ly/aYdMia</a></p>
<p style="text-align: justify; "><b>An artist's hunt for lost stepwells</b><span><br /> </span>As part of the Maps for Making Change project, Kakoli Sen has brought to light some facts which she stumbled upon while mapping the stepwells in Vadodara. She mapped these and also discovered 14 such architectural heritage structures. The news was covered in the Times of India.<br /> <a href="http://bit.ly/dxtwJU" target="_blank">http://bit.ly/dxtwJU</a></p>
<p style="text-align: justify; "><b>Facebook, privacy and India </b><span><br /> </span>Does Facebook's decision to open out user information and data to third party websites amount to an invasion of privacy and should users' seriously consider getting out of the site? Sunil Abraham doesn't think so.<br /> <a href="http://bit.ly/a2HzhT" target="_blank">http://bit.ly/a2HzhT</a></p>
<p style="text-align: justify; "><b>APC starts research into spectrum regulation in Brazil, India, Kenya, Morocco, Nigeria and South Africa</b><span><br /> </span>Communication infrastructure is the foundation of the knowledge-based economy and while there has been a boom in the construction of undersea cables bringing potentially terabits of capacity to the African continent, the ability to deliver broadband to consumers is hampered by inefficient telecommunications markets and policies. Wireless connectivity offers tremendous potential to deliver affordable broadband to developing countries but inefficient spectrum policy and regulation means the opportunity to seize the advantages brought about by improvements in wireless broadband technologies are extremely limited.<br /> <a href="http://bit.ly/a67ut8" target="_blank">http://bit.ly/a67ut8</a></p>
<p style="text-align: justify; "><b>WIPO Proposals Would Open Cross-Border Access To Materials For Print Disabled</b><span><br /> </span>The print disabled feel that the possible UN recommendations being negotiated upon may come up short, reports Kaitlin Mara in this article.<br /> <a href="http://bit.ly/99kbS0" target="_blank">http://bit.ly/99kbS0</a></p>
<p style="text-align: justify; "><b>The Potential of Open Development for Canada and Abroad </b><span><br /> </span>IDRC held a panel discussion on 'The Potential of Open Development for Canada and Abroad' on May 5, 2010 in Ottawa.<br /> <a href="http://bit.ly/aSp8J3" target="_blank">http://bit.ly/aSp8J3</a></p>
<p style="text-align: justify; "><b>A letter to CGIAR in support of Open Access </b><span><br /> </span>Professor Subbiah Arunachalam wrote a letter to CGIAR apprising them of the need for, and advantages of making their research output Open Access. <br /> <a href="http://bit.ly/doJmAe" target="_blank">http://bit.ly/doJmAe</a></p>
<hr />
<h3><b>Upcoming Event</b></h3>
<p style="text-align: justify; "><b>The Internet, Culture, and Society - Looking at Past, Present, and Future Worldwide</b><br /> It is now well known that with 4.5 billion mobile phone owners in the world and increased Internet penetration, global cultures and communities have experienced shifts in their economic, political, and social well-being due to the digital revolution. As a scholar and consultant who works worldwide, Prof Ramesh Srinivasan will illustrate how new media technologies have been used creatively to enable political movements in Kyrgyzstan, literacy and educational reform in India, and economic development across the developing world. In addition to this, he will discuss some of digital culture's biggest challenges, including considering how the Web can start to empower different types of cultural perspectives and knowledges.<br /> <a href="http://bit.ly/c9cIvc" target="_blank">http://bit.ly/c9cIvc</a></p>
<hr />
<h3><b>Research</b></h3>
<p style="text-align: justify; "><b>Survey: Digital Natives with a cause?</b><span><br /> </span>This survey seeks to consolidate information about how young people who have grown up with networked technologies use and experience online platforms and tools. It is also one of the first steps we have taken to interact with Digital Natives from around the world — especially in emerging information societies — to learn, understand and explore the possibilities of change via technology that lie before the Digital Natives. The findings from the survey will be presented at a multi-stakeholder conference later this year in The Netherlands.<br /> <a href="http://bit.ly/cUtKhV" target="_blank">http://bit.ly/cUtKhV</a></p>
<p style="text-align: justify; "><b>Queer Histories of the Internet: An Introduction</b><span><br /> </span>Nitya Vasudevan and Nithin Manayath introduce the Queer Histories of the Internet through this blog post discussing broadly the relationship between queer identity and technology.<br /> <a href="http://bit.ly/9xdYRv" target="_blank">http://bit.ly/9xdYRv</a></p>
<p style="text-align: justify; "><b>Separating the 'Symbiotic Twins'</b><span><br /> </span>This post tries to undo the comfortable linking that has come to exist in the ‘radical’ figure of the cyber-queer. And this is so not because of a nostalgic sense of the older ways of performing queerness, or the world of the Internet is fake or unreal in comparison to bodily experience, and ‘real’ politics lies elsewhere. This is so as it is a necessary step towards studying the relationship between technology and sexuality.<br /> <a href="http://bit.ly/9PV9YW" target="_blank">http://bit.ly/9PV9YW</a></p>
<p style="text-align: justify; "><b>The power of the next click...</b><span><br /> </span>P2P cameras and microphones hooked up to form a network of people who don't know each other, and probably don't care; a series of people in different states of undress, peering at the each other, hands poised on the 'Next' button to search for something more. Chatroulette, the next big fad on the Internet, is here in a grand way, making vouyers out of us all. This post examines the aesthetics, politics and potentials of this wonderful platform beyond the surface hype of penises and pornography that surrounds this platform.<br /> <a href="http://bit.ly/95twmz" target="_blank">http://bit.ly/95twmz</a></p>
<hr />
<h3><b>Telecom</b></h3>
<p style="text-align: justify; "><b>India's sorry spectrum story </b><span><br /> </span>In this article published in the Business Standard on June 3, 2010, Shyam Ponappa analyses the spectrum story in India. He says that the approach to spectrum management is an object lesson in how not to use information and communications technology for development. <br /> <a href="http://bit.ly/cojFFT" target="_blank">http://bit.ly/cojFFT</a></p>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/june-2010-bulletin'>https://cis-india.org/about/newsletters/june-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-08-10T09:38:46ZPageAnalysis of the Copyright (Amendment) Bill, 2010
https://cis-india.org/a2k/blogs/copyright-bill-analysis
<b>CIS analyses the Copyright (Amendment) Bill, 2010, from a public interest perspective to sift the good from the bad, and importantly to point out what crucial amendments should be considered but have not been so far.</b>
<p>
The full submission that CIS and 21 other civil society organizations made to the Rajya Sabha Standing Committee on HRD (which is studying the Bill) is <a title="Copyright Bill Analysis" class="internal-link" href="http://www.cis-india.org/advocacy/ipr/upload/copyright-bill-submission">available here</a>. Given below is the summary of our submissions:</p>
<h2 class="western">Existing Copyright Act</h2>
<p align="JUSTIFY">The Indian Copyright
Act, 1957 has been designed from the perspective of a developing
country. It has always attempted a balance between various kinds of
interests. It has always sought to ensure that rights of authors of
creative works is carefully promoted alongside the public interest
served by wide availability and usability of that material. For
instance, our Copyright Act has provisions for: </p>
<ul><li>
<p align="JUSTIFY">compulsory and
statutory licensing: recognizing its importance in making works
available, especially making them available at an affordable rate.</p>
</li><li>
<p align="JUSTIFY">cover versions:
recognizing that more players lead to a more vibrant music industry.</p>
</li><li>
<p align="JUSTIFY">widely-worded
right of fair dealing for private use: recognizing that individual
use and large-scale commercial misuse are different.</p>
</li></ul>
<p align="JUSTIFY">These provisions of
our Act <a class="external-link" href="http://a2knetwork.org/watchlist/report/india">have been lauded</a>,<sup><a class="sdfootnoteanc" name="sdfootnote1anc" href="#sdfootnote1sym"></a></sup>
and India has been rated as <a class="external-link" href="http://a2knetwork.org/summary-report-2010">the most balanced copyright system in a
global survey</a><sup><a class="sdfootnoteanc" name="sdfootnote2anc" href="#sdfootnote2sym"></a></sup>
conducted of over 34 countries by <a class="external-link" href="http://www.consumersinternational.org/">Consumers International</a><sup><a class="sdfootnoteanc" name="sdfootnote3anc" href="#sdfootnote3sym"></a></sup>.</p>
<p align="JUSTIFY">The Indian Parliament
has always sought to be responsive to changing technologies by paying
heed to both the democratisation of access as well as the securing of
the interests of copyright holders. This approach needs to be lauded,
and importantly, needs to be maintained.</p>
<p align="JUSTIFY"><br /></p>
<h2 class="western">Proposed Amendments</h2>
<h3 class="western">Some positive amendments</h3>
<ul><li>
<p align="JUSTIFY"><strong>Fair
Dealings, Parallel Importation, Non-commercial Rental</strong>: All works
(including sound recordings and cinematograph films) are now covered
the fair dealings clause (except computer programmes), and a few
other exceptions; parallel importation is now clearly allowed; and
non-commercial rental has become a limitation in some cases.</p>
</li><li>
<p align="JUSTIFY"><strong>Persons with
disabilities</strong>: There is finally an attempt at addressing the
concerns of persons with disabilities. But the provisions are
completely useless the way they are currently worded.</p>
</li><li>
<p align="JUSTIFY"><strong>Public
Libraries</strong>: They can now make electronic copies of works they
own, and some other beneficial changes relating to public libraries.</p>
</li><li>
<p align="JUSTIFY"><strong>Education</strong>:
Some exceptions related to education have been broadened (scope of
works, & scope of use).</p>
</li><li>
<p align="JUSTIFY"><strong>Statutory and
compulsory licensing</strong>: Some new statutory licensing provisions
(including for radio broadcasting) and some streamlining of existing
compulsory licensing provisions.</p>
</li><li>
<p align="JUSTIFY"><strong>Copyright
societies</strong>: These are now responsible to authors and not owners
of works.</p>
</li><li>
<p align="JUSTIFY"><strong>Open
licences</strong>: Free and Open Source Software and Open Content
licensing is now simpler.</p>
</li><li>
<p align="JUSTIFY"><strong>Partial
exemption of online intermediaries</strong>:
Transient and incidental storage of copyrighted works has
been excepted, mostly for the benefit of online intermediaries.</p>
</li><li>
<p align="JUSTIFY"><strong>Performer’s
rights</strong>: The general, and confusing, exclusive right that
performers had to communicate their performance to the public has
been removed, and instead only the exclusive right to communicate
sound/video recordings remains.</p>
</li><li>
<p align="JUSTIFY"><strong>Enforcement</strong>:
Provisions on border measures have been made better, and less prone
to abuse and prevention of legitimate trade.</p>
</li></ul>
<h3 class="western"><br /></h3>
<h3 class="western">Some negative amendments</h3>
<ul><li>
<p align="JUSTIFY"><strong>WCT and WPPT
compliance</strong>: India has not signed either of these two treaties,
which impose TRIPS-plus copyright protection, but without any
corresponding increase in fair dealing / fair use rights.</p>
</li><li>
<p align="JUSTIFY"><strong>Increase in
duration of copyright</strong>: This will significantly reduce the public
domain, which India has been arguing for internationally.</p>
</li><li>
<p align="JUSTIFY"><strong>Technological
Protection Measures</strong>: TPMs, which have been shown to be
anti-consumer in all countries in which they have been introduced,
are sought to be brought into Indian law.</p>
</li><li>
<p align="JUSTIFY"><strong>Version
recordings</strong>: The amendments make cover version much more
difficult to produce.</p>
</li><li>
<p align="JUSTIFY"><strong>Moral rights</strong>:
Changes have been made to author’s moral rights (and performer’s
moral rights have been introduced) but these have been made without
requisite safeguards.</p>
</li></ul>
<h3 class="western"><br /></h3>
<h3 class="western">Missed opportunities</h3>
<ul><li>
<p align="JUSTIFY"><strong>Government-funded
works</strong>: Taxpayers are still not free to use works that were paid
for by them. This goes against the direction that India has elected
to march towards with the Right to Information Act.</p>
</li><li>
<p align="JUSTIFY"><strong>Copyright
terms</strong>: The duration of all copyrights are above the minimum
required by our international obligations, thus decreasing the
public domain which is crucial for all scientific and cultural
progress.</p>
</li><li>
<p align="JUSTIFY"><strong>Criminal
provisions</strong>: Our law still criminalises individual,
non-commercial copyright infringement.</p>
</li><li>
<p align="JUSTIFY"><strong>Libraries and
archives</strong>: The exceptions for ‘public libraries’ are still
too narrow in what they perceive as ‘public libraries’.</p>
</li><li>
<p align="JUSTIFY"><strong>Educational
exceptions</strong>: The exceptions for education still do not fully
embrace distance and digital education.</p>
</li><li>
<p align="JUSTIFY"><strong>Communication
to the public</strong>: No clear definition is given of what constitute a
‘public’, and no distinction is drawn between commercial and
non-commercial ‘public’ communication.</p>
</li><li>
<p align="JUSTIFY"><strong>Internet
intermediaries</strong>: More protections are required to be granted to
Internet intermediaries to ensure that non-market based
peer-production projects such as Wikipedia, and other forms of
social media and grassroots innovation are not stifled.</p>
</li><li>
<p align="JUSTIFY"><strong>Fair dealing
and fair use</strong>: We would benefit greatly if, apart from the
specific exceptions provided for in the Act, more general guidelines
were also provided as to what do not constitute infringement. This
would not take away from the existing exceptions.</p>
</li></ul>
<p align="JUSTIFY"> </p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/copyright-bill-analysis'>https://cis-india.org/a2k/blogs/copyright-bill-analysis</a>
</p>
No publisherpraneshAccess to KnowledgeConsumer RightsCopyrightFair DealingsPublic AccountabilityIntellectual Property RightsRTIFeaturedBroadcastingPublicationsSubmissionsTechnological Protection Measures2011-09-21T06:01:54ZBlog EntryA Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement
https://cis-india.org/a2k/blogs/a-guide-to-the-proposed-india-european-union-free-trade-agreement
<b>The Centre for Internet and Society presents a guide for policymakers and other stakeholders to the latest draft of the India-European Union Free Trade Agreement, which likely will be concluded by the end of the year and may hold serious ramifications for Indian businesses and consumers. </b>
<div class="visualClear">In its ongoing negotiation for a FTA with the EU, a process that began in 2007 and is expected to end sometime this year, India has won several signicant IP-related concessions. But there remain several IP issues critical to the maintenance of its developing economy, including its robust entrepreneurial environment, that India should contest further before ratifying the treaty. This guide covers the FTA's IP provisions that are within the scope of CIS' policy agenda and on which India has negotiated favorable language, as well as those provisions that it should re-negotiate or oppose.</div>
<div class="visualClear"> </div>
<div class="visualClear">Download the guide <a title="A Guide to the Proposed India-European Union FTA" class="internal-link" href="http://www.cis-india.org/a2k/publications/CIS%20Open%20Data%20Case%20Studies%20Proposal.pdf">here</a>, and please feel free to comment below.</div>
<div class="visualClear"> </div>
<div class="visualClear">You may also download a <a title="India-EU FTA TRIPS Comparison Chart" class="internal-link" href="http://www.cis-india.org/advocacy/ipr/upload/India-EU_FTA_Chart.odt">chart</a> comparing the language proposed by India and the EU respectively with that included in the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).</div>
<div class="visualClear"> </div>
<div class="visualClear">Following is a summary of CIS' findings:</div>
<div class="visualClear"> </div>
<div class="visualClear">
<div class="visualClear">
<ul><li>India has become a de facto leader of developing countries at the WTO, and an India-EU FTA seems likely to provide a model for FTAs between developed and developing states well into the future.</li><li>The EU has proposed articles on reproduction, communication, and broadcasting rights which could seriously undermine India's authority to regulate the use of works under copyright as currently provided for in the Berne Convention, as well as narrowing exceptions and limitations to rights under copyright.</li><li>The EU asserts that copyright includes "copyright in computer programs and in databases," without indicating whether such copyright exceeds that provided for in the Berne Convention. Moreover, by asserting that copyright "includes copyright in computer programs and in databases," the EU has left open the door for the extension of copyright to non-original databases.</li><li>India should explicitly obligate the EU to promote and encourage technology transfer -- an obligation compatible with and derived from TRIPS -- as well as propose a clear definition of technology transfer.</li><li>The EU has demanded India's accession to the WIPO Internet Treaties, the merits of which are currently under debate as India moves towards amending its Copyright Act, as well as several other international treaties that India either does not explicitly enforce or to which it is not a contracting party.</li><li>In general, the EU's provisions would extend terms of protection for material under copyright, within certain constraints, further endangering India's consumer-friendly copyright regime.</li><li>An agreement to establish arrangements between national organizations charged with collecting and distributing royalty payments may obligate such organizations in India collect royalty payments for EU rights holders on the same basis as they do for Indian rights holders, and vice versa in the EU, but more heavily burden India.</li><li>The EU has proposed a series of radical provisions on the enforcement of IPRs that are tailored almost exclusively to serve the interests of rights holders, at the expense of providing safety mechanisms for those accused of infringing or enabling infringers. </li><li>The EU has proposed, under cover of protecting intermediate service providers from liability for infringement by their users, to increase and/or place the burden on such providers of policing user activity.</li></ul>
</div>
</div>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/a-guide-to-the-proposed-india-european-union-free-trade-agreement'>https://cis-india.org/a2k/blogs/a-guide-to-the-proposed-india-european-union-free-trade-agreement</a>
</p>
No publishergloverDevelopmentConsumer RightsCopyrightAccess to KnowledgeDiscussionEconomicsAnalysisTechnological Protection MeasuresIntermediary LiabilityinnovationIntellectual Property RightsPatentsPublications2011-08-30T13:06:03ZBlog Entry