Centre for Internet and Society

Open Government Data Study

pranesh — 2015-09-03T08:08:22Z

CIS produced a report on the state of open government data in India, looking at policy, infrastructure, and particular case studies, as well as emerging concerns, future strategies and recommendations. The report is authored by Glover Wright, Pranesh Prakash, Sunil Abraham, and Nishant Shah. We are grateful to the Transparency and Accountability Initiative for providing generous funding for this report.

Cross-posted from the Transparency and Accountability Initiative website.

Open Government Data Study: India

India provides one of the most fascinating examples of the use of open government data in a developing country context. It has one of the best right to information laws in the world and the government’s approach to open data builds on this legacy of making open data relevant to Indian citizens. An estimated 456 million Indians live on less than $1.25 a day and a key issue for India, and other developing countries, is how open data can be accessible to them.

This paper reviews the progress being made towards open government data in India. Using case studies, it examines some of the pressing challenges facing the adoption of OGD in India. These include infrastructural problems, privacy concerns and the power imbalances that improved transparency can unwittingly create. It also examines government attitudes towards open data and related policies and reviews the relationships between open government data, the media and civil society.

The authors argue that the Indian Government’s responsibility should not stop short at just providing information, but also extend to making it available and accessible in a way that facilitates analysis and enhances offline usability – and ultimately makes it accessible to the poorest.

The paper concludes by suggesting technical and policy strategies to develop, promote, implement and maintain a robust open government data policy in India.

Download the report [PDF, 1.03 MB]

For more details visit https://cis-india.org/openness/blog-old/open-government-data-study

Know your Users, Match their Needs!

rebecca — 2012-02-27T15:06:14Z

As Free Access to Law initiatives in the Global South enter into a new stage of maturity, they must be certain not to lose sight of their users’ needs. The following post gives a summary of the “Good Practices Handbook”, a research output of the collaborative project Free Access to Law — Is it Here to Stay? undertaken by LexUM (Canada) and the South African Legal Institute in partnership with the Centre for Internet and Society.

Almost ten years have passed since the Montreal Declaration on Free Access to Law (FAL) was signed by eight legal information institutes and other FAL initiatives. Today, the Free Access to Law Movement (FALM) is growing with over 30 initiatives having signed onto the Declaration and providing free, online access to legal information. While the movement continues to gain momentum, the big question no longer remains why we need free access to law, but instead how FAL initiatives can continue to do so sustainably in the long-term. The principles of access and justice underpinning the FALM have been well-argued and few would dispute the notion that citizens ought to have access to the laws under which they are governed. As the Montreal Declaration states: "Public legal information from all countries and international institutions is part of the common heritage of humanity…Maximizing access to his information promotes justice and the rule of law" (2002).

Regardless of legal system or political context, the importance of securing free online access to the law has been recognized from a variety of perspectives. Whether FAL is considered a critical democratic function or simply an essential efficiency within any legal system, it is difficult to contest that the internet has increased the accessibility of and ease with which legal information is being published and shared online. Setting the ideological and practical foundations of the movement aside, effectively demonstrating the impact of FAL initiatives and to secure their sustainability in the long-term remains the next big challenge for the FALM. Today, there is a growing necessity for grounded and realistic indicators that can validate some of the long-held assumptions around the impacts and outcomes of FAL initiatives. Furthermore, and perhaps more importantly, there is also a need for a more nuanced understanding of the factors that influence the sustainability of FAL initiatives— particularly in resource-scarce and often nebulous legal systems of the Global South.

This blog post provides some insight into the questions above through a brief summary of the results of the study Free Access to Law—Is it Here to Stay? This global comparative study was carried out by LexUM (Canada) and the South African Legal Institute in partnership with the Centre for Internet and Society. The project set out to begin providing answers to some of these critical questions around the impacts and sustainability of the FALM. It was initially hypothesized in the study that the sustainability of a FAL initiative rests upon a particular string of contingent factors. To begin, a particular condition would incentivize the creation of the FAL initiative — more often than not meeting the unmet needs of those requiring access to legal information. Next, if the FAL initiative is able to provide the service within a favourable context, it was suspected that it would produce favourable outcomes for both users and society at large. In turn, if the FAL initiative was able to provide benefits to users, it was theorized that these benefits would then stimulate reinvestment into the FAL initiative — forming a positive and sustainable feedback loop.

As the Good Practices Handbook highlights, the research hypothesis provided an accurate reading of what the sustainability chain of a FAL initiative might look like in practice. If unable to keep up with the evolving information requirements of their users, this study suggests that FAL initiatives run the risk of FAL becoming outdated and even outperformed by either government-based or private sector initiatives. This is why FAL initiatives must continue to be innovative and find new ways to meet users’ needs. Approaches take my include keeping their collections up to date, fine-tuning their services or even reinventing themselves through the provision of value-added services. Gathered from the experiences of the eleven countries across Africa and Asia examined in this study, the following is a brief summary of the nine “Good Practices” that emerging FAL initiatives can consider:

The FAL initiative should establish clear objectives: Before doing anything, the FAL initiative should decide what exactly it’s setting out to do…critical components such as content selection, targeted audience, expected reach, search functionalities and other website features help determine priorities and evaluate capacity to achieve these objectives.
How to be small and do big things: Most of the FAL initiatives studied as part of this project were formed of small teams (often less than five individuals). Initially, this may appear to pose a risk for sustainability. However, we saw a number of ways in which small teams have proven to be innovative, flexible, and able to thrive in environments of scarcity. However, as much as small teams can be seen as a source of innovation, they may also pose a risk in the medium to long-term.
FAL initiatives require expertise in both IT and legal information: Legal information management experts understand how the law is applied, how different texts and parts of texts speak to one another, and how these documents are used. IT experts can imagine a variety of ways to address these needs. If both forms of expertise is not available within the team of a FAL initiative, institutional partnerships provide promising sites for collaborative support. For example, the FALM constitutes a rich source of expertise and has proven to be a site of collaboration between established and emerging FAL initiatives. Further, universities have proven to be a significant source of human and financial resources for several FAL initiatives.
FAL initiatives should look to where they are headed (but not too far ahead): Because the purpose of a FAL initiative is to provide free online access to the law, it must secure access to this data for regular publication. How will legal information be received and organized by the initiative? In what format will it be published in? Early on, FAL initiatives need to develop both internal and external workflow processes to ensure that the initiative is able to provide regular access to updated information. Furthermore, an important finding of the study suggests that context plays a much larger role in a project’s sustainability. Consideration should be given to a country’s ICT infrastructure, the transparency of a government and their access to information regimes, and the nature of the legal information market when designing the workflows of an FAL initiative.
FAL initiatives should work with the ICT infrastructure in place: The quality and consistency of internet access varies across countries in the Global South. FAL initiatives should remain aware of how stakeholders and users are accessing the internet and develop their service accordingly. Considering the often intermittent nature of internet connectivity in the Global South, providing users with offline access to databases is a practical alternative.
FAL initiatives should use Free and Open Source Software: FAL initiatives should maximise their use of FLOSS. All FAL initiatives use FLOSS to some extent and without these flexible and cost-effective alternatives, it would be safe to infer that the FALM would have grown as quickly as it has.
FAL initiatives should be sensitive to culture: FAL initiatives rely on stakeholders and communities of users. Staying mindful of the professional and organizational cultures within a country may provide the initiative with a source of community support which may become a sustainability strategy. Further, integrated or parallel social networking platforms can play an essential role in community-building around the FAL initiatives and can also serve as another source of content in resource-scarce environments.
Find your users, match their needs: Project goals and appropriate strategies should be based on an in-depth understanding of the needs of those using the FAL initiative. As the sustainability chain suggests, when FAL initiatives produce positive outputs and outcomes, stakeholders will reinvest in the initiative to ensure its sustainability. If a user’s needs are effectively met by an FAL initiative, this group can provide either the resources or impetus for its continued success. Identifying who your users are and staying aware of their needs is a good way to secure reinvestment into the project.
FAL initiatives should diversify funding sources: This may be easier said than done — reinvestment can be the most challenging aspect of sustaining a FAL initiative. Early on, initiatives that receive donor-based funding benefit substantially upon investment. However, these initiatives are put at significant risk once initial seed funding has been depleted. Similarly, FAL initiatives that partnerships with other during their start up phase face similar fates as securing long-term service delivery can become a challenge. Possible funding sources included throughout the study include, among others: government, international development agencies or NGOs, the judiciary, law societies and the sale of value-added services.

In addition to these good practices, this study has emphasized the role the that the FALM has played in helping redefine online legal information as a public good. Each of the case studies demonstrates in a unique way the value openness plays in a legal information ecosystem, and how a robust digital legal information commons can be of benefit to users. Traditionally, the legal information market has been dominated by a select number of commercial players. In response, the FALM has created an important transnational space within which conversations around the provision of and access to legal information as a political right rather than a commodity to be bought and sold can take place. Encouragingly, governments in the Global South are catching and FAL initiatives from the South have proven to be immense sources of innovation in their own right. In Indonesia, for example, FAL initiatives have laid the groundwork for emerging government initiatives that are now prioritizing the provision of free, online access to legal and other government information. Today, I believe that we are witnessing an important paradigm shift as governments are beginning to recognize that “access” to legal information is a right to be held by the public.

Despite such headway, it is needless to say that FAL initiatives in the Global South continue to face immense sustainability challenges. However, it is hoped that this study can provide some practical insights for emerging initiatives and partnerships. However, as more FAL initiatives begin entering into the next stage of maturity and growth, it is more important than ever that they are able to adapt to adverse environmental changes and form long-lasting partnerships with information sources within government. Most importantly, FAL initiatives must remain dynamic and responsive to users’ needs. To do so, they must be able to tailor and expand their services, offerings and user-base. To secure their sustainability and relevance in the long term, they must also be continuously strengthening their ties and maintain open communication flows with users. If FAL initiatives are able to successfully make the transition from being supply side initiatives to becoming demand driven services, the FALM will be well-positioned for another decade of sustainable growth.

Download the collection below:

Good Practices Handbook (426 kb)
Environmental Scan Report (860 kb)
Local Researcher's Methodology Guide (1225 kb)

The full collection of case studies and the Good Practices Handbook was originally published on the Project Website. The Centre for Internet and Society oversaw the following case studies: India, Hong Kong, Indonesia and Philippines.

For more details visit https://cis-india.org/openness/blog-old/know-your-users

Accessibility of Government Websites in India: A Report

Nirmita Narasimhan, Mukesh Sharma and Dinesh Kaushal — 2012-09-26T08:16:55Z

The Centre for Internet & Society is pleased to announce the publication of a report on the accessibility of government websites in India. The report is published in cooperation with the Hans Foundation. Nirmita Narasimhan, Mukesh Sharma and Dinesh Kaushal are the authors.

Executive Summary

Website inaccessibility is the largest and most common barrier to implementing effective e-governance. In a country like India, where a very large percentage of the population is disabled, elderly, illiterate, rural, having limited bandwidth, speaks only a vernacular language or uses alternative platforms like mobile phones, having accessible websites becomes all the more important to ensure that government information and services which are available online are accessible and usable by these groups.

This report summarises the key findings of a test conducted to measure the accessibility of 7800 websites of the Government of India and its affiliated agencies against the Web Content Accessibility Guidelines (WCAG) 2.0, which is the universally accepted standard for web accessibility. It uses a combination of automated and manual testing to derive key findings. While the automated tool identified errors such as images without textual descriptions and HTML and CSS errors, manual testing was used wherever human decision was required, for instance, to judge whether a description of a link or image was indeed accurate, or to check for accessibility of forms.

Executive Summary

Highlights

Introduction

What is Accessibility?

Methodology

Findings and Interpretation

Known, Likely and Potential Problems
HTML and CSS Validation
Alternate Text for Non-text Objects

Recommendations

Appendix 1: Examples of Errors

Appendix 2: About the National Policy on Universal Electronic Accessibility

Appendix 3: List of Testers and Authors

Given below is the link to download the full report:

Accessibility of Government Websites in India: A Report (PDF)

For more details visit https://cis-india.org/accessibility/accessibility-of-government-websites-in-india

Pervasive Technologies: Patent Pools

nehaa — 2013-07-03T06:57:59Z

In this research paper, Nehaa Chaudhari gives an analysis of patent pools. She discusses the working of a patent pool, study patent pool in other areas of technology, and patenting in telecom and related technology.

Click to download the full research paper here (PDF, 475 Kb)

Introduction

The network landscape over the past few years has been characterized by several battles of supremacy between two or more rival technologies. [1] These battles have included, inter alia, the constant efforts at besting rivals in the arena of patenting innovations in technology, often as a result characterised by the imposition of high royalties on rivals, for the use of one’s patents. However, having realised that such efforts at besting the other could prove detrimental for all parties concerned in the long run, and stall technological advancements which would in turn translate into lower business revenue, mechanisms were devised to ensure a relatively equitable utilization of patents in the market place. One such mechanism that has been developed is that of patent pools.

Patent pools have been developed around most areas of high end technology and research and development. Over the course of this paper, the author has confined herself to a study on patent pools in the area of telecommunications, and the issues to be addressed therein. Specifically, the author will be dealing with patent pools around 3G, 4G, LTE, TD-SCDMA and TD-LTE technologies. Within this framework, the author seeks to examine what are patent pools, whether and what kind of patent pools exist, their associated costs, their licensing arrangements and the structure of the payment of royalty, and the feasibility of these patent pools.

Understanding Patent Pools

Patent pools are agreements among patent owners through which patent owners combine their patents, waiving their exclusive rights to the patent to enable others, or themselves, to obtain rights to license the pooled patents.[2] Therefore, such pools may be focussed either on cross licensing, that is companies mutually making their patents available to each other, or on out licensing, that is, a group of companies making a collection of patents available to companies that do not or might not have patents of their own to contribute to the pool.[3] Typically, modern patent pools combine patents of various companies and are around inventions that are required to implement an established industry standard, are licensed as a whole (on an all or nothing basis) and not as individual licenses for patents owned by various companies within that pool, and are available to any non member for licensing.[4] Such licensing is done under a standard agreement and royalty rates, on a non discriminatory basis. The exception to this rule is that if certain members have contributed patents to the pool, they may receive more favourable terms, in recognition of their cross licensing relationship to the pool.[5] When viewed from a law and economics perspective, patent pools are seen to be an efficient institutional solution to various problems that arise when companies have complementary intellectual property rights, and these rights are essential to new technologies being used and employed. [6] However, this perspective also warns about the antitrust risks that may arise when competitors or potential competitors are involved in the coordination of their intellectual property. For instance, such pools may be used to allocate markets or otherwise chill competition. [7]

The Working of a Patent Pool

Generally, a patent pool may be administered in one of two ways- it may either have an administrative entity, or may also just be a system of cross licensing between two firms.[8] In case of the former, the licensing agency may be one of the patent holders, [9] or may be an independent licensing company (e.g. MPEG).[10]

The ownership of patents within the pool is retained by the owners, who then license them to the operator/administrator on a non exclusive basis, with sub licensing rights. This means that the owners are free to continue to license their patents on an individual basis, and the administrator also has the right to further license the patents to any party who is interested in licensing from the patent pool.[11] The responsibility of managing licensing and licenses is vested in the operator/administrator of the patent pool. Licensees are required to report sales and pay royalties to the pool administrator, who in turn would enforce the conditions of the license.[12] The distribution of royalties between the members of the pool is on the basis of a formula which may, or may not be transparent to non member licensees, with the pool operator retaining a management fee.[13] Typically, pool licenses are also structured in a manner so as to render difficult early termination by the licensee. The nature of the contract, once signed by a licensee, is typically binding in nature. Therefore, this would mean that the administrator of the patent pool could sue the licensee for non performance of the contract.[14] However, unless a pool operator is a member of the pool itself, it cannot sue for the infringement of patents. [15] Therefore, in the event that a patented technology were to be utilised without having taken a license, one or more of the individual patent owners would be required to take legal action. The involvement of the pool operator would be limited to being a part of any settlement discussions, if they were to occur, since one of the options for the alleged infringer could be to obtain a license for the patent pool.[16]

Drawing Parallels with Other Patent Pools

In this section of the paper, the author seeks to study patent pools in other areas of technology in order to better understand the structure and pricing of patent pools.

The ‘3C DVD’ Patent Pool
Established in 1998, the 3C DVD Patent Pool was the brainchild of Philips, Sony and Pioneer, and L.G. was subsequently inducted as a member. Philips acts as a licensing administrator for patents held by all the companies, which are over two hundred in number. These patents include those for the manufacture of the DVD players, and for the manufacture of the DVD disks themselves. [17] The player license per unit royalty was set as 3.5% of the net selling price of each player sold. This was subject to a minimum fee of $7 per unit, which after January 1, 2000 became $5 per unit. The disc license royalty was set as $0.05 per disc sold.[18]

The ‘DVD- 6C’ Patent Pool
Established in June 1999, the members of this pool at the time of its inception were Hitachi, Matsushita, Mitsubishi, Time Warner, Toshiba, and JVC. This pool was also for the DVD-ROM and the DVD- Video formats, with Toshiba acting as the administrator. [19] The royalties were set at $.075 per DVD Disc and 4% of the net sales price of DVD players and DVD decoders, with a minimum royalty of $4.00 per player or decoder, which saw a substantial reduction in 2003.[20] Subsequently, there were various changes that were made to this group, including the inclusion of newer standards, the joining and subsequent departure of IBM and other organizations as a member etc. Hitachi and Panasonic also act as regional agents in certain regions of the world.

The MPEG LA pool
The MPEG-2 is a standard for describing the coding of data inter alia, on DVD discs. For MPEG-2, a patent pool has been established, where the administrator is an independent, external organization known as the MPEG Licensing Authority, that set itself the aim to develop a patent pool for this standard. [21] The MPEG LA invited parties that thought they owned patents essential to this standard to join the program, which took off in 1997. At present, the pool has over a hundred patents and thousands of licensees.[22]

Patenting in Telecom and Related Technology

In this section of the paper, the author examines the working of patenting and patent pools in the telecommunications sector and in areas of related technology.

Early Developments and the Emergence of GSM
Patent pools are slowly developing into a key component of the telecommunications and the technological industry. The technology industry has been said to be an ecosystem, wherein there is a complex correlation between those who develop the technology and those who implement it in the creation and development of products.[23] In the telecommunications industry for instance, each handset manufacturer has declared only a small percentage of the various types of intellectual property assets that are necessary to implement a 3G compatible cellular phone. Therefore, the working in such a context is that various companies develop different technologies, and the same is shared by various manufacturers that seek to make use of this technology.[24]

The revival of patenting in the sector of telecommunications, post a period of decline in the decades of the 19540s to the 1980s, is attributed to the advent of the GSM standard for mobile communications in Europe.[25] In 1988, the main European operators invited equipment suppliers and developed a procedure wherein manufacturers would have to give up their intellectual property rights and to provide free world wide licenses for essential patents.[26] After opposition from the manufacturers, the approach was modified to one wherein the operators required the suppliers to sign a declaration agreeing to serve all of the GSM community on fair, reasonable and non discriminatory conditions.[27] In the early 1990s, Motorola by refusing to grant non discriminatory licenses for its substantial portfolio of essential patents and only agreeing to enter into cross license agreements further intensified the debate over IPRs in telecommunications. The company only lifted these restrictions after various countries across the world expressed a preference for this standard. The experience in this standard has demonstrated that it would not be accurate to expect that all parties holding essential patents would be willing to license them to all interested parties.[28] Companies were only willing to relax their licensing conditions once revenue generating opportunities increased.

The 3G3P and the UMTS
In July 2000 the 3G Patent Platform Partnership (3G3P) and its 18 partners notified various agreements to the end of establishing a worldwide patent platform. The purpose behind this was disclosed to be that of providing a voluntary and cost effective mechanism to evaluate, verify and license patents that were essential for third generation (3G) mobile communication systems.[29] It was also claimed that the said agreements would have pro competitive effects and that the purpose behind this Platform was the facilitation of access to technology and consequent entry into the markets.[30] On the intellectual property front, the purpose was to reduce cost uncertainties and the delays that were accompaniments of licensing numerous essential patents for complex technologies.

While it has often been considered to be a patent pool, this arrangement has been said to be only similar to a patent pool.[31] The 3G3P itself has argued that since it was a mere facilitator of transactions between patent holders and licensees, and that membership was open to both licensors and licensees as opposed to only licensors as in the case of patent pools, it would be fallacious to classify the Platform as a patent pool. Further, it has also been argued that licensing by members is not restricted to the Platform and that there was no bundling or real pooling of the patents per se and those licensees have the opportunity to pick and choose between patents with the licensing being carried out on a bilateral basis. Additionally, unlike in a patent pool, there is no single license between the patent holders as a collective and the licensee, and the parties have a choice between the Standard License of the Platform, and a negotiable individual license.[32] A Standard License provides for Standard Royalty Rate, a Maximum Cumulative Royalty Rate and a Cumulative Royalty Rate.[33] Bilateral transactions on the other hand, are negotiated between the parties where the consideration is to be determined on fair and equitable terms.[34] This Platform also provides for a price cap, which, instead of being absolute and set at a pre-determined royalty rate, is a default five percent maximum (not minimum) cumulative royalty rate for potential licensees per product category.[35] The royalty rate for each individual patent will differ for each of the licensees and this depends on the patent portfolio under each product category that the licensee has chosen.[36]

The concerns and challenges of the GSM experience were well perceived during the determination of the course of action for UMTS. European actors were especially wary of Qualcomm and expected the firm to demand high license fees, with some even fearing them to be in excess of 10%.[37] Subsequently, various attempts at developing licensing schemes failed, until 2004 and the establishment of the W-CDMA Patent Licensing Programme for UMTS FDD patents.[38] At the outset, seven licensors offered their patents as a bundle to prospective licensors, a number which decreased over time.[39]

The Development of LTE Patent Pools
The next stage in the process of innovation in the realm of telecommunications was the development of the Long Term Evolution (LTE) Standard, which while being essential to 4G technology has also seen application in the realm of 3G. Consequently, patent pools or similar structures have been developed in these areas. LTE patents are being viewed as among the most valuable intellectual property resource in the mobile telecommunications industry, with most operators around the world building LTE networks.[40]

As per in a study conducted in 2011, 23% of the patents about this technology were owned by L.G. Electronics, with Qualcomm coming in second with 21%. Motorola Mobility, InterDigital, Nokia and Samsung each owned 9%, China’s ZTE owned about 6%[41] and Nortel owned 4%, which were later sold to a consortium of Apple, EMC, Ericsson, Microsoft, Research in Motion (RIM) and Sony, after Nortel filed for bankruptcy in 2009.[42] Ericsson also independently owns 2% of the patent pool and RIM owns 1%.[43] However, another analysis[44] of IP databases conducted by ZTE in 2011 revealed differing results. As per this analysis, InterDigital was the leader, with its Patent Holdings arm controlling 13% and the Technology arm controlling 11% of LTE essential patents. Qualcomm controlled 13%, Nokia and Samsung 9% each, Ericsson controlled 8%, as did Huawei, ZTE controlled 7%, L.G. controlled 6% and NTT DoCoMo brought up the rear with 5%. The remaining 11% was held by various other firms.[45] It is to be realized that these studies have often come under criticism from different companies, with each of them eager to portray themselves as the market leader.[46] Setting aside criticism driven by corporate egos, the principle of it, that is, the difficulty in assessing and valuing patents cannot be disputed. Valuing patents is far from merely counting the number of patents owned by a company. The complications are especially evident when it comes to determining which of these patents are essential and which of them aren’t. Additionally, the worth of these patents varies depending on the existence or the absence of certain conditions, including transfer restrictions, cross licensing arrangements, ownership and market conditions.[47]

The aforesaid discussion reveals the complexity and the fragmentation of the LTE environment, which further underscored the need to have patent pools in this field. Although the need for a patent pool was realized in 2009-2010, given that the WCDMA patent pool had been met with very limited success,[48] industry watchers were reluctant to be optimistic. This was in part fuelled by the understanding of the attitude of dominant players, wherein they continued to believe that they could derive more monetary, cross licensing and litigation defence value if they did not pool their patents.[49]

The development of LTE patent pools can be traced back to 2009, and the response of Via Licensing¸ Sisvel and MPEG LA to a Request for Information on forming such a patent pool by the Next Generation Mobile Network Alliance (NGMN).[50] Sisvel’s proposal, which it subsequently made at a public conference in 2010 sought to demonstrate that patent pools could prevent excessive costs from royalty stacking.[51] Among various other examples, Roberto Dini, the founder of Sisvel suggested that if patents were to be licensed individually, for instance, 85 patents for MPEG video at 50 cents apiece would cost $42.50. As opposed to this, the patent pool charged $2.50.[52] In 2011, the NGMN reiterated its recommendation to all stakeholders in the mobile industry that were interested in developing patent pools to hasten their development process to avoid further delays in LTE licensing.[53] The NGMN also went on to state that it would be ideal if all the parties were to agree on a single patent pool that promoted reasonable royalties, offered certainty on the availability of the licenses for patents and created a framework for evaluation of their essentiality, where the value of the patents essential to the pool would be established by the industry.[54] These recommendations were not without their fair share of criticism, both, from industry watchers[55] and from vendors.[56] Notwithstanding these reservations, both, Sisvel[57] and Via Licensing have gone on to issue calls for patents for the purposes of creating patent pools in the LTE marketplace.

The Sisvel LTE Patent Pool materialized in late 2012, wherein licenses were offered under a portfolio of patents essential to LTE.[58] The pool includes patents owned by Cassidian, the China Academy of Telecommunication Technology, the Electronics and Telecommunications Research Institute, France Telecom, TDF, and KPN, in addition to some patents that had been originally filed by Nokia but were acquired by Sisvel in 2011.[59] The pool is also open to other organizations that have patents essential to LTE. At present, the current portfolio of these patents is available under standard terms and conditions. The running royalty rate is 0.99 Euros per device.[60]

Having promised a launch within a few months in June, 2012[61] Via Licensing has also developed its own LTE Patent Pool, with the initial companies in this pool being AT&T, Clearwire Corporation, DTVG Licensing, HP, KDDI Corporation, MTT DoCoMo, SK Telecom, Telecom Italia, Telefónica and ZTE.[62] Like Sisvel’s Patent Pool, this pool is also open to other organizations that believe they possess essential LTE patents, and they are encouraged to submit the same for evaluation.[63] The patent pool floated by Via leans heavily towards service providers, but some of the big players in the industry including Nokia, Ericsson, Huawei Technologies and Samsung Electronics are conspicuous by their absence.[64] This absence is felt even in Sisvel’s patent pool, with the reasoning being proposed[65] that these key patent holders may prefer private licensing and subsequent litigation over pooled resources in patent pools.[66] Understandably, the launch of the LTE Patent Pools has been met with approval by the NGMN[67] but given the nascent stages in which both of these pools find themselves, it would be premature to comment (without first observing for a few months) the likelihood of their success or failure and how they would play out against each other.

The TD-SCDMA and the TD-LTE
Reportedly, China has spent several billion dollars on the import of analog and GSM technology,[68] and the country’s mobile communications industry continues to be dominated by foreign players.[69] Therefore, in continuation of a purportedly growing trend[70] in the area of telecommunications as well, domestically developed systems are being preferred and developed over standardized technologies that enjoy strong patent protection outside China.[71] Besides the avoidance of paying royalties to foreigners, the idea is also to use China’s strong market presence and have more participants in China’s home grown technology.[72]

Time Divisional- Synchronous Code Division Multiple Access (TD-SCDMA), developed by the China Academy of Telecommunications Technology (CATT), in collaboration with Datang and Siemens[73] is a Chinese indigenously developed 3G technology standard developed by China to reduce its dependence on western standards.[74] Interestingly however, it has been reported that the Chinese hold core patent technology only about 7% whereas most of the rest of it is taken by other foreign organizations.[75] In 2000, an industry consortium, the TD-SCDMA forum was established. The participants were China Mobile, China Telecom, China Unicom, Huawei, Motorola, Nortel, and Siemens, with the objective of developing and supporting this technology. Government support was received in 2002, following which the TD-SCDMA Industry Alliance was founded by well known market players including Datang, SOUTEC, Holley, Huawei, LENOVO, ZTE, CEC and China Putian. There has also been the creation of various joint ventures with international giants such as Alcatel, Ericsson, Nokia, (erstwhile) Nortel, Philips, Samsung and Siemens have also been created.[76]

Information about the existence of patent pools in this technology has been hard to come by. One of the few to write about patent pools in his 2008 paper,[77] Dazheng Wang proposes patent pools as a solution to the problem of commercialization of TD-SCDMA. He suggests that the framework of this patent pool should be on the industry principles of fair, reasonable and non discriminatory licensing terms for essential patents, with the end result being one of increased innovation and competition and an overall increase in market presence. Interestingly, a few articles[78] on blog posts on the internet speak about the existence of patent pools and their apparent misuse[79] as well.

It is submitted that these inconsistencies regarding the division of patents between various patent holders, where the percentage of patents held by each company have been pegged differently,[80] and about the existence of a patent pool or not raise pressing concerns about the payment of royalties and how licensing works in such a situation. On a very basic level, in order to be able to pay royalties and enter into licensing agreements, the existence of an identified, non disputed patent holder would be the sine qua non, which seems to be missing in the case of patents for TD-SCDMA. This problem is only further compounded by the lack of clarity on the very existence of patent pools. Had there been specified patent pools, the issues of determination of essential patents and the setting of royalties and licensing fees would have been standardized, a situation that cannot be invoked, without dispute, in the present Chinese context.

It is further submitted that despite China being the world’s largest market for mobile communications, and its progress from a mere importer to a developer of some parts of technology,[81] the Chinese experiment with TD-SCDMA seems to have met with limited success, in comparison to what was envisaged. For instance, while an agency had forecast that the number of TD-SCDMA subscribers in 2010 would be 34 million, by April, 2010 there were only 8 million or (even lower) subscribers.[82] One of the reasons for preferring other standards, for instance, the W-CDMA is the number of handsets compatible with the same and the consequent variety that is available to the consumer. To illustrate, one could look at the figures from June, 2010. At this point of time China Unicom had 94 models for W-CDMA from twenty four manufacturers including nine foreign ones, whereas China Mobile had only twenty eight models that were compatible with TD-SCDMA.[83] Interestingly, if one were to measure popularity in terms of sheer numbers, TD-SCDMA would emerge the winner over W-CDMA by a couple of million subscribers, but if the growth rate were to be considered, W-CDMA would come out on top. While TD-SCDMA grew only by 24%, W-CDMA has grown at 32% monthly since the start of its service is October, 2009.[84]

China’s experiments with creating its home grown telecommunication standards have not stopped with the development of the TD-SCDMA, with the country being on track in the development of the TD-LTE. Reports suggest that although the systems are in ‘trial’ mode officially, the 4G spectrum situation remains uncertain.[85] It is submitted that although this is in the nascent stages as compared to the TD-SCDMA, the concerns expressed earlier about TD-SCDMA and the suggestions made therein for the technology to realise its full potential would be equally applicable in this scenario as well.

Therefore, in light of this discussion it would not be fallacious to conclude that while the TD-SCDMA, and now more recently the TD-LTE standard might still be in its nascent stages, on a fundamental level it seems to have not fulfilled the objectives with which it was developed, especially given that a sizeable portion of its patents continue to be owned by foreign corporations. In addition to the challenges of attracting subscribers, it would also need to streamline its system of patents, royalties and licensing, if it wants to have a truly global or even national presence. To this end perhaps patent pools structured along the lines of those being developed or in place for other mobile communication technologies might provide a viable solution meriting consideration.

Concluding Observations

One of the fundamental concerns that plague most downstream organizations in the mobile communications sector is the prevalence of high licensing fees that need to be paid on essential patents, the cost of which often trickles down to the customers. A study on the licensing arrangements prevalent at the moment[86] reveals that as of the moment, the result of royalty rate caps is that they save money for downstream manufacturers, but this is at the expense of upstream licensors. The most significant savers are the ones downstream with no IP to trade, and vertically integrated companies while losing some revenue, are able to save significantly more in reduced expenses.[87]

Therefore, it comes as no surprise that efforts at limiting aggregate licensing fees have been at the forefront over the past couple of years. It is in this scenario that patent pools have developed, with operators such as Via Licensing and Sisvel even promoting themselves as being able to put together patent pools that would greatly limit licensing fees.[88] However, some owners of intellectual property continue to find bilateral licensing and cross licensing to be more profitable as opposed to patent pools.

One of the key concerns when it comes to fore when dealing with how patent pools are structured is about the distribution of income received from royalties within the members of the pool, which ties in with the bigger question of classifying patents as essential and non essential. More often than not, patent pools also have to grapple with the problem of members having conflicting interests. For instance, manufacturers have the incentive to cap aggregate royalties of certain essential patents that they would use in manufacturing, in order to reduce their licensing costs. However, these manufacturers could have also brought their own essential patents to the pool, perhaps of a new way of doing things, and would certainly be averse of having caps imposed on these royalties.

One of the key other considerations that patent pools need to take into account include the royalty rates affixed. In an interview some time ago, the founder of Sisvel, went on to state that while affixing these royalty rates, there could be no discrimination against licensees, since that would be a sure fire way of ensuring the collapse of the patent pool.[89] Additionally, patent pools also need to account for the difference in regulatory mechanism and their execution that exists across jurisdictions. For instance, customs officials in France pay a lot more attention to counterfeit goods than they would to patent infringing products, whereas those in Germany would have a keen eye on the latter.[90]

Various other concerns have also been identified with regard to patent pools over time. One of these is that they could potentially eliminate competition that comes from outside of patent pools.[91]

Additionally, patent pools are not all inclusive, since participation is entirely voluntary. Therefore, patent pools would not even be reasonably expected to cover all essential patents required to make a standardised product. This problem is rendered even more complex as a result of the presence of multiple patent pools around the same technology, as in the case of DVDs and more recently, LTE technology.

In sum, while portfolio cross licenses and patent pools can be helpful in resolving issues created by patent thickets by reducing transaction costs for licensees, while preserving to a definitive extent financial incentives for inventors to commercialize their existing inventions and undertake new research, the significant shortcomings of these pools also need to be taken into account before they can be heralded as the solution to problems presented by complex patent landscapes. While voluntary patent pools might have proved to be beneficial in some respects, the imposition of patent pools would be a fallacious approach to undertake.

[1]. Hui Yan, The 3G Standard Setting Strategy and Indigenous Innovation Policy in China: Is TD-SCDMA a Flagship?, DRUID Working Paper No 07-01, available at http://www2.druid.dk/conferences/viewpaper.php?id=1454&cf=9 (last accessed 07 12 2012)

[2]. Josh Lerner and Jean Tirole, Efficient Patent Pools, 4 Am. Econ. Rev. 691, 691 (2004)

[3]. Patent Pools- Some Not So Frequently Answered Questions, available at http://blog.patentology.com.au/2012/11/patent-pools-some-not-so-frequently.html (last accessed 10 December, 2012)

[4]. Id.

[5]. Id.

[6]. Philip B. Nelson, Patent Pools: An Economic Assessment of Current Law and Policy, Rutgers Law Journal, Volume 38:539, 559 (2007)

[7].

[8]. Roger B. Andewelt, Analysis of Patent Pools Under the Antitrust Laws, 53 ANTITRUST L.J. 611, 611 (1984).

[9]. Philips has been known to have been the licensing agency for patent pools where it was a member

[10]. Supra note 3

[11]. Supra note 3

[12]. Supra note 3

[13]. Supra note 3

[14]. Supra note 3

[15]. Supra note 3

[16]. Supra note 3

[17]. Rudi Bekkers et. al., Patent Pools and Non Assertion Agreements: Coordination Mechanisms for Multi Party IPR Holders in Standardization, available at http://www-i4.informatik.rwth-aachen.de/Interest/EASST_Bekkers_Iversen_Blind.pdf 22 (last accessed 09 December, 2012)

[18]. Id.

[19]. Id.

[20]. Id.

[21]. Supra note 17 at 23.

[22]. Supra note 17 at 23.

[23]. Keith Mallinson, Fixing IP Prices with Royalty Rate Caps and Patent Pools, available at http://ipfinance.blogspot.in/2011/07/fixing-ip-prices-with-royalty-rate-caps.html (last accessed 10 December, 2012)

[24]. Id. See Appendix 1 for a graphical representation of declared intellectual property assets in 2009.

[25]. Supra note 17 at 25

[26]. Supra note 17 at 27

[27]. Supra note 17 at 27

[28]. Supra note 17 at 28

[29]. Dessy Choumelova, Competition Law Analysis of Patent Licensing Agreements- the Particular Case of 3G3P, available at http://ec.europa.eu/competition/publications/cpn/2003_1_41.pdf- 41 (last accessed 10 December, 2012)

[30]. Id.

[31]. Id.

[32]. Id.

[33]. Id at 42.

[34]. Id at 42.

[35]. Id at 42-43.

[36]. Id at 43.

[37]. Supra note 17 at 29.

[38]. Supra note 17 at 39.

[39]. Supra note 17 at 39.

[40]. Elizabeth Woyke, Identifying the Tech Leaders in LTE Wireless Patents, available at http://www.forbes.com/sites/elizabethwoyke/2011/09/21/identifying-the-tech-leaders-in-lte-wireless-patents/ (last accessed 08 December, 2012)

[41]. Id.

[42]. Id.

[43]. Id.

[44]. Caroline Gabriel, ZTE Claims 7% of LTE Essential Patents, available at http://www.rethink-wireless.com/2011/01/11/zte-claims-7-lte-essential-patents.htm (last accessed 09 December, 2012)

[45]. Id.

[46]. Id.

[47]. Supra note 40.

[48]. Keith Mallinson, Mallinson: Uncertain Futures in LTE Patent Pool Licensing, available at http://www.fiercewireless.com/europe/story/mallinson-uncertain-outlook-patent-pool-licensing/2010-08-25 (last accessed 10 December, 2012)

[49]. Id.

[50]. Id.

[51]. Id.

[52]. Id.

[53]. NGMN Board Recommendation on LTE Patent Pool, available at http://4g-portal.com/ngmn-board-recommendation-on-lte-patent-pool (last accessed 10 December, 2012)

[54]. Id.

[55]. Caroline Gabriel, NGMN’s Calls for an LTE Patent Pool Will be Futile in the Current IPR Climate, available at http://www.4gtrends.com/articles/53511/ngmns-calls-for-an-lte-patent-pool-will-be-futile-/ (last accessed 11 December, 2012)

[56]. Michelle Donegan, Vendors Balk at LTE Patent Pool Proposal, available at http://www.lightreading.com/document.asp?doc_id=212362 (last accessed 11 December, 2012).

[57]. SISVEL: Patent Pool for 3G Long Term Evolution (LTE), available at http://www.thefreelibrary.com/SISVEL%3A+Patent+Pool+for+3G+Long+Term+Evolution+(LTE).-a0199544458 (last accessed 08 December, 2012)

[58]. LTE Patent Pool from Sisvel, available at http://4g-portal.com/lte-patent-pool-from-sisvel (last accessed 09 December, 2012)

[59]. Id.

[60]. Id.

[61]. Mike Dano, Via Promises LTE Patent Pool Launch Within Months, available at http://www.fiercewireless.com/story/licensing-promises-lte-patent-pool-launch-within-months/2012-06-15 (last accessed 07 December, 2012)

[62]. LTE Patent Pool Available Through Via’s Licensing Program, available at http://4g-portal.com/lte-patent-pool-available-through-vias-licensing-program (last accessed 10 December, 2012).

[63]. Id.

[64]. Stephen Lawson, Lte Patent Pool Brings Together Technologies From At&T, Zte, Hp And Others, available at http://www.computerworld.com/s/article/9232043/LTE_patent_pool_brings_together_technologies_from_AT_amp_T_ZTE_HP_and_others (last accessed 09 December, 2012)

[65]. Peter White, Sisvel LTE Patent Pool Emerges After All- Majors Still Hold Back from Committing, available at http://www.rethink-wireless.com/2012/11/05/sisvel-lte-patent-pool-emerges-all-majors-hold-committing.htm (last accessed 09 December, 2012)

[66]. Shankar Pandiath, Sisvel Launches Patent Pool for 3G Long Term Evolution (LTE), available at http://next-generation-communications.tmcnet.com/topics/nextgen-voice/articles/314957-sisvel-launches-patent-pool-3g-long-term-evolution.htm (last accessed 09 December, 2012).

[67].NGMN Board Welcomes Launch of LTE Patent Pool, available at http://4g-portal.com/ngmn-board-welcomes-launch-of-lte-patent-pool (last accessed 09 December, 2012).

[68]. ELSPETH THOMSON AND JON SIGURDSON (EDS.), CHINA’S SCIENCE AND TECHNOLOGY SECTOR AND THE FORCES OF GLOBALIZATION 17 (2008, World Scientific Publishing Company, Singapore).

[69]. Cong Cao, Challenges for Technological Development in China’s Industry, available at http://chinaperspectives.revues.org/924 (last accessed 11 December, 2012)

[70]. Peter Zura, China Launches TD-SCDMA Telecom Standard¸ available at http://271patent.blogspot.in/2006/01/china-launches-td-scdma-telecom.html (last accessed 10 December, 2012)

[71]. Id.

[72]. Id.

[73]. TD-SCDMA (time division synchronous code division multiple access), available at http://searchmobilecomputing.techtarget.com/definition/TD-SCDMA (last accessed 07 December, 2012).

[74]. SHAHD AKHTAR AND PATRICIA ARINTO (EDS.), DIGITAL REVIEW OF ASIA PACIFIC : 2009-2010 8 (2010, Sage Publications, New Delhi).

[75]. Supra note 1 at 2. See Appendix 2 for the breakup of patent holding. However, see details on Infra note 78 for a contradictory view, wherein China claims to own 30% of all TD-SCDMA patents.

[76]. Pierre Vialle, On the relevance of Indigenous Standard Setting Policy: the Case of TD-SCDMA in China, 2^nd International Conference on Economics, Trade and Development, (2012) 36 IPEDR 184-185 (IACSIT Press, Singapore).

[77]. Dazheng Wang, Patent Pool: A Solution to the Problem of TD-SCDMA’s Commercialization, http://ieeexplore.ieee.org/xpl/login.jsp?tp=&arnumber=5076744&url=http%3A%2F%2Fieeexplore.ieee.org%2Fiel5%2F5076660%2F5076661%2F05076744.pdf%3Farnumber%3D5076744 (last accessed 11 December, 2012).

[78]. China Owns 30% of TD-SCDMA Related Patents, available at http://www.cn-c114.net/582/a310685.html (last accessed 11 December, 2012).

[79]. The Legal Regulation on Patent Pool Misuse, available at http://www.socpaper.com/the-legal-regulation-on-patent-pool-misuse.html (last accessed 11 December, 2012).

[80]. Supra notes 75 and 78.

[81]. Tomoo Marukawa, Chinese Innovations in Mobile Telecommunications: Third Generation vs. “Guerrilla Handsets”, Paper presented at the IGCC Conference: Chinese Approaches to National Innovation, La Jolla, California, June 28-29, 2010 at 1.

[82]. Id at 8.

[83]. Id at 9.

[84]. Id at 9.

[85]. China to Speed Up TD-LTE Process, available at http://www.tdscdma-forum.org/en/news/see.asp?id=11998&uptime=2012-11-29 (last accessed 08 December, 2012)

[86]. Supra note 23.

[87]. Id.

[88]. Supra note 23.

[89]. Sisvel’s Patent Strategy, available at http://www.managingip.com/Article/2400452/Sisvels-patent-strategy.html (last accessed 12 December, 2012).

[90]. Id.

[91]. Supra note 23.

For more details visit https://cis-india.org/a2k/blogs/patent-pools

Unlicensed Spectrum Policy Brief for Government of India

Satya N Gupta, Sunil Abraham and Yelena Gyulkhandanyan — 2012-09-11T16:23:45Z

Centre for Internet & Society and the Ford Foundation are delighted to bring you the Unlicensed Spectrum Policy brief for Government of India. The policy brief authored by Satya N Gupta, Sunil Abraham and Yelena Gyulkhandanyan contains an Executive Summary and eight chapters. The research aims to recommend unlicensed spectrum policy to the Government of India based on recent developments in wireless technology, community needs and international best practices.

Executive Summary

The aim of this policy brief is to recommend unlicensed spectrum policy to the Indian Government based on recent developments in wireless technology, community needs and international best practices. We seek to demonstrate the need for and importance of unlicensed spectrum as a medium for inexpensive connectivity in rural/remote areas and source of innovation by serving as a barrier-free and cost-effective platform for testing and implementing of new technologies.

The specific frequency bands that we request for unlicensing are: 433-434 MHz, 902-928 MHz, 1880-1900 MHz, 2483-2500 MHz, 5150-5350 MHz, and 5725-5775 MHz. These demands reflect the widespread market adoption in countries where these bands have already become unlicensed.

Interference concerns to licensed users, which are the predominant reason for the limited allocation of unlicensed spectrum, are greatly diminished. Interference-free spectrum use by multiple operators is enabled by the short-range, low-power nature of most of the technologies operating in these spectrum bands, as well as innovative techniques that facilitate spectrum sharing.

Technological advancements such as Wireless Local Area Network (WLAN), Ultra Wide Band (UWB), Radio Frequency Identification (RFID), Near -Field Communication (NFC) systems, and others have demonstrated that when an opportunity for cost-efficient and flexible spectrum usage is presented in the form of unlicensed spectrum, the market is likely to respond through innovation and expansion.

The value of unlicensed spectrum in bridging the digital divide has been demonstrated through community wireless networking projects as well as inexpensive ITES (IT enabled services) operating on unlicensed spectrum that have been created to spread connectivity to digitally-marginalized areas. As demonstrated by numerous case studies, such networks administer e-learning, e-commerce, telemedicine, e-agriculture, and many other initiatives that lead to equitable social and economic growth, making unlicensed spectrum a “public good”.

The International Telecommunication Union (ITU), European Union telecom regulatory bodies, as well as leading state telecom policy makers and regulators such as the FCC (U.S. Federal Communications Commission) and OFCOM (UK Office of Communications) have recognized that the optimal use of radio spectrum is dependent on flexible spectrum management policies and the multi-time sharing of this precious resource. Of late, the relevance of unlicensed spectrum is being recognized by policy makers in India as well. This is evident from the National Telecom Policy 2012, as well as recent remarks on the subject made by senior government officials.

Download the Unlicensed Spectrum Policy brief for Government of India below:

PDF Document [519 Kb]
Word File [124 Kb]

For more details visit https://cis-india.org/telecom/unlicensed-spectrum-policy-brief-for-govt-of-india

The Last Cultural Mile

kaeru — 2015-04-03T10:59:23Z

Ashish’s monograph follows the career of a priori contradiction, one that only mandates a state mechanism to perform an act of delivery, and then disqualifies the state from performing that very act effectively. This contradiction which he names as the Last Mile problem is a conceptual hurdle, not a physical one and when put one way, the Last Mile is unbridgeable, when put another, it is being bridged all the time.

This monograph provides a set of four case studies of the Indian State. The case studies address four technologies, television, telecommunications, networked higher education and the Unique Identity project. It also looks at Wireless-in-Local Loop (or WLL) technology that constituted the first revolution in telecommunications in the early 1990s, the arrival of satellite television also in the 1990s, the low-end IT ‘device’ with which the Ministry of HRD plans to use digitized distance education to increase enrolment of Indian students by five per cent of the overall population, and the celebrated Aadhaar.

Download the Monograph here

For more details visit https://cis-india.org/raw/histories-of-the-internet/blogs/the-last-cultural-mile/the-last-cultural-mile-blog-old

Re:Wiring Bodies

Asha Achuthan — 2015-04-14T12:49:46Z

Asha Achuthan initiates a historical research inquiry to understand the ways in which gendered bodies are shaped by the Internet imaginaries in contemporary India. Tracing the history from nationalist debates between Gandhi and Tagore to the neo-liberal perspective based knowledge produced by feminists like Martha Nussbaum; Asha’s research offers a unique entry point into cyberculture studies through a feminist epistemology of science and technology. The monograph establishes that there is a certain pre-history to the Internet that needs to be unpacked in order to understand the digital interventions on the body in a range of fields from social sciences theory to medical health practices to technology and science policy in the country.

Section I (Attitudes to Technology) attempts to trace the trajectories of the critiques of technology standing in for science in the Indian context. This section traces the methodology of critique itself that animates the political in India and shows the ways in which these critiques access anterior difference, the ways in which they posit resistance as providing the crisis to closure of hegemonic western science and the ways in which this resistance fails to meet the promise of crisis.

Section II (Mapping Transitions) explores in detail the responses to science and technology in feminist and gender work in India. Here, Asha presents an ‘attitude’ to technology as discrete from ‘man’. Feminist and gender work in India have articulated four responses to technology across state and civil society positions. These being the presence of women as agents of technological change, the demand for improved access for women to the fruits of technology, the demand for inclusion of women as a constituency that must be specifically provided for by technological amendments a need for recognition of technology’s ills particularly for women and the consequent need for resistance to technology on the same count.

Keeping in mind that woman’s lived experiences have served as the vantage point for all four of the responses to technology in the Indian context, Asha suggests the need to revisit the idea of such experience itself, and the ways in which it might be made critical, rather than valorising it as an official counterpoint to scientific knowledge, and by extension to technology. Section III (Working towards an Alternative) does not address the ‘technology question’ in a direct sense but makes an effort to make that exploration.

Asha concludes by saying that she treats technology as a part of the philosophy of modern western science and the relationship between technology and bodies is the more obvious relationship upon which the formulations of human-technology relationships are built.

Download the monograph here [PDF, 2.58 MB]

For more details visit https://cis-india.org/raw/histories-of-the-internet/rewiring-bodies

Intellectual Property Rights — Open Access for Researchers

nehaa — 2015-03-24T01:22:20Z

In the year 2013, Nehaa Chaudhari had worked on a module on Intellectual Property Rights for United Nations Educational, Scientific and Cultural Organization (UNESCO)'s Open Access Curriculum (Curriculum for Researchers) as part of a project for the Commonwealth Educational Media Centre for Asia. UNESCO published the module this year. Nehaa Chaudhari and Varun Baliga were among the Module preparation team. Nehaa Chaudhari was the writer for Units 1, 2 and 3: Understanding Intellectual Property Rights, Copyright and Alternative to a Strict Copyright Regime.

This publication is available in Open Access under the Attribution - ShareAlike 3.0 IGO (CC-BY-SA 3.0 IGO) license (http://creativecommons.org/licenses/by-sa/3.0/igo/). By using the content of this publication, the users accept to be bound by the terms of use of the UNESCO Open Access Repository (http://www.unesco.org/open-access/terms-use-ccbysa-en).

Module Introduction

Intellectual Property Rights (IPR) are set of rights associated with creations of the human mind. An output of the human mind may be attributed with intellectual property rights. These are like any other property, and the law allows the owner to use the same to economically profit from the intellectual work. Broadly IPR covers laws related to copyrights, patents and trademarks. While laws for these are different in different countries, they follow the international legal instruments. The establishment of the Wold Intellectual Property Organization (WIPO) has established the significance of IPR for the economic growth of nations in the knowledge economy.

This module has three units, and while the Unit 1 covers the basics of IPR, Unit 2 expands in detail the components of copyright and explains the origins and conventions associated with it. Unit 3 discusses the emergence of liberal licensing of copyrighted work to share human creation in the commons. In the last unit, we discuss the Creative Commons approach to licensing of creative works within the structures of the copyright regime that permits the authors to exercise their rights to share in the way they intend to. Creative Commons provides six different types of licenses, of which the Creative Commons Attribution license is the most widely used in research journals part of the Open Access framework.

At the end of this module, you are expected to be able to:

Understand intellectual property rights and related issues
Explain copyright, authors’ rights, licensing and retention of rights; and
Use the Creative Commons licensing system

Acknowledgements

Nehaa would like to thank Varun Baliga and Anirudh Sridhar for their research and writing support in Unit 1, and Samantha Cassar for Unit 2.

Click to download the PDF containing the Modules. Also read UNESCO’s Open Access (OA) Curriculum is now online

For more details visit https://cis-india.org/a2k/blogs/unesco-nehaa-chaudhari-march-19-2015-communication-and-information-resources-news-and-in-focus-articles-unesco-open-access-curriculum-is-now-online

Asia in the Edges: A Narrative Account of the Inter-Asia Cultural Studies Summer School in Bangalore

nishant — 2015-04-14T12:47:38Z

The Inter-Asia Cultural Studies Summer School is a Biennial event that invites Masters and PhD students from around Asia to participate in conversations around developing and building an Inter-Asia Cultural Studies thought process. Hosted by the Inter-Asia Cultural Studies Society along with the Consortium of universities and research centres that constitute it, the Summer School is committed to bringing together a wide discourse that spans geography, disciplines, political affiliations and cultural practices for and from researchers who are interested in developing Inter-Asia as a mode of developing local, contextual and relevant knowledge practices.

This is the narrative account of the experiments and ideas that shaped the second Summer School, “The Asian Edge” which was hosted in Bangalore, India, in 2012. The peer reviewed article was published in Inter-Asia Cultural Studies Journal, Volume 15, Issue 2, on July 3, 2014. Click to download the file. (PDF, 95 Kb)

At the heart of the Inter-Asia Cultural Studies (IACS) project has been a pedagogic impulse that seeks to train young students and scholars in critical ways of thinking about questions of the contemporary. The ambition of developing an “Asian way of thinking” is not merely a response to the hegemony of North-Western theory in thought and research, especially in Social Sciences and Humanities. It is also a way by which new knowledge is developed and shared between different locations in Asia, to get a more embedded sense of the social, the political and the cultural in the region. Apart from building a widespread network of researchers, activists, academics and artists who have generated the most comprehensive and critical insights into developing ontological and teleological relationships with Asia, there have always been attempts made to integrate students into the network’s activities. From student pre-conferences that invited students to build intellectual dialogues, to subsidies and fellowships offered to allow students to travel from their different institutions across Asia, various initiatives have inspired and facilitated the first encounter with Asia for a number of young researchers who might have lived in Asian countries but not been trained to understand the context of what it means to be in Asia. Over time, through different structures, such as the institutionalisation of the Inter-Asia Cultural Studies Journal and the growth of the eponymous conference, the IACS has already expanded the scope of its activities, involving new interlocutors and locations in which to grow the environment of critical academic and research discourse.

Building upon the expertise and networks of scholarship developed for over a decade, the IACS Society initiated the biennial Inter-Asia Cultural Studies Summer School, in order to engage younger scholars and students with some of the key questions that have been discussed and contested in the cultural studies discourse in Asia. The IACS Summer School that began in 2010 in Seoul, is a travelling school that moves to different countries, drawing upon local energies, resources and debates to acquaint students with the critical discourse as well as the experience of difference that marks Asia as a continent. The summer school in 2012 was hosted jointly by the Centre for the Study of Culture and Society and the Centre for Internet and Society in Bangalore, India, in collaboration with the Centre for Contemporary Studies at the Indian Institute of Sciences.[1]

For a snapshot of the Summer School, see Table 1 below:

Table 1. The 2012 Inter-Asia cultural studies summer school: a snapshot

The Asian Edge

Core course: Methodologies for Cultural Studies in Asia (2–11 August, 2012)
Optional courses
The Digital Subject / Technology, Culture and the Body (13–16 August, 2012)
Language of Instruction: EnglishHomepage: http://culturalstudies.asia/?page_id=86
Organisers: Centre for the Study of Culture and Society, Bangalore; The Centre for Internet & Society, Bangalore
Host: Centre for Contemporary Studies, Indian Institute of Sciences, Bangalore
Co-organisers: Consortium of Inter-Asia Cultural Studies Consortium Institutions; Institute of East Asian Studies, Sungkonghoe University, Korea
Course Coordinators: Nitya Vasudevan & Nishant Shah
Number of Students: 35 students from 12 Asian countries
Number of Faculty: 17 from 5 Asian countries[2]

Plotting Edges: The Rationale

The second summer school, hosted in August 2012, with the support of the Inter Asia Cultural Studies Consortium and the Institute of East Asian Studies, was entitled “The Asian Edge.” We decided to stay with the metaphor of the Edge because it allowed us to experiment, both conceptually and in process, with new modes of engagement, interaction, knowledge production and pedagogy. The idea of an Asian Edge was interesting because it signalled a de-bordering of Asia. The Edge is also an inroad into that which might have remained invisible or inscrutable to those outside of it. The imagination of an Asian Edge brings in both the imaginations of geography as well as the notion of extensions, where Asia, especially in this hyper-real and geo-territorial age does not remain contained within the national boundaries. Within the Inter-Asia discourse, there has been a rich theorisation around what constitutes Asia and what are the ways in which we can reconstruct our Asianness that do not fall in the easy “Asian Studies” mode of being defined by the West as the ontological reference point. Chen Kuan-Hsing’s (2010) argument in Asia as Method, where he argues that Asia is a construct that emerged out of the Cold War and needs to be deconstructed and unpacked in order to understand the different instances and manifestations of India, have captured these dialogues quite comprehensively. Similarly, Ashish Rajadhyaksha’s (2009) landmark work Indian Cinema in the time of Celluloid marks how questions of nationalism, modernity, governance and technology have been peculiarly and particularly tied to cultural objects and industries such as cinema, not only in negotiations with the post-colonial encounters of India with its erstwhile colonial masters but also with the different locations and imaginations of India. Chua Beng-Huat (2000) in Consumption in Asia similarly points at the ways in which Asia works at different levels of materiality and symbolism, creating communities, connections and commerce in unprecedented ways, not only within Orientalist imagination but in Asia’s own imagination of itself. The Asian Edge was also a way of introducing new thematic interventions in the Inter-Asia Cultural Studies discourse. While the IACS project has invited and initiated some of the most diverse and rich conversations around cultural production—ranging from creative industries to cultural politics; from cultural objects to flows of consumption and distribution—we haven’t yet managed to shift the debates into the realm of the digital. The emergence of digital technologies has transformed a lot of our vocabulary and conceptual framework, but we haven’t been able to translate all our concerns into the fast-paced changes that the digital ICTs are ushering into Asia.

With this summer school, we wanted to introduce the digital and the technological as a central trope of understanding our existing and emerging research within inter-Asia cultural studies. And the edge, borrowing from the Network theories that have their grounds in Computing, Actor-Network modelling and ICT4D discourse, gives us another way of thinking about Asia. As the computing theorist Duncan Watts (1999) points out in his model of our universe as a “small world”, the edge, within networks is not merely the containing limit. It is not the boundary or the end but actually the space of interaction, communication and exchange. An edge is the route that traffic takes as it moves from one node to another. Edges are hence tenuous, they emerge and, with repetition, become stronger, but they also die and extend, morph and mutate, thus constantly changing the contours of the network. The ambition was to refuse the separation of technology from the Cultural Studies discourse, introducing what Tejaswini Niranjana in her work on Indian Language education and pedagogy calls “Integration” (Niranjana et al. 2010) rather than “interdisciplinarity”. It was also to provide a different historical trajectory to technology studies, what science and technology historians Kavita Philip, Lily Irani, and P. Dourish (2010) call “Postcolonial Computing.”

The Asian Edge then became a space where we could consolidate the knowledge and key insights from the Inter-Asia Cultural Studies discourse, but could also open it up to new research, new modes of engagement, and new questions that need the historicity and also the points of departure. These ambitions had a direct impact on both the structure of the Summer School as well as the processes that were subsequently designed
to implement it.

The core course: methodologies for cultural studies in Asia

The Inter-Asia Summer School in Bangalore thus had some distinct ambitions, which were reflected in its structure. While it wanted to reflect the rich heritage of scholarship that has been produced through the decade-long interventions, and give the participating students a chance to engage with these intellectual stalwarts of Asia, it also wanted to reflect some of the more cuttingedge and future-looking work that is also a part of the movement’s younger scholars. Hence, instead of going with the traditional model where the pedagogues teach their own text, explaining the nuances and intricacies of their work, we decided to stage a dialogue between the existing scholarship and emerging work. The curriculum for the summer school was designed by Dr Tejaswini Niranjana, Dr Wang Xiaoming and Nitya Vasudevan, to form the first Inter- Asia Cultural studies reader, reflecting the various trends and debates around different themes that have occurred in the movement. The reader, which served as a basic textbook for the summer school, and has plans to be bilingual (English and Mandarin Chinese), introduced historical thought, critical interventions and conceptual frameworks drawn from different locations within Asia. The reader not only incorporated the scholars whose work has shaped the Inter-Asia cultural studies movement but also the formative modern thought that has been central to the social, cultural and political theorisation in Asia.

However, instead of inviting the scholars whose work has been central to the Inter-Asia Cultural Studies thought, the instructors for the courses were younger critical scholars who are building upon, responding to and entering into a dialogue with the work prescribed in the curriculum. The pedagogy, hence, instead of becoming a “lecture” that synthesises earlier work, became a threeway dialogue, where the students and the instructors were responding to common texts, not only in trying to understand them but also in the context of their own work and interests. Moreover, each session was co-taught, by instructors from different disciplines, locations and geographies, to show how the same body of work can be approached through different entry points and pushed into different directions. The classroom hours, thus became a “workshop” space where the students and the faculty were engaging in a dialogue that sought to make the historical debates relevant to the discussions in the contemporary world. They also showed how the older questions persist across time and space, and that they need to be engaged with in order to make sense of the world around us.

Additionally, the Summer School classroom was designed as a space for collaborative pedagogy. The morning discussions around texts from the readers were followed by students presenting their work as a response to the texts prescribed for the day. Taking up a pecha-kucha format, it invited students to introduce themselves, their work, their context and their interventions and to open everything up for response and dialogue. The ambition was to build a community of intellectual support and interest, so that the students not only forge an affective bond but also a sense of collaboration and commonality in the work that they are already pushing in their existing research initiatives. The faculty for the day, along with some of the senior scholars also attended these presentations and helped tie in some of the earlier questions that might have emerged in the class, to the new material that was being introduced in the space.

While this dialogue around new research was fruitful, we also were aware that there is a huge value in getting the students to interact with some of the more formative scholars whose work was prescribed in the curriculum. Hence, alongside the classrooms, we also hosted three salons that brought some of the significant scholars from the Inter-Asia movement into a dialogue with each other, as well as into a conversation with local intellectuals and activists. The first salon, organised at the artist collaborator 1 Shanthi Road, saw Chen Kuan-Hsing and Tejaswini Niranjana, discussing the impulse of the Inter-Asia movement. Charting the history, the different trajectories and the ways in which it has grown, both through friendships and networks, and intellectual interventions and collaborations, the conversation gave an entrypoint to younger scholars in understanding the politics and the motivation of this thought journey. The second salon, organised at the Alternative Law Forum, had Ding Naifei (Taiwan) and Firdaus Azim (Bangladesh) in conversation with legal sexuality and human rights activists Siddharth Narrain and Arvind Narrain (India) to unpack the politics of rights, sexuality, modernity and identity in different parts of Asia. The third salon, hosted at the Centre for Internet & Society, saw Ashish Rajadhyaksha (India) in conversation with Stephen Chan (Hong Kong) looking at questions of infrastructure, sustainability and the new role that research has to play in non-university and non-academic spaces and networks. The salons were designed to be informal settings for conversations and socialising, giving the summer school students access to the senior faculty outside of the classroom setting.

The summer school also wanted to ensure that the students were introduced to the materiality and the texture of the local, to understand the different layers of modernity and habitation that the IT City of Bangalore has to offer. Hence a local tour, charting the growth of Bangalore from a sleepy education centre to the burgeoning IT City that it has become, guided by curator and artist Suresh Jairam, was included as a part of the teaching. The four-hour walking tour laid bare the different contestations and layers of an IT city in India, showing the liminal markets, local cultures of production, and the ways in which they need to be factored into our images and imaginations of modernity and the IT City. Along with these, there were student parties arranged in different local clubs and institutions of Bangalore, to offer informal spaces of socialising for the students but also to give them a glimpse of what public spaces and cultures of being social might look like in a city such as Bangalore.

The summer school found a new richness because two of the days were twinned with a workshop on Culture Industries, supported by the Japan Foundation, which became a pedagogic space for the summer school participants. The students had a new focus introduced to their work and a chance to meet other scholars and activists in the field from Asia, who presented their work as part of the Summer School. The creative industries workshop also afforded a chance for students to form new connections and collaborations with projects and research initiatives that were being discussed in that forum.

These different components were thus designed and put together as a part of the core course for the Inter-Asia Summer School in Bangalore. Each component had a specific vision and was designed to offer different spaces of learning, pedagogy and interaction for everybody included. The core course was an overview of the diversity and exchange that are parts of the Inter-Asia movement. The course ended with a “booksprint” model where the students, inspired by the conversations at the summer school, were given a day to submit written work that would capture their own learning and growth in the process. The submissions could take the form of an academic essay, a sketch towards a research essay, a blog entry summarising key events from a particular conversation, or a narrative summary of the key points in their own research and how it relates to the conversations at the Summer School. While the core course was compulsory for all the participants, the Summer School also offered two optional elective courses, which the students could opt for after the core course was concluded. The optional courses were designed to introduce students to work and debates that had not yet emerged centrally in the Inter-Asia debates, but were part of their current conversations.

New nodes: Optional courses: the digital subject/technology, culture and the body

The optional courses, which lasted for four days, were a way of introducing the students to some new core debates that are emerging in the Cultural Studies discourse. The courses were designed to specifically concentrate on how the older questions and frameworks are being reworked with the emergence of digital technologies, thus helping students to consolidate their own work and also engage with research initiatives across different parts of Asia.

The first optional course, entitled “The Digital Subject,” was coordinated by Nishant Shah and had lectures by Ashish Rajadhyaksha and Lawrence Liang. It proposed to account for the drastic changes in the relationships between the State, the Citizen and the Markets with the rise of digital technologies in the twenty-first century. The course proposed that as globalisation consolidates itself in Asia, we see changes in the patterns of governance, of state operation, of citizen engagement and civic action. We are in the midst of major revolutions in the Middle East and North Africa, powered by digital social change, some headed by cyber-utopians specialising in Web 2.0 and Social media. Phrases such as “Twitter Revolutions” and “Facebook Protests” have become very common.

Instead of concentrating only on the newness of technology-mediated change, there is a need to engage with the changing landscape of political subjectivity and engagement through a reintegration of science and technology studies with cultural studies and social sciences. The course thus posited certain questions that need to be addressed, within the domain of cultural studies, around the digital: what does a digital subject look like? What are the futures of existing socio-cultural rights based movements? How do digital technologies produce new interfaces for interaction and mobilisation? How do we develop integrated science-technologysociety approaches to understand our technology-mediated contemporary and futures?

Through a series of seminars, workshops, film screening, lectures, and fieldtrips, the course challenged the students not only to look at new objects of the digital but also to ask new questions of the old, inspired by the new methods and frameworks that the digital technologies are opening up for us.

The second optional course entitled “Technology, Culture and the Body” was coordinated by Nita Vasudevan and had Audrey Yue, Ding Naifei, Tejaswini Niranjana, Wing-Kwong Wong, and Hsing-Wen Chang as instructors. The course began with a hypothesis that, at this moment in history, we seem to be embedded in what Heidegger calls “the frenziedness of technology.” Hence, now more than ever, it is important that we try to understand how the gendered body relates to technology, and what this means for the domain of the cultural. For instance, what are the freedoms that technology is said to offer this body? What are these freedoms posed in opposition to? How do we understand technological practice contextually, both historically and in the contemporary? Is it possible to have a notion of the body that is outside technology, and a notion of technology that is outside cultural practice?

The course called for a move away from the idea of technology as a tool used by the human body, or the idea of technology as mere prosthesis or extension, to map the different ways of understanding the relationship
between culture, technology and the body, specifically in the Asian context. It will involve examining practices, cultural formations and understandings that have emerged within various locations in Asia. The course engaged the students in closereadings of key events and texts, hosted workshops to present and critique their own work, and think of collaborative pathways towards future distributed research and pedagogic initiatives that can emerge within the Inter-Asia space.

Both courses had additional assignments that included close-reading of texts, practical field work, critical reflection and collaborative projects completed during the span of the course.

Tying things up: key learnings

The Second Inter-Asia Cultural Studies Summer School was an ambitious structure, and while there were logistical hiccups in the implementation, there were some key learning aspects that need to be highlighted.

Working with tensions. Asia is not a homogeneous unified entity. There are several geo-political tensions that mark the relationships between different countries in Asia. While the academic protocol and individual interest in learning more can help negotiate these tensions, these tensions do play out in different linguistic, cultural and emotional unintelligibility, which becomes part of the pedagogic moment in the Inter-Asia classroom. Orienting the instructors to these tensions, and trying to build a collaborative environment where the students appreciate these tensions and learn to communicate with each other and engage with the different contexts is extremely valuable. In the summer school, we had students helping each other with translation, providing new contexts and critiques for each other’s work, and learning how to engage with the palpable difference of somebody from a different country. These tensions can sometimes slow the content and discussions in the classrooms, but taking it up as a collective challenge (rather than just thinking of it as a logistical problem where students not fluent in English need to be given tools of translation) made for a productive and rich learning environment.
Ownership of community structures. When young scholars from different parts of the world are thrown together for such an intense period of time, it is inevitable that there will be bonds of friendship and belonging that grow. We had debated about whether we should invest in doing online community building by creating platforms, discussion boards and other structures that accompany digital outreach and coordination. However, apart from the initial centralization for applications and programming, we eventually decided to make the participants owners of these activities.’ to give a better sense of the ‘digital structures of community building’. And it was fascinating to see how they formed social networks, blogs, Tumblrs and other spaces of conversation among themselves, making these spaces more vibrant and diverse, thus leading to conversations beyond the summer school.
Infrastructure of participation. The Summer School was an extremely subsidised event thanks to the generous support of the Inter-Asia Cultural Studies Consortium, the Institute of East Asian Studies and the Indian Institute of Sciences, who helped in significantly reducing the costs of registration. The availability of travel fellowships, subsidies, scholarships, and an infrastructure of access cannot be emphasised enough in our experience. Owing to the subsidised costs, the living conditions and the logistics were not optimal. And while the students were extremely cooperative and accommodating with the glitches, we realised that better living conditions and amenities, especially for young students who are travelling to a different country for the first time, are as important as the classroom and the intellectual thought and design. Finding more resources to ease the conditions of travel and living will help build richer conversations inside and outside the classrooms. Sustained efforts to find more funding for a space for the IACS summer school need to be continued.
Selection processes. It was wanted to promote the Inter-Asia movement and hence a first preference was given to students who applied for the summer school through an open call for application. The students were asked to have references from people who have been a part of the movement, and also to send in a brief essay describing their expectations from the summer school. We were scouting for students—given that the numbers we could accept were limited—who were involved in not only learning but also in contributing to the social and political thought of the Inter-Asia movement. We also encouraged students who might not have been a part of a formal education system but are considering further education. Instead of building a homogeneous student base, there was an attempt made to find different kinds of students, from different locations, at different places in their own research work, and with different disciplines and modes of engagement. Scholarships and travel aid were offered to students who we thought deserved to be a part of the summer school but did not have access to university resources for participation. The diversity helped bring a more comprehensive compendium of skills and methods to the table.
Integration and relevance. Younger students often find it difficult to deal with historically formative texts from other contexts because they do not see how this responds to their context or is relevant to their work in contemporary times. Efforts at integrating the different cultures, showing the different trajectories of thought and research within Asia, and at locating the older texts in the context of modern-day research were hugely rewarding and more attempts need to be made to continue this process of making the historical archive of the Inter-Asia Cultural Studies Movement relevant and critical in new research.
Planning the futures. The participants had all indicated that post the Summer School, they would be excited to see what future avenues for participation there could be. With this summer school, we hadn’t looked at modes of sustained engagement with the participants. While they did take the initiative to communicate with each other, the momentum that was generated because of these discussions could not be captured in its entirety because we did not have any formal structures and processes to continue the engagement. Especially if the IACS summer schools are some sort of an orientation into the IACS movement, then there should be more systemic thought given to how those interested in engaging with the questions can do so, through their own academic and institutional locations, but also through different kinds of support structures that continue the conversations and exchange that begin at the Summer School.
Synergy with the local. For us, as well as for the students, the synergy with the local movements, activists, artists and research was fruitful and productive. One of the values of a travelling summer school is that every summer school can take up a particular theme that is locally relevant and weave it into the summer school. For Bangalore, it made logical sense for us to bring questions of Digital Technologies and Identity/Bodies into the course. Even within the core course, there was an effort to integrate these as key questions that open up new terrains of thought and research within Inter-Asia cultural studies. The optional courses, which were introduced for the first time, were exciting and generated a lot of interest and engagement from the participants. Attempts at creating these kinds of synergies need to be supported along with new and experimental modes of pedagogy and learning.

The Second Inter-Asia Cultural Studies Summer School was a great opportunity to harness the potentials of the incredibly rich and diverse network that the IACS movement has built up over more than a decade. For us, it also became a playground where, inspired by the hacker culture and DIY movements that dot the landscape of Bangalore, we experimented with different forms of learning and knowledge production. Involving the students as stakeholders in the process, engaging with them as peers, making them responsible for collaborative learning, and creating spaces of participation and socialisation helped us circumvent many of the problems of language and cultural diversity that might have otherwise crippled the entire process. Pushing these modes of interaction and integration, while also creating an environment of trust, reciprocity and goodwill, is probably even more important than the curriculum and teaching, because these interactions create new nodes and connections, with each student and his/her interaction creating new edges that will hopefully shape and contribute to the contours of critical thought and intervention in Asia.

References

Chen, Kuan-Hsing. 2010. Asia as Method: Toward Deimperialization. Durham and London: Duke University Press.
Chua, Beng-Huat, ed. 2000. Consumption in Asia: Lifestyle and Identities. London: Routledge.
Philip, Kavita, Lily Irani, and P. Dourish. 2010. “Postcolonial Computing: A Tactical Survey.” Science Technology Human Values 37 (1): 3–29.
Rajadhyaksha, Ashish. 2009. Indian Cinema in the time of Celluloid: From Bollywood to the Emergency. New Delhi: Combined Academic Publications.
Niranjana, Tejaswini, et al. 2010. Strengthening Community Engagement of Higher Education Institutions. Bangalore: Centre for the Study of Culture and Society.
Watts, Duncan. 1999. “Networks, Dynamics, and the Small-World Phenomenon.” AJS 105 (2): 493–527.

Author's Biography

Nishant Shah is the Director of Research at the Bangalore-based Centre for Internet & Society, an International Tandem Partner at the Hybrid Publishing Lab, Leuphana University, and a Knowledge Partner with Hivos, in The Hague. He is the editor of the four-volume anthology Digital AlterNatives with a Cause? and writes regularly for the Indian newspaper The Indian Express and for the Digital Media and Learning Hub at dmlcentral.net. His current areas of interest are Digital Humanities, Digital Activism and Digital Subjectivity.

[1]. A mammoth project such as the Inter-Asia Summer School requires resources, support and generosity from family, friends, and colleagues that can never be measured or cited in a note. However, there are a few people who need to be mentioned for their incredible spirits and the resources that they extended to us. Dr Raghavendra Gaddakar at the Centre for Contemporary Studies, Indian Institute of Sciences and his entire staff were patient and hospitable hosts, housing the entire summer school for over a fortnight. The faculty, students and staff at the Centre for the Study of Culture and Society (CSCS) Bangalore helped in designing courses, finding venues and organising events that added to the richness of the summer school. Raghu Tankayala and Radhika P, both at CSCS were our rocks through this process, taking up a lion’s share of logistical arrangements. The help of the entire staff at the Centre for Internet and Society, who were there every step, helping with every last detail, and the Executive Director Sunil Abraham who lent us infrastructure and financial support to organise various events and salons, is unparalleled and I know I would have found it impossible to work without the knowledge that they would always be there to watch my back. All the instructors who agreed to join the teaching crew made this summer school what it became (a full list can be found at http://cis-india.org/internet-governance/iacs-summer-school-2012). Both Nitya Vausdevan and I owe a huge amount of gratitude to the IACS society and the Consortium, as well as the stalwarts of the IACS movement who put faith in our vision, and pushed us, supported us, inspired us and helped us to carry out the different things we had planned. The local partners who make our life worth living—friends and colleagues at 1 Shanthi Road and The Alternative Law Forum—have been our rocks and we cannot thank them enough for their support and encouragement. A special thanks to Daniel Goh, who apart from being a faculty member, also helped us put together the website to manage the workflow for the entire project.

[2]. A full list of instructors and the prescribed curriculum can be found at http://cis-india.org/internet-overnance/iacs-summer-school-2012.

For more details visit https://cis-india.org/raw/digital-humanities/routledge-inter-asia-cultural-studies-volume-15-issue-2-nishant-shah-asia-in-the-edges

Internet, Society & Space in Indian Cities

Pratyush Shankar — 2016-06-29T09:41:25Z

The monograph on Internet, Society and Space in Indian Cities, by Pratyush Shankar, is an entry into debates around making of IT Cities and public planning policies that regulate and restructure the city spaces in India with the emergence of Internet technologies. Going beyond the regular debates on the modern urban, the monograph deploys a team of students from the field of architecture and urban design to investigate how city spaces – the material as well as the experiential – are changing under the rubric of digital globalisation. Placing his inquiry in the built form, Shankar manoeuvres discourse from architecture, design, cultural studies and urban geography to look at the notions of cyber-publics, digital spaces, and planning policy in India. The findings show that the relationship between cities and cyberspaces need to be seen as located in a dynamic set of negotiations and not as a mere infrastructure question. It dismantles the presumptions that have informed public and city planning in the country by producing alternative futures of users’ interaction and mapping of the emerging city spaces.

Chapter 1 (City, Technology and Cyberspace) talks about the presence of a new technology of information communication in the society and how it can possibly impact cities in terms of their material production and other cultures. Does the rush of Information Technology in our society and space mark a radical shift in a manner in which cities will develop or is it a part of a larger continuous process that started with the Industrial revolution and reorganization of cities?

Chapter 2 (The Idea of Space) examines that cities not only provide the necessary environment for such a change but also readjust their own spatial configurations. It aims to understand the nature of such transformation both from the perspective of the change in material culture and in imagination of cities due to the advent of Internet related technologies.

Chapter 3 (The Imagination) looks at the fact that city is not only lived in but also imagined. Representation of the city and its part play an important role in shaping the imagination. The imagination is one that often collapses the past with present and future. The perception of the city is as much mediated by the collective imagination (as well as individual interpretation of the same) as by our experience of the space itself.

Chapter 4 (The Transformation) examines the city restructuring process. Cities like nations are now competing for investments from private corporate. The networked cities of India, Bangalore and Gurgaon have been studied further to understand the phenomenon of this IT related restructuring from the point of view of its transformed physical morphology and its repercussion on the nature of its public places.

Pratyush concludes by saying that cities seem to derive their identities with two kinds of imagination structures when it comes to space. First and foremost is the imagination resulting from the meta narratives of mythology, religious belief structure, position of humans in this world. The other imagination structure is the one, which engages with the land, folk and the immediate cultural practices of the community group. He further elaborates that the city restructuring process in India is supposed to symbolize the existence of the information technology but it is really real estate and economic opportunism more than anything else.

Download the monograph: PDF (9.8 MB)

For more details visit https://cis-india.org/raw/histories-of-the-internet/internet-society-space

The Online Video Environment in India - A Survey Report

pranesh — 2011-10-03T09:31:30Z

iCOMMONS, the OPEN VIDEO ALLIANCE, and the CENTRE FOR INTERNET AND SOCIETY have initiated a research project which seeks to survey the online video environment in India and the opportunities this new medium presents for creative expression and civic engagement. This report seeks to define key issues in the Indian context and begins to develop a short-term policy framework to address them.

The basic assumption of this paper is that the online video medium should support creative and technical innovation, competition, and public participation, and that open source technology can help develop these traits. These assumptions are not elaborated upon here. Instead, this report looks at questions of “openness” that are not strictly technological; that are specific to video in India; and that provide points of entry to a simple policy framework.

The paper is organized in the following parts:

The first chapter, THE NATIONAL CHARACTER OF INDIAN VIDEO, provides a brief historical timeline of events from the first screening of the Lumiere Brothers films in India in 1896, through the beginning of the twenty-first century. This chapter traces the traditional channels of dissemination of video content in India, and establishes the close and unique bond that the visual medium has formed with Indian society.
The second chapter, DIGITAL MEDIA AND NETWORK TRANSFORMATIONS, looks at recent media transformations like the rise of the Internet and peer-to-peer networking, the proliferation of telecommunications, and other developments which form the backbone of the emerging online video medium. Peer-to-peer and associative networking provides a new means of content circulation throughout the country.
The third chapter, MAPPING CONTENT ON THE INTERNET, traces the various types of visual content visible over these new networks, exploring case studies of videos circulating on the Internet which have raised new questions of censorship, freedom of speech, and the openness of the medium.
The fourth chapter, THE ‘OPEN VIDEO’ QUESTION, creates a judgment-based framework to assess the openness of the medium. This chapter lays out a series of questions around the broad spectrum of openness, viewed from various perspectives of access, participation, open source technology, and availability, with the intent of mapping the circumstances under which online video operates in India. Moreover, the chapter focuses on the structural limitations to video which can be addressed by policy, or even an absence of policy.

Whereas the report consciously makes an effort to explore not only transitory web videos but also films, the terms ‘video’ and ‘film’, in many parts are treated interchangeably. Although films and videos represent different traditional mediums of recording, the interest of this report in examining the ‘online video’ content in India, consists of both types of material—accessed perhaps with little distinction.

The scope of this paper is extremely broad and touches upon a wide variety of issues in India, where each area has a peculiar specificity of its situation—urban or rural, geographic, and so on. Links and references have been provided in the footnotes for background readings of these issues.

Click here to download the report. [PDF, 1.22 MB]

For more details visit https://cis-india.org/openness/online-video-environment-in-india

Silicon Plateau: Volume Two

sneha-pp — 2019-03-13T01:01:27Z

Silicon Plateau is an art project and publishing series that explores the intersection of technology, culture and society in the Indian city of Bangalore. Each volume of the series is a themed repository for research, artworks, essays and interviews that observe the ways technology permeates the urban environment and the lives of its inhabitants. This project is an attempt at creating collaborative research into art and technology, beginning by inviting an interdisciplinary group of contributors (from artists, designers and writers, to researchers, anthropologists and entrepreneurs) to participate in the making of each volume.

Download the book: Epub and PDF

Silicon Plateau Volume 2 explores the ecosystem of mobile apps and their on-demand services. The book investigates how apps and their infrastructure are impacting our relationship with the urban environment; the way we relate and communicate with each other; and the way labour is changing. It also explores our trust in these technologies, and their supposed capacity to organise things for us and make them straightforward—while, in exchange, we relentlessly feed global corporations with our GPS data and online behaviours.

The sixteen book contributors responded to a main question: what does it mean to be an app user today—as a worker, a client, or simply an observer?

The result is a collection of stories about contemporary life in Bangalore; of conversations and deliberations on how we behave, what we sense, and what we might think about when we use the services that are offered to us on demand, through just a tap on our mobile screens.

Website: siliconplateau.info

Contributors

Sunil Abraham and Aasavri Rai, Yogesh Barve, Deepa Bhasthi, Carla Duffett, Furqan Jawed, Vir Kashyap, Saudha Kasim, Qusai Kathawala, Clay Kelton, Tara Kelton, Mathangi Krishnamurthy, Sruthi Krishnan, Vandana Menon, Lucy Pawlak, Nicole Rigillo, Yashas Shetty, Mariam Suhail

Editors

Marialaura Ghidini and Tara Kelton

Publisher

Institute of Network Cultures, Amsterdam, in collaboration with the Centre for Internet and Society, India, 2018. ISBN: 978-94-92302-29-8

Book and Cover Design

Furqan Jawed and Tara Kelton

Copyediting

Aditya Pandya

Supported by

Jitu Pasricha, Bangalore; Aarti Sonawala, Singapore; and the Centre for Internet and Society, India.

Cross-posted from Institute of Network Cultures.

For more details visit https://cis-india.org/raw/silicon-plateau-volume-two

Response to the Draft National Policy on Open Standards for e-Governance

sunil — 2011-08-23T03:05:56Z

Pranesh Prakash, Programme Manager at the Centre for Internet and Society, authored a response to the draft Open Standards Policy document published by the National Informatics Centre, Department of Information Technology, Ministry of Communications and Information Technology.

The National Informatics Centre (NIC), Department of Information Technology (DIT), Ministry of Communications and Information Technology (MCIT) has recently published a Draft Policy on Open Standards for eGovernance. Members of the public have been invited to provide feedback to the document. The last date for feedback is 21st November 2008.

The Centre for Internet and Society has prepared a draft response to the draft policy. This response letter only deals with the policy document from the perspective of the global FLOSS movement. This is not meant to be comprehensive feedback to the document itself.

Institutional Co-signatories

Richard Stallman, Founder, Free Software Foundation, USA
Mishi Choudhary, Partner, Software Freedom Law Centre, USA
Dr. Alvin Marcelo, Director for Southeast Asia, International Open Source Network, the Philippines
Lawrence Liang, Founder, Alternative Law Forum, Bangalore, India
Dr. G. Nagarjuna, Chaiman, Free Software Foundation of India, Mumbai, India
Vinay Sreenivasa, Member, IT for Change, Bangalore, India

Individual Co-signatories

Shahid Akhtar, Founder, International Open Source Network, Canada
Denis Jaromil Rojo, Developer, Dyne, Netherlands
Raj Mathur, Consultant, Kandalaya, New Delhi, India
Marek Tuszynski, Founder, Tactical Technology Collective, United Kingdom

Text

Dear Sir or Madam,

The government had done a commendable job of releasing a progressive and forward-looking policy on the usage of open standards in e-governance. Globally the European Union's Electronic Interoperability Framework (EIF) guidelines (version 2 of which is currently in the draft stage) is considered to be the gold standard as far as open standard policy is concerned. The draft National Policy on Open Standards meets all of the EIF's four open standard requirements. However, there is still some room for improvement as discussed below.

While the document talks of the standard being royalty free (4.1 and 5.1.1) and without any patent-related encumbrance (4.1), it limits those requirements "for the life time of the standard" (5.1.1), which seems a bit ambiguous and is not defined in the appendix either. It would be preferable to make it royalty-free for the lifetime of the patents (if any) as open archival material shouldn't one day (after the end of "life time of the standard", and before the expiry of the patents) suddenly be forced to become paid archives. It would be desirable to make declarations of patent non-enforcement irrevocable (as the EU EIF does), by incorporating a wording such as: "irrevocably available on a royalty-free basis, without any patent-related encumbrance".

There should also be a separate provision in the "policy statement on open standards adoption in e-governance" section of the document making explicit that there can be no restraint on use or implementation of the standard (as has been stated in the "guiding principles" section).

Perhaps when talking of specification documents (5.1.5) the words "any restrictions" could be amended to include a few examples of what the term "any restrictions" would include. The document could make explicit that it must be permissible for all to copy, distribute and use the specifications freely, without any cost or legal barriers.

Sometimes private companies can interfere with the standardisation process, the document could perhaps be more explicit regarding remedial measures that could be undertaken in the event – for example use of competition law, as in the case of the EU EIF which states: "Practices distorting the definition and evolution of open standards must be addressed immediately to protect the integrity of the standardisation process."

As it stands, the draft document addresses many notions of openness (freely accessible, at zero cost, non-discriminatory, extensible, and without any legal hindrances, thus preventing vendor lock-in), and there is much to applaud in it. It has a clear implementation mechanism, with a laudable aim of establishing a monitoring agency and an Open Source Solutions Laboratory. It is applicable not only to future e-governance initiatives, but to existing ones as well. Furthermore, it also has an in-built review mechanism, which is crucial given the rate of change of technologies and consequently of the requirements of the government. Thus, the draft policy document very clearly encourages competition and innovation in the software industry and promotes the Free and Open Source Software (FOSS) movement and industry. As researchers from UNU MERIT have pointed out, even a nominal fee for usage of a standard can lead to exclusion of open source software implementations, leading to less competition in the software industry. Thus, all in all this draft document represents a commendable effort by the Indian government towards a sustainable and robust e-governance structure based on open standards. However, a few small amendments as suggested in this letter would make it an even greater guarantor of openness.

Yours sincerely,
Sunil Abraham
Director (Policy)
Centre for Internet and Society

Please download the draft response in the format you prefer.

For more details visit https://cis-india.org/openness/publications/standards/the-response

Sarah Zia - Not knowing as pedagogy: Ride-hailing drivers in Delhi

Sarah Zia — 2020-05-19T06:35:21Z

Working in the gig-economy has been associated with economic vulnerabilities. However, there are also moral and affective vulnerabilities as workers find their worth measured everyday by their performance of—and at—work and in every interaction and movement. This essay by Sarah Zia is the second among a series of writings by researchers associated with the 'Mapping Digital Labour in India' project at the CIS, supported by the Azim Premji University, that were published on the Platypus blog of the Committee on the Anthropology of Science, Technology, and Computing (CASTAC). The essay is edited by Noopur Raval, who co-led the project.

Originally published by the Platypus blog of CASTAC on July 18, 2019.

Summary of the essay in Hindi: Audio (YouTube) and Transcript (text)

Ride-hailing [1] platforms such as Olacabs and Uber have “disrupted” public transport in India since their arrival. It has been almost seven years since app-based ride-hailing became a permanent feature of urban and peri-urban India with these aggregators operating in over a 100 Indian cities now. Akin to the global story, much has happened – there was a period of boom and novelty for passengers and drivers, then incentives fell. Ride-hailing work has become increasingly demanding with reduced payouts. But what hasn’t received enough attention (especially outside the US) is how these platforms create a deliberate regime of information invisibility and control to keep the drivers constantly on their toes which works to the companies’ advantage. What then are the implications of this uncertainty, which is fueled by app design as well as by the companies’ decision that drivers need little or no information about users? How does service delivery operate in a context where those actually delivering it have little or no idea about the workings of the system?

When algorithms make us not know

Algorithmic interactions form the core of the technology in ride-hailing apps through which service seekers and providers interact. As Lee et al. (2015) describe, “Algorithmic management allows companies to oversee myriads of workers in an optimized manner at a large scale, but its impact on human workers and work practices has been largely unexplored… Algorithmic management is one of the core innovations that enables these (cab-riding) services.”

Algorithms are procedural logics that produce different effects depending on the data they receive and the outputs they are optimized for (Wilson, 2016). Moreover, platform companies are not transparent about how their business logics contribute to these “optimizations”, which makes it difficult for all the stakeholders (passengers, drivers, police personnel, etc.) to make an accurate assessment of their functioning. This essay, then, explores how the lack of transparency around algorithmic structures not only prohibits drivers from knowing completely and surely about their work (“why did I get this ride?”, “why did my ratings drop?”) but also how they build tactics of coping and earning from a place of unknowing. Algorithms act as a regulator of work and their inherent structure constrains drivers from knowing fully about their work. Unknowing thus has two aspects: first, drivers do not have access or means to gather information; second, it is difficult to be sure of the existence of the said information in the first place.

In my research on ridehailing in the Delhi-National Capital Region (NCR), there were three things that I asked drivers about which led to ambiguous and inconsistent replies: how rides were allocated, how fares were determined and how ratings worked. While some drivers told me upfront they did not know how these systems worked, others offered explanations that they had devised or heard from somewhere else. For instance, not knowing what they will make per trip means that drivers plan their day in terms of target earnings instead of number of trips. Nearly all drivers I spoke to said they aimed to make Rs 1500-2000 (approx USD 20-25) per day in order to break even, irrespective of whether that goal requires 10 or 15 trips in a day. Yet not knowing what the next trip will earn them means they can’t refuse rides easily. Many drivers expressed discomfort about this fact, especially when compared to other means such as auto-rickshaws and traditional cabs where drop destination is known beforehand and fares can also be pre-negotiated, Unlike ride-hailing drivers, auto rickshaw drivers have the right to refuse passengers.

Many drivers now call passengers after accepting their booking to find out the destination. According to some drivers, this call also helped them understand the kind of passengers they were about to get and sometimes even allowed re-negotiation of the drop location to a mutually convenient spot if it was originally in a congested area. They also felt that assessing passengers before a trip was important so that they could act as mediators in the information gatekeeping process, because the passengers would have seen the fare already. For a driver, the lack of information added many layers of constant negotiation in a single trip—starting from the call to find out the destination to conversations during the trip to gauge potential earnings to finally suggesting alternative drop locations if there are any constraints in accessing the original destination—before they can claim their rightful earnings.

Ridehailing drivers only get the user’s name and pickup location as details about an upcoming trip. Photo by Noopur Raval.

Knowing the terms of work—such as when work ends and begins, how the good jobs are being allocated and to whom, and an explanation of one’s income—is a foundation of formal and informal work. Such information is crucial because it allows us to separate our work and personal lives. Knowledge of these obviously quantifiable parameters can help drivers plan their earnings and investments and, crucially, when they can take a break based on much more or less work they have to do in order to meet their income targets.

Furthermore, as drivers showed me, ride-hailing companies spontaneously change the revenue model for “driver-partners” (as they are called) by sending them an SMS right before the change happens, thereby altering trip and mileage targets frequently to keep a degree of unknowability in drivers’ work. This unknowability disincentivizes drivers from going off the road as per their will and helps maintain a steady supply of cabs on the road. As Alex Rosenblat has demonstrated in her study of US Uber and Lyft drivers, they are compelled to accept rides without knowing their profitability. While the app design gives them an option to “choose” to accept or reject a ride, drivers are constrained by lack of adequate information pertaining to the trip as well as the rider in making this choice. The ‘information asymmetry’, as Rosenblat calls it, also feeds into drivers’ mistrust of the companies and their policies (Rosenblat, 2018). Moreover, these feelings and the uncertainty fed by unknowing were not limited to drivers. Passengers also noticed that a ride between two points could cost different prices at different times of day and they were not sure why or how this cost was calculated.

Unknowability as a form of knowing: A pedagogy of coping

As I observed in my interactions with drivers online and offline, new drivers often struggled with the degree of uncertainty and unknowability while more experienced drivers had accepted ‘not knowing’ and the opacity of the system as features of their work.

Not knowing enough about how much will a ride earn them means drivers are forced to be on the roads, often without a break. Photo by author.

Similar to what Rosenblat, Gray et al. and others have observed in the US, in India drivers were constantly engaged in meaning-making through communicative labor, i.e., sharing their experiences with other local drivers online and offline. Agreeing, reassuring, and repeating that drivers actually do not know enough through these discussions also gave them shared confidence in their own abilities and how they were approaching work despite being firmly rooted in unknowing. For instance, when I asked one Uber driver about how ratings worked, they said that all 5-star drivers were matched with 5-star passengers. Another Uber driver said that the higher a passenger’s ratings, the less time they would have to wait for pick-up.

Other forms in which this kind of unknowing manifested was the lack of a fare chart or any minimum or uniform rating system, leaving drivers to offer their own interpretations and coping strategies. For instance, a driver pointed out how very few rides are likely to be available in a specific suburb during hot afternoons and therefore he avoided dropping passengers to that location after 2PM.

How, then, does one learn to cope with such unknowable systems as a worker? And what values does such a pedagogy of coping with algorithmic opacity imbibe? In my fieldwork, apart from answering my questions, drivers were extremely interested in talking about the companies, including news about companies’ stock value, their futures, profits, etc. A persistent rumour in the field was that Reliance, the country’s largest telecom provider, was soon coming up with a competitor ride-hailing app, suggesting that there could be an incentive boom again. In online Facebook groups, drivers often discussed company CEOs’ salaries, comparing them to their own. On the flipside, when videos of ride-hailing and food-delivery drivers getting beaten up or arrested or cheated surfaced, drivers would comment with advice on how to safeguard oneself, how to deal with errant customers and so on. I interpret these practices of making sense of long and short-term work, framed as responses to constant ambiguity and uncertainty, as the development of an “algorithmic gut”.

This gut responds to the anxieties produced by platform infrastructure through a keen awareness of the shifts, the tweaks, the changes and the errors. And it orients how drivers approach and cope with their work by acknowledging that there is a lot unknown (and unknowable) in this kind of daily work. It also guides how drivers focus on the short-term (daily) goal of making profit, such as by tuning into peer groups both online and offline where grievances are discussed, collective action planned, and floating rumours assessed. This gut is an affective, sensorial attunement to how platforms are allocating and shifting power among drivers and plays a generative role in guiding drivers’ work decisions.

Conclusion

Uncertainty is an embedded part of a ride-hailing cab’s model of service delivery. For ride-hailing drivers, this ambiguity translates into less control over everyday negotiation of work as well as planning of financial assets for the future.

In my interactions, I discovered that drivers are certain that they will never know more than the company. What this has led to is a driver who is cynical but not entirely pessimistic. Drivers acknowledge that while companies and their structures may be problematic, what will keep them employed is passengers’ appetite for a service like this. They would like to imagine the future of their work but are cognizant of the dual challenge of the present: making money while struggling for self-preservation in order to perform immediate activities. Drivers are cognizant of an ambiguous future and even hesitant to engage in long-term planning. For now, they would prefer better earnings and greater control over how they perform labour. Hence, their focus is on devising specific strategies for known, short-term challenges instead of running after an unknown future.

Endnotes

[1] Uber and homegrown Ola both started operations in India as ride-hailing services with the sharing options being added in 2015. Hence, the term ride-hailing has been used to describe these services which also includes ride sharing.

References

Davis, Jenny L. 2014. “Triangulating the Self: Identity Processes in a Connected Era.” Symbolic Interaction 37 (4): 500-523.

Dodge, Martin and Kitchin, Rob. 2005. “Codes of life: identification codes and the machine-readable world.” Environment and Planning D: Society and Space 2005 (23): 851-881

Gray, Mary L., et al. 2016. “The Crowd is a Collaborative Network.” Proceedings of the 19th ACM conference on computer-supported cooperative work & social computing. ACM, 2016.

Kitchin, Rob. 2017. “Thinking critically about and researching algorithms.” Information, Communication & Society 20 (1): 14-29.

Lee, Min Kyung, et al. 2015. “Working with Machines: The Impact of Algorithmic and Data-Driven Management on Human Workers.” Proceedings of the 33rd Annual ACM Conference on Human Factors in Computing Systems.

Rosenblat, Alex & Stark, Luke. 2016. “Algorithmic Labor and Information Asymmetries: A Case Study of Uber’s Drivers.” International Journal of Communication 10: 3758–3784.

Ruckenstein, Minna and Mika Pantzar. 2017. “Beyond the Quantified Self: Thematic exploration of a dataistic paradigm.” New Media & Society 19(3): 401-418.

Willson, Michele. 2016. “Algorithms (and the) everyday”. Information, Communication & Society 10.1080/1369118X.2016.1200645

For more details visit https://cis-india.org/raw/sarah-zia-not-knowing-as-pedagogy-ride-hailing-drivers-in-delhi

Anushree Gupta - Ladies ‘Log’: Women’s Safety and Risk Transfer in Ridehailing

Anushree Gupta — 2020-05-19T06:29:12Z

Working in the gig-economy has been associated with economic vulnerabilities. However, there are also moral and affective vulnerabilities as workers find their worth measured everyday by their performance of—and at—work and in every interaction and movement. This essay by Anushree Gupta is the third among a series of writings by researchers associated with the 'Mapping Digital Labour in India' project at the CIS, supported by the Azim Premji University, that were published on the Platypus blog of the Committee on the Anthropology of Science, Technology, and Computing (CASTAC). The essay is edited by Noopur Raval, who co-led the project concerned.

Originally published by the Platypus blog of CASTAC on August, 1, 2019.

Summary of the essay in Hindi: Audio (YouTube) and Transcript (text)

Mumbai, India’s financial capital, is also often considered one of the safest cities for women in India, especially in contrast with New Delhi which is infamously dubbed as the “rape capital” within the country. Sensationalised incidents of harassment, molestation and rape serve as anecdotal references and warnings to other women who dare to venture out alone even during the daytime. The Delhi government recently proposed a policy for free transport for women in public buses and metro trains with the objective of increasing women’s affordability and access and to ensure safety in public transportation. [1] Despite such measures to increase women’s visibility and claims to public utilities and spaces, women who use public transport have historically suffered groping and stalking on buses and trains, which uphold self-policing and surveillance narratives. The issue of women’s safety in India remains a priority as well as a good rhetorical claim and goal to aspire to, for public and private initiatives. Ironically, the notion of women’s safety is also advanced to increase moral policing and censure women’s access to public spaces, which also perpetuates exclusion of other marginalised citizens (Phadke 2007). Further, and crucially, whose safety is being imagined, prioritized and designed for (which class of women are central to the imagination of the safety discourse) is often a point of contention.

In this context, ridehailing services offered by Uber and Ola have come to be frequently cited as safer and more reliable options for women to traverse the cityspace, compared to overcrowded buses and trains. Their mobile applications promise accountability and traceability, enforcing safety standards by way of qualified and well-groomed drivers, SOS buttons and location-sharing features. However, it has increasingly become common knowledge that these alternatives are prone to similar, if not worse, categories of crimes against women. While reports of violence against women in cabs have mostly been outside of Mumbai, due to “platform-effects,” such incidents have widespread ramifications for drivers across the country. Cab drivers who operate via cab aggregator platforms have come under heavy scrutiny not only by the corporate and legal infrastructures of aggregator companies but also in the public eye. On the other hand, platform companies independently, and in partnership with city and state administrations, continue to launch “social impact” initiatives aimed at women’s safety as well as employment (through taxi-driving training). [2] Incidents of violence against women present jarring narratives of risk not only for female passengers but also for the platform-workers, both of whom are responsible for abiding by the constructed notions of safety for women in urban spaces.

In this post, I explore women’s presence as workers as well as passengers/customers in the ridehailing platform economy, in the context of women’s safety, situating the analysis with a focus on Mumbai. The related discourses around risk for female commuters give rise to various interventions and women-centric services through female-only cab enterprises and training more women drivers to mitigate this risk. Through these, I will think through the figure of the woman in the ridehailing economy in Mumbai and by extension in India.

Platforms in Gendered Cityscapes

Mumbai’s public transport is comprised of the local train network, BEST buses and auto rickshaws, with the metro being the newest addition to the mix. Unlike in most of India, kaali-peelis (black-yellow cabs) have been a permanent feature of Mumbai’s landscape since the 1950s and, taking a cab is not necessarily a luxury. Against this backdrop, platform companies have sought to make the claims of democratizing public transport and providing safer travel options to women in the city.

Cab drivers on ridehailing platforms in Mumbai are usually domestic male migrants or Muslim drivers from within and outside the city, who are more often than not overworked and stressed due to the falling incomes and rising debts. It is important to recognise the ‘veiled masculinities’ (Chopra 2006) which labor to service the emergent platform economy and the hierarchies of caste and class which are sustained through their labor. The incongruence between the masculinity of a working class man and the demands of the service economy (Nixon 2009) exacerbates emotional pressures in customer-facing services, which can offer an explanation for angry outbursts and conflicts between drivers and customers.

Uber’s ad on a billboard in Mumbai promises earnings of more than Rs. 1 lakh per month. Using a woman’s image illustrates the extent of their potential for transforming lives and livelihoods. Source: Drivers’ Union Telegram Group.

While Uber and Ola claim that a large number of women drivers work on their platforms, actual experiences of passengers and the male drivers I spoke to, suggested otherwise. Ironically, mass driver-training programs are seen as a quick way to make low-skilled and migrant male workers employable in Indian cities while, despite public-private partnerships to train women, it has been impossible to retain women drivers due to stereotypical perceptions of gender and persistent social stigma. [3] This made the ridehailing passenger woman (upper middle class, affording professional) a stakeholder to design for, while female drivers (but all female workers) appeared as liability for platforms.

These narratives speak directly to the construction of insecurity and risk for women (Berrington and Jones 2002) on public transport systems as they highlight vulnerabilities due to public exposure of women’s bodies. Pandering to a moral panic standpoint and creating personalised or ‘inside’ safe spaces for women to manage risk (Green and Singleton 2006), these platforms can then be imagined as a boundary-setting exercise. Access to public spaces is encouraged but it is delimited by confining the woman’s body to a singular vehicle in the custody of the cab driver. Autonomy and access afforded by the platform manages to transform women—particularly upper class and upper caste women who can afford these services—into potential customers. Their agency is bounded though by tasking the driver to ferry her across the otherwise hostile cityscape filled with ‘unfriendly bodies’ (Phadke 2013). The production of the city’s gendered space goes hand in hand with the confinement/erasure of female bodies in the public space as they embody patriarchal norms even in a city as ‘progressive’ as Mumbai. As demonstrated by studies mapping the movement of women in the city (Ranade 2007), the spatio-temporal factors lend themselves to creating gendered bodies in order to keep patriarchal norms intact. These norms, as I argue in this post, are detrimental not just to women but also other marginalised sections of the urban population, in this case platform workers.

Terms of Safety

Male drivers’ social identities as lower class, lower caste individuals do not inspire confidence in the standards of safety boasted by these companies in the eyes of their predominantly upper caste and upper class customer base. Risk to female passengers is further exaggerated due to the closed space in which the service is provided, highlighting the proximity to a potential aggressor by way of these platforms. In specific situations wherein a female passenger is inebriated or is travelling alone at night, drivers report being extra cautious and helpful towards her. Many respondents proudly mention going out of their way to make sure women get home safely, for instance, prolonging waiting time or escorting them to the entrance of their residential buildings or involving the security guard at the gate.

However, there have also been cases wherein the driver has been under scrutiny either by an overly careful passenger or by the public. One driver reported being surrounded by a crowd at a traffic signal, only to realise that he was being suspected of foul play with the female passenger who had fallen asleep on the backseat of the car. In contrast to their western counterparts, the class differences between drivers and passengers in India exacerbate doubts, fears and insecurities in India which tend to take a caste-purity angle as well. The woman’s body undergoes an exchange of custody in these instances wherein she is deemed incapable of taking care of herself and requires external assistance. Imagining a deterrence effect of ridesharing services (Park et. al 2017) reinforces the logic of guardianship and protectionism for the woman. The risk of carrying her in the vehicle in these situations is borne by the cab driver, operating under a framework of overbearing protectiveness which holds him culpable for any misgivings, assumed or otherwise.

Cautionary listicles advise women to not take a cab alone at night, carrying pepper sprays/umbrellas as tools for self-defence, refrain from conversations with drivers or talk continuously on the phone, among other things. The onus of the woman’s safety is either on the individual herself or the driver who is ferrying her. Moreover, the driver is a likely assailant whom the woman should guard against as well. Source: HelloTravel.

Notions of safety and risk are embodied in everyday interactions in urban spaces and mediated by disparate infrastructures of knowledge across distinctions of caste, class and gender. These distinctions define constraints which govern social interactions between actors of these categories. Interactions between lower caste or Muslim men and upper caste/class women are circumscribed by what Tuan (1979) describes as ‘landscapes of fear’. Be it the apprehensions about sharing a ride with a passenger of the opposite sex (Sarriera et. al 2017) or reports of gang-rapes by cab drivers, the boundaries of social conduct are laid out clearly by constructing narratives of risk and safety. The protection of the female body and her sexual safety is not her responsibility alone but that of the society as a whole. The so called preventive measures for rape and violence against women produce the dichotomies of frailty and strength (Campbell 2005) in so far as they project the woman as always at risk with the shadow of a potential assault always looming large.

When asked about interactions with women as customers or fellow drivers, drivers performed exaggerated respectability for women. The catch in these narratives however was that drivers justified and extended respect only to ‘good’ customers, where a ‘good’ woman was a certain kind of a moral actor.

Given the prevailing discontent with redressal mechanisms for workers on the platforms, it was not surprising to witness a group of drivers at the Uber Seva Kendra (help centre) in Mumbai, debating whether they should be accepting requests from any female customers at all. Drivers also had to attend mandatory training sessions for ‘good conduct’ with customers wherein they underwent behavioral correction and gender sensitisation lessons. [4] The gendering of the platform economy is baked into these instructions and trainings that reproduce male drivers as figures of safety and constant positive affect.

Gender, Safety, and Enterprise

In my fieldwork, I also came across a slew of ventures run by fleet owners and others that sought to service women passengers and employ women drivers exclusively. Claiming to fill in the gaps of inadequate vetting mechanisms in existing platforms, these alternate ventures purportedly smoothened out some anxieties by eliminating the risk of interacting with a man from different socio-economic strata. The premium charged by these companies was telling of the value of safety and affordability of these services for a large section of their intended audience, namely women with higher disposable incomes residing in metropolitan cities.

On the flipside, these enterprises encouraged women to break stereotypical perceptions about women drivers, also giving a nod to increasing and diversifying opportunities of employment for women. However, these ideas remained attractive only in principle and fizzled out sooner or later as most of these ventures did not succeed. A severe capital crunch due to unsustainable business models, limited funding options and lack of substantial supportive ecosystems for training and upkeep are possible reasons for failure. [5] Even so, the idea of a women-centric service continues to remain valuable because of the promise of safety which is produced through considerations of class, caste, gender and religion (Phadke 2005). Any alternative to avoid interaction with men from a lower class or caste background or from another religion (especially Hindu/Muslim in Mumbai) is welcome in a society which is deeply stratified and entrenched in caste-class systems of religion and economy alike.

Conclusion

The pervasiveness of the discourses of safety and risk in the ride hailing space became apparent to me during field research. Respondents indicated a heightened awareness of my gender, referring to me as “madam” and taking measures to ensure my safety. They advised me to use a separate phone to interact with drivers and moderated my interactions with drivers on the Telegram group (run by one of the Unions in Mumbai). Union representatives were also diligent in moderating the group to filter out abusive language as a token of respect for women. My apprehensions in interacting with drivers, most of whom were older men from a lower class/caste community, were also indicative of my social conditioning as an upper class and upper caste woman. Self-policing and boundary setting in both physical and virtual interactions, while necessary to some extent, were often rendered useless as the shifting of risks became apparent to me in my interactions with the drivers.

In this piece, I have tried to show how gendered norms govern the construction of safety and risk which in turn regulate social interactions. Limiting exposure in a personal cab as opposed to a public bus/train also heightens considerations of intimacy and proximity to a potential aggressor (often from a marginalised sociocultural background). Women-centric cab services mitigate this by promoting the image of the female driver who breaks social norms. However, these services dwindle till they completely disappear due to a capital crunch or insufficient infrastructural support. Patriarchal contexts reaffirm the woman as a risky object by highlighting narratives of vulnerabilities and insecurities in the ridehailing space. Besides the woman, the cab drivers are held accountable for bearing this risk and ensuring her sexual and physical safety. These patriarchal hierarchies of protectionism are sustained by platform workers’ affective labour which lubricate the wheels of the platform economy.

Endnotes

[1] https://www.thehindu.com/news/cities/Delhi/free-rides-for-women-only-the-starting-point-say-activists/article28111938.ece

[2] https://www.olacabs.com/media/in/press/ola-foundation-launches-drive-to-enable-sustainable-livelihoods-for-500000-women-by-2025

[3] https://www.buzzfeed.com/soniathomas/girl-power

[4] https://yourstory.com/2018/11/uber-gender-awareness-sensitisation-driver

[5] https://www.livemint.com/Companies/bo4534H8mOWo0oG6VQ0xbM/As-demand-for-womenonly-cab-services-grow-challenges-loom.html

References

Berrington, E. and Jones, H., 2002. Reality vs. myth: Constructions of women’s insecurity. Feminist Media Studies, 2(3), pp.307-323.

Campbell, A., 2005. Keeping the ‘lady’ safe: The regulation of femininity through crime prevention literature. Critical Criminology, 13(2), pp.119-140.

Chopra, R., 2006. Invisible men: Masculinity, sexuality, and male domestic Labor. Men and Masculinities, 9(2), pp.152-167.

Green, E. and Singleton, C., 2006. Risky bodies at leisure: Young women negotiating space and place. Sociology, 40(5), pp.853-871.

Nixon, D., 2009. I Can’t Put a Smiley Face On’: Working‐Class Masculinity, Emotional Labour and Service Work in the ‘New Economy. Gender, Work & Organization, 16(3), pp.300-322.

Park, J., Kim, J., Pang, M.S. and Lee, B., 2017. Offender or guardian? An empirical analysis of ride-sharing and sexual assault. An Empirical Analysis of Ride-Sharing and Sexual Assault (April 10, 2017). KAIST College of Business Working Paper Series, (2017-006), pp.18-010.

Phadke, S., 2005. ‘You Can Be Lonely in a Crowd’ The Production of Safety in Mumbai. Indian Journal of Gender Studies, 12(1), pp.41-62.

Phadke, S., 2007. Dangerous liaisons: Women and men: Risk and reputation in Mumbai. Economic and Political Weekly, pp.1510-1518.

Phadke, S., 2013. Unfriendly bodies, hostile cities: Reflections on loitering and gendered public space. Economic and Political Weekly, pp.50-59.

Ranade, S., 2007. The way she moves: Mapping the everyday production of gender-space. Economic and Political Weekly, pp.1519-1526.

Raval, N. and Dourish, P., 2016, February. Standing out from the crowd: Emotional labor, body labor, and temporal labor in ridesharing. In Proceedings of the 19th ACM Conference on Computer-Supported Cooperative Work & Social Computing (pp. 97-107). ACM.

Sarriera, J.M., Álvarez, G.E., Blynn, K., Alesbury, A., Scully, T. and Zhao, J., 2017. To share or not to share: Investigating the social aspects of dynamic ridesharing. Transportation Research Record, 2605(1), pp.109-117.

Tuan, Y.F., 2013. Landscapes of fear. U of Minnesota Press.

For more details visit https://cis-india.org/raw/anushree-gupta-ladies-log-women-safety-risk-transfer-ridehailing

Centre for Internet and Society

Open Government Data Study

Open Government Data Study: India

Know your Users, Match their Needs!

Accessibility of Government Websites in India: A Report

Executive Summary

Table of Contents

Pervasive Technologies: Patent Pools

Introduction

Understanding Patent Pools

The Working of a Patent Pool

Drawing Parallels with Other Patent Pools

Patenting in Telecom and Related Technology

Concluding Observations

Unlicensed Spectrum Policy Brief for Government of India

Executive Summary

The Last Cultural Mile

Re:Wiring Bodies

Intellectual Property Rights — Open Access for Researchers

Module Introduction

Acknowledgements

Asia in the Edges: A Narrative Account of the Inter-Asia Cultural Studies Summer School in Bangalore

Plotting Edges: The Rationale

The core course: methodologies for cultural studies in Asia

New nodes: Optional courses: the digital subject/technology, culture and the body

Tying things up: key learnings

References

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Internet, Society & Space in Indian Cities

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Supported by

Response to the Draft National Policy on Open Standards for e-Governance

Institutional Co-signatories

Individual Co-signatories

Text

Sarah Zia - Not knowing as pedagogy: Ride-hailing drivers in Delhi

Summary of the essay in Hindi: Audio (YouTube) and Transcript (text)

When algorithms make us not know

Ridehailing drivers only get the user’s name and pickup location as details about an upcoming trip. Photo by Noopur Raval.

Unknowability as a form of knowing: A pedagogy of coping

Not knowing enough about how much will a ride earn them means drivers are forced to be on the roads, often without a break. Photo by author.

Conclusion

Endnotes

References

Anushree Gupta - Ladies ‘Log’: Women’s Safety and Risk Transfer in Ridehailing

Summary of the essay in Hindi: Audio (YouTube) and Transcript (text)

Platforms in Gendered Cityscapes

Uber’s ad on a billboard in Mumbai promises earnings of more than Rs. 1 lakh per month. Using a woman’s image illustrates the extent of their potential for transforming lives and livelihoods. Source: Drivers’ Union Telegram Group.

Terms of Safety

Gender, Safety, and Enterprise

Conclusion

Endnotes

References