Centre for Internet and Society

CIS Original Open Letter to the Vatican: Request for Holy See to Comment on IPR

samantha — 2014-01-31T07:05:27Z

Due to the Holy See’s demonstrated pro-access position to medicines and published materials for persons with disabilities, CIS has requested for His Excellency, Archbishop Silvano M. Tomasi, to also consider copyrights, patents or IPR more generally, as the Holy See’s Permanent Observer at WIPO. The following is the original letter sent by CIS.

For more details visit https://cis-india.org/a2k/blogs/cis-original-open-letter-to-the-vatican-request-for-holy-see-to-comment-on-ipr

Mapping Digital Media: Broadcasting, Journalism and Activism in India: A Public Consultation

samantha — 2013-11-07T03:38:45Z

Lawyers, researchers, journalists and activists gathered on Sunday, October 27, 2013 at the Bangalore International Centre in response to India’s country report on Mapping Digital Media, which examines citizen’s access to quality news and information across different industries, and impacts on media freedoms as a result of digitisation. Respondents examined themes related to regulation, journalism and activism, and engaging discussions took place among attendees.

On behalf of event organizers, we invite you to view the report, available online for free access here: "Mapping Digital Media: India.

Event organizers, Alternative Law Forum, The Centre for Internet & Society, and Maraa, held a public consultation at the Bangalore International Centre with the ultimate goals to inform and engage the public within key themes of the Mapping Digital Media: India report, as a new knowledge basis for better understanding India’s transitioning digital landscape. Many resulting ideas about moving forward with the report’s findings also came about, as prospective proceeding steps within the life cycle following the report’s release.

Respondents consisted of reputed media lawyers, researchers, journalists, activist and other media professionals. Each spoke before the meeting room within three panel discussions pertaining to different sections of the report: Policies, Laws and Regulators; Digital Activism; and Digital Journalism. Each speaker shed a new light on key challenges confronting our emergent digital media landscape with special focus given to broadcasting (radio and television), cable operations and newspapers (print & online) as each of these sectors undergo digitisation.

Opening

Vibodh Parthasarathi, who had anchored the country report, started off the consultation by underscoring the report's objective of mapping the different sectors and seemingly disparate aspects of India's complex media landscape. Following a brief introduction to the report was the setting of the stage by Alternative Law Forum Co-founder and Partner, Lawrence Liang, as he shared the ultimate aims of the event in speaking collectively to the report so that we may gain a better understanding of an area that is otherwise opaque by most. Lawrence also brings to the forefront the report’s debunking of the idea of the digital divide for India, and its account of a rich media landscape.

Policies, Laws and Regulators

The consultation’s first panel discussion was started by Lawrence, as he responded to the report from a perspective of legality. Lawrence examines the role of the state in India’s rich media landscape, specifically in terms of the four values at the centre of such: freedom of speech and expression, access to infrastructure, the question of development, and the question of market regulations—all of which are tied together within the country report. Lawrence argues that we must arrive at quantitative measures of accessing diversity and quantity of freedom of speech, but only after understanding the ecology in which freedom of speech operates, and attempts to do so in examining drafted policies, policing measures, and market regulatory measures taken within the context of India.

Thirty attendees including journalists, activists, academics, and lawyers, all brought forth different perspectives on digital media in India.

Following was Matthew John, Associate Professor and Executive Director of the Centre on Public law and Jurisprudence. Matthew shared his impressions on the report, while making reference to three issues the report asks us to rethink; these being: public reason, the regulatory state, and the question of distribution. Matthew gives rise to a democratic problem in the public sphere of communication and claims that how it is addressed and resolved must be paid attention to. He makes reference to the history of telecom cases in responding to the question of how we are going to think about freed up telecom, and contrasts different types of regulatory agencies in asking the question of whether or not we should separate regulation from politics.

An engaging discussion following this panel’s speakers took place. Amongst points made by event attendees includes questions of how to scale up the citizen’s stake in media within a legal paradigm, as well as points made with reference to challenges to equity in media in terms of content and challenges to such.

Digital Media and Society (Digital Activism)

The discussion had begun with panelist, Arjun Venkatraman, Co-founder of the Mojolab Foundation as well as the digital activism platform, Swara. Arjun engages within the digital media debate in speaking on behalf of members of civil society that act from within the digital divide and exposes the gaps within new modes of activism that arise out of a lack of understanding on how to engage with these new medias. He also informed attendees of how to make cheap IVR based voice portals, linking voice users to the web for under USD200 as means of leveraging users’ voices via unlicensed spectrum.

Also contributing to the discussion on digital activism was Meera K, Cofounder of Bangalore News publication, Citizen Matters. In examining examples of new spaces that digital media has provided for the exchange of pluralistic views and alternative voices, Meera critiques different types of activism that have emerged, including social activism, political activism, and middle class activism. She questions whether new media can be seen as sufficient space for free speech with reference to various challenges, such as the polarization of debates, and also compares and contrasts the positive outcomes of new media campaigns—such as tangible capitalized solutions—with corresponding pitfalls.

A debate amongst attendees followed in response to the question of assessing the value of media in terms of impact or size of public outreach, along with how content is generated and controlled.

Digital Media and Journalism

Independent journalist and media analyst, Geeta Seshu, got the conversation started regarding digital media and journalism by comparing the pitfalls of journalism in traditional media with the possibilities offered by digital journalism. Geeta argues that journalists have become devalued and are losing their footing within traditional media. She discussed the new forms of journalism and how news can be generated in an interactive and non-hierarchical manner and examined the intersections of mainstream media and journalism. She questions the possibility of digital journalism existing on its own, without the influence of or incorporation of principles of traditional media, and grapples with possibilities for providing a new model for doing so.

The day’s last speaker was Subhash Rai, Associate Editor of New Indian Express. Subhash offers a mainstream perspective and argues that we must look at traditional and mainstream forms of media as a starting point for emerging forms of journalism before we can begin to understand these journalism models better. Just as well, traditional and mainstreams means of news dissemination can learn from digital media, however we should not be quick to look away from the core of the entire picture, as traditional forms of media are still very strong in comparison.

A discussion followed surrounded questions posed by speakers and attendees, such as what digital journalism should look like, and how such a transition to new forms of media should be imagined. How information has changed with respect to its creation and consumption was debated as well.

Moving Forward

Before the conclusion of the public consultation, attendees and speakers discussed future advancements for the country report. Many recommendations and ideas were generated, including suggestions for future public consultations, advocacy windows offered by the report, and ways to produce another iteration of the report. Prospective initiatives included online working groups to dive deeper into specific themes of the report, a Hackathon where attendees will pool ideas together, and follow-up public consultations.


Participants brainstormed together on how to move forward the report’s findings. Many ideas were drafted, including a Hack-a-thon and online focus groups.

The event's agenda went as follows:

Time	Detail
10.00 a.m.	Introductory Remarks by Vibodh Parthasarathi, CCMG, Jamia
10.15 a.m. - 11.30 a.m.	Policies, Laws and Regulators Session Moderator – Ram Bhat Speakers – Lawrence Liang (ALF) and Mathew John (JGLS)
11.30 a.m. - 11.45 a.m.	Tea Break
11.45 a.m. - 1.15 p.m.	Digital Media and Society (Digital Activism) Session Moderator – Lawrence Liang Speakers – Arjun Venkatraman (Mojolab) and Meera K (Citizen Matters)
1.15 p.m. - 2.00 p.m.	Lunch Break
2.00 p.m. - 3.15 p.m.	Digital Media and Journalism Session Moderator – Vibodh Parthasarathi Speakers – Geeta Seshu (Free Speech Hub) and Subhash Rai (newindianexpress.com)
3.15 p.m. - 4.00 p.m.	The Way Ahead (Moving Forward) Moderated by Lawrence Liang

Event Participants

Rashmi Vallabhrajasyuva
Meera K, Oorvani Foundation
Samantha Cassar, CIS
Sharath Chandra Ram, CIS
Suresh Kumar, Artist
Aruna Sekhar, Amnesty India
Sriram Sharma, Part time Blogger
Ammu Joseph, Independent Researcher
Mathew John, Jindal Global Law School
Swati Mehta, The Rules
James North, The Rules
Bhairav Acharya, Lawyer
Deepa Kurup, The Hindu
Abhilash N, Independent
Deepu, Pedestrian Pictures
Rashmi M, PhD Student at NIAS
Jayanth S, LOCON Solutions Pvt Ltd.
Nehaa Chaudhari, CIS
Dinesh TB, Servelots
Snehashish Ghosh, CIS
Lawrence Liang, ALF
Vibodh Parthasarathi, CCMG, Jamia
Ram Bhat, Maraa
Ashish Sen, AMARC
Subhash Rai, New Indian Express
Geeta Seshu, Free Speech Hub, The Hoot
Arjun Venkatraman, Mojo Lab Foundation
Raajen, Centre for Education and Documentation
Ekta, Maraa
Smarika Kumar, ALF

Press Coverage

Need to increase diversity in online journalism (The New Indian Express, October 28, 2013).
Experts moot holistic approach to media laws (The Hindu, October 28, 2013).

For more details visit https://cis-india.org/internet-governance/blog/mapping-digital-media-broadcasting-journalism-activism-india

Ambiguity in the App Store: Understanding India’s emerging IT sector in light of IP

samantha — 2014-04-15T08:24:28Z

Mobile applications hold immense potential for India but are not fully understood by even their own developers in the context of India’s intellectual property (IP) regime. This is the first in a series of blog posts introducing CIS's new access to knowledge research initiative that seeks to understand how stakeholders encounter India’s IP law and what this means for the mobile app ecosystem, and in turn, the Indian mobile user. This research also aims to address problematic policy areas for innovation and protection for developers, as well as to comment on India’s regime with respect to the emerging mobile app sector.

India is at a pivotal point within its IT industry as mobile technologies take off like never before. Smartphone usage appears to be replacing PC use altogether for many,[1] and today’s generation is even said to belong to India’s "mobile only generation" as 41% of Indians access the internet through mobile phones.[2] The potential for mobile technologies for India can be better envisioned as various reports compare prior growth rates with astonishing projections for the next few years, and in doing so, demonstrate India’s exponential growth in terms of smart phone and internet penetration.

In the last 3-4 years, the number of users who access the internet through a 3G connection has long surpassed the number of fixed line broadband connections accumulatively over the last 17 years.[3] The funny part is that 3G has yet to be widely adopted, with only 4% of over 900 million mobile subscriptions using 3G.[4] This number is expected to grow from 36 million to 266 million by 2016—within a mere 3 years,[5] and smartphones, from 67 million this year to 382 million by 2016.[6] At that point, India will likely be within the world’s top 5 countries for smartphones, potentially representing almost 10% of the entire world’s supply—practically five times that of what it was only 5 years prior in 2011.[7] As the cost of data and price of smartphones come down, and as mobile internet and smartphone penetration rates surge tremendously, new pathways are paved for emerging sectors to evolve, such as that of the mobile application market,[8] a market which is expected to have a value of Rs 2,700-crore by 2016.[9]

Every month, 100 million apps are being downloaded in India, ranging from productivity to localized music and language apps, to health and spirituality apps, to banking and e-commerce apps; with ones relating to dating and gaming growing in popularity.[10]

India’s appetite for mobile apps is definitely here to stay. This booming app market is expected to increase demand for an additional three lakh developers in the next five years in India[11] and introduce many new players into market.

Although holding great potential, the mobile app ecosystem has yet to become robust, and is still a place of volatility and ambiguity for developers. As more and more build upon previously produced content within the pursuit of new idea for a mobile application, the lines become blurred as to what is legally acceptable and what is not. For emerging start-ups, these blurred lines are irrelevant, with the main focus on the product and with insufficient manpower and money flow to invest time elsewhere. But for the developers that are on their way up the enterprise ladder, protection is sought out. As developers gain more leverage within app stores, and therefore more exposure, their applications may be at risk for being copied by others, and may begin to seek support commonly in the form of copyright or not-so-often patent protection. As this system of who seeks protection and who does not repeatedly manifests within the Indian mobile app ecosystem, an uneven playing field is further tipped in favour of those for who are willing to pay for a lawyer. Many a time, developers are not aware themselves that they may be infringing upon others’ intellectual property, and as foreign players begin to enter India’s mobile app market — often with overwhelmingly large IP portfolios—Indian developers may unknowingly be at risk for litigation for their own mobile applications.

This blog post kick-starts a new research initiative from the Centre for Internet & Society (CIS) as I attempt to understand the many factors at play at the intersection of the mobile app ecosystem and Indian intellectual property (IP) law. It is also the first in a series to attempt to paint a comprehensive picture of what the real implications are of intellectual property within the mobile app ecosystem for India. This initiative falls within CIS’s A2K Programme which ultimately aims to protect citizen, consumer and public interest via IP law reform and by offering alternatives to strictly proprietary-based intellectual property regimes, with those that incorporate principles of openness. These differentiating regimes will be looked at further with reference to mobile applications in the series of postings to come.

In performing this research I hope to attain the following achievements: 1) to understand the legal environment in which the mobile app ecosystem exists, 2) to evaluate India’s current IP regime with respect to its mobile application industry, and lastly, and 3) to work towards creating contextually appropriate conditions to harness the potential of mobile app technologies for India. Each of these objectives are looked at closer below, as I demonstrate how I intend to attain each goal, and for what reason:

To understand the mobile app ecosystem in light of India’s IP regime

As the mobile app market is still on its incline, there is little understanding of the implications of policy decisions on this ecosystem and the stakeholders implicated within it. Consequently, policy decisions are ill-informed and at risk of being determined by foreign players in pursuit of foreign interests. I hope to acquire a sufficient sense of understanding of these implications from the ground up: beginning with the developers themselves. In performing empirical research to survey how stakeholders within the ecosystem encounter Indian IP law, with a main focus on developers themselves, I hope to also be able to identify key determinants of IP-related disputes and areas of concern amongst mobile app developers and understand corresponding implications for the mobile app market, and in turn, the potential for this market’s impact in India.

To evaluate India’s IP regime with respect to the mobile app ecosystem

Through the carrying out of this initiative I hope to produce the research necessary that will get the debate started regarding the role of intellectual property in the mobile applications market in India. In order to do so, I hope to identify and address policy blindspots — if any — within the current IP regime, as well as to make evident the consequences of such. I also hope to be able to draw my own conclusions to assess the current IP regime with respect to the needs of various stakeholders and the market which they drive forward through investigating how policies related to IP law facilitate or hinder levels of innovation, creation, and protection for mobile applications and their developers, to the benefit or detriment of Indian mobile users.

To work towards creating conditions to harness the potential of mobile apps for India

It is evident that within the mobile app market, along with other mobile technologies, lies potential for the future of access to information and means of communication amongst mobile users from all corners of India. Relative trajectories for market trends and mobile and internet penetration should not be taken for granted, however, as the environment within which these trends take course may be considered to be volatile and may consequently enable or undermine what potential this market holds for current and future consumers. Through analyzing primary empirical evidence and research findings in conjunction with market reportings and projections, I hope to be able to identify key conditions for an enabling legal environment in which mobile applications are available and accessible for the fulfillment of their potential.

The IP debate is a highly contested one, with opposing viewpoints and varying manifestations across jurisdictions. In order to understand how India fits into this debate, with respect to the mobile app ecosystem, I intend to guide my research in asking the following questions:

Who are the stakeholders and key players in the mobile app ecosystem, and how does each encounter India’s IP law?
What are the determining and resulting factors at play at the intersection of the mobile app ecosystem within India and India’s IP law regime?
What conditions would create an enabling legal environment for mobile app developers in terms of innovation and protection for their works?

This research will employ a multidisciplinary approach in incorporating theory and contextual aspects related to academic law, philosophy, political science, economics, history, and sociology in attempts to holistically understand the multifaceted picture in question and the different perspectives of such.

As preliminary research to this initiative, I have been in touch with mobile app developers of differing scales within the ecosystem. In speaking with each, I continue to observe a prevalent theme to be that of how each interprets Indian IP law. Regardless of whether they develop mobile apps for clients or their own enterprises, or are part of a small startup enterprise or an Indian success story, or even if they’re IP consultants themselves: in trying to understand the Indian IP landscape, one often encountered experience is confusion. As a result, the ambiguity of what may be protected under intellectual property and what may not be lingers on, to the advantage of some and the disadvantage of many. I intend to continue carrying out interviews with various stakeholders across India — with a special focus on Bangalore as India’s IT hub — including developers, incubators, lawyers, and even consumers, to better understand how each feels about Indian IP law, to what extent developers engage in protection for their IP, and if this theme of ambiguity is truly a consistent one throughout the mobile app ecosystem with regards to the Indian IP regime.

If you are interested in contributing to this initiative, I invite you to contact me by e-mail at samantha@cis-india.org. Any or all contributions may be kept anonymous and your explicit approval will be sought out before incorporating any of your responses into my research.

[1]. Bhine, A., Sharma, K., Rao, S., Mishra, K., Preetham, N., & Nemani, N. (2013). India’s mobile internet: The revolution has begun: An overview of how mobile internet is touching the lives of millions. Avendus . Retrieved from http://www.avendus.com/Files/Fund%20Performance%20PDF/Avendus_Report-India's_Mobile_Internet-2013.pdf

[2]. NextBigWhat.com (2012). Mobile Internet in India: All you need to know about it [PowerPoint slides]. Retrieved from http://www.slideshare.net/nextbigwhat/mobile-internet-revolution-in-india-all-that-youd-like-to-know

[3]. Bhine, A. et al. (2013)

[4]. NextBigWhat.com (2012)

[5]. Mobile Marketing Association (2013). India Adspend Report. Retrieved from http://www.mmaglobal.com/whitepaper/india-adspend-report

[6]. Press Trust of India (2013, Sep 29). Mobile games, apps market in India to touch Rs 2,700 cr by 2016: Report. IBN Live. Retrieved from http://ibnlive.in.com/news/mobile-games-apps-market-in-india-to-touch-rs-2700-cr-by-2016-report/425284-11.html

[7]. Bhine, A. et al. (2013)

[8]. Pahwa, N. (2013, Apr 30). TiE India Internet Day: On Smartphones, Mobile App Monetization & Indic Languages. Medianama. Retrieved from http://www.medianama.com/2013/04/223-mobile-app-monetization-smartphones/

[9]. Press Trust of India (2013, Sep 29)

[10]. Kulkarni, V.A. (2013, Aug 22). India in line for the big app boom? Certainly, say developers. Know Your Mobile India. Retrieved from http://www.knowyourmobile.in/applications/8759/india-next-line-big-app-boom-certainly-say-developers

[11]. Nair, R. P. (2013, Aug 13). Booming app market is driving startups to offer mobile technology course. The Economic Times. Retrieved from http://articles.economictimes.indiatimes.com/2013-08-13/news/41375028_1_app-market-mobile-app-development-company-marketsandmarkets

For more details visit https://cis-india.org/a2k/blogs/ambiguity-in-the-app-store