Centre for Internet and Society

Leading Up To The GCIP: A Chat With Jayashree Watal

Job Michael Mathew — 2016-01-31T09:00:56Z

The fifth discussion in our pre-GCIP discussion series is with Jayashree Watal.

The blog post was published on the Global Congress page on December 15, 2015.

Profile: Jayashree Watal has been Counsellor in the Intellectual Property Division of the World Trade Organization since February 2001. She worked in the Ministry of Commerce of the Government of India as Director, Trade Policy Division, New Delhi (1995–1998). She represented India at a crucial stage in the Uruguay Round TRIPS negotiations from 1989–1990.

JMM: One of the major reasons for developing countries agreeing to the TRIPS agreement was the incorporation of Articles 7 and 8 which allow countries certain flexibilities in enforcing obligations under the agreement. Two decades since the beginning of TRIPS many if not most developing countries have not been able to take full advantage of these flexibilities. What explains this gap between the text of the agreement and its practical application?

JW: There were several reasons for developing countries like India agreeing to the TRIPS Agreement. Firstly, TRIPS contains policy options, including through exceptions and limitations to IPRs, that allow WTO members to take measures to protect public interest, for example through compulsory licences and parallel imports. Secondly, not accepting TRIPS would have meant leaving the multilateral trading system and facing unilateral action – a price considered by many countries to be too high given that the final agreement was fairly balanced and that there were trade benefits to be obtained especially in textiles and agriculture. Thirdly, many of these countries were already TRIPS compliant with the exception of a limited number of provisions. At the same time, many were already responding to contemporary geopolitical changes by unilaterally liberalizing their trade and investment policies; maintaining certain minimum IPR standards without compromising vital public interest went in the same direction.

The perspective of some twenty years ago has hence changed and TRIPS has come into focus as a reasonably flexible framework rather than the highly restrictive constraint on domestic policymaking and pre-emption of policy options that some feared. Experience has shown that developing countries have been able to work within the TRIPS framework in diverse ways interpreting and applying TRIPS standards, and framing their IP laws and policies, in diverse ways that are tailored to their national interests and domestic circumstances. Articles 7 and 8 of the TRIPS Agreement are indeed important benchmarks for policymakers taking account of public policy when framing and implementing IP laws and policies, but the practical experience we can now survey from countries across the globe in applying specific TRIPS provisions offers concrete insights into the constructive way the general standards of the agreement are adapted and implemented to take account of changing policy needs, and other social, economic and technological changes. Empirical surveys such as the useful work done by the WIPO Secretariat in reporting to the WIPO Committee on Development and Intellectual Property on the use of patent-related flexibilities not only show the extent of flexibilities implemented, but potentially serve as a factual basis for constructive dialogue and mutual learning about contemporary trends in IP policymaking in the developing world within the TRIPS framework. See http://www.wipo.int/ip-development/en/agenda/flexibilities/search.jsp

JMM: The TRIPS Agreement was an example of consensus based multilateral norm setting on intellectual property. Two decades since TRIPS, multilateral norm setting on intellectual property is at a standstill and regional and bilateral avenues which certain commentators have called ‘power based’ as opposed to ‘rule based’ are setting norms on IP. How do you think a change in forum from multilateral to bilateral or plurilateral affects the negotiating power of developing country negotiators? Further can you shed some light on the additional challenges negotiators from developing countries faced during the TRIPS negotiations on account of the politically sensitive nature of intellectual property negotiations considering its impact on access to medicine etc?

JW: It is worth bearing in mind that the genesis of the TRIPS negotiations can be found, at least in part, in the desire of many countries – including developed countries – to find a more transparent, rules-based approach to dealing with inevitable bilateral disagreements over the trade dimension of IP: the preamble of TRIPS refers to the reduction of tensions through multilateral resolution of disputes. This background lies behind the consensus to conclude an agreement on TRIPS. Equally, though, the TRIPS negotiations illustrated how developing countries can benefit in trade negotiations from strong coalitions among themselves, coalitions that can also bridge across the traditional north-south divide. , A broader base of support and engagement in multilateral settings can offset the more narrowly defined targets of demandeurs in the negotiations. This can happen in a multilateral context or even in a plurilateral context. This more inclusive approach is less likely by definition in a bilateral trade negotiation. A recent WTO publication The Making of the TRIPS Agreement is available for free download chapter by chapter at https://www.wto.org/english/res_e/publications_e/trips_agree_e.htm . There are many chapters authored by developing country negotiators that discuss exactly these considerations.

JMM: In the context of a number of trade agreements involving intellectual property chapters negotiated in secret, what are the pros and cons of conducting open negotiations?

JW: In any negotiation process with significant issues at stake, there are competing considerations of transparency and inclusion, and managing the dynamics of negotiations. Reaching consensus in a multilateral or plurilateral negotiation, irrespective of forum or subject, is very difficult. It is even more so when each party's "bottom lines" or "red lines" are known to other parties, and the actual progress of negotiations is entirely open to immediate debate and analysis. Compromises and understandings that have to be made to progress any negotiation become more difficult if the entire process is open to all to observe. It is hard to prescribe the correct way of addressing this balance for each and every trade negotiation, and to determine the best mechanism for transparency and consultation that should apply in each case. As a general observation, however, it does behove negotiators and those instructing them, to ensure a good degree of transparency and a broad base of consultation, not least because this will build understanding and acceptance of the ultimate negotiated outcome.

JMM: What role can multilateral institutions such as WTO and WIPO play in the context of intellectual property negotiations moving to bilateral or plurilateral forums?

JW: The range and complexity of recent intellectual property norm-setting in bilateral and regional forums is unprecedented. Setting aside the question of the perceived virtues and shortcomings of this approach, there is unquestionably a common challenge in developing a comprehensive overview of the cumulative effect of several hundred new treaties dealing with IP norms, and the overall trends that can be discerned. Considering the role of the WTO, while WTO Members are clearly entitled to enter into regional trade agreements (RTAs, also known as free trade agreements or preferential trade agreements)subject to the conditions laid down in the multilateral trade agreements, the WTO system provides for transparency and review of their provisions. This work is actively undertaken in the Committee on RTAs; the WTO Trade Policy Review Mechanism has also produced valuable information on RTAs and similar agreements with IP standards. The TRIPS Council has from time to time had bilateral and plurilateral norm setting questions on its agenda. WTO is a member-driven organization and members continue to debate on how to respond to the overall trend towards bilateral and plurilateral norm setting, and its implications for the multilateral system. Among analysts, some maintain FTAs can serve as building blocks for further multilateral trade liberalization. Other analysts question the continuing effectiveness of a "single undertaking" approach to multilateral negotiations, and advocate pre- Uruguay Round type plurilateral agreements.

JMM: The years since the TRIPS have seen a changing landscape of innovation in the fields of biotechnology, computer technology etc. Do these changes necessitate a revision of the TRIPS agreement or can the flexibilities in the agreement take care of such changes?

JW: TRIPS is a minimum standards agreement and provides a balanced framework that can accommodate the evolving technological landscape. An example would be the revolutionary developments in biotechnology that have occurred in the past two decades: WTO Members, through policy processes, legislation, and court decisions, have dealt with the implications of these developments in flexible ways within the established TRIPS framework. The TRIPS negotiations took place at a time when the internet was largely unknown and in the meantime, digital technology has revolutionised not only copyright but the way in which much creative content is distributed and traded. The WIPO Internet Treaties of 1996 represented a multilateral step forward taking account of digital technologies in a manner consciously consistent with TRIPS. Since that time, there has been a great deal of norm-setting in this area in bilateral negotiations and more recently in plurilateral processes. It is for the international community to take collective stock of these developments, although there is currently no apparent momentum. The TRIPS Agreement does contain provision for reviews "in the light of any relevant new developments” which might “warrant modification or amendment” of the Agreement. However, there are no proposals tabled by WTO Members at present under this provision.

[1] Jayashree Watal has researched and published articles on issues related to the law and economics of intellectual property rights, including a book Intellectual Property Rights in the WTO and Developing Countries (Oxford University Press, India and Kluwer Law International, 2001). She was the editor of the book ‘The Making of the TRIPS Agreement’ which details the negotiating process of the agreement from the standpoint of the negotiators themselves.

For more details visit https://cis-india.org/a2k/blogs/leading-up-to-the-gcip-a-chat-with-jayashree-watal

Press Release: India to Host 4th Global Congress on Intellectual Property and the Public Interest

geetha — 2015-12-14T09:21:01Z

The Centre for Internet and Society (CIS) is happy to announce that 4th edition of the Global Congress will be held at the National Law University, New Delhi (NLU-D) on 15-17 December 2015. The Congress is jointly organised by CIS, NLU-D, Open A.I.R., CREATe, Columbia University and American University.

In October this year, the 7-year-long negotiations leading up to the Trans-pacific Partnership (TPP) came to an end. The pluri-lateral TPP has not received the coverage it deserves; its provisions do more harm to users and developing countries than are easily spotted. For instance, the TPP has an anti-FOSS clause, which may prevent and prohibit governments like India from adopting open access and FOSS mandates in research.

This should cause public outrage. FOSS (Free and open source software), which allows users to freely use, study, adapt and modify the source code, plays a crucial role in access to knowledge and information. Many states, including India, mandate the use of FOSS in research and make open access mandatory. For instance, an IIM study says that India could save Rs. 8254 crores by implementing FOSS in schools and other institutions. But with the TPP, all this could change.

Access to knowledge is not the only sufferer. With our progressive patent regime, India is often called the pharmacy of the world. Indeed, we may go so far as to say that the poor depend on India for generic, affordable drugs. But the global story is far from India’s success. In many states, the pharmaceutical industry’s stronghanded lobbying has had drastic impacts on access to medicines. A disheartening exemplar is Martin Shkreli, the CEO of Turing Pharma and KaloBio Pharmaceuticals. To public outrage, Mr Shkreli announced an astronomic hike in the price of benznidazole, a drug commonly used in the treatment of Chagas diseas. Mr Shkreli plans to increase prices from US $50-$100 for a typical treatment, to US $60,000-100,000. What is worse: Mr Shkreli is neither the first nor the only man in the price-hike arena.

Intellectual property laws are meant to balance innovation and access, serving the interests of rights-owners and users alike. But today, global intellectual property regimes prioritise the interests of rights-owners, often neglecting the consequences on users and the general public. The result is expensive barriers to access to medicines, scientific and academic scholarship, and technologies for development.

The 4^th Global Congress on Intellectual Property and Public Interest, the first gathering in Asia of over 500 public interest-oriented intellectual property practitioners from across the world, seeks to balance users’ rights and interests with those of rights-owners. It brings together research, civil society, industry and regulatory and policy-making communities for active, intense engagement on key public-interest intellectual property issues

The Centre for Internet and Society (CIS) is happy to announce that 4^th edition of the Global Congress will be held at the National Law University, New Delhi (NLU-D) on 15-17 December 2015. The largest ever in Asia, the Congress is jointly organised by CIS, NLU-D, Open A.I.R., CREATe, Columbia University and American University.

The 4^th Congress is themed around “Three Decades of Openness; Two Decades of TRIPS” and will be organised in four parallel ‘tracks’ of (1) Openness, (2) Access to Medicines, (3) User Rights, (4) IP and Development. The Congress seeks to produce three outcomes — first, the mobilization of existing scholarly research directly into the hands of civil society advocates, business leaders and policy makers, leading to evidence-based policies and practices; second, the collaborative identification of urgent global and local research priorities towards generating joint research/advocacy agendas; and third, the solidification of an inter-disciplinary, cross-sector and global networked community of experts and practitioners focused on the public interest aspects of Access to Knowledge policy and practice.

Distinguished Speakers and Scholars

We are delighted to host a distinguished group of keynote speakers with a wide range of expertise. The Congress will open with plenary sessions featuring keynote speakers such as Prof. (Dr.) Ranbir Singh, Vice Chancellor of NLU-D, Mr. G.K. Raghavendar, Joint Secretary, Department of Industrial Policy and Promotion, Prof. (Dr.) Hong Xue, Director of the Institute for Internet Policy and Law at Beijing Normal University, Dr. Michael Geist, Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa, and Dr. Nagla Rizk, Founding Director of the Access to Knowledge for Development Center (A2K4D) at the School of Business, The American University in Cairo.

Throughout the Congress, participants will break into rooms for theme-specific presentations, workshops and panel discussions. In a decentralised, democratic manner, experts in the field will curate thematic, problem-based discussions in parallel ‘tracks’ to explore content.

In an interview prior to the Congress, several experts shared their views on the burning issues in intellectual property. Sharing his views on access to medicines, Prof. Shamnad Basheer, founder of SpicyIP said, “The gap between generic interests and patient interests are widening. As a result of this, there is increasing pressure on civil society to fight the good fight and continue opposing frivolous pharma patents. Also, we need to look into the specifics and determine whether the innovation brought forth by an entity really furthers personal interests or the interests of the community or society at large. Good faith is a large part of this equation and it can help determine if what one is doing is in larger public interest or private interest.”

On the same issue, Prof. Susan Sell from George Washington University said, “There are big differences between NGOs in the access to medicine movement and pharmaceutical companies. There are many representatives of pharmaceutical firms that really believe in the morality of their position – that you need protection to innovate the next generation of drugs. They sincerely believe that the development of drought-resistant plants is something that is good for the world. So these people also make a moral claim whether or not you agree with it. The point is such claims are not purely cynical or instrumental on the part of such actors.”

Dr. Michael Geist, Law Professor at University of Ottawa commented on the movement advocating open access to scholarly and scientific literature. He raised his concerns on Article Processing Charges (APC), a model currently employed by publishers, saying, “The APC model may price open access out of the hands of many scholars. We need experimentation with different open models, recognizing the economic uncertainty of switching away from high-priced subscriptions. However, APC may entrench much of the current model and is among the least desirable (though increasingly common) publisher approaches to Open Access.”

Concurring with Dr. Geist’s statement, Mr. Zakir Thomas, an expert in the field of intellectual property rights and open source innovation, said, “Creating a national depository of open access journals which are properly cited and indexed, organized subject-wise and searchable online by all our academic institutions should be the next step. Open access is about access to knowledge. It will ensure that the work you do at your lab is now accessible by people at large.”

New at the Global Congress

The 4^th Congress comes with marked changes based on feedback from participants from the earlier editions. A Room of Scholars is planned, in which key research outputs such as advanced chapters or white papers may be presented. Another important addition will be structured Cross-Track Meetings, focusing on research cutting across tracks, so that the tracks may share learnings and research outputs, and enter into collaborative dialogue.

A ‘Youth Workshop on Intellectual Property, Public Health and Access to Medicines’ is a novel feature at this Congress. Organised at NLU-D by the Institute for Studies in Industrial Development (ISID), Peoples Health Movement (PHM) and Prayas, from 14-22 December 2015.

The detailed schedule for the Global Congress can be accessed here.

For more information regarding the Global Congress or participation, please contact our team:

Swaraj Paul Barooah, Organiser: swaraj.barooah@gmail.com
Shruthi Chandrasekaran, Organiser: shruthi.chandrasekaran@gmail.com
Geetha Hariharan, Press Officer: geetha@cis-india.org

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About CIS

The Centre for Internet and Society (CIS, http://cis-india.org) is a non-for-profit organisation that undertakes interdisciplinary research from policy and academic perspectives on digital technologies and the Internet. Our focus areas of research include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), Internet governance, telecommunication reform, digital privacy and cyber-security. CIS’ academic wing seeks to understand the mediation and reconfiguration of social and cultural processes and structures by the Internet and digital media technologies.

For more details visit https://cis-india.org/a2k/blogs/press-release-india-to-host-4th-global-congress-on-intellectual-property-and-the-public-interest

Living in the Archival Moment

sneha-pp — 2016-06-30T05:08:22Z

An extended survey of digital initiatives in arts and humanities practices in India was undertaken during the last year. Provocatively called 'mapping digital humanities in India', this enquiry began with the term 'digital humanities' itself, as a 'found' name for which one needs to excavate some meaning, context, and location in India at the present moment. Instead of importing this term to describe practices taking place in this country - especially when the term itself is relatively unstable and undefined even in the Anglo-American context - what I chose to do was to take a few steps back, and outline a few questions/conflicts that the digital practitioners in arts and humanities disciplines are grappling with. The final report of this study will be published serially. This is the fifth among seven sections.

Sections

01. Digital Humanities in India?

02. A Question of Digital Humanities

03. Reading from a Distance – Data as Text

04. The Infrastructure Turn in the Humanities

05. Living in the Archival Moment

06. New Modes and Sites of Humanities Practice

07. Digital Humanities in India – Concluding Thoughts

In a rather delightful essay titled ‘Unpacking my Library’, Walter Benjamin (1968: 59-67) dwells upon the many nuances of the art of collecting (books in this particular case), on everything from the sometimes impulsive acquisition to the processes of careful selection and classification which go into creating a library. "Ownership is the most intimate relationship one can have with objects" (67) he says, and this becomes important given the many ways in which we can acquire books today, as well as the problems of copyright, authorship and authority over meaning and knowledge that become a bone of contention in the digital age. The collector defines the nature of the object here, because he lives in and through them. While describing the personal process that is collecting, Benjamin is also aware that it may not be a process that will last as it is - a foreboding of the age when the impulse to collect, hoard and categorise has only grown tremendously due to increased access to books owing to the internet, but also where the figure of the collector seems to have been slowly effaced, thus presenting a ‘chaos of memories’ (60) in unarranged collections spread over several hard disks instead of book shelves. The figure of the collector, and the idea of ‘ownership’ emerge as an important trope in understanding the notion of order, or rather disorder of the art of collecting in the digital space.

This figure of the collector and practice of collecting are important to our understanding of a central concept in DH - the archive - particularly as it occupies a predominant space in the imagination of the field in India, and processes of knowledge production and the history of disciplines in general. The influx of digital technologies into the archival space in the last decade has been an impetus for the large scale digitisation of material, but it has also thrown up several challenges for traditional archival practice, including the preservation of analogue material, the problems of categorising and interpreting large volumes of data, and the gradual disappearance or re-definition of the traditional figure of the collector – a concern echoed across several spaces extending from private online archival efforts to large collaborative knowledge repositories like the Wikipedia. With the questions that DH seems to have posed to traditional notions of authorship or subject expertise, the 'digital humanist', when we imagine such a person, can be seen as a reinvention of this figure of the collector - a curator of materials and traces, here of course, digital traces.

The concept of the archive has been important to knowledge production and particularly the development of academic disciplines; whether driven by concerns of the state or the impulses of the market, there have been different ways of defining and understanding the archive, not only as a documentary record of history, but as a metaphor for collective memory and remembrance which includes technology in its very imagination. One of the most elaborate formulations of the archive has been in the work of Jacques Derrida, where apart from proposing the death and preservation drives as primary to the archival impulse, he also highlights the process of archivisation, or the technical process of archive-building that shapes history and memory (1995). Michel Foucault in his concept of the archive looks at it as "a system of discursivity which establishes the possibility of what can be said," [1] thus pointing to the archive as a space not just of preservation but also production, with an impact on the process of knowledge creation. There is today a consensus, at least in its academic understanding that archives cannot be relegated to being self-contained linear spaces of objective historical record, but that archival practice itself has political implications in terms of how collective memory and history, or as indicated by Foucault, histories are preserved and retold through a process of careful selection. Disciplines themselves may therefore be seen as archives of knowledge, and one may stretch this analogy to say that they may also appear as self-contained spaces with restrictions on entry for different ways of remembering and reading. More importantly, the question of what constitutes the archive and what objects or materials may be archived reflects a larger debate about problems with the definition of disciplines and shifting disciplinary boundaries [2]. With the shift to the digital archive, new questions about access, sharing and collaboration have emerged, as illustrated by the number of new archival spaces that have emerged, and growth of expansive archives such at the Walt Whitman, Rossetti and Blake archives in the West (Drucker 2011). However, as is apparent, the conditions of access to such archives and their interpretation have not been problematised enough, if at all, particularly with respect to how they contribute to generating new kinds of knowledge or scholarship.

While DH debates in the West have focussed quite significantly on archives and the possibilities that digital collections have now opened up research and creative practice involving archival material, in the Indian context it is the 'incompleteness of the archive' that still seems to be a bone of contention. Some of the scholars and practitioners interviewed as part of this study see archive creation as one of the key questions of DH as it has emerged in India, and the possibilities and challenges that this brings to the fore, (particularly in terms of access to rare materials and extending these debates to regional languages) as something that the field will need to contend with at some point. The role of digital technologies in fostering this activity of archive-building is stressed in these debates. In an earlier monograph titled Archives and Access produced as part of CIS-RAW, Aparna Balachandran and Rochelle Pinto trace a material history of archival practice in India, specifically looking at conflicts and debates surrounding state and colonial archives, and the politics of access, preservation and digitisation (2011). The monograph also points towards in some way the move of the archive from being solely the prerogative of the state to the now within the reach of the individual, engendered by increased access to technology, and the ‘publicness’ that the visual nature of the internet fosters. However they also talk of the possibility of continuing forms of state or market control over the archive precisely through the internet and digital technologies, with the nature of individual access and use again being mediated through digitisation. Abhijeet Bhattacharya, Documentation Officer with the archives at the Centre for Studies in Social Sciences, Kolkata who was also part of the Archives and Access project, and has been part of some early conversations on DH in India, speaks about this change [3]. Even twenty years ago, it was difficult to define the archive, as it was considered the prerogative of the state, and this defined the nature of archival practice and management as well. From there it has slowly transformed into a practice that encompasses various methods of digitisation and has become increasingly personal. While digitisation may have resolved some issues of preserving content and the problems of physically accessing archives to a large extent, it may not always be the best option, as the archival or analogue material needs to be in good condition so as to make for good digitised copies, thus emphasising the need for more effective methods and better training in preservation practices. Also, as he point out, digitisation may be able to capture and preserve the content of an artifact, but not its form, which is equally important. He therefore rues the fact that even with technological advancements, there is still a lack of interest in archival practice, and often institutional mandates determine the archival agenda which may not be in the interest of generating more research and scholarship around material, as this is the only way to keep the archive alive.

The growth of private collections, which create new kinds of intellectual and nostalgic spaces, has been an important shift here, with their focus on archiving the personal and the everyday, he says, though in many instances such material may not be available for public use or consumption. While on the subject of private collections and personal narratives, Dr. C S Lakshmi, writer and academic who is director of the Mumbai-based Sound and Picture Archives for Research on Women (SPARROW) [4], has particular concerns about digitalisation making large amounts of information available for consumption online, particularly with respect to women. While digitisation is an effective tool for preservation and offers several possibilities for documentation, unmediated access is problematic and often a breach of privacy. There is so much information out there that the digital sphere makes available, sometimes this excessive communication also contributes to certain silences and obscures or makes invisible people and their stories. So very often its not a question of just making information available to people. What are you making available, how much are you making available and to whom, for what purpose - these are all important questions that contour the notion of access and need to be addressed according to Dr. Lakshmi. Curation therefore emerges as an important process. The publicness or hyper-visibility that the visual nature of the internet and digital technologies accords to the archive is seen tied to a narrative of loss here, and against the rhetoric of preservation which is still in many spaces deemed to be the primary function and imagination of the archive. What this sets up is also a conflict between the possibilities of open access and sharing of material, and concerns of privacy, and the need to find a space where both these seemingly contradictory ends meet.

The increased availability of space for data accumulation due to digital technologies contributes to a 'problem of excess', and that is where curation and building new kinds of tools come in as a critical and creative exercise. Dr. Amlan Dasgupta reiterates this opinion. He talks about the internet as fostering an 'age of altruism', where the proliferation of technological gadgets has brought about a culture of voluntarily sharing materials online. This of course challenges notions of authority and brings forth the problems of the unarranged library which Benjamin’s essay also points towards, but the archive can be used as a metaphor to understand how notions of authorship and authority are being challenged as is apparent in the DH discourse. The theory-practice divide is also something that ails this particular domain like many others; not only is there an inadequate understanding of how to access and use the archive on the part of students and researchers alike, but there is a lack of standardisation of the practice of archive management and the science itself, in terms of metadata, problems of ownership and copyright, and most importantly inadequate infrastructure, training and expertise on preservation of analogue materials. While it may not be within the ambit of DH to address all of these questions, the renewed interest in archival practice and the diversification of its modes is something is that would continue to be an integral aspect of its practice. In fact what digitisation has also led to is diversity in the modes of documentation itself, and the larger process of archiving, which has important implications for the kinds of questions one may ask within certain disciplinary formations, history being an important example. The nature of material in the archive is never quite the same, so is the manner of working with and interpreting them. Dr. Indira Chowdhury, who has been engaged with archival practice herself, and is now working on setting up oral history archives through the Centre for Public History, speaks of the changes that digital technologies have produced in studying oral history, specifically in terms of recording and interpretation of interviews. The mode of documentation, particularly the digital, adds a new layer to the manner in which the voice, sounds or even silence is recorded or interpreted. She refers to Alessandro Portelli’s work on oral history, which talks about the nuances of the sound, such as tone, volume and speed of speaking which are all bearers of meaning and can tell you so much about what the person is trying to say, but can never be fully translated into the written word.(2006, 32-42) Although there are still some basic but crucial obstacles such as with transcription, the digital space may allow for tools that help with more nuanced interpretation of recorded material, and large volumes of it; a possibility that CPH is looking into at the moment. There are several institutions in India who want to set up their archives, most of their materials include many hours of interviews, with many people at a time and transcription is a problem, because it takes time, and there is still no software to aid or completely automate this process effectively. One of the approaches of DH may be to address these knowledge gaps through critical tool-building, in terms of how one may work with different ways of reading and interpreting material using digital tools.

The digital archive is one space where many of these questions about the process of archive-creation and the separation between preservation and production that is often made in the existing discourse come into conflict, thus inflating the definition of the term much more. New technologies of publishing, the proliferation of electronic databases and growth of networks that in turn encourage production and the increasing amount of born-digital materials then present new questions for the concept of the archive and scholarship.

The role of technology has been significant in the development of the concept of the archive; in fact the archive, in its very nature would be a technological object, or a space where one can trace a history of the disciplines in relation to technology. The introduction of the digital has added yet another dimension to this question. Dr. Ravi Sundaram, Fellow at the Centre for the Study of Developing Societies and one of the co-initiators of the Sarai programme at the Centre for Developing Societies (CSDS) [5], speaks of how the advent of the digital has brought about several shifts in the imagination of the archive, which he sees as two distinct phases. Sarai was one of the early models of a concept driven, networked archive, based on a culture of 'mailing lists' that built conversations around topics which in themselves constituted the archive. The shifts came with Web 2.0 with which archiving the everyday became a possibility, given the access to inexpensive gadgets and the pervasiveness of social media. While the model of the networked, curated and public archive still has valence today, a significant next step would be to see how one can extend these questions to thinking differently about the archive, by developing new protocols for entering, sharing and circulation of material, and producing new knowledge or concepts around these ideas. This would be crucial in terms of generating research and scholarship around the archive itself as a concept, and realising the full potential of network-generated information. Another pertinent question is that of information and technology infrastructure, which is a political question as well. The investment on infrastructure for the archive is determined by different kinds of interests and will play an important role in how archival efforts will ultimately develop. As Dr. Sundaram reiterates, the point to note is that new archival efforts are not only general repositories, but critical interventions in themselves. They foster new kinds of visibilities. The Pad.ma archive [6], for example, works with existing footage and reinvents or adds new layers of meaning to it through annotations and citations. This also opens up possibilities for new kinds of questions to be asked about existing material. Private archival efforts, many initiated by individuals are also becoming more niche and specific, driven by a specific research agenda, public interest in conservation or as critical and creative interventions in a particular area. Some examples of this are the Sound and Picture Archives for Research on Women (SPARROW), Pad.ma and Indiancine.ma [7], the Indian Memory Project [8], and Osianama [9]. In some of these examples, the archive may be used as more of a metaphor rather than a description or classificatory term, because of the layers of meaning that they generate around an existing object or 'trace'.

They are also reflective of a different milieu that came about with the digital turn in India. Shaina Anand, artist and filmmaker who set up the artist’s studio and collective CAMP in Mumbai [10], and is also part of the team behind the Pad.ma and Indiancine.ma platforms, speaks of the various factors that contributed to the setting up these two online archival spaces. As artists for them the larger concern was the ever-changing electronic media or technological landscape, as seen in some of their earlier projects such as Russel TV, which involved creating content around media ecologies and intellectual property in a sort of pro-piracy, and access to knowledge framework. The focus for them was the ecology or the landscape, and within that the sharp point was where there were irregularities and inequalities and there was a need to redistribute things in a certain way. Pad.ma grew out of a larger idea of understanding this changing milieu around the early 2000s, where the digital had already become pervasive – filmmakers were editing on a laptop or desktop computer, they had access to the internet and DIY tools, resources were cheaper and more accessible as the internet was opening up a world of possibilities. Therefore, as the team realised, if there was to be an archive of the contemporary, it had to be digital or visual, or video specifically, and located online. This was also the time when the independent filmmaker had become a prominent figure and the challenges and advantages of sharing unused and raw footage became quite possible and apparent with a platform like Pad.ma. The archive was created as something contemporary, non-state and non-canonical, with a wide range of stakeholders and contributors ranging across NGOs, activists, independent filmmakers to individuals with an interest in film and video. There were however several difficulties as well, chiefly in getting people to share material, issues of privacy, and a resistance to the use of this platform as a pedagogic and academic resource, which over the years have come down with the people becoming more open to using material on the platform as primary texts, and the development of more tools for editing and annotations. Indiancine.ma that way is more of a traditional form of film studies, but with more possibilities now for working with the film text.

However, while entering the digital space may have enabled more sharing and dissemination of material, how much of these efforts also make their way into larger civil society and policy debates, scholarship and pedagogy is still a crucial question. Pad.ma and Indiancine.ma have been used by students, in media and film in particular but the efforts remain niche and restricted to certain disciplines only. Some part of this comes from a resistance to the film or a certain kind of text as academic, and therefore scholarly or relevant to a larger cross-section of research. This also stems from a predominant imagination of the archive as a static, linear repository. As Ashish Rajadhyaksha, film and cultural studies scholar, who was part of the team that created Pad.ma and Indiancine.ma, points out, the distinction between the archive as a repository space and an interpretive space is one that needs to be made clearly, and archives are clearly a form of the later. In fact the idea of the digital as a permanent medium is false, and it should not be the solution to problems of storage and preservation. Further, in a lot of expansive archives, whether digital or physical, it is seen that only up to five percent of the material is used, and more often than not it is the same five percent! This is because most people do know about the existence of certain kinds of material which is buried deep within the archive, and therefore do not access it. The emphasis of archival practice, and particularly in the time of the digital archive where space is not seen as a constraint, yet, should be to enliven the archive to ensure that material from the 'dead space of the archive' is made more searchable and accessible for use.

Curation then comes back again as an important aspect of the archive, even in the time of the digital. Indira Chowdhury sees this as one of the main shifts from the traditional archive, where the curator or the archivist performed the role of a custodian or gatekeeper who grants restricted access to the archive only to researchers or scholars. Now with the advent of the internet and shift to the digital, it’s more about collaboration, and adding to the archive, and this has encouraged a diversity of users, and uses of the archive. This comes with its own problems however, such as with metadata standards for instance, and particularly questions of format which become important from the perspective of technological obsolescence (as discussed in the earlier chapter). The digital archive has made practitioners think about what they are archiving, for whom and what purpose, and in what formats, but these questions also go back to the traditional archive, and in fact are dependent on how we think about and defined the archive itself, then and now how we imagine the virtual archive. These are as she says, questions that may be routed through technology, but not necessarily about technology. Also, even with the traditional archive, making material accessible and usable was a concern, and this is where the archivist or custodian played an important role. She speaks about using pre-digital archives, where there are handwritten descriptions of material, all meticulously preserved, indexed and cross-referenced, and you know what material to look for because the archivist knew what was in the archive and how to find it. She speaks of her own experience of setting up the archives at TIFR, which was not digital then, but has been digitised now, and even though she has not been associated with them for a while now she still gets the occasional email requesting help to find something in the archive, because she knows the material. A lot of the new digital archives therefore, despite their huge collection which are also searchable, need archivists and assistants who oversee the organisation of material, because those cross-references and connections have just not been made (often it is not humanly possible because of the sheer volume of data), which is really what the historians will look for, and that is the challenge here.

Padmini Ray Murray, another faculty member at the Centre for Public History, also sees this as a problem of not imagining the archive as a database, but as this legacy where content is being held together under this one overarching frame. She finds that there is a metanarrative that is created at the level of the database, because of the context in which the archive becomes a database – the historical / institutional questions, and what is being used to create the archive. A point of divergence however could be that it’s easier to lie with the archive, because with the database there is the empirical identifier, so the truth claim is better. This is something that Dr. Chowdhury agrees upon as well, as she finds that because archives have the potential of being multilayered, and are therefore complex, verification is difficult; it’s only another scholar who will check the materials referenced or used by one – and the interpretation would change, and this had implications for the way the archive generates scholarship. Another difference is pulling data from the archive in a way that it allows the making of computational hypotheses about other possibilities, which is the heart of DH – such as topic modelling and algorithmic shortcuts to crunch through data to posit some hypothetical claims. She feels that in India at the moment we are not doing in enough with the archive as database, which also restricts its many possibilities. Even in terms of access to the archive, which the digital archive is supposed to make easier, it comes with certain conditions, such as copyrights, privacy and even different kinds of Creative Commons licenses for open source content. It also depends on what Dr. Ray Murray describes as the ‘flavour of the archive’, something particularly relevant to a lot of new private archival spaces like the Indian Memory Project, or Indiancine.ma or Pad.ma, which focussed on 'building the archive', as opposed to working with an existing archive of material. As such these are somewhat ephemeral archives, always in the making, and where the digital intersects clearly with the archival space is in terms of finding an audience for it; the internet creates these niche spaces of interest, so you find that people want to access such spaces, and do it differently from the traditional archive, as the varied nature and functionalities of these two examples demonstrate.

What the long discussion seems to illustrate then is the gradual shift of the archive to become something of a metaphor, as the way the archive has been previously imagined, and its functions have changed with the advent of the internet. As Wolfgang Ernst asks:

Does the archive become metaphorical in multimedia space? This is a plea for archiving the term archive itself for the description of multimedia storage processes. Digital archaeology, though, is not a case for future generations but has to be performed in the present already. In the age of digitalizability, that is, when we have the option of storing all kinds of information, a paradoxical phenomenon appears: cyberspace has no memory. (Ernst 2013: 138)

What Ernst suggests is that the Internet forms a different kind of multimedia archive, or anarchive, or is a phantasm, which differs from the printed of state archives because “the archive is a given, well-defined lot; the Internet, on the contrary, is a collection not just of unforeseen texts but of sound and images as well, an anarchive of sensory data for which no genuine archival culture has been developed so far in the occident” (139). The internet, in documenting the discontinuities and ‘disorder’ of the history of multimedia forms thus gives rise to a new memory culture, and this is important to the process of understanding how new archival spaces are being created, and theorised.

Archive-building has an impact on how knowledge is produced, organised and disseminated is a crucial aspect of meaning-making practices. Related to this is another issue in terms of the amount of data that is available in the archives by the sheer amount of material that it can now hold, which demands new protocols of access and collaboration, and the role of curation in making such data relevant and comprehensible. The problem of excess mentioned by many of the scholars and practitioners would be relevant to the question of big data; accessing or interpreting such large volumes of information would require critical tools and new kinds of architecture. These shifts also relocate the figure of the collector from traditional practices to new ways of visualising collections and the art of collecting itself, which are now beyond the scope of the human subject. As illustrated by practices such as distant reading, it is now humanly difficult to read, and process such large volumes of data that the digital archive now makes available to us. What this then throws up as questions for archival practice, and DH of course, is the new modes by which knowledge is produced through access to such corpora – for instance the impact such changes have on history, its reading and writing, the growth of public history and the role of the internet archive in fostering its growth. On a much broader level, it also points towards the implications of this shift for pedagogy and scholarship in the humanities, in the digital age, questions which will be discussed in the next chapter.

Notes

[1] Michel Foucault quoted in Manoff (2004: 18).

[2] Ibid.

[3] A session on 'Digital Humanities and the State of the Archives in South Asia' was conducted by Prof. Abhijit Bhattacharya and his team as part of a workshop on research methodology in Women's Studies, held at Tezpur University between April 6-7, 2010.See http://www.tezu.ernet.in/notices/ResearchMethodology.pdf

[4] See: http://www.sparrowonline.org/.

[5] See: http://sarai.net/.

[6] See: http://pad.ma/.

[7] See: http://indiancine.ma/.

[8] See: http://www.indianmemoryproject.com/.

[9] See: http://osianama.com/.

[10] See: http://studio.camp/.

References

Balachandran, Aparna, and Rochelle Pinto.Archives and Access. Bangalore: The Centre for Internet and Society, 2011

Benjamin, Walter. "Unpacking my Library: A Talk about Book Collecting" In Illuminations, edited by Hannah Arendt.Translated by Harry Zohn, 59-67.New York: Schoken Books, 1968

Derrida, Jacques. Archive Fever: A Freudian Impression.Translated by Eric Prenowitz.Chicago:University of Chicago Press, 1996

Drucker, Johanna. "Humanistic Theory and Digital Scholarship" In Debates in the Digital Humanities, edited by M.K. Gold. Minneapolis: University of Minnesota Press, 2012.Accessed December 11, 2015.http://dhdebates.gc.cuny.edu/debates/text/34

Ernst, Wolfgang. "Discontinuities:Does the Archive become Metaphorical in Multimedia Space?" In Digital Memory and the Archive, edited by Jussi Parikka, 113 - 140.Minneapolis: University of Minnesota Press, 2013

Manoff, M. “Theories of the Archive from Across the Disciplines.” Portal: Libraries and the Academy, Vol.4, No.1 (2005): 9-25.Accessed December 10, 2015. http://dspace.mit.edu/handle/1721.1/35687

Portelli, Alessandro "What makes oral history different?”. In The Oral History Reader, edited by Robert Perks and Alistair Thomson, 32-42. London: Routledge, 2006.

For more details visit https://cis-india.org/raw/living-in-the-archival-moment

Leading Up To The GCIP: A Chat With Shamnad Basheer

Job Michael Mathew — 2016-01-31T08:57:01Z

The next discussion in our pre-GCIP discussion series is with Prof. Shamnad Basheer.

The blog post was published on the Global Congress page on December 13, 2015.

Profile: Shamnad Basheer is the founder of SpicyIP, India's premier blog on IP and innovation law and policy. Basheer was the first Ministry of Human Resource Development Chaired Professor of Intellectual Property Law at the National University of Juridical Sciences, Kolkata, and a Frank H. Marks Visiting Associate Professor of Intellectual Property Law at the George Washington University Law School in Washington DC.

JMM: The years after TRIPS have seen a number of battles in developing countries over IP rights. In response, some developing countries like India have incorporated measures such as Form 27 requirements for patents and Section 3(d) in the Patents Act to prevent over-broad exclusionary rights. What explains the presence of such creative interpretation of inherent flexibilities in some developing countries and their absence in others?

SB: Indeed! Some developing countries such as India have been a little more successful in using TRIPS flexibilities than others. I believe this is due to several factors:

Firstly, you need a very strong domestic constituency that prods the government to actively exploit TRIPS flexibilities. In the case of India, there were two very powerful constituencies at play -

a. We have a very strong generic industry, which has historically benefited from a not-so-stringent patent regime and was keen on ensuring the widest possible use of TRIPS flexibilities so that they could continue to remain competitive in a market that was soon to be flooded with pharmaceutical patents.

b. Also, a very powerful civil society played an important role in shaping the 2005 Amendments to the Patents Act, which contained a number of flexibilities to rein in the impact of pharmaceutical patents.

Thanks to the powerful advocacy of these two constituencies, we see measures such as section 3(d) of the Indian Patents Act, strong compulsory licensing and patent working provisions, parallel import provisions, strong Bolar provisions etc.

Further the spirited defense by our domestic generic majors in patent infringement actions by multinational pharmaceutical companies triggered a strong line of public interest jurisprudence from our Courts. All of this contributed to a relatively more progressive patent regime than present in a number of other developing countries.

Even if domestic industry interest has begun aligning itself more with the interests of Big Pharma, with whom they are partnering in large numbers, the fact that we have an active civil society that continues to challenge problematic patents is a great boon for patients and public health.

Secondly, though not a perfect democracy, India’s law and policy making processes are relatively more transparent than a number of other developing countries. This permits civil society and the wider public, including the academia, to engage with law makers and influence the course of patent policy in India.

Thirdly, the adversarial litigation system and the relative openness of our court processes and procedures, coupled with a vibrant media helped infuse more public interest norms and TRIPS flexibilities within Indian patent decisions.

JMM: How far have measures undertaken by the governments and the judiciaries of developing countries been able to balance public interest and rising exclusionary norms that are coming to characterize global IP regimes?

SB: On the issue of balancing a private patent monopoly interest with the larger public interest, I think a lot more needs to be done. I still can’t get over the fact that despite extensive engagement by the civil society and the public with IP issues, we still have so many Free Trade Agreements being signed! Not to mention the highly opaque TPP agreement which just got signed and will certainly take us back to the dark ages in terms of the gains in a more progressive vision of IP and its place in the changing knowledge economy which relies more on openness and sharing. As a result of these pressures from the Western nations and the corporations that lobby them to take these hard-hearted stances, many countries will be under pressure to desist from deploying their full range of TRIPS flexibilities and will never be able to infuse more public health and public interest concerns within their domestic regimes. So these regimes will remain unbalanced at least for the foreseeable future, I’m afraid.

However, this is not just a simple developed versus developing countries concern. Even within developed countries, there is a lot of rethink on the role of patents in innovation. An increasingly heated discussion on the downside of patents and their deleterious impact on innovation is taking place, thanks to the advent of trolls and various other funny creatures that have cropped up due to an excessive one-sided ratcheting up of IP rights and enforcement.

If these developed country lobbies that are critical of the patent regime get stronger, there might be hope for a more sweeping IP paradigm change the world over! And perhaps a lot more developing countries may be freer to begin experimenting with TRIPS flexibilities.

JMM: The generic drug industry of India is world renowned for making life saving medicines accessible to a large part of the world. This industry had actively opposed the revision to the patent law in 1970 and there was a belief that the interests of the generic drug industry coincided with the interests of Indian patients. In the years since 1970, these industries have experienced tremendous growth and even as there are 50-60 companies making identical generic medicines the market is dominated by 3-4 companies. How far would you say the interests of the generic drug industry overlap with the interests of the Indian patients now?

SB: Great question! The interests between the domestic generic industry and civil society in India clearly overlapped earlier, but unfortunately there is an increasing divergence today. The clearest example of this is Cipla, an Indian Robin Hood of sorts, which fearlessly took on global MNCs and slashed prices of HIV medications and promoted access to affordable medication.

Today they prefer to partner and meekly sign up to problematic licensing arrangements with Big Pharma such as the one they signed with Sovaldi, a notoriously priced Hep C drug by Gilead. Incidentally, this patent was initially challenged in India by Natco and Zydus, but these companies later signed up to partnerships with Gilead, after which they dropped their patent challenges! So much for relying on our generic majors to protect the public health turf and guard our interests! But perhaps that is not their job! For after all, these are “corporations” at the end and the quest for more profits and dividends to satisfy their shareholders is hard wired into their very DNA!

It is this “corporate” sense and sensibility that is driving this increasing partnership between Indian generic companies and foreign multinationals. Originator drug makers want to show a “generic” face to governments that are racing to squeeze public health budgets and cut costs by tendering more generic supplies. Similarly our generic majors want to be the next Teva, and come up with the next big molecule that will help them rake in some serious moolah! Therefore partnerships with big pharmaceutical companies are attractive propositions for generic manufactures to enhance their R&D skill sets. Leading to what I call the “Ardhnarishwar” model, a term of art from Hindu divinity, referring as it does to a godlike figure comprising half man and half woman. In our context, this term roughly translates to: half originator: half generic!

These cozy connects between originator and generic firms may perhaps help explain why there are no compulsory license applications in India, despite Natco’s stellar success with the first license application concerning Bayer’s excessively priced Nexavar. Worryingly, the number of patent oppositions from generic companies against originator patent applications are also coming down.

In all, the gap between generic interests and patient interests are widening. As a result of this there is increasing pressure on civil society to fight the good fight and continue opposing frivolous pharma patents!

JMM: You were part of a team that played a pivotal role in getting through, the amendment to the Indian Copyright Act in relation to the exception that made it legal to convert copyrighted content to forms accessible for the disabled. Has the amendment satisfactorily addressed issues of access that the disabled face in India? Do you think other measures are also required to supplement this?

SB: I think the Indian exception is one of the broadest in the world and needs to be applauded. One of the rare instances where politicians across party lines supported the Amendment after we had advocated for it for more than a year! All thanks to the wonderful Rahul Cherian (unfortunately snatched away from us thanks to a quirk of fate) and his ability to bring a number of disability activists, policy makers and academics together to achieve this phenomenal outcome.

Though the government did not endorse our proposal in its entirety, the final clause that found its way into the Copyright Amendment Act 2012 comes close to what we had suggested.

Unfortunately, despite this stellar statutory provision, I’m not sure how many people on the ground are actively deploying it, at least as third party organizations that work for the benefit of the differently-abled. We need to create more awareness around this provision and its potential for social transformation.

JMM: The informal economy represents a major share of output and employment in middle and low income countries. In these countries the informal economy is a major area of innovation though little is known about what incentives prompt individuals and communities to innovate. What do you think is the role of IP in informal sectors and how has the relative absence of IP in such fields affected knowledge diffusion?

SB: I think the honest answer to this question is that we don’t know because no one has ever really studied this sector! At least in terms of its innovation ecosystem and its dynamics- what drives creativity here, how is it diffused, and how are ideas translated to products? Are people driven by money or by love of their fellow humans or do they create for reputational benefits, as is the case with open source software? Or is there is some mystical magic to all of this, where people believe they are conduits for a higher energy/force such as traditional medicinal healers who don't charge any money for their medicines or healing?

I explored some of these aspects for a short piece I did for WIPO as part of a joint project with other academics and policy makers. We came across anecdotal evidence to suggest that the innovation ecosystem in the informal economy differs in important particulars from that of the formal economy. Of course, a lot more needs to be done to understand this sector. In the meantime, the assumption that blindly transposing IP regimes built largely for the formal sector will somehow unleash creativity within the informal sector is highly misguided! Rather than blithely assuming that the informal sector needs to learn from the formal sector, perhaps we could learn from them?

JMM: The Delhi University Photocopy case which involved a small photocopy shop in Delhi being taken to Delhi High Court for copyright infringement by big publishing houses such as Oxford University Press and Cambridge University Press for photocopying copyrighted content belonging to these presses. The copyrighted content in dispute involved course-packs recommended by the University with excerpts from several books. The Indian Copyright Act’s fair dealing provision incorporated specifically provides an exception for educational use in Section 52(1)(i) and in that sense is wider than fair dealing provisions in some other parts of the world. Yet the Delhi High Court issued a temporary injunction restraining the photocopying shop from selling the (allegedly) infringing course-packs until the case was decided. Leaving aside the outcome of the case, do you think countries like India require explicit guidelines from the Executive that categorically state that photocopying of academic material does not constitute copyright infringement like in Costa Rica to isolate such uses from judicial construction or do you have any other such suggestions that can work well in the Indian context?

SB: This case is currently pending before the Delhi High Court and we are awaiting the court’s decision. So clearly, at this stage, we need to wait for guidance from the courts. To a large majority of us, it is very clear that educational photocopying is exempt under the terms of section 52(1)(i). The publishers of course don’t seem to think so. Therefore I think it would be best for the court to issue the verdict and provide clarity. If the final ruling does not favour educational use in the way that we seek to now advocate, we may need to persuade our lawmakers to then amend the law and make this clearer. I am hoping things don’t come to that and that the judge rules in favour of a robust and strong educational exception, which is what Parliament intended when they crafted the exception.

At this stage however, I don't think Executive fiat will work, particularly since there is a statute in place and a judge is currently interpreting that very statutory provision. More importantly, relying on the Executive is a double edged sword, given the money and lobbying power of the publishing industry, more than amply demonstrated when the last government under Minister Kapil Sibal did a volte face and removed a provision at the last minute that would have fully exempted parallel imports from the scope of copyright infringement.

JMM: Can you shed some light on the term ‘public interest’ since different stakeholders such as governments, pharmaceutical companies, activists and academics are all working in ‘public interest’ and yet their paths towards achieving ‘public interest’ diverge more often than converge?

SB: This is a difficult question to answer! You are right: public interest means different things to different people. At one level, even a big pharmaceutical corporation that takes out a patent can invoke public interest stating that they are inventing the drug in public interest…and that, but for the introduction of the drug, there would be no question of access at all!

Therefore the term itself is a bit relative. But to the extent that it helps, one might need to examine it on the specifics of each case and determine whether the argument being advanced by a party is really furthering personal interest or the interests of the community or society at large. Good faith is a large part of this equation and it can help determine if what one is doing is in larger public interest or private interest.

[1] Shamnad Basheer has been a research fellow at the Institute of Intellectual Property, Tokyo, an International Bar Association scholar and an Inter‑Pacific Bar Association scholar. He is also the founder and managing trustee of Increasing Diversity by Increasing Access (IDIA), a non-profit body that aims to empower under privileged communities by facilitating access to legal knowledge and education to the common man.

For more details visit https://cis-india.org/a2k/blogs/leading-up-to-the-gcip-a-chat-with-shamnad-basheer

Strategy Meeting on Global Copyright Policy and Advocacy

praskrishna — 2016-01-31T10:00:18Z

Sunil Abraham and Pranesh Prakash participated in the meeting held on December 14, 2015 at National Law School in Delhi.

Earlier this year, the Open Society Foundations convened a two-day meeting on access to knowledge strategy. Copyright emerged as a major issue and many of the attendees focused on a next-generation copyright reform strategy. The discussion included identifying best user practices, capacity building, WIPO, and risk management. By the end of the two-days, there was strong support to continue the dialogue with a further one-day meeting at the Global Congress.

Agenda overview and guidelines

The agenda is being designed as a combination of planned sessions and participant-driven discussions, and specific topics will be placed into time slots based on input from the participants. Sessions will be dialog- and outcome-oriented rather than presentations or lecture format.

14 December 2015

The Meeting will take place at:

Room 102

National Law University, Delhi

Sector 14, Dwarka

New Delhi – 110078

9:00 Interactive Plenary

This session will provide a collaborative opportunity for participants to share some of their thoughts on the issues relevant to copyright reform strategies, priorities, and directions.

10:00 Identify opportunities for advocacy

Participants will break out into small groups to discuss opportunities for advocacy both internationally and domestically. Some possibilities include:

Limitations and exceptions/user rights
Remedies/damages/risk
Intermediaries
International – WIPO
International - trade agreements (TPP, TTIP, CETA, etc.)

10.45 Break

11.00 Deeper discussion of identified opportunities

In small groups, participants will have the opportunity to discuss the opportunities which have been identified. (5 x 30 min = 2.5 hours)

12.30 Lunch Break

13:30 Deeper discussion of identified opportunities, cont.
Small group discussion continues.

15:00 Report back
Each group will have an opportunity to report back.

15:30 Best of the best
In the full group, the participants can discuss the best opportunities, biggest risks, and the best models to follow.

16.30 Closing

This session will invite participants to weigh in on what has been most useful during the course of the day.

17.00 Adjourn

For more details visit https://cis-india.org/a2k/news/strategy-meeting-on-global-copyright-policy-and-advocacy

Leading Up To The GCIP: A Chat With Michael Geist

Job Michael Mathew — 2016-01-31T05:37:58Z

Continuing the lead-up to the GCIP, the following discussion is with Dr. Michael Geist.

Click to read the blog post originally published on Global IP Congress website on December 12, 2015.

Profile: Dr. Michael Geist is a law professor at the University of Ottawa, where he holds the Canada Research Chair in Internet and E-commerce Law. He will be giving a keynote address during the inaugural plenary session scheduled for December 15^th.

JMM: The UK recently made a major push towards open access after the recommendations of the Finch Report dealing with expanding access to research publications. The major thrust of the Finch Report is towards sustaining an open access model through Article Processing Charges (APC) as opposed to other alternatives such as Advertisement/Sponsorship based model or the subsidy-based model. This has raised concerns over predatory open access journals using APC which are said to undermine peer review and privilege wealthy universities and grant holding scholars. What do you think are the implications of following such a model for the open access movement at large?

MG: I have real concerns about the APC model, which may price open access out of the hands of many scholars. We need experimentation with different open models, recognizing the economic uncertainty of switching away from high priced subscriptions. However, APC may entrench much of the current model and is among the least desirable (though increasingly common) publisher approaches to OA.

JMM: One of the barriers to open access in Canada was the lack of campus support towards open access. You have written that even as many of the world’s top universities adopt open access strategies, universities in Canada remain reluctant to follow open access mandates. What explains this reluctance to open access among universities and is it something found in other parts of the world as well?

MG: We are starting to see more movement towards OA in Canada. Part of this is driven by our federal granting councils, which have emphasized OA requirements within their guidelines. I think there is also a growing recognition of the scholarly benefits of OA. That said, there are still many scholars who pay little attention to the publishing contracts they sign and the restrictions that may be imposed on their work through their choice of journal. This is an ongoing education issue, particularly for senior scholars, who may still be unfamiliar with OA issues.

JMM: In early 2013, the University of Ottawa Press released “The Copyright Pentalogy: How the Supreme Court of Canada shook the foundations of Copyright Law” in open access. The book was one of the most accessed on the University of Ottawa Press website and in less than 6 months of release was top among 35 books on page views. Writing about the book, you noted that the book was also a top seller in the University webpage in spite of being available for free. Over the last few years, many more of such examples have surfaced. Is open access actually not at odds with commercial sales as commonly understood?

MG: I think open access works hand-in-hand with commercial sales. Indeed, in some instances, it may increase sales. I have long come from the position that there are three potential purchasers of my books. The first group – librarians, people focused on digital issues, etc. – will buy the book regardless of whether it is freely available online. There is a second group that might have purchased the book, but chooses not to do so because there is a free version available. This group represents a financial loss. There is a third group, however, who would not have purchased the book or even been aware of it, but find it through open access. This group may decide it likes what it has read and will buy the book. If group three is larger than group two, the publisher ends up ahead. In fact, the third group doesn’t even need to be larger, because the publisher may be able to use OA to cross-sell other publications. Note that the fourth group – those that would not buy the book but choose to download it – do not factor into this analysis because this group would never have been purchasers.

JMM: Recently you wrote about an Ottawa Court ruling asking a man to pay damages amounting to $13,470 for circumvention of a digital lock. The case involved a man who received from his friend an online publication that he had not subscribed to himself. Apart from Canada, United States of America has strict anti-circumvention rules under the Digital Millennium Copyright Act (DMCA) which makes it illegal to circumvent technological protection measures irrespective of whether or not the reasons for doing so are perfectly legal or non-infringing. Further the TPP under Article 18.68 provides for legal protection against circumvention of effective technological measures without reference to any exception for legal or non infringing use just as in the DMCA. In the light of active endorsement of such measures from certain quarters of the developed world do you think such measures could become a global norm that developing countries may soon be forced to adopt?

MG: There is a real danger of this occurring. The US has aggressively pressured others to implement restrictive anti-circumvention rules. These rules often go well beyond those required by the WIPO Internet treaties. This is a significant problem that cuts across all economies, both developed and developing.

JMM: Almost a year back, there were reports indicating that Canada was the leading opponent of the IP chapter in the Trans-Pacific Partnership. However a year later the negotiations have been completed and parties have agreed to the same text. According to you, what helped quell the Canadian dissent to contentious areas such as extension of the term of copyright protection, criminal liability for copyright infringement among others? Further do you think the victory of the Liberal Party in the just concluded elections will force a rethink on the TPP?

MG: Earlier leaks did indeed indicate that Canada opposed many provisions in the IP text, reflecting differences between Canadian and U.S. copyright law. On several issues, Canada caved (such as term extension). Given the secrecy associated with the negotiations, it is hard to know precisely why certain provisions ended up the way they did. However, the final text suggests that IP was not a top Canadian priority, other than preserving the notice-and-notice system.

As for the change in government, I think Canada will sign the TPP alongside other signatories, but conduct an extensive review of the treaty before deciding whether to implement it. Whether it moves forward likely depends more on what happens in the U.S., where there appears to be significant opposition from some presidential candidates and members of Congress

JMM: Article 18.66 of the TPP deals with Balance in Copyright and Related Rights system. The article allows countries to achieve a balance in copyright and related rights system by crafting exceptions or limitations ‘giving due consideration to legitimate purposes such as, but not limited to: criticism; comment; news reporting; teaching, scholarship, research, and other similar purposes; and facilitating access to published works for persons who are blind, visually impaired or otherwise print disabled’. Do you think this article is drafted broadly enough to allow meaningful fair use? Further, article 18.65, to which 18.66 is subject to, states that exceptions permitted under the TRIPS, Berne Convention, WIPO Copyright Treaty and WIPO Performance and Phonograms treaty shall apply to TPP as well. The Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled is absent in Article 18.65 but is present in a footnote referencing to the exception of ‘facilitating access to published works for persons who are blind, visually impaired or otherwise print disabled’ in Article 18.66. What do you think explains this treatment of Marrakesh Treaty and what will its implications be?

MG: I do think that the TPP allows for fair use. However, it does not require fair use, which suggests that many other countries may not implement it.

There is definitely a double standard with respect to international copyright treaties in the TPP. Where the treaty is viewed as a rights-oriented treaty, it is a requirement. Where it is a user-oriented treaty such as Marrakesh, it is optional.

[1] Dr. Geist has written numerous academic articles and government reports on Internet and Technology and is a syndicated columnist on technology law issues with his regular columns appearing on the Hill Times, the Tyee and the Toronto Star.

He is the editor of several copyright law books including “The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law”, “From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda”, and “In the Public Interest: The Future of Canadian Copyright Law” along with being the editor of several monthly technology law publications and author of a popular blog on internet and intellectual property rights.

Dr. Geist serves an the director and on advisory boards of several Internet and IT law organizations including the Canadian Internet Registration Authority, the dot-ca administrative agency, the Canadian IT Law Association, Watchfire, and Verifia. He is Chair of a global Internet jurisdiction project for the American Bar Association and International Chamber of Commerce. He is regularly quoted in the national and international media on Internet law issues and has appeared before government committees on e-commerce policy

More information can be obtained at http://www.michaelgeist.ca/.

For more details visit https://cis-india.org/a2k/blogs/leading-up-to-the-gcip-a-chat-with-michael-geist

Leading Up To The GCIP: A Chat With Zakir Thomas

Job Michael Mathew — 2016-01-30T10:54:37Z

With only a few more days to go for the 4th Global Congress on Intellectual Property and the Public Interest 2015 (“Congress”), we will be putting out a number of blog posts as a precursor of things to come. In this first series, Job Michael Mathew approaches some of our keynote speakers for their thoughts on their work areas and contemporary developments in their fields.

Profile: Zakir Thomas is an expert in the field of intellectual property rights, open source innovation, neglected diseases and innovation ecosystem in science and technology in India. He will be giving a keynote address during the inaugural plenary session scheduled for December 15^th.

JMM: How far has the TRIPS regime ensured access to and availability of treatment for neglected diseases?

ZT: TRIPS is an instrument meant to further intellectual property (“IP”) driven innovation. One basic feature of IP driven innovation is that it is market related; thus if the market fails, there is no innovation. There is a whole gamut of areas where innovation is required but does not happen due to lack of a market. The TRIPS regime is meant to address innovation in areas where there is already a market. IP drives innovation in areas that has a market, which will ensure return on investment. In the case of neglected diseases there is no ‘market’ for the innovation drivers to ensure a return on their investment and hence access and availability has been poor in this area. I would say that the TRIPS regime has not dealt with the question of treatment for neglected diseases at all. The fact here is that the TRIPS regime was not meant to ensure access and availability to treatment for neglected diseases.

However it important to look at this question a little closer. There are a lot of areas where innovation has not happened despite the presence of TRIPS-compliant laws. There are countries with stronger IP laws than the US, yet companies have not shifted to those countries. There are many countries in the world today that have TRIPS-complaint IP laws, yet has this resulted in transfer of R&D from the US to local companies in these countries? Even after two decades of TRIPS and links drawn between stronger IP laws and innovation, innovation is confined to a handful of countries. Innovation ecosystem is a complex ecosystem and IP is only one of the factors that have an effect on the ecosystem and not the sole determinant as the current narrative makes it out to be. It is important to challenge the narrative that proclaims that IP drives innovation or that higher IP protection will attract investment and transfer of R&D.

JMM: Given the fact that big pharmaceutical companies are resource-rich to pay hefty sums to people who work with them, how can the open source movement attract the best talent to work for it?

ZT: From my experience in working in this field, I don’t think talent or the lack of it is the real issue. It is important to understand what exactly a pharmaceutical company does in research. In most cases the real innovation, i.e. finding the early stage molecule, which is the core of pharmaceutical innovation, happens in publicly funded academic or research institutions and only in limited cases does it happen within the pharmaceutical company. Once the early stage molecule is discovered then the pharmaceutical companies does some development over these molecules leading up to the clinical trial. There are experts in publicly funded institutions who are willing to work with the open source movement and are in fact working with it. There are Contract Research Organizations who are IP agnostic and deliver quality research to the industry. Talent, therefore, is not difficult to find and is readily available to tap into. Of course, pharmaceutical industry driven drug discovery is a cost-intensive model. Even in the open source model, the costs cannot be brought below a certain level. The open source model will also have to conduct clinical trials and somebody will have to bear these expenses. The difference lies in that fact that the fruits of the innovation will be available to all without the exclusivity of IP attached to it.

JMM: A major concern for the uninitiated will be issues of quality control in an open source drug discovery model. How does open source drug discovery address such concerns?

ZT: To be honest, such a doubt will come from someone not only uninitiated to the model of open source drug discovery but also the process of drug discovery itself. Drug discovery and development is a highly quality controlled work. There are inbuilt regulatory mechanisms which ensure that newly discovered molecules pass certain regulatory standards. We have an independent clinical trial regulatory body called the Drug Controller General, whose experts closely scrutinize all data submitted to it, and only after they are satisfied will they give the nod to go ahead with clinical trials. Further, just because the drug is developed in an open source model doesn’t mean that experts do not closely scrutinize it. Experts, peer reviewers and funders scrutinize the discovery at every single stage and only with the approval of the regulators will things move ahead. Essentially, independent of whether the drug is discovered through the open source or the pharmaceutical model, the kind of regulatory checks and quality controls it goes through will be the same.

JMM: The Department of Biotechnology and the Department of Science and Technology are announcing an open access policy as a major victory for the open access movement in the country. What according to you should be the next objective of the open access movement in India?

ZT: Creating a national depository of open access journals which are properly cited and indexed, organized subject-wise and searchable online by all our academic institutions should be the next step. Essentially a well stocked and organized open access library should be accessible to our researchers. India has a National Knowledge Network (NKN) which provides high bandwidth connectivity to academic institutions. This repository should be made accessible over NKN. It is not enough to declare that Departments go open access. It is important to ensure that the all open access resources are available to our researchers we well.

JMM: How far has the open access movement in India translated to output of quality scientific research studies?

ZT: Open access is about access to knowledge. It will ensure that the work you do at your lab is now accessible by people at large. It does not mean that the quality of work you do in your lab improves. But access to knowledge has the potential to improve the quality of your research. Open access allows for the communication of research findings with taxpayers, which will lead to better returns for the taxpayers as the fruits of the tax money spend is available publicly for everyone to access. Whether this availability leads to better quality of scientific research studies is something unquantifiable as of now. So, open access resulting in output of quality scientific research studies is a correlation that I cannot make. Open Access has been recently adopted in India and there is no data available that allows me to make such a correlation.

The idea behind open access is that one makes public one’s work regardless of its quality or other considerations. Now, the question is whether doing so increases quality of output? There is a possibility that following an open access model will result in better review and feedback of works submitted but this is a very long process and there is no data in India to make such a claim.

[1] Job Michael Mathew is an intern at the Centre for Internet and Society. He is currently a student at Nalsar University of Law, Hyderabad.

[2] Zakir Thomas was the founding Project Director of Open Source Drug Discovery (OSDD) of the Council of Scientific and Industrial Research (CSIR) in India, where he led an open innovation drug discovery programme for tuberculosis (TB). He was also the head of the Director General’s Technical Cell, leading a team which provided technical and policy inputs to CSIR, including intellectual property issues.

He served as the Registrar of Copyrights of Government of India from 2000-2003 and as a Deputy Secretary in the Department of Higher Education of the Ministry of Human Resources Development. Professionally, he is an officer of the Indian Revenue Service with over 25 years of experience, currently posted as Commissioner of Income Tax at Delhi. He has worked at the Ministries of Finance, Science and Technology and Human Resources Development, in the fields of intellectual property, science and technology, e-governance and policy formulation.

Zakir holds an M.Sc. in Physics (Mahatma Gandhi University, Kerala), LL.B. (Delhi University), and a Masters in Intellectual Property, Commerce and Technology (Franklin Pierce Law Centre, University of New Hampshire in the U.S.)

Check out the blog post on Spicy IP

For more details visit https://cis-india.org/a2k/blogs/leading-up-to-the-gcip-a-chat-with-zakir-thomas

Leading Up To The GCIP: A Chat With Susan K. Sell

Job Michael Mathew — 2016-01-31T08:36:57Z

After Mr. Zakir Thomas and Dr. Michael Geist, our third discussion is with Prof. Susan K. Sell.

Click to read the blog post published on Global Congress page on December 12, 2015.

Profile: Susan Sell is a Professor of Political Science and International Affairs at George Washington University where her teaching focuses on theories of international politics, international political economy and relations between the North and South. She will be giving a keynote address during the inaugural plenary session scheduled for December 15th.

JMM: The Australian Government’s plain packaging legislation is being challenged by Philip Morris International under the Investment State Dispute Settlement provisions under the Australia-Unites States of America Bilateral Investment Treaty. The treaty under question is a purely investment treaty with no references to public interest or health pre-dating the TRIPS. What do you think will be the implications of adjudicating an intellectual property enforcement dispute at an investment tribunal? Further, such provisions are present in the recently concluded TPP as well even though an exception is carved out for tobacco. However TPP vide Article 18.6 affirms the party’s commitment to TRIPS and public health and explicitly states that parties have the right to determine what constitutes a national emergency and take measures to protect public health even if it conflicts with the obligations under the IP chapter. Do you think the presence of such an explicit undertaking will fundamentally alter the power dynamics within an investor State dispute settlement tribunal which is generally seen as a pro-corporate body?

SS: I think the implications are very troubling. One thing I have looked at a lot and continue to look at is the practice of forum shifting, where parties shift to different forums to try to get what they want and I look at Investor State Dispute Settlement (ISDS) as another forum that raises troubling implications. ISDS has become extremely popular over the last few years; in 1982 there was only one ISDS case, it rose to 50 in 2012 and now in 2015 we are up to 500 cases in 50 different countries. To me this is troubling because it represents a trend of deal making behind closed doors that circumvents democratic deliberation and public scrutiny.

IP is now being defined as an investment asset under the ISDS provisions. In 2014, Susy Frankel and R Dreyfuss wrote about this redefinition of intellectual property. In 2012 a multinational law firm Jones Day published a report arguing that ISDS was a new way forward for pharmaceutical firms to address the assault on their patents in the developing world. So this is a new strategy of intellectual property owners.

The ISDS provisions, by identifying intellectual property as an investment asset, are like getting a camel’s nose inside a tent. Once these issues get adjudicated under ISDS provisions it will open the floodgates for much more ISDS activity focused on IP. Now there is some interesting pushback against these provisions since ISDS is getting more scrutiny in Europe. Germany has gotten less excited about it, the EU is openly debating it and the Eli Lily case against Canada is gaining a lot of notoriety. A number of developing countries, especially in Latin America, who have been very hard hit by ISDS provisions in a number of sectors have requested that ISDS provisions, that they are party to, be formally annulled. Now that’s not going to happen but it is an important symbolic groundswell against ISDS provisions because they override sovereignty, they override decisions of the highest courts of the land, and they are not transparent and there is no appeals process.

To answer the second part of the question, I would love it if states could use the flexibilities in the TPP as a defense of their public health laws but I am a little skeptical about that happening. We have had the Doha Declaration for many years and it has not really stopped pharmaceutical companies from pushing for further protection and enforcement of intellectual property and intellectual property obligations. Therefore even though the language is in there, I doubt if it will change a lot of things in terms of power dynamics on the ground.

JMM: In one of your papers you make the claim that non-governmental organizations (NGOs) working towards lowering intellectual property standards in movements such as access to medicine are not all that different from big businesses that these organizations are fighting. The claim proceeds to argue that both parties are influenced by normative as well as instrumental objectives as opposed to belief that NGOs are only informed by normative objectives. Yet, how important do you think it is for the NGO movements such as Access to Medicine to maintain a distinction from the pharmaceutical companies they are fighting considering the fact that one of the major victories of the Access to Medicine movement was in relation to the HIV/AIDS crisis where the whole issue was framed as a moral life or death question?

SS: I think it is extremely important for the movement to maintain the distinction and the life or death framing of the issue was important too. I want to clarify that the comparison in the piece ‘Using ideas strategically’ between pharmaceutical companies and NGOs is only at the level of strategy. Both parties are very different in terms of resources, structural power, etc. Pharmaceutical companies have access to more resources and are more powerful structurally. Therefore the framing of issues becomes very important for the structurally weaker party.

There are big differences between NGOs in the access to medicine movement and pharmaceutical companies. However, that said, I think there are many representatives of pharmaceutical firms that really believe in the morality of their position – that you need protection to innovate the next generation of drugs. People from Monsanto, many of whom advocate for patents for seeds feel this is important because they believe that this can increase food security. They sincerely believe that the development of drought-resistant plants is something that is good for the world. So these people also make a moral claim whether or not you agree with it. The point is such claims are not purely cynical or instrumental on the part of such actors.

JMM: One of the major criticisms against the TPP has been the lack of transparency in negotiations with even Congressmen not being allowed to see the text till it was released earlier this month. You have spoken about how this is troubling from a legitimacy and accountability standpoint and insulates private players from scrutiny while pushing unpopular articles within the agreement. Yet, in the case of tobacco, an industry which is quite powerful in the US, the TPP has carved out an exception in relation to ISDS. Article 29.5 gives parties the right to elect to deny the benefits of ISDS in relation to tobacco control measures. The statement of United States Trade Representative Michael Froman explaining the exception reads “Developed following extensive consultations with Congress and with a wide range of American stakeholders – from health advocates to farmers, representing many views on whether and how to address tobacco-related health policy measures in a trade agreement”. Even as criticism abound on lack of transparency there seems to have been a surprising amount of transparency as far as this particular provision is concerned. What do you think explains this anomaly?

SS: First of all, I am not very sure that there has been a lot of transparency in the tobacco discussions. I would need to find out more about the process. That statement alone from Michael Froman is not much to go by considering the fact that Stan McCoy before Michael Froman and now Michael Froman himself have always maintained that they have been consulting a wide range of stakeholders during the entire process of TPP negotiations. However the consulted stakeholders have only been their cleared advisors, most of whom are IP owners, major corporations, Wall Street players and the like. Consumers and public interest NGO’s have been shut out of this process. Therefore I am not aware, despite what Froman has said, that there has been an open public deliberation about tobacco provisions.

In fact right now, in the United States, there is a lot of pushback against the carve-out for tobacco in ISDS. This is a sticking point for Obama getting the deal through Congress. Tobacco firms are very upset about the carve-out. Similarly pharmaceutical companies are very upset that they did not get the 12 year data exclusivity on biologics. Senators and Congressmen from states that have a big pharmaceutical presence are saying that the deal must be renegotiated and the higher standards be put in place. So there is an interesting process going on now, but I am not aware of any open and public negotiations.

JMM: An exception to the global movement towards stricter IP regimes as evidenced by deals such as ACTA, TPP among others has been India. The patent law has set the bar pretty high for granting of patents and the Government hasn’t shied away from using tools such as compulsory licenses. What explains the Indian isolation to pressures of the western world, particularly the United States, and what are the lessons the Indian model has to offer to other developing countries?

SS: India is a really interesting case and I am a little nervous about recent statements made by Narendra Modi referencing the need to be open to stronger IP protection. India has a long history of standing up to pressure, for example being the leader of the Non-Aligned Movement, so it has a history of carving out its own path. It has been a pioneer with the passing of the Indian Patent Act, 1970, which allowed it to develop a highly robust and successful generic industry. The adoption of Section 3(d) of the Patents Act, which prevents the evergreening of patents, has been emulated by the Philippines in its Patent Act and is totally TRIPS compliant.

Some of the lessons of the Indian model are to use flexibilities under TRIPS and tailor IPR regimes to suit one’s national needs. Of course India has a large economy and that gives it a more power than some of the smaller developing countries. I think it is important that countries support each other’s rights to use these flexibilities and I would like to see more South-South corporation in drafting laws and offer some pushback against the relentless pressure to go over and above what is required by TRIPS.

JMM: At the turn of the 21^st century there was a move to evolve minimum standards of protection for IP which culminated in the TRIPS agreement. There was a feeling that that the TRIPS agreement was an unbalanced agreement with respect to the interests of the developing world and it was hoped that the Doha Declaration on Public Health and TRIPS would make the agreement more balanced. Added to this, the US trade policy of 2007 marked a shift in the approach of the United States towards IP by lowering standards of protection for the first time. However, recently agreements such as ACTA and TPP tip the balance in favour of developed countries and its MNCs by dismantling many of the inherent flexibilities in the TRIPS agreement. What, according to you, explains this latest shift to a more restrictive IP regime evident from bilateral and plurilateral agreements?

SS: I would argue that if you look back historically, the May 2007 amendment to the Trade Policy to allow for more flexibility in the area of public health is an anomaly. It is this anomaly that needs to be explained rather than the pressure for higher standards. The pressure for higher standards has been ongoing ever since the TRIPS negotiations were concluded. For right-holders the provisions in the TRIPS were always a floor, a bare minimum of protection whereas other parties saw it as ceiling considering their level of development and capacity. So when we see agreements like ACTA and TPP, they are consistent with what US trade policy has been and increasingly Europe as well in its bilateral and regional agreements. Firms have never stopped pushing for stricter standards and they are never going to.

I think one of the most concerning things is firms engaging in what I would call Private Power 2.0. We saw how private power was very instrumental in crafting and achieving the TRIPS agreement. What we see now, however, is less transparency and more anti-competitive conduct flourishing behind closed doors as evidenced by deals such as TPP and ACTA. I just read a manuscript by Natasha Tusikov titled ‘Choke Points’ in which she talks about the fact that even though the Stop Online Piracy Act and Protect Intellectual Property Act were shelved as a result of online activism and mobilization of opposition, that helped to unravel ACTA abroad and seemed like a very big victory. People were celebrating it as a David and Goliath story as it was the first time rights holders did not get what they wanted in a big way. However in reality the provisions of SOPA and PIPA are in practice after having been adopted through private contracts between Internet Service Providers and content owners. These contracts are entered into behind closed doors and the public is not privy to this. So if you are watching a 12 episode show on Netflix and after 8 episodes it is no longer available then you begin to wonder what happened. What happened is these private agreements behind closed doors where companies like eBay and Google are increasingly policing the rights of the right-holders and increasingly enforcing wishes of right-owners online. These are some of the worrying trends that need to be addressed.

One other issue is that the firms are still making the argument that they have always tried to get higher standards of protection and that this is about competitiveness and creating jobs. However recently, Irish company Amgen acquired Pfizer which was based in New York. It will be interesting to see how compelling the larger competiveness and jobs argument will be given that Pfizer will now be based in Ireland and no longer paying the United States tax revenue. The Pfizer spokesperson was saying that the acquisition is good for the United States and that’s a real puzzler. So this is a really interesting move that has happened and it undercuts the rationale these firms have been using to get the support of the US Government behind their preferences.

[1] Prof. Sell has written extensively on the politics behind the international IP rights regime most notably in her book “Private Power, Public Law, The Globalization of Intellectual Property Rights”. She is also the author of “Intellectual Property Rights: A Critical History” and “Power and Ideas: North South Politics of Intellectual Property and Antitrust”. Apart from the books, she has a number of publications dealing with and describing the forces that shape IPR regimes, the implications of the present IPR regime in relation to access to medicine, importance of developing a humanitarian conception of IPR among others.

For more details visit https://cis-india.org/a2k/blogs/leading-up-to-the-gcip-a-chat-with-susan-k-sell

The Infrastructure Turn in the Humanities

sneha-pp — 2016-06-30T05:07:06Z

Sections

01. Digital Humanities in India?

02. A Question of Digital Humanities

03. Reading from a Distance – Data as Text

04. The Infrastructure Turn in the Humanities

05. Living in the Archival Moment

06. New Modes and Sites of Humanities Practice

07. Digital Humanities in India – Concluding Thoughts

In an article in the Digital Humanities Quarterly describing the emergence of the term cyberinfrastructure, Patrik Svensson speaks of an ‘infrastructure turn’ in the humanities, pointing towards a seemingly new found interest and investment in resources and tools for humanities research, pedagogy and publication in many universities and other knowledge institutions (Svensson 2011). Though the term has not been significantly used otherwise, it is interesting to note the implications of such a statement in the context of other such important ‘turns’ in the history of ideas, such as the linguistic or cultural turn. Particularly in the predominant debates around digital humanities, which are largely Anglo-American, infrastructure is an important and inherent component of any thinking around this area, as it derives many of its theoretical and practical concerns from a history of humanities computing. A lot of early work in DH was done in in the area of digital archives and knowledge repositories, such as The Walt Whitman Archive, Rossetti and Blake archives (Gold and Groom 2011, Drucker 2011), where digitization and algorithmic querying were important developments in terms of imagining and opening up the archive. From there to seemingly complex projects on data mapping, visualization, distant reading and cultural analytics, which require parsing through a huge corpora of humanities data, the growth of infrastructure has been a key aspect of these developments, although this many not be emphasized in the early literature about the field. The use of computational methods and the move towards the use of big data in the humanities has been an important change in terms of objects of the enquiry and methodology, and infrastructure is an essential condition of both these changes.

Like with other disciplines the nature of infrastructure and resources available to the humanities – in the form of galleries, archives, libraries, museums and now online repositories, language laboratories, and bibliographic, writing and editing tools and software – have also in some manner influenced the nature or scope of questions that could be asked of an object or text. It is therefore useful to explore the influence of infrastructure at a very conceptual level, in terms of what new ways of enquiry have been made possible with digital technologies and the internet. Now with new tools that can parse many pages of text at a go, or an algorithm that can derive patterns from a data set of images, video or other cultural artifacts, the scope of the enquiry seems to have increased exponentially, as much literature around DH suggests (Berry 2011). Indeed this point is also a bone of contention for many traditional humanities scholars, as it not only seems to be a technologically deterministic notion, but also one that takes away from more conventional methods of humanities research, which are based on close reading and interpretation of texts. In the Indian context however, these possibilities still seem distant owing to several gaps in terms of requirements of infrastructure, resources and material. In many institutions, the lack of basic infrastructure and resources in the form of libraries, classroom teaching-learning resources and access to the internet and other digital tools for the humanities continues to remain a problem. Existing institutional infrastructure is lesser that what is required, and mostly outdated.

This conflict over whether new tools and resources for the humanities is taking away or adding to humanities research is better understood in the light of how the concept of infrastructure has been understood, and specifically in the context of communication and research. Brian Larkin (2008) describes infrastructures as “institutionalized networks that facilitate the flow of goods in a wider cultural as well as physical sense”. He talks about both technical (such as transport, telecommunications, urban planning, energy and water) and ‘soft’ infrastructure such as the knowledge of a language, or cultural style and religious learnings. He therefore defines infrastructure as “this totality of both technical and cultural systems that create institutionalized structures whereby goods of all sorts circulate, connecting and binding people into collectivities.” This definition opens out the understanding of the term a little more, for it brings within the ambit different kinds of goods – such as knowledge, and proposes that infrastructure has the power to bind people within collectivities, thus emphasizing both its limitations as well as potentialities.

The notion of infrastructure as not being neutral to culture is further emphasized when Larkin talks about its mediating capacities, brought about by a layering of new technologies over old ones. "Infrastructures…mediate and shape the nature of economic and cultural flows and the fabric of urban life. One powerful articulation of this mediation is the monumental presence of infrastructures themselves" (Ibid.: 6). Thus the understanding of infrastructures as merely a means of the execution of ideas is one of the obstacles in terms of imagining them as more central to the work of the humanities. Often, the notion of infrastructure has been understood in terms of the institutional infrastructure in place, and not in terms of the smaller networks, tools or resources that build it, which are often located at the level of individuals. Ownership is a key aspect of the problem here, because the ownership of such infrastructure is largely with the state or large corporate entities, and not something within the ambit of small and private institutions or even individuals, and this often mandates the manner of their use. Indeed in the case of DH, there are certain kinds of technologies and resources that cannot be replicated easily at all, as such it is something that needs investment from the state and large knowledge institutions such as the university. Another problem, as rightly identified by Svensson is that the imagination of research infrastructures has been primarily in terms of the needs of the natural sciences, as a result of which resources, tools and materials for the humanities often end up being inadequate, in terms of financial and intellectual investment. Thus not only is there a challenge in terms of the availability of infrastructure, but also with respect to the optimum utilization of what is available.

Some of the practitioners and scholars interviewed as part of this mapping have also repeatedly brought up a number of concerns about (or the lack of) infrastructure they have had to use, modify and develop as part of their projects and research. Dr. Indira Chowdhury, historian and Founder-Director of the Centre for Public History (CPH) at the Srishti School of Art, Design and Technology, Bangalore finds it rather ironic that a city like Bangalore, with so much infrastructure at its disposal has such little thinking in the humanities. There are of course several reasons for this, she says, and in many places infrastructure development is restricted for certain reasons, like for example in Kashmir, where the use of internet and mobile phones is regulated strictly due to security concerns. The key question of course is to have more of a dialogue between places to ensure that they are not functioning in isolation. She also emphasizes that the problems are also at a more basic level, like with transcription for example [1]. The advent of the digital has brought with it several new possibilities, but she also talks about the many misconceptions that seem to be prevalent with regard to the digital, particularly in terms of preservation and storage capacity. The question of format is of great importance and a determining factor in much of research that mobilizes digital technologies. As part of her work on archiving oral histories, she has often had to emphasize that there are specific formats for a digital oral archive. As she says:

You should not switch to say MP3 just because it’s cheaper, more convenient and a lighter file. I often have people arguing that I just bought a recorder, it gives me a clear recording [in the MP3 format] etc. If you were to archive that file you would find that within a few years you begin to lose data on that file. The digital archive has also made people think a lot more about what they are preserving, in what format. These are things you then teach yourself, you do not archive in certain formats, or rely on an archive of MP3 files, because every time you copy them onto something it would have lost a little bit of its description. So these are things that make the historian more oriented, you think a lot more about what you are doing.

She therefore warns against these presumptions that a digital archive will resolve completely problems of space and preservation, as a change in format can easily render your data inaccessible and essentially useless. The idea of ‘loss of data’ and lack of space is something easily missed, as there a notion of the digital being an endless space, but that too comes at a cost. As Jonathan Sterne (2013) explains in his work on the MP3 as a cultural artifactiv, it is a format that works through compression and elimination of excess sound, which eventually greatly affects the quality of the sound object itself. The notion of the digital rendering a certain quality of sound, and by implication generating a ‘better’ digital artifact itself, is therefore highly debatable.

There are other considerations to bear in mind as well. As Padmini Ray Murray, another faculty member at the CPH points out, the context of such work in the global south is very different, and lack of good infrastructure is definitely one of the major problems. There are issues of bandwidth, problems such as surveillance, and issues with regulation of internet access, now the issue of network neutrality and so on, all of which have implications for possible digital humanities work and specifically work on digital archives. A significant challenge she sees is that we don't have mechanisms to translate between/ from Indian languages. She says that:

It would be amazing to have an archive metadata tool that can work with different Indian languages which at the moment is an impossibility. This is where a place like Bangalore comes into the picture... We need to pull on resources that are being pioneered in places like the IITs, or institutions here working with natural language processing...technologies that we cannot in a humanities context create, but pull those in to use them for humanities research. But the questions that we are asking are necessarily quite different, from what we have in the West.

The problem with Indian languages brings out the problems that are specific to the global south and therefore the infrastructure needs of humanities research work. Padmini Murray mentions Bichitra, the online variorum of the works of Rabindranath Tagore developed by the School of Cultural Texts and Records at Jadavpur University as an effective illustration of the challenges faced by researchers working in languages other than English. She explains “The very level of creating the code for Bichitra was different, because it had to be done from scratch. Finding a set of reliable Bangla characters is difficult because the ligatures get mixed up, so they created a character set from scratch to create Bichitra, and for Prabhed [the collation software] which works within it.” The problem of a lack of standardization for Indic language inputs is therefore an immediate practical concern for archival work in different languages in India [2].

Indiancine.ma [3], an online archive of Indian film, has similarly been experimenting with different ways of reading and annotating film text, with a focus right now on films that are out of copyright. It uses an open-source platform named Pandor/a [4] for media archives, which helps to organise and manage large, decentralized collections of video, to collaboratively create metadata and time-based annotations, and to archive as a desktop-class web application. The editing tool enables a user to pause, cut and annotate a particular scene or sequence in the film according to a time code, thus creating enormous new possibilities in terms of how we engage with the film text at several levels. The different ways of organising content through different filters also helps map content in unique ways and read them. According to Jan Gerber and Sebastian Lutgert, who are part of the team that developed the archive and its predecessor Pad.ma [5], Indiancine.ma is a work in progress, and it will always be, so as to allow new opportunities to present themselves with every change in the software and tools being used. They are particular about the archive being open to a variety of users and uses – that is, it is not only a tool or space of publication for humanities researchers, but is also a software project, a resource for a film fan club, and many other things as it is open to interpretation. It is meant for people to build together and have conversations across domains and disciplines. In their work with people from both the humanities and sciences, they do see a void or gap between domains, and reiterate that it is very difficult for people to have a conversation across their disciplinary moorings. Infrastructure development has also become divided across these lines, and suffers from a kind of tunnel vision which often prevents it from being developed in response to the needs of the communities it is meant to address. As Sebastian recollects the experience of creating Pad.ma, a similar online video archive using the same platform, Pandor/a, he speaks of collaborating with people from a non-technology background, at the artists collective CAMP in Mumbai [6], and how the lack of a hierarchy between technologists and non-technologists only contributed to making these projects better. A lot of the early software projects in India suffered due to this distance between people from technology and non-technology backgrounds, and the lack of a common language for them to communicate. Both Sebastian and Jan themselves come with training and experience in diverse areas, ranging from philosophy and visual arts to software development, and believe that their contribution to this archive is more conceptual than technological. They also see the Free and Open Source Software (FOSS) culture, then a rather incipient movement in India when they had just begun work on these projects, as one that can foster more conversations and collaborative work in technology and research in India. When they had started out of course, it was very difficult to convince people to use free and open source software, or even get filmmakers to release their footage for an open access platform like Pad.ma. CAMP was one of the few spaces then that had this open source culture, and it encouraged people to collaborate extensively, across areas of expertise. As Sebastian says “You deal with a relatively complex informatics system, but you are fully aware that you can modify and change things, and deal with them in a transparent way, which is great.” Both claim that nobody owns Pad.ma or Indiancine.ma, but everybody looks after it in a way, because they all use it differently depending on their interests, and this nurtures and builds the platform in different ways. The availability of this somewhat outside/alternate space for collaboration, and working within the open source context has been instrumental in the growth of these two online open access archives.

The computational aspects of Pad.ma and Indiancine.ma, and even Bichitra to some extent is may be something to look forward to for researchers interested in exploring the possibilities of such research with these platforms. Given that both are essentially large corpora of material, introducing new algorithmic tools to work with them is not a distant possibility, something that has also been the core of a lot of DH work in the Anglo-American context. Jan and Sebastian have tried this already with one of their earlier projects, 0xdb [7], which is another online archive of cinema, by running a color recognition algorithm on it. There is an instance of face detection and speech recognition software that could be run on this platform, with interesting results. The existing filters on Indiacine.ma also make it possible to search for images or sequences based on colour and object recognition. For instance, an interesting experiment is to search for ‘telephone’ in the archive, which pulls up images containing telephones from across the entire corpus, outlining an interesting trajectory of the use of the instrument. While helpful in terms of querying and searching over a large corpus, they also emphasize the need to be able to make sense of it in a meaningful way. As Jan says “Most of this software is developed really as a means of control, in the area of surveillance etc., and not for exploring; it is more of a content identifying tool rather than to discover things. Clustering or referencing credits are other possibilities, but its more statistical analysis of the footage; are they really adding anything qualitative to cinema studies is still an open question”. Given this disjuncture in what these tools are developed for and how they are finally used, a point of concern is whether the research questions are also driven by the possibilities and limitations of the software itself. While that remains a broader question, Sebastian feels that more than a software, this is a new digital eco-system itself, and using these platforms in different ways, in fact even beyond what they were imagined for, will drive the technology in new directions. The limitation of computational tools as he sees now is really the speed, and given the expenses involved, they may not be feasible to implement and expect results anytime soon.

Both the above platforms demonstrate a certain ability to read texts both closely, as well as from a distance through the use of algorithmic tools, thus demonstrating the possibilities of analysis afforded by the infrastructure it has been built with. More importantly, they also highlight the limits of such tools and resources due to several challenges posed by the material itself. In the case of Bichitra, the problems of developing a code for Bengali characters has put forth a number of technological challenges; a pointer towards one among many problems for archiving materials in Indian languages. Indiancine.ma and Pad.ma are more symptomatic of the context in which new technologies can develop today given the support and space for collaboration and conversations across domains of expertise. The problems of format and technological obsolescence brought up by scholars at CPH is an important one; while colluding with proprietary software is inevitable in some cases, as suggested by the practitioners and researchers behind these platforms, keeping back-ups of material and being able to migrate out of a digital platform at any given point is also extremely essential. Such flexibility of material, and immense interoperability – across domains, formats and social-cultural contexts including language is something that researchers in DH, or for that matter in any field that actively engages with the internet and digital technologies would look for in the infrastructure that they build for research, scholarship and pedagogy. Infrastructure continues to remain a critical aspect knowledge production and dissemination, and it is imperative now more than ever, that it is addressed at the conceptual level of any research intervention involving digital technologies and knowledge production.

Notes

[1] See section on Archives for a more detailed discussion on this issue: http://cis-india.org/raw/living-in-the-archival-moment.

[2] See the section on Reading from a Distance – Data as Text for more on this: http://cis-india.org/raw/reading-from-a-distance-data-as-text.

[3] See: http://indiancine.ma/

[4] See: https://pan.do/ra

[5] See: http://pad.ma/

[6] See: http://studio.camp/

[7] See: https://0xdb.org/

References

Berry, D.M. "The Computational Turn", Culture Machine. Vol 12, 2011. http://www.culturemachine.net/index.php/cm/article/viewArticle/440.

Drucker, Johanna, "Humanistic Theory and Digital Scholarship" In Debates in the Digital Humanities. Minneapolis: University of Minnesota Press, 2012, http://dhdebates.gc.cuny.edu/debates/text/34.

Gold, Matthew K. and Jim Groom. "Looking for Whitman: A Grand, Aggregated Experiment". In Debates in the Digital Humanities. Minneapolis: University of Minnesota Press, 2012, http://dhdebates.gc.cuny.edu/debates/text/5.

Larkin, Brian. "Introduction". In Signal and Noise: Media, Infrastructure and Urban Culture in Nigeria. London: Duke University Press, 2008

Sterne, Jonathan, 'The MP3 as Cultural Artifact,' New Media and Society. Vol. 18(5):825–842, 2006

Svensson, Partrik, "From Optical Fibre to Conceptual Cyberinfrastructure" In' Digital Humanities Quarterly, Vol.5, No.1, 2011. http://www.digitalhumanities.org/dhq/vol/5/1/000090/000090.html.

For more details visit https://cis-india.org/raw/the-infrastructure-turn-in-the-humanities

TTT 2015

hasan — 2015-12-15T07:36:25Z

The Centre for Internet & Society's Access to Knowledge team (CIS-A2K) conducted a four day training workshop for Wikimedians all over India in order to facilitate conducting and organising outreach activities for promotion of Wikimedia activities within Indian language communities. Wikimedians from 21 language communities had participated in this training workshop including Wikipedians working for Nepali and Maithili Wikipedia.

CIS-A2K was successful in providing an idea exchange platform during the TTT workshop. Wikipedians from all over India got a chance to discuss their respective Wikimedia projects and identify best practices that could be customised for their own Wikimedia projects.

CIS-A2K conducted TTT 2015 with a clear objecive of training Indian Wikimedians in conducting effective outreach activites, As a reflective exercise on the efficacy of our TTT camp held in Bangalore during February, 2015 we are now conducting follow-up with the participants and I have contacted three Wikipedians (for the month of November 2015) and following are the updates:

Sailesh Patnaik (Odia Wikimedian):

Activities till now:

Attended Google I/O Bhubaneswar to deliver a talk about Wikipedia movement.
Has organized a workshop at KIST Bhubaneswar with 50+ participants.
Was invited by GDG Bhubaneswar group to deliver a talk about Wikipedia project during Google Dev Fest.
Presented a seminar at CET Bhubaneswar after the invitation from the organizing committee of the Perception (The Annual tech fest of CET , Bhubaneswar).

Upcoming Activities

Planning to organize a Wiki Takes Bhubaneswar photowalk and am also planning a GLAM project with a Cooperative society powered by Central Government and spread Open Source movement in Odisha.

V.T. Narayanan and Sayant Mahato (Samskritam Wikipedians):

Activities till now:

In May 2015, Samskrita Bharati organized a camp in Kalladka.
In July 2015 : Rashtriya Sanskrit Samsthan, Sringeri (Now Sringa Giri) organized a symposium for their staff and students.
In August 2015, Rashtriya Sanskrit Vidya Peeta, Tirupathi organized introductory classes on Wikipedia. Sayant Mahato attended the programme and expained in detail about Sanskrit Wikipedia.
Later in August 2015, at Aksharam, Bangalore, Samskrita Bharati conducted a " Medha Shibiram" exclusively oriented to youngsters and students who are based outside India like in USA. The Shibiram was well received both by the students and their parents. The participants were very interested to know about Sanskrit Wikipedia.
Samskrita Bharati is engaged in the work of editing the existing articles in Wikipedia.

For more details visit https://cis-india.org/a2k/blogs/ttt-2015

Touch Point Report: Department of Tourism Studies, Christ University and St. Aloysius College, Managalore

hasan — 2015-12-15T07:37:14Z

CIS-A2K conducts Wikipedia in Education programme at St. Aloysius colege, Mangalore. This partnership is unique as it provides to us a pool of editors for three Wikimedia projects, i.e: Kannada, Tulu and Konkani.

Touch point Report:

St. Aloysius

With editors from St. Aloysius college taking lead in organising 13^th anniversary of Kannada Wikipedia anniversary, Kannada Wikipedia is growing in Mangalore and can be expected to produce content and engagement regularly similar to Bangalore and Mysore volunteers.

Activites

Translation of system messages for Tulu Wikipedia
Creating Tulu WP tutorial videos
Guiding St Aloysius College Student interns
Planning of 13^th anniversary of Kannada Wikipedia anniversary

Reporting on the learning: PEG application created after extensive discussion with the student volunteers and Mr. Vishwanth Badikana who is primary coordinator of the event.

New developments: A possible partnership with Karnataka Tulu Academy is being explored, this could lead to content donation.

Failures: Non-availabilty of scanners hampered our chances of securing some important primary resources that would have been useful for content generation.

Primary Contact: Mr. Vishwanath Badikana,

Christ University

Introduction: A2K team is implementing its largest Wikipedia in Education programme at Christ University. This programme has been under operation since 2013 and has seen multiple revisions regarding: faculty engagement, evaluation process, student contributions and A2K team's responsibilties.

Activites: Edit-a-thon on Wikivoyage organised at Department of Tourism Studies, Christ University, Bangalore

Reporting on the learning: 1) As the edit-a-thon was happening on English Wikivoyage and A2K team had not intimated about the event to the larger community, there were instances of accounts being blocked and ip address being blocked as well.

A2K conducted Wikivoyage edit-a-thon and was surprised to see that many tourist places in India do not find mention on this Wikimedia project.

New developments: Interest shown by the faculty of Department of Tourism Studies, Christ University to host the student assignments on Wikimedia projects.

Failures: A2K was unable to help students to upload images onto commons.wikimedia.org during the session. A follow up session is being planned.

Primary Contact: Ms. Mugdha Kulkarni, mugdha.shailendra@christuniversity.in

For more details visit https://cis-india.org/a2k/blogs/department-of-tourism-studies-christ-university-st-aloysius-college

Analysis of Institutional Partnerships: University of Mysore and Guru G Learning Labs

hasan — 2015-12-15T07:39:15Z

University of Mysore considered to be one of the most prestigious institutions in the country has been famous for its innovative pedagogic techniques and opening up for students various avenues of knowledge acquisition.

The Kannada Encyclopedia project that was taken up by the Kuvempu Kannada Adhyana Samsthe, (KIKS), Manasagangothri, Mysore was one of its kind during its inception. It is safe to say that though Kannda has seen many other projects and attempts towards compiling encyclopedias, to this day the Vishwakoshas produced by University of Mysore are among the top picks regarding quality of the content, scope of the information and its reach with the general public. Many other encyclopedia projects such as “Bala Vignana Kosha” compiled by Shivaram Karanth, “Jnana Gangothri” by Niranjana, the “Kananda Sahitya Vishwakosha” from the Kannada University, Hampi have provided encyclopedic content to the Kannada readers.

The idea of the University of Mysore complied Vishwakoshas was simple. It seeked to provide basic and elemenatry information about key topics all around the universe (physical, spiritual, material, cultural, social, behavioural, political and many other domains of knowledge) to the general public. The intention was to make information accessible and easily understandable. It was not expected to educate or assist people in gaining profieciency regarding a certain topic but was expected to provide salient features, brief history and concise introduction.

Rationale for Institutional partnership:

The compilation of topics that were to be part of the Vishwakosha was done alphabetically and till date 13 Vishwakoshas have been produced along with one Kannada Vishaya Vishwakosha which exclusively deals with matters pertaining to Kannada land, language, literature, politics, culture, entertainment and other aspects of Kannada life. The Vishwakosha project was a method to democratise the process of production of knowledge. People from all walks of life were invited to contribute to the Vishwakosha along with the academicians and researchers. The submissions were then scrutinised by the review committee and was edited, information added as per the requirements. As this was not a text only Vishwakosha many attempts were made to source images as well. These were not used as ornamental or page filling purpose but was also informative in its own way with adequate meta data.

These encyclopedias have been extremely popular with the Kannada audience both for the content and for its competitive pricing. Prasaranga, the publication division of University of Mysore had also offered an discount for people who would purchase the entire set of Vishwakoshas at a special rate. The Vishwakosha project faced many problems and the last volume of the Vishwakosha was released in the year , while the first volume was released in . University of Mysore has also digitised the Vishwakoshas and made it avaialable for general public on a CD.

Plan of Action:

Access to Knowledge team sought to bring these treasure troves of Knowledge onto the digital platform and update the information available on these Vishwakoshas. It was a shot in the arm for the activities being conducted by CIS-A2K when University of Mysore agreed to re-release all of its encyclopedias under free licence for the benefit of larger Kannada community. University of Mysore also agreed to handover soft copies of the few encyclopedias (that were already digitised) to create and redirect content towards Kannada Wikipedia.

A2K team has conducted three skill building and Wikipedia orientation workshops with the students of University of Mysore in order to kick start the content generation activities. These workshops were received very positively by the students. However due to lack of an active community and serious infrastructural issues the students could not continue with the activities that had been planned. Due to the inactivity of these new volunteers we have witnessed a decrease in the activity of content generation effort as aimed earlier.

CIS-A2K facilitated extracting the legacy text from the soft-copies, converting them to Unicode, distributing the files among volunteers and Christ University interns and uploading them to Kannada Wikisource. These articles will serve as primary material for new content generation on Kannada Wikipedia. CIS-A2K celeberated Open Knowledge Day in collaboration with University of Mysore.

The non availability of infrastructual requirement, administrative difficulties such as scheduling of academic calendar offered the A2K team many invaluable lessons towards fostering an institutional partnership. A2K team adopted corrective measures and has been using the encyclopedias donated by University of Mysore as a primary reference for the subsequent edit-a-thons. A2K has also created a project page on Meta to attract Kannada Wikimedians towards content generation.

Outcome and Output:

A2K team utilised its institutional partnership with Christ University in the initial stages and digitised volumes of Kannada Encyclopedias. These were used both as references for the edit-a-thons conducted by CIS-A2K and as a primary reference material that was curated into an independent article on Kannada Wikipedia. Many Kannada Wikimedians have joined hands with A2K in acheiving this. This is an on-going activity.

Plans for Future:

As University of Mysore has rich archival collection particulalry in Indian Languages, A2K team intends to talk to individual departments to bring this content to Open Knowledge repositiries.

A2K team would like to involve various Departments to dedicate some staff on an hourly basis towards speedy completion of the project.

The existing MoU is understood as a one time activity of content donation (print and e copy of Vishwakosha) where as A2K would like to continue this activity as a long term engagement that will facilitate in building research skills and writing skills.

A2K team intends to request to University of Mysore should select/suggest some student volunteers for the digitisation project. With the inclusion of Kannada PA A2K team would collaborate with key Departments at the University of Mysore to conduct digitisation and translation sprints that will be facilitated by and other Wikimedians.

A2K team would like to collate all the new articles created with the help of the content donated by University of Mysore and circulate it as a newsletter on a monthly basis and sent to the Kannada community and University of Mysore.

For more details visit https://cis-india.org/a2k/blogs/analysis-of-institutional-partnerships-university-of-mysore-and-guru-g-learning-lab

Community Prioritisation of Content Donation: Kannada Wikisource

hasan — 2015-12-15T07:42:09Z

CIS-A2K has initiated a community consultation in order to prioritise and streamline the work on Wikisource projects across FLA. Due to the commitment of volunteers from the respective FLA and the institutional partnerships that A2K has developed we have been able to bring a large corpus of content under free licence into our Wikisource projects. CIS-A2K promotes both content donation and content acquisition strategies in order to bring in free licence content.

The re-releasing of the content under CC-BY-SA is a difficult task no doubt, but the even more difficult task is to get the donated content digitised and made available on Wikisource. As this activity involves three intermediary steps of scanning the original document, uploading the same on commons.wikimedia.org and finally recreate the same page on Wikisource by typing.

It is common knowledge that Indian Language Wikimedia communities consist of very few volunteers and in many communities it is Wikipedia that is the chief attraction for volunteers. This compounds the problem towards work that has to be done on Wikisource. To overcome this problem CIS-A2K has initiated a community consultation and prioritisation effort. CIS-A2K consults community in form of posts on Village pump, mailing lists and other channels of communication and update them about the overall content donated towards Wikisource projects and requests for suggestions and feedback as to the plan to digitse and bringing the content on Wikisource.

For the month of November, 2015 CIS-A2K discussed the plan with the Kannada community Wikimedians and proposed a plan of aggregating all the content that has been donated towards Kannada Wikisource and copyright lapse content that has been identified by Wikimedians. A2K team is currently utilising its institutional partnership with Christ University in digitising the content of Sri. Niranjana a prominent Kannada author that was donated by Prof. Tejaswini Niranjana. As a result of this collaboration with the community A2K team shall be posting a comprehensive list of the content donated to Kannada Wikisource along with copyright lapse books that are available digitally on Digital Library of India and Osmania University Digital Library and other such platforms.

This consultation process with the Kannada Wikimedia community also seeded an idea of creating a 'Book Bank' for Kannada Wikimedians. The objective of the book bank is to provide authentic references, citation material and other primary sources of information for content generation. As a first step towards building of the proposed book bank, we have purchased encyclopaedic material on Stone Inscriptions found in Karnataka, Women writers of Karnataka, Literary history of Karnataka and Kannada Dictionaries. The material acquired under 'Book Bank' will serve as resources for community and will be provided to the community members upon request for the same.

Following lists provide information about the current status of projects undertaken on Kannada Wikipedia:

Projects which are active on Wikisource:

Vimochane - 50 pages to be typed out of 355
Abhaya - 63 to be typed of 326 pages
Doorada Nakshatra - 23 typed out of 175
Rangammana Vathara - 23 to be typed of 209 pages
Ekangini - 41 typed of 228 pages
Kalyanaswami - 100 typed of 251

These books are scanned and uploaded on Kannada Wikisource

Books to be uploaded on Wikisource:

Chirasmarane
Mrutyunjaya
Deekshe
Navodaya
Palike banda panchamruta
Swami Aparampara

Books available to be scanned:

Banashankari
Nandagokula

CIS-A2K has visited the following libraries in order to optimise the efforts put into Kannada Wikisource:

1) Central Library, Cubbon Park, Bangalore

2) Kannada Shaitya Parishat, Chamarajpet, Bangalore

3) B.M. Shri Pratishtana Library, Bangalore

4) Gokhale Institute of Public Affairs, Basavanagudi, Bangalore

The visits have resulted in identifying many books that were hitherto unavailable with A2K team. We are in process of getting these books and digitise them so that they can be uploaded on Kannada Wiisource. A2K team is hopeful that the increased levels of activity and consultation held with the community will help the overall progress of Kannada Wikisource project.

For more details visit https://cis-india.org/a2k/blogs/community-prioritisation-content-donation-kannada-wikisource

Guru-G Learning Labs and CIS A2K Institutional Partnership

hasan — 2015-12-15T07:52:06Z

Incorporated in 2013, Guru-G is the world’s first gamified platform for teaching and teacher training.

Guru-G converts existing textbooks and teacher resources into adaptive teaching packs (or guided lesson plans), which provide in-class guidance to teachers on different ways in which they can teach a topic. The guidance adapts to the teacher’s past behavior, student moods & the practices that have resulted in best learning outcomes for their students. These packs save preparation time & effort for a teacher before class plus make teaching fun and interesting during and after class. Teachers can also track their progress and train at their own pace if interested.

Rationale for Institutional partnership:
A2K aimed at developing additional resources that would supplement the learning curve of students at High school and undergraduate levels. The partnership also aimed to build digital research skills into the students so as to equip them for the new modes of knowledge aggregators.

Both Guru-G labs and CIS work at the intersection of technology, education and social empowerment, it was planned that due to the mutual interests, the partnership will be able to identify a large group of Wikipedia users in Kannada and it was hoped that of these new generation readers some of the students would be trained as Wikipedians. Contribution towards Wikisource was also discussed in the MoU.

Plan of Action:
Due to the internal team movement and shortage of manpower from at CIS, we were unable to work closely with the Guru-G Lab. However, we have recently restarted our conversations with them.

Plans for Future:
As Guru-G Learning Labs provide platforms to collaboratively discuss ideas, A2K team, would like to use this partnership in designing our training activities.

Nature of collboaration and rolling out of resources for better implementation of Wikipedia in Education programme run by CIS-A2K. CIS-A2K will work with educational institutions, developmental organisations and teachers who have already been identified by Guru-G labs and provide to them resources such as Offline Wikipedia.

Training programmes may be designed and customised for Wikipedia in Education programme run by CIS-A2K across different colleges. Creating platforms and activities for A2K's community capacity building activities such as TTT and MWTTT.

For more details visit https://cis-india.org/a2k/blogs/guru-g-learning-labs-and-cis-a2k-institutional-partnership

Open access in the Marathi language expands by a thousand books

Subhashish Panigrahi and Abhinav Garule — 2016-01-03T11:26:49Z

As the Maharashtra Granthottejak Sanstha (MGS) celebrated its 121st anniversary recently, the organization re-licensed 1000 books under the CC BY-SA 4.0 license so that the books could be digitized and be made available on the Marathi Wikisource for millions of Marathi readers.

This was published in Wikimedia Blog on December 3, 2015.

As the Maharashtra Granthottejak Sanstha (MGS) celebrated its 121st anniversary recently, the organization re-licensed 1000 books under the CC BY-SA 4.0 license so that the books could be digitized and be made available on the Marathi Wikisource for millions of Marathi readers.^[1]

MGS is a non-profit organization working for the preservation of Maharashtra’s linguistic and cultural heritage. It was founded in Pune, India in 1894. Being an important archive for the preservation of many hundreds of years old manuscripts and historical artifacts from the Peshwa era, the institution is open to public for study and research.

During the four-day anniversary celebration, the Centre for Internet Society’s Access to Knowledge program (CIS-A2K)—an organization that supports the Wikimedia movement in India—opened a Wikipedia stall there where Marathi Wikimedians were present. Around 600 people visited the stall and learned about the news of MGS’s book donation.

Many active and new Marathi Wikimedians were present at the exhibition stall along with Abhinav Garule from the CIS-A2K program to share the incredible work Marathi Wikipedia and Wikimedia community at large are doing. Autographs of eighteen notable writers who received awards from Sanstha for different genres of writings were collected for uploading to the Wikipedia pages about them. While meeting the authors, Wikimedians also approached them to relicense some of their works under Creative Commons licenses so that they could be digitized on Wikisource and/or enrich Wikipedia—and some of the authors expressed a good deal of interest in opening up their books for Wikisource.

Some of the major books donated are Peshwa Rojnishi (diary of Peshwa), Benjamin Franklin Charitra (The Autobiography of Benjamin Franklin), Kekavali, S M Paranjape Charitra (autobiography), Letters Exchanged between the Sanstha and the British Government, Shinde Gharanyacha Padmamay Itihas (manuscript), and Marathwadyatil Arvachin Marathi Vangmay (modern Marathi literature from Marathwada, a region in Maharashtra) are some of the popular books read by Marathi speakers that are going to be part of the books donated by the organization.

We reached out to Avinash Chaphekar, the joint secretary of the organization, to know more about the state of book publication and readership.

Subhashish Panigrahi (SP): Could you share your ideas of opening these invaluable books for Wikisource? How they are going to be useful for the online readers to learn about the Peshwas?

Avinash Chaphekar (AC): These books are of historical importance and contain information that needs to reach more people; they cover topics that are rarely covered well anywhere else. Right after India’s Prime Minister Narendra Modi recommended the autobiography of Benjamin Franklin, as it contains a lot of messages for a common person, a lady walked up to and asked if she could read it in Marathi. Be it such autobiographies or a poetry book like “Kekavali”, such books that were published by the MGS should not be kept closed—many readers are searching for them. We donated 800 of these old books to the Marathi Wikisource because we don’t have large presence in the media or the Internet, so how would any reader who does not know us buy a book? If these books are available online, they can at least find and read them.

SP: Where do you think there is gap between publishers and readers today? Many Marathi books get published every year and if you search on the Internet, which many people today do, you would hardly find much.

AC: Online readership is increasing every day, but when you look at Marathi readers, the majority of them are still buying books. During the exhibitions here (even this year!), there is always quite a rush to buy books. Only the youth and tech-savvy people read online. But most people we meet say that they feel more comfortable holding and reading physical books. Moreover, there is no concrete research validating that most of the youngsters here are accessing information only online. I still feel reading books in a conventional way by holding books in your hands will continue to exist as there is some kind of satisfaction that lies in it.

SP: Did you know that we are going to get these books retyped, meaning that readers will not just be able to read them in their smartphones or computers but they could use the text for republishing the same books in the future? How do you think such a model will be useful for publishers?

AC: At the MGS, we don’t have funds to republish these books, and publishers are not ready to do it no matter how historically valuable the books are—even an incredibly valuable reference book called Marathi Grantha Nirmiti Watchal (the history of creation of Marathi books in Marathi), authored by SG Tulpule and published by us in 1973. This book has detailed information about Marathi publications, even those that existed before printing technology existed. As many such books are not being reprinted, we cannot leave the remaining few copies to perish. Let them go online and reach millions of people.

For more details visit https://cis-india.org/a2k/blogs/wikimedia-blog-subhashish-panigrahi-december-3-open-access-in-marathi-language-expands-by-thousand-books