Centre for Internet and Society

Open Debate

pranesh — 2011-04-02T14:34:00Z

Deepa Kurup's article in Frontline on the battle over open standards in e-governance.

Original report in Frontline.

Open Debate

With substantial public funding committed to e-governance projects, the issue of technological standards generates much heat.

by Deepa Kurup
(from Volume 26, Issue 23, dated November 07-20, 2009)

THE information technology (IT) industry in India is bitterly divided over the issue of technological standards to be adopted in e-governance processes. This problem stems from the fact that large, state-funded e-governance projects in the pipeline present the recession-hit IT sector with substantial business opportunities.

With the guidelines for setting these standards being finalised by the Department of Information Technology (DIT) under the National Policy on Open Standards for E-Governance, the debate on the nature of the standards – critical to the effective delivery of public e-services – is hotting up. Intense lobbying is on by those in favour of proprietary standards and by the Free and Open Source Software (FOSS) movement, which is against it.

When the draft policy was tabled at the meeting of the apex committee of standards for e-governance in June, the National Association of Software and Service Companies (NASSCOM) and the Manufacturers’ Association for Information Technology (MAIT) pushed for two modifications to it: the replacement of open and free standards with royalty-based ones, and allowing multiple standards in the same technological domain.

The FOSS community and open source technology firms have opposed these demands strongly. Fosscomm, a FOSS community network, wrote to the DIT seeking the withdrawal of both clauses. Leading open source technology firms such as Sun Microsystems, IBM and Red Hat have pointed out that the NASSCOM-MAIT position is at divergence with theirs and, therefore, does not reflect a unified “industry” perspective.

The DIT, which made public the first draft of the policy in June 2008, has not placed subsequent drafts for public review. Fosscomm has protested against the “unparticipatory nature” of this policymaking process, which has considerable public-interest implications, not to mention an outlay of over Rs.5,000 crore for 27 national e-governance projects.

The FOSS community believes that for a standard to be truly open, its specifications must be unconditionally accessible and royalty-free in perpetuity. This includes associated patents and extensions. NASSCOM, on the other hand, has sought standards that are open but tied to royalties, on what in policy parlance is called RAND (reasonable and non-discriminatory) licensing terms.

However, RAND standards are inextricably linked to intellectual property right (IPR) regimes. The government may have to pay royalties to patent holders throughout the lifetime of the standards. Further, the FOSS community argues that “reasonable/non-discriminatory” is a loose term that can be interpreted to the advantage of the patent holder. And with licence confidentiality being what it is, violations will be hard to monitor, it feels.

Prabir Purkayastha of the Delhi Science Forum believes that the policy, if implemented in its current form, will create an “anomalous position” for the government. “That would imply that India still does not legally recognise software patents, yet is willing to accept patent protection in its standards.”

Standards diluted

The first draft of the policy unambiguously states that the open standard chosen must be royalty-free for its lifetime, but subsequent drafts allowed for RAND terms to be invoked in the absence of an existing open standard. This loophole, FOSS supporters fear, may allow powerful lobbies to hijack these standards in a non-transparent environment inside committee rooms.

If, as the proprietary camp wishes, open standards are redefined as RAND exclusively, a substantial portion of the taxpayers’ money will go towards royalties and software monopolies will be entrenched into this growing segment.

Leading Indian IT companies have supported proprietary software; this was evident from the debate on India’s vote at the International Standards Organisation (ISO) on the Open Document Format versus Microsoft’s OOXML controversy.

Open standards

“If we do not pay for using weights and measures in the physical world, why should we in the digital world?” asks Venkatesh Hariharan, corporate affairs director, Red Hat. “It’s a trap. Proprietary formats are controlled by monopolistic outfits that drive adoption of a technology, file a thicket of patents, and litigate if royalties aren’t paid.”

The Internet, built on several open standards, is the best example of how open standards form the basis of major technological innovations. It allows for a level playing field, particularly in developing economies. By framing a purely open standards policy, India can show the way for the developing world.

Developed countries (such as those of the European Union) are moving towards mandating open standards in government departments, processes and interactions. However, it is developing countries that stand to gain most from open standards. “Proprietary standards place a larger burden on developing economies than developed as they have a greater need to participate in the global network by using standards, but do have lesser capabilities than developed economies in terms of paying for royalties,” writes Pranesh Prakash, Centre for Internet and Society, in his letter to the DIT. The “industry view” is not in the interests of small- and medium-size enterprises.

An Indian case study of how open standards can cut costs, foster monopoly-free competition and provide interoperability is the Smart Card Operating System for Transport Applications (SCOSTA). A standard for smart card-based driving licences and vehicle registration projects handled by different State governments, SCOSTA was developed by the National Informatics Centre with help from the Indian Institute of Technology, Kanpur.

The number of vendors providing cards and card readers increased after an open standard was adopted and specifications were made freely available on a website.

While four foreign companies were marketing smart cards earlier, over a dozen Indian companies are doing the same now, according to a United Nations Development Programme report on e-government interoperability. More significantly, IPR rents dropped and the market price of a card came down from Rs.300 to Rs.30.

On the second issue – that of allowing multiple standards in a single technological domain – the policy allows adopting additional standards “in national interest”.

Multiple standards

Public data, like land records, lie at the core of every e-governance process; multiple standards create interoperability issues and increase the cost of conversion from one format to another. In fact, if a standard is truly open, and hence developed in a participative manner, it will automatically grow to incorporate any reasonable requirement of the community.

Although this tussle appears to be restricted to the e-governance space, much more is really at stake. In a developing economy such as India, open and royalty-free technological standards are critical because they enable domestic industries to grow and compete in a fair and monopoly-free market. And, by enabling access to technology, they foster an innovation-friendly environment.

For more details visit https://cis-india.org/news/open-debate

Right to Read Campaign - Kolkata

radha — 2013-02-04T06:47:59Z

The nationwide Right to Read campaign which began with its first road show at Loyola College, Chennai is now having its second road show at the West Bengal National University of Juridical Sciences, Kolkata. There will be half day events with publicity. Events shall comprise presentations, debates and demonstrations, book reading sessions and stalls where various accessibility tools will be demonstrated.

Problem Statement

Millions of Indians are unable to read printed material due to disabilities. There are technologies available which can help them read print if the material is converted into an alternate format such as large print, audio, Braille or any electronic format. While the Indian constitution guarantees the “right to read” as a fundamental right, the copyright regime does not permit the conversion of books into accessible formats for the benefit of persons with print impairment, as a result of which a “book famine” is created. International conventions that India is a party to specifically require India to amend its copyright laws for the benefit of persons with disabilities and to make available information and material to persons with disabilities on an equal basis as others. Publishers also do not make books available in accessible formats as a result of which less than 0.5% of books are available in accessible formats in India. As a result persons with print impairments get excluded from the education system and it impacts their career choices.
In addition to this, there are no national Policies or action plan to ensure that publications in accessible formats in all Indian languages are available to persons with print disabilities all over the country.

Objectives of the Right to Read Campaign

To accelerate change in copyright law
To raise public awareness on the issue
To gather Indian support for the Treaty for the Blind proposed by the World Blind Union at the World Intellectual Property Organisation (WIPO).

Your Support:

No campaign is complete without the endorsement of leaders in the field. We invite you to lend your name and support to this campaign in large numbers and help us make this campaign a success. If you wish to do so, please e-mail Nirmita Narasimhan: nirmita@cis-india.org.

Agenda

Declaration on the Right to Read

Cookie Jar - Glass Jar full of cookies. The jar is locked by chains and a lock. Caption below in large letters saying "Open the cookie jar for 70 million people". Right to Read logo. Wording below: The right to read campaign seeks to accelerate change in copyright law, raise public awareness on issues of access to reading for the print impaired. Support the campaign by turning up for the event at Kolkata. Venue, date and time given. To know more about the campaign and to join us in our endeavor visit our website. www.righttoread.in

Daffodils - Poem Daffodils by Wordsworth. Black strips across many of the lines of the poem as a result only some scattered words of the poem can be seen. Caption below in large letters saying "Not Quite Right? 70 million people agree". Right to Read logo. Wording below: The right to read campaign seeks to accelerate change in copyright law, raise public awareness on issues of access to reading for the print impaired. Support the campaign by turning up for the event at Kolkata. Venue, date and time given. To know more about the campaign and to join us in our endeavor visit our website. www.righttoread.in

Videos
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For more details visit https://cis-india.org/events/right-to-read-campaign-kolkata

Arguments Against the PUPFIP Bill

pranesh — 2011-09-12T11:03:09Z

The Protection and Utilisation of Public Funded Intellectual Property Bill (PUPFIP Bill) is a new legislation being considered by Parliament, which was introduced in the 2008 winter session of the Rajya Sabha. It is modelled on the American Bayh-Dole Act (University and Small Business Patent Procedures Act) of 1980. On this page, we explore some of the reasons that the bill is unnecessary, and how it will be harmful if passed.

Summary

How is the legislation unnecessary?

The Indian government does not have vast reserves of underutilized patents, as the U.S. did in 1980.
Technology transfer is very important, but pushing IPRs aggressively is not the best way of ensuring technology transfer.

How is the legislation harmful?

Excessive patenting lead to gridlocks and retards innovation.
The legislation makes mandatory that which is optional now, and is anyway being followed in many institutions.
Copyright, trademark, etc., seem to be covered under the definition of “public funded IP”.
It will result in a form of double taxation for research, and will increase the consumer cost of all products based on publicly-funded research.
It could have unintended consequences of varied kinds, including discouraging fundamental research as well as discouraging industrial research.
Non-disclosure requirements in the Bill restricts the dissemination of research within the academic community, and curtails freedom of speech.
Exclusive licensing enables restriction on the dissemination of academic research in the marketplace, and increase in cost of products based on public-funded research.

Arguments

How is the legislation unnecessary?

1) The Indian government does not have vast reserves of underutilized patents, as the U.S. did in 1980.

The idea behind the Bayh-Dole Act was that the research funded by the government (and owned, in the US, by the government) was being underutilized. In 1980, over 28,000 unlicensed patents lay with the U.S. government.[1] The Act shifted the title of such works from the government to the University or small business that conducted the research, thus allowing them to take out patents on the research outputs. In India, under present laws, the researcher(s) own the rights over their research whether they be government-funded or not. Usually, due to employment contracts, the research institutes already have the right to patent their inventions. Thus, currently, there is no need for an enabling legislation in this regard, as there was in the U.S.

In fact, currently, the Council of Scientific and Industrial Research (CSIR) has over 5173 patents (counting both those in force and those under dispute), while only 222 patents are licensed (with 68 of them being under dispute). Thus, even with the IP being in the institute's hands, there is a "problem" situation similar to that which necessitated Bayh-Dole in the U.S. Thus, quite contrary to the aims of the Act, further patenting will only lead to a situation of even more underutilized patents.

2) Technology transfer is very important, but pushing IPRs aggressively is not the best way of ensuring technology transfer.

At a recent seminar held at NUJS Kolkata on the PUPFIP Bill, it was revealed that while IIT-Kharagpur’s TTO-equivalent (called the Sponsored Research & Industrial Consultancy division - SRIC) currently handles over Rs.300 crores through 850 projects, only around Rs. 5-15 crores (exact figures weren't available) are currently made through its patent portfolio.[2] Thus patents don't seem, on the face of things, to be the best way of ensuring technology transfer. Indeed, the oft-cited 28,0000 unlicensed patents held by the U.S. government were composed primarily of patents for which industry had refused to take exclusive licences.[3]

Many contend that one of the most important functions of a patent is to get inventors to disclose their inventions rather than keep them as secrets. This reason for awarding a patent is invalidated if stronger protection is granted to trade secrets (no term limit, for instance) than for patents. Secondly, this reason for granting patents is not valid in case of government-funded research in academia and research institutes. The culture of publication and the economy of reputation are sufficient to ensure disclosure. Even without these intrinsic factors, there grant requirements can necessitate publication. If mere publication is believed to be insufficient, then the government would do well to ask for technology dissemination plans before grants are made. At any rate, monopoly rights in the form of patents are thoroughly unnecessary.

How is the legislation harmful?

1) Excessive patenting lead to gridlocks and retard innovation.

It sees protection of IPR as the sole means of encouraging innovation and driving research to the doorstep of consumers. The trend around the world is that of exploring alternative forms of spurring innovation. Even in India, CSIR has gone for an innovative "Open Source Drug Discovery" project, which has proven very successful so far. Furthermore, recent literature shows that excessive patenting is harming research and innovation by creating gridlocks.[4] If platform technologies and basic research (such as SNP) gets mired in patents, then the transaction costs increase (not only in terms of money, but more importantly in administrative terms). This ends up in research clearances getting blocked, and thus retards innovation. It must be remembered that intellectual property is not only an output, but also an input. The more aggressively the outputs are guarded and prevented from being shared, the more the inputs will be affected. The study of patent thickets and gridlocks has reached such a stage that the U.S. law has been changed to reflect this. Firstly, the Bayh-Dole Act was amended in 2000 to state that the objectives of the Bayh-Dole Act were to be carried out "without unduly encumbering future research and discovery". Now, the courts (in the Bilski case) have increased the standard of obviousness in patent law (which means that less patents will be granted). Furthermore, the U.S.P.T.O. and the U.S. Senate are currently considering means of overhauling the U.S. patent system, which many fear is close to breaking down due to over-patenting. All these are signs that the footsteps we are seeking to follow are themselves turning back.

2) The legislation makes mandatory that which is optional now, and is anyway being followed in many institutions.

While the CSIR labs pursue patents aggressively, they also run the OSSD project. The latter might not be permissible if the Act is passed as it stands. Furthermore, this would increase the number of underutilized patents, which is a problem faced currently by CSIR, which has had an aggressive patent policy since the 1990s. Unlicensed patents constitute around 93% of CSIR's total patent portfolio. (In contrast, MIT averages around 50% licensing of patents.) If aggressive patenting is made mandatory, it adds substantially to administrative costs of all institutes which receive any grants from the government. These institutes might not be large enough to merit a dedicated team of professionals to handle

3) Copyright, trademark, etc., seem to be covered under the definition of "public funded IP".

This leads to a ridiculous need to attempt to commercialise all government-funded research literature (and the government funds science research, social sciences, arts, etc.). Furthermore, while the definition of "public funded IP" includes copyrights, trademarks, etc., yet the substantive provisions seem to only include those forms of IP which have to be registered compulsorily (copyright and trademark don't -- copyright comes into existence when an original work is expressed in a medium, and trademark can come into existence by use). Importantly, seeking to commercialise all copyrighted works of research would hamper the movement for open access to scholarly literature. The inititative towards open access to scholarly literature is something that National Knowledge Commission has recommended, and is a move that would result in increased dissemination of public-funded research, which seems to be an aim of the PUPFIP Bill as well.

4) It will result in a form of double taxation for research, and will increase the consumer cost of all products based on publicly-funded research.

This bill would increase the consumer cost of all products based on publicly-funded research, because of the additional burden of patent royalties.

Public funds research -> Institute patents research -> Pharma MNC gets exclusive license over research -> Drug reaches market.

Assuming an exclusive licence: Cost of the drug = cost of manufacturing, storage, etc. + mark-up (monopolistic) cost + cost of licence.

Thus, in effect, the public has to pay twice for the research: it pays once to enable the scientist to conduct the research, and once again in the form of royalties to have that research brought to the marketplace.

5) It could have unintended consequences of varied kinds, including discouraging fundamental research as well as discouraging industrial research.

The former could happen since institutions and individual scientists have a financial incentive to shift their focus away from fundamental research; the latter, conversely, because the filings and bureaucracy involved could drive scientists away from reporting or even engaging in industrial research [pdf]. Faculty and researcher involvement in the business of licensing is a sub-optimal usage of their talents, and there are scientists who would rather stay away from business (as is shown by the intake of former industry-researchers into government-funded labs such as those of CSIR).

6) Non-disclosure requirements in the Bill restricts the dissemination of research within the academic community, and curtails freedom of speech.

This will bring about a shift in science and research which is always done upon others' work. This is why in the U.S., the National Institute of Health (N.I.H.) has sought to ensure (without any legal authority) that it only finances that research that on single nucleotide polymorphism (S.N.P.) which is not patented, and is shared freely amongst scholars. Since this requirement of the N.I.H.'s does not have any legal backing (since it is contradictory to the Bayh-Dole Act), institutions are free to get the grant from N.I.H. and then go ahead and patent their inventions.

7) Exclusive licensing enables restriction on the dissemination of academic research in the marketplace, and increase in cost of products based on public-funded research.

The bill allows for both assignment of licences as well as exclusive licences. Both of these enable monopolistic pricing to be undertaken by the licensee/assignee. There are not even any mechanisms in the Act to ensure, for instance, that a public call is made to ascertain that no parties are willing to consider a non-exclusive licence. Patents are generally said to grant a monopoly right because of the opportunity to recover costs of research and development. When the research is being done by public-funded money, there is no justification for monopoly rights on that research, since there are no excessive costs to recover.

Footnotes:

[1] See So et al. and Thursby and Thursby, quoted in the National Knowledge Commission's letter to the Prime Minister.

[2] See Prof. Vivekanandans' presentation "Patenting and Technology Transfer-the IIT Khargpur Experience"

[3] See Anthony So et al., Is Bayh-Dole Good for Developing Countries, 6 PLoS Biol e262 (2008)

[4] See Michael A. Heller & Rebecca S. Eisenberg, Can Patents Deter Innovation? The Anticommons in Biomedical Research, 280 Science 698 (1998)

Additional Resources

On the PUPFIP Bill

February 5, 2004: NIPER holds parallel session of Indian Science Congress (Express Pharma)
October 27, 2006: Susan Finston, India to Propose New Technology Transfer Legislation (Bayh-Dole 25)
January 16, 2007: National Knowledge Commision's Letter to Indian Prime Minister (National Knowledge Commission)
April 15, 2007: Archita Bhatta, Proposed IPR law raises concern (Down to Earth)
May 31, 2007: Science & Technology needs to be core of the economic development says Kapil Sibal (PIB Press Release)
November 13, 2007: Government Accords Approval to National Biotechnology Development Strategy (PIB Press Release)
February 1, 2008: Yudhijit Bhattacharjee, Indian Government Hopes Bill Will Stimulate Innovation (Science)
February 19, 2008: Shamnad Basheer, Exporting Bayh Dole to India: Whither Transparency? (Part 1) (Part 2) (SpicyIP)
March 17, 2008: Kalpana Pathak, Varsities may soon own patent rights (Business Standard)
March 17, 2008: P.T. Jyothi Datta, Public-funded research may pay dividends for scientists (Business Line)
March 17, 2008: Joff Wild, India considers Bayh-Dole style legislation (IAM Magazine)
April 30, 2008: M.K. Unnikrishnan and Pradeepti Nayak, Lessons from Bayh Dole Act and its relevance to India (PharmaBiz)
July 2008: Sean M. O'Connor, Historical Context of U.S. Bayh-Dole Act: Implications for Indian Government Funded Research Patent Policy (STEM Newsletter)
July 7, 2008: Shamnad Basheer, Mysterious Indian "Bayh Dole" Bill: SpicyIP Procures a Copy (SpicyIP)
July 09, 2008: Latha Jishnu, Does India need a Bayh-Dole Act? (Business Standard)
September 2008: V.C. Vivekanandan, Transplanting Bayh-Dole Act- Issues at Stake Authors (13 Journal of Intell. Prop. 480)
September 18, 2008: Shamnad Basheer, Indian Patent Bill: Let's not be too hasty (SciDev.net)
October 28, 2008: Anthony So et al., Is Bayh-Dole Good for Developing Countries, 6 PLoS Biol e262 (2008)
October 31, 2008: Cabinet gives approval for Protection and Utilization of Public Funded Intellectual Property Bill, 2008 (PIB Press Release)
November 2008: Annette Lin et al., The Bayh-Dole Act and Promoting the Transfer of Technology of Publicly Funded-Research (UAEM White Paper on the Proposed Indian Bayh-Dole Analogue)
November 1, 2008: Editorial: Not in Public Interest (Mint)
November 12, 2008: Ben Butkus, As India Mulls Bill Modeled on Bayh-Dole, Critics Claim It May Stifle Innovation (Biotech Transfer Weekly)
December 16, 2008: Pranesh Prakash, Indian "Bayh Dole" Bill before Parliament (Commons Law)
January 23, 2009: Editorial: Time to Rethink Intellectual Property Laws (SciDev.net)
March 12, 2009: Feroz Ali Khader, Does Patenting Research Change the Culture of Science? (The Hindu)
April 24, 2009: Sunil Abraham & Pranesh Prakash, Does India Need Its Own Bayh-Dole? (Indian Express)
September 21, 2009: C.H. Unnikrishnan, Proposed Patent Bill Is Flawed, Say Experts (Mint)
September 23, 2009: Editorial: An Idea That's A Patent Misfit (Mint)
October 2009: Bhaven N. Sampat, The Bayh-Dole Model in Developing Countries: Reflections on the Indian Bill on Publicly Funded Intellectual Property (UNCTAD - ICTSD Policy Brief No. 5)
January 2010: Amit Shovon Ray & Sabyasachi Saha, Patenting Public-Funded Research for Technology Transfer: A Conceptual-Empirical Synthesis of US Evidence and Lessons for India (ICRIER Working Paper No. 244)
January 2010: Mrinalini Kochupillai, The Protection and Utilization of Public Funded Intellectual Property Bill, 2008: A Critique in the Light of India's Innovation Environment, 15 J. Intell. Prop. Rights 19 (2010)
January 16, 2010: Amit Shovon Ray & Sabyasachi Saha, Intellectual Bottlenecks (Financial Express)
January 21, 2010: Latha Jishnu, Perils of the US Model (Business Standard)
January 22, 2010: Rema Nagarajan, Scientists Fume Over New Patent Bill (Times of India)
January 26, 2010: Shamnad Basheer, The Problem with Patents (Mint)
February 5, 2010: Shalini Butani, Public Research May Become More Private (Business Line)
February 8, 2010: Anika Gupta, Scientists Want Changes in Innovation Bill (Mint)
February 9, 2010: C.H. Unnikrishnan, Parliament Panel Wants Govt Review on Innovation Bill (Mint)
February 15, 2010: Leena Menghaney, A Bad Example from the U.S. (Down to Earth)
February 19, 2010: Pranesh Prakash, A Patent Conundrum (Indian Express)
SpicyIP coverage by tag 'Bayh Dole'
Presentations from NUJS, Kolkata conference on the PUPFIP Bill

On Bayh-Dole

Newspapers and Magazines

Academic Journals

Amy Kapczynski et al., Addressing Global Health Inequities: An Open Licensing Approach for University Innovation, 20 Berkeley Tech. L.J. 1031 (2005)
Anthony So et al., Is Bayh-Dole Good for Developing Countries, 6 PLoS Biol. e262 (2008)
Arti K. Rai & Rebecca S. Eisenberg, Bayh-Dole Reform and the Progress of Biomedicine, 66 Law & Contemp. Probs. 289 (2003)
David C. Mowery & Arvids A. Aiedonis, Numbers, Quality, and Entry: How Has the Bayh-Dole Act Affected U.S. University Patenting and Licensing?, 1 Innovation Pol'y Econ. 187 (2000)
David C. Mowery, et al., Learning to Patent: Institutional Experience, Learning, and the Characteristics of U.S. University Patents After the Bayh-Dole Act, 1981-1992, 48 Mgmt. Sci. 73 (2002)
Donald Kennedy, Editorial: Enclosing the Research Commons, 294 Science 2249 (2001)
F.M. Scherer, The Political Economy of Patent Policy Reform in the United States, 7 Colorado J. Telecomm. High Tech. L. 167 (2009)
Henry Steck, Corporatization of the University: Seeking Conceptual Clarity, 585 Annals of Am. Acad. Pol. & Soc. Sci. 66 (2003)
Jason Owen-Smith, Trends and Transitions in the Institutional Environment for Public and Private Science, 49 Higher Educ. 91 (2005)
Jerry G. Thursby & Marie C. Thursby, University Licensing and the Bayh-Dole Act, 301 Science 1052 (2003)
Jerry G. Thursby & Marie C. Thursby, Who is Selling the Ivory Tower? Sources of Growth in University Licensing, 48 Mgmt. Sci. 90 (2002)
Josh Lerner, Review of 'Ivory Tower', 43 J. Econ. Litt. 510 (2005)
Joshua B. Powers, R&D Funding Source and University Technology Transfer: What is Stimulating Universities to Be More Entrepreneurial?, 45 Research in Higher Educ. 1 (2004)
Lita Nelsen, The Rise of Intellectual Property Protection in the American University, 279 Science 1460 (1998)
Marcia Angell & Arnold S. Relman, Patents, Profits & American Medicine: Conflicts of Interest in the Testing & Marketing of New Drugs, 131 Daedalus 102 (2002)
Maria Jelenik, Review: Two Books on Technology Transfer, 50 Admin. Sci. Q. 131 (2005) (Review of 'Ivory Tower')
Michael A. Heller & Rebecca S. Eisenberg, Can Patents Deter Innovation? The Anticommons in Biomedical Research, 280 Science 698 (1998)
Rebecca Henderson, et al., Universities as a Source of Commercia Technology: A Detailed Analsis of University Patenting, 1965-1988, 80 Rev. Econ. Statistics 119 (1998)
Rebecca S. Eisenberg, Public Research and Private Development: Patents and Technology Transfer in Government-Sponsorded Research, 82 Virginia L. Rev. 1663 (1996)
Rebecca S. Eisenberg & Richard R. Nelson, Public vs. Proprietary Science: A Fruitful Tension?, 131 Daedalus 89 (2002)
Richard Jensen & Marie Thursby, Proofs and Prototypes for Sale: The Licensing of University Inventions, 91 Am. Econ. Rev. 240 (2001)
Roberto Mazzoleni & Richard R. Nelson, Economic Theories about the Benefits and Costs of Patents, 32 J. Econ. Issues 1031 (1998)
Thomas A. Massaro, Innovation, Technology Transfer, and Patent Policy: The University Contribution, 82 Virginia L. Rev. 1729 (1996)
Walter W. Powell & Jason Owen-Smith, Universities and the Market for Intellectual Property in the Life Sciences, 17 J. Pol'y Analysis Mgmt. 253 (1998)
William M. Sage, Funding Fairness: Public Investment, Proprietary Rights and Access to Health Care Technology, 82 Virginia L. Rev. 1737 (1996)
Zach W. Hall & Christopher Scott, University-Industry Partnership, 291 Science 553 (2001)

Resources

For more details visit https://cis-india.org/a2k/publications/pupfip/why-no-pupfip

Resources

pranesh — 2009-10-20T03:29:16Z

A collection of resources that will help one navigate through the arguments and evidence for and against the Indian "Bayh-Dole" bill.

PUPFIP

Bayh-Dole

Technology Transfer

Innovation's Golden Goose (The Economist)

Improving Innovation(The Economist)

Scientific Culture

Patents and America's Universities(The Economist)

When Academia Puts Profits Ahead of Wonder(The New York Times)

Bayhing for blood or Doling out cash?(The Economist)

Evaluative Pieces

University Licensing under Bayh-Dole: What are the Issues and Evidence?(Thursby and Thursby)

Is Bayh-Dole Good for Developing Countries? Lessons from the US Experience(So et al.)

The Law of Unintended Consequences(Fortune Magazine)

The Growth of patenting and licensing by U.S. universities and the Bayh-Dole Act (Mowery et al.)

Overall Assessment of the Bayh-Dole Act (Nelson, Mowery, et al.)

General Resources

Joint Ventures and Intellectual Property(Andreas Panagopoulos)

Patents vs. Other Knowledge Transfer(Agrawal and Henderson)

Incentives Structure and Licensing Success(Dan Elfenbein)

University Licensing and Research Behavior(Lach and Schankerman)

Open Science and Private Property(Paul David)

IP Alternatives

New Approaches to Filling the Gap in TB Drug Discovery (Casenghi, Cole and Nathan)

The Role of Prizes in Developing Low-Cost Point-of-Care Rapid Diagnostic Tests and Better Drugs for TB(James Love)

How to boost R&D for essential drugs and diagnostics

Scrooge and intellectual property rights (BMJ January 2006)

For more details visit https://cis-india.org/a2k/publications/pupfip/resources

The South African Telecommunications Sector: Poised for Change

radha — 2011-10-21T09:59:51Z

CIS in collaboration with the LINK Centre, Graduate School of Public and Development Management, University of the Witwatersrand, South Africa and in association with different institutions across India is organizing a Lecture Tour on:
“The South African Telecommunications Sector: Poised for Change” By Sagie Chetty, Senior Manager, Eskom, South Africa.
It will be our pleasure to have you join us for the talks.

The Co-hosts, Dates and the Venues for the Talk are given below –

Co-Host: Indian Institute of Technology, Madras
Date: 19th October, 2009 at 3.30pm
Venue – IIT-M, Chennai

Co-Host: Indian Institute of Technology, Bombay
Date: 20th October, 2009 at 4.00pm
Venue – IIT-B, Mumbai

Co-Host: International Institute of Information Technology, Bangalore
Date: 23rd October, 2009 at 4.00pm
Venue – IIIT-B, Bangalore

Co-Host: Indira Gandhi National Open University, Delhi
Date: 26th October, 2009 at 3.00pm
Venue – IGNOU, Delhi

Co-Host: National Institute of Science Technology and Development Studies, Delhi
Date: 27th October, 2009 at 3.00pm
Venue – NISTADS, Delhi

Co-Host: CCMG - Jamia Millia Islamia, New Delhi
Date: 29th October, 2009 at 2.00pm
Venue – CCMG - Jamia Millia Islamia, New Delhi

About the Speaker:

Sagie Chetty is a Senior Manager in Eskom, South Africa’s largest electricity utility. Sagie spent the first part of his career at Eskom as Information Manager in the Generation Division. In that time he was responsible for information systems strategy development and implementation. Some of the key projects he has been involved in are the implementation of SAP Plant Maintenance, Business Intelligence systems and other bespoke Information Systems for Generation Power Stations.

Abstract of the Lecture: The South African Telecommunications Sector: Poised for Change

With a gross domestic product of over $506 billion (PPP, 2008) South Africa is one of the leading economies on the African continent. Only Nigeria with a GDP of $328 billion and Egypt with a GDP of $453 billion currently rival the South African economy. The economy is strong in manufacturing and agriculture, but is still based significantly on mining of gold, diamonds, platinum, coal and iron ore. Its main trading partner is the European Union. Bilateral trade with India amounts to $6, 2 billion (2008) with the balance of trade in South Africa’s favour to the value of about $1 billion.
Although one of the leading economies in Africa, South Africa’s Information and Communications (ICT) sector has not shown the concomitant level of development that reflects its economic position in Africa. ICT usage – telephony and Internet – has historically been low, and electronic transactions are utilised largely by business. There are a number of reasons for this; however the high cost of telecommunications is certainly a contributing factor. The high cost is attributed largely to policy and regulatory failure in the telecommunications sector. The sector is characterized by powerful incumbent telecoms operators that thwart competition and further entrench their dominant market positions. The consequence is that the high telecommunications costs impact access, affordability and the cost of doing business for the region.
Recent developments in the telecommunications sector, however could spell the end to high costs if policy and regulatory actions do not hinder competition. South African consumers can in the very near future look forward to lower telecommunications prices with the laying of new undersea cables, a new national backbone to compete with the existing one, new satellite ventures to provide the backhaul between cellular and broadband towers, a landmark court decision allowing value added network service providers (VANS) to build their own networks and the imminent entry of the incumbent telecommunications fixed line operator into the mobile arena. It is an opportune time for policy makers and regulators to take bold steps to free up the sector and open it up for true competition.
Lines that historically demarcated fixed, mobile, voice, data are blurring, causing shifts in market structures. However, currently the market is structured around the incumbent Telkom for fixed lines services and Vodacom and MTN for mobile services. A second PSTN, Neotel has been licensed but is only offering limited services. A third mobile operator, Cell C is operating but has yet to gain any significant market share.

The talk is open to all and there are no registration or entry fees.
Please let us know if you require any further details.

VIDEOS

For more details visit https://cis-india.org/events/lecture-tour-by-sagie-chetty

National Conference on ICTs for the differently- abled/under privileged communities in Education, Employment and Entrepreneurship 2009 - (NCIDEEE 2009)

radha — 2011-08-31T10:48:22Z

A national level conference on the use of Information and Communication Technology for the differently abled / under privileged community in education, employment and entrepreneurship.

The management, staff and students of Loyola College and the Centre for Internet and Society (CIS), Bangalore (in association with department of IT, Government of India and pioneers in educating differently abled and professional bodies like NASSCOM, CSI-Chennai chapter), are proud to announce that we will be hosting a national level conference on the use of Information and Communication Technology for the differently abled / under privileged community in education, employment and entrepreneurship. This conference which will be a momentous occasion will be held from the 1^st to the 3^rd of December and will be attended by individuals from all walks of life including representatives of the differently abled and under privileged community, government officials, educationalists, researchers, program managers, representatives of international business missions, NGOs and students etc.

The main aim of this conference is to devise a successful formula through which the lesser privileged people of our society can be provided the opportunity to use the Information and Communication Technology to grow on par with the modernized world. The program will be a three day event ending on the 3^rd which happens to be e-accessibility day and the World Disability Day and hence in addition to the specific topics with the opinions, ideas and criticisms of each and every individual which will be heard, discussed and analyzed carefully, we will also be recognizing the many individuals who have contributed their tireless efforts in making Information and Communication technology accessible to all.

Some of the main aims and themes of this conference would be the Institutional and national responses to technological change, the intersections of Political economy and educational technology. The architecture of learning, Pedagogy in the evolving tech environment, Informal and formal adult education, Multi-grade education, Instructional design and delivery, evaluation and assessment, Strategies and tools for teaching and learning, simulations and gaming, Effects on training institutions and industry, Impacts on educational institutions: effects on faculty, staff, administration, and students; curriculum and program development Intellectual property, Building communities of teachers/educators, e-governance and leadership and so on.

The focus would be on the various problems faced by the differently abled and the under privileged people in our society especially with respect to education and the use of Information and Communication Technology for their development and tools for language learning especially English, Tamil and Hindi. During the conference, discussions would be made on the ways to implement data mining in such a way that it includes multimedia facilities such as voice over, Globalization and ICT in the labour market, ICT applications and systems contributing to desirable goals, learning, knowledge growth and career patterns in ICT, leadership roles, human needs, skills and competencies needed for proper growth and its effects, etc. These problems and solutions would be discussed on every possible front including the political, the educational the financial level with its usefulness and effects on the under privileged in mind.

We would also strive with our utmost effort to reach our desired goals such as humanization, bridging the digital gap, freedom of expression, peace, sustainability, human welfare and quality of life. The most important of them all will be the devising of important decisions and strategies that could be implemented in order to help the differently abled people use Information and Communication Technology for their employment by means of introduction of newly devised hardware and software that could benefit them and enable them to develop further.

It is hoped that this conference will be a memorable experience for both the participants as well as the hosts resulting in decisions that are aimed at making life better and easier for all the differently abled and under privileged throughout the country.

Registration

About Loyola College:

Loyola College, Chennai is one of the leading colleges not only in the state of Tamilnadu alone but also in India. It has been rated A+ by the NAAC for several years in a row and is also one among the top ten colleges in the country. All this is proof enough that the college takes utmost interest in the development of students. The main aim of the college is not to provide the highest quantity of education but the highest quality of education to its students. To carry out its aim, the college arranges for several conferences, seminars, educational tours, Industrial visits etc. in order to make sure that the knowledge of the students is not limited within the classroom alone. Hence the great support that the college provides to the staff and students of the various departments is quite evident in the many successful conferences, seminars and other such programs that have been conducted in the past and this is sure to continue in the future.

Organizers

RCDA: The Resource centre for differently abled (RCDA) started in the year 2006 as one of the Centers of Excellence at Loyola College has successfully carried out the task of making education and learning an accessible tool for the less privileged members of our society. As a joint venture with some of the departments of the College, the resource center has decided to organize the National Conference on ICTs for the differently- abled/ under privileged communities in Education, Employment and Entrepreneurship 2009 (NCIDEEE 2009).

http://www.loyolacollege.edu/rcda.html

The Centre for Internet and Society (CIS) is a Bangalore based non-profit organization, bringing together a team of practitioners, theoreticians, researchers and artists to work on the emerging field of Internet and Society in order to critically engage with concerns of digital pluralism, public accountability and pedagogic practices, with particular emphasis on South-South dialogues and exchange.

We focus on areas such as Anonymity/Privacy, Censorship, Surveillance, Free and Open Source Software, Open Standards, Open Access, Family, Sexual practices, Addiction, Intellectual Property Rights and Trade, Piracy, ICT4D, Digital and Participation Divide and
Digital Communities and Movements.

Website: www.cis-india.org

Program

The conference will be divided into four tracks which will be running simaltaneously ,, except for the main session and the concluding session on the first and last days which are to be common for all participants. The tentative schedule for the different tracks is as follows:

Track 1:

Day 1. Presentations of papers

Day 2. OCR Round Table- Deployment of OCR technologies in Indian languages: present state and road ahead

Day 3. TTS Round Table: Assessing the state of TTS in Indian languages: current position and future road map.

Track 2

Workshop on Web Accessibility for web developers- Web developers and designers from various sectors will be initiated into the need for and the techniques of compliance with the Web Content Accessibility Guidelines (WCAG) 2.0 formulated by the World Wide Web Consortium (W3C). The tentative schedule for this track is given below:

WCAG Training Session Plan (2 Day)

Day 1
14:00-15:30 - Introductory Session

Disability - 5 major types
The W3C and the WCAG
How people with disabilities use computers (could use a movie here)

Group Exercise/Discussion

Split participants into small groups and give them questions/problems to talk about and solve
Example: If your friend is deaf, how do you make sure that s/he understands what a video is about? OR How does someone who can't see or hear answer/check their email? OR X lost his hands in a car accident. How does he do a Google search?

15:30-16:00- coffee/tea break
16:00-17:30

Session 1 - Building an Accessible Website

Laying Accessible Foundations
Table-less layouts
Well-structured markup
Valid Code

Day 2

09:30-11:00 Group Exercise
11:00-11:30- tea/coffee break
11:30-13:00

Session 2 - Building an Accessible Website

Removing Barriers
Guideline 1 - Perception
Non-text content
Audio/Visual content
Adaptability
Contrast

13:00-14:00 Lunch
14:00-15:30 Group Exercise
15:30-16:00-tea/coffee break
16:00-17:30

Session 3 - Guideline 2

Operable
Keyboard Access
Enough Time
Seizures
Navigable

Wrap Session - Feedback and Clarifications

Day 3

09:30-11:00 - Session 4 - Guideline 3 and 4

Understandable
Natural Language
Predictable
Input Assistance
Robust
Compatible

11:00-11:30- tea/coffee break
11:30-13:00

Session 5 - Accessibility Testing

Automated Testing + Tools
Manual Testing

13:00-14:00 Lunch break
14:00-15:30 Concluding session- feedback, clarification and action points of participants
15:30-16:00 tea/coffee break

Track 3

Capacity building for persons with visual impairments

This track is designed to equip students with visual impairments with skills and information required to face the employment world. It has courses such as goal orientation, soft skills and etiquettes and managing challenges in the work environment. It informs the students on what to expect when they go out to look for jobs and how to deal with potential logistic and attitudinal barriers. This is a very popular module which is currently being offered by Enable India Solutions,Bangalore and is being replicated in two days for the benefit of college students in Chennai.

The tentative sessionwise schedule for this track is given below:

Sessions

14:00-15:30- Why/How to be a finished product
15:30-16:00- Tea/coffee
16:00-17:30- Awareness on different jobs

Day 2

09:30-11:00- Goal orientation session
11:00-11:30- Tea/coffee break
13:30-13:00Employability awareness session 1 – Case studies of jobs and skills

Employability awareness session 2 – Computer skills (efficiency / quality)

13:00-14:00- Lunch
14:00-15:30- Employability awareness session 3 – Understand the real world perspective (& sighted point of view)
15:30-16:00- Tea/coffee break
16:00-17:30- Employability awareness session 4 - Importance of mobility
16:00-17:30- Employability awareness session 5 – Case studies on problem solving, workplace solutions, employed visually impaired

Day 3

Equipping for the employment world: Sessions

09:30-11:00
Soft skills including Social skills and etiquettes
Independent living skills
Emerging technologies - GPS, Mobile based OCr etc

11:00-11:30- tea/coffee break
11:30-13:00 Working in the corporate world- Managing challenges in work environment

Track 4

Capacity building for NGOs

This track is designed for general capacity building and information dissemination. It will cover topics like legal challenges, special needs for different disabilities, setting up resource centres, experimenting with new pedagogic techniques and using ICTs to impart education, presentation of case studies and so on.

For more details visit https://cis-india.org/events/ncideee-2009

After 15 Years, Is Free Access to Law Here to Stay?

rebecca — 2011-08-18T05:07:48Z

CIS, in collaboration with partners LexUM and SAFLII, is undertaking a Global Free Access to Law Study. Being the first of its kind within the Free Access to Law Movement, this comparative study will examine what free access to law initiatives do, evaluate their core benefits and identify factors determining of their sustainability. In the end, the free access to law study will provide future initiatives and existing LII networks with proven and adoptable best practices which will support the continued growth of the legal information commons.

The question in the title is the driving force behind a joint research initiative the Centre for Internet and Society has recently undertaken in collaboration with pioneering institutions, LexUM,and the South African Legal Information Institute. Over the past fifteen years, institutions providing free access to legal materials have transformed the modes in which legal information is produced and used. However, there have been few analyses of the ways in which legal information repositories operate. Lessons learned, best practices and successful models have not been systematically documented, and administrators may not have access to useful guidance or peer support. The study will bridge this gap by analyzing a variety of free access to law initiatives around the world in greater detail.

In 1992, the first Legal Information Institute (LII) at Cornell University began to place primary sources of law and interpretive legal materials online, free of charge. The Free Access to Law Movement soon expanded to form a broad network of LIIs who shared the belief that legal information is digital common property and should be accessible to all. Today, citizens around the world can access legal information in multiple languages through easily searchable databases. Among the resources available are statutes, bills, court decisions, bilateral treaties, law journal articles, legal reform documents and much more. This freely available legal information has helped make the law more accessible to audiences previously underserved by costly commercial databases, and has allowed comparative legal research to become more practicable than ever before.

Research will focus on gauging the broader societal effects of free access to law initiatives, as well as on understanding the diverse factors which contribute to or undermine their sustainability.The CIS will be overseeing research in Asia, while SAFLII and LexUM will cover South and West Africa, the South Pacific, Canada and Australia. The global scope of the study will facilitate the sharing of expertise and best practices within the global network of LIIs.

The value of creating a legal information commons has been clearly demonstrated. Access to legal materials helps to strengthen judicial systems, improve legal expertise, guide policymaking and maintain the rule of law. Legal transparency helps businesses assess risk and encourage entrepreneurship. Citizens and civil society actors require access to law to participate in the political process and assert their rights. These audiences form an important constituency for open access to legal scholarship and demonstrate the need to further examine the core benefits of free access to law initiatives.

Online free access to legal materials has also been an indispensable tool in underserved regions where a host of factors often undermine access to legal information. The following examples, derived from preliminary CIS research throughout Asia, demonstrate how free access to law can bridge various gaps in legal information accessibility. In some cases, laws may be completely unavailable. For example, bureaucrats may demand bribes before allowing access to copies of a law, or governments may wish to keep certain implementing guidelines or regulations a secret. In other cases, a law might have simply been lost through lack of proper storage or record-keeping.

A second problem occurs when laws and case law are available only in certain locations or certain forms. A law may be available only in hard copy or in one or two libraries in the capital city, for example. This causes difficulties for citizens and practitioners in remote areas who lack the resources to travel. Sometimes, the libraries containing the legal information also may require special permissions to access. In other instances, legal materials may have been digitized but not properly stored or networked.

Digitizing and uploading laws to organized, searchable databases presents its own challenges, and some governments lack the technical capacity to do so. However, digitizing and uploading laws does not guarantee general public access. In some countries, laws may be online but placed in pay-per-use databases. And some governments retain a copyright or similar intellectual property rights in their laws and other documents. This may mean that NGOs or LIIs cannot copy, consolidate, or re-post certain legal information without exposing themselves to copyright liability. The commercialization of legal information also restricts access to individuals and firms able to pay costly subscription fees.

Copyright and the commercialization of legal information can inhibit the free flow of legal information—notably when legal information can be better organized, preserved and disseminated further under more open standards. Because of the importance of free access to law, a significant focus of the research will be to identify factors that contribute to the sustainability and success of free access to law initiatives. This is of great importance in Asia, where the local capacities of LIIs require further strengthening before their databases can begin to rival their commercial counterparts.

Many challenges remain for the development and sustainability of free access to law initiatives in the Asian region. Searchable legal information must be provided in both English and regional languages, while local technical capacities require further development. Mariya Badeva-Bright of SAFLII also notes that LIIs need to secure working partnerships within the judicial branch of government in order to reduce the burdens of digitization and to promote common standards in preparation of legal material. The AsianLII has only begun to scrape the surface of valuable legal information that is potentially available and must continue to develop and strengthen partnerships in the region.

The study will have several concrete results. Upon completion of the study, a Free Access to Law Best Practices Handbook will be published and will serve as a comprehensive knowledge resource for both existing and nascent free access law initiatives. The handbook will outline various steps in creating and maintaining successful free access to law initiatives, while ensuring that important aspects of design and sustainability are not overlooked. Also, a comprehensive online library will host current and future materials relating to the free access to law movement, including a collection of free access to law case studies.

Research by the CIS, LexUM, SAFLII, and their respective team of researchers is expected to commence within the next few months. In the end, the free access to law study will provide future initiatives and existing LII networks with proven and adoptable best practices. This research will increase the chance that nascent initiatives will be successful, and support the continued growth of the thriving legal information commons.

For more details visit https://cis-india.org/openness/blog-old/after-15-years-is-free-access-to-law-here-to-stay

Handy Origins of the winds of change

radha — 2011-04-02T14:59:01Z

A seminar in Bangalore revealed how mobile technology is being harnessed across India to bring about development and social change, reports Shrabonti Bagchi - DNA (6th Sept, 2009)

The Internet, for all the celebrated changes it has made in our lives, still had limited penetration in our country with about 80 million, largely urban and prosperous users. This severely limits its viability as a vehicle of development and social change. The mobile phone, on the other hand, has 400 million users in the country, and has undoubtedly become the first mode of communication in India to gain almost universal reach, cutting across barriers of location, region, community and social classes.
“The mobile phone has unprecedented penetration into classes of society that were largely unconnected with the outside world till now,” said Sunil Abraham, executive director of the Centre for Internet and Society, which along with Mobile Monday Bangalore, the Bangalore chapter of a global community of wireless industry professionals, organised a seminar, “Mobile Technology 4 Social Change”, in the city recently.
The idea for the event came from one of the co-organizers, Mobileactive.org, which is a network of NGOs interested in taking advantage of the mobile telephony revolution to bring about changes, informed Abraham.
Attended by NGOs, non-profit organisations, researchers, donors, and of course, mobile application developers, the seminar intended to throw open doors of communication between these varied groups of people.
Take the case of IFFCO Kisan Sanchar Limited (IKSL), for instance. This farmers’ co-operative formed under the aegis of fertiliser manufacturer IFFCO has tied up with cellular service provider Airtel to develop a special SIM card which enables users to receive voice and text messages everyday containing nuggets of information about various farming practices. It has around 2,75,000 subscribers in Karnataka alone, informs IKSL state manager G Raghunatha, and has made a huge difference to the lives of farmers.
A similar case is related by Subbaih Arunachalam who is involved with the MS Swaminathan Research Foundation, which has tied up with Tata Tele-services and Qualcomm and telecom developer Astute to create special GPS-enabled mobile phones (costing less than Rs.3, 000) that helps fishermen track weather reports, send out emergency messages in case they are lost at sea, etc., and also engage in price-point discussions with local wholesalers.
Several NGOs have also been quick to utilise the advantage of the versatility and ease-of-use of the mobile phone to disseminate vital information. Sreekanth Rameshaiah, director of Bangalore-based NGO Mahiti, spoke of an endeavour started by his group in Calcutta called My SME News which targets small and micro enterprises, sending out customised information for 11 micro-industries through text messages in the local language. They also plan to launch a voice platform soon.
Mobile payments brand mChek started an initiative on similar lines in Bangalore. The company uses its SMS-based mobile payment technology, which is embedded on all new Airtel and Docomo SIM cards, to enable slum dwellers to access banking and explore micro-finance options through micro-finance institution Grameen Koota.
Valerie Rozycki, head of strategic initiatives at mChek, said, “Access to low-cost banking over the mobile and being enabled with safe ways to save and convenient ways to make payments is life-changing for these customers. This is a sustainable business model to serve the un-banked and under-banked. So, these services will continue to thrive."

Let’s raise our mobile phones to that.

For more details visit https://cis-india.org/news/handy-origins-of-the-winds-of-change

Negative of porn

namita — 2011-08-02T08:35:34Z

The post deals with what has been written about Savita Bhabhi in an attempt to make sense of her peccadiloes and with the seeming futility of Porn studies located in America to our different reality. I take the liberty of exploring my own experiential account of pornography since I feel that in that account (mine and others) when done seriously, certain aspects of pornography emerge that address questions that are about cinema, images, sex, philosophy and how desire works. The title is mischeviously inspired from Dr. Pek Van Andel's recent video of MRI images of people having sex.

Jonathan James McCreadie Lillie in his article “Cyberporn, Sexuality and the Net Apparatus” while talking about academic engagement with pornography (by Kipnis, Hunt, Waugh, Kendrick) points to how they share “a common concern with analysing pornography within the various cultural constructs and social spaces in which it appears, and in which people encounter it”. He says that a new agenda for cyberporn research has to acknowledge that “people have produced pornography in many different forms for many different purposes, and the reasons why people use it or do not use it, and what meanings they make of it, are equally diverse”. (1)

Lillie points towards cyberporn reception studies – the home/office terminal as a site of cyberporn reception – as a possible starting point of further work on cyberporn. My interest is located in how does one understand your own consumption of internet porn, located as it is in the context that is not the global North and more specifically not male and not heterosexual. Attempting to do that through the readings in porn studies (Porn studies, edited by Linda Williams) (2), or specifically net porn studies (C’lick me – Net Porn Reader) (3), has not been entirely fruitful though what is talked about is highly interesting. One of the problems perhaps lies in what Lillie says about the need for analyzing pornography within the various cultural constructs and social spaces in which it appears, rather than separate or floating above them. The Internet does not entirely make protean beings (cyborgs?) of us after all, and the relevance of porn studies elsewhere can only be partially relevant to a study here.

[Curiously though the debates within feminism and the women’s movement around pornography in the global North – the familiar rhetoric of the causal links between pornography and violence, do have a resonance in similar debates in the women’s movement here. At a roundtable discussion on the role of media at the recent Courts of Women organized by Vimochana (4), many of the sentiments expressed by activists and organizations see a causal link between explicit sexual material, violence and its direct negative impact on morals, attitudes and behaviour of people.]

Linda Williams begins the volume on Porn Studies by stating that there has been a movement from the deadlock of pro-censorship and sex positive feminist discourse on pornography, to a stage where there is a veritable explosion of sexual material that is crying out for analysis, and that sexually explicit imagery is a fixture in popular culture today (obviously referring to America but to some extent true for other contexts as well). In some ways there is an attempt amongst academics, intellectuals, journalists and other writers here to make sense of the pornographic material that has crept into our media saturated cities. Many recent articles spawned by the ban on Savita Bhabhi attempt to understand the unleashing of desire around Savita Bhabhi (from a rock song to unashamed fandom) and to analyse the reasons for the ban or rather what makes Savita Bhabhi threatening.

Savita Bhabhi, the [porn] [toon] [star]

Itty Abraham undertakes a fairly detailed analysis of what is happening in twelve episodes of Savita Bhabhi and perhaps unconvincingly places the crux of the story of Savita Bhabhi on her cuckolded husband, Ashok (5). He says “Their family life is relentless modern, nuclear, bourgeois, if also gendered in familiar ways. The couple eats together (and at the same time), they watch TV together in the evenings, and sleep in the same bed.” For Abraham, the comic is about “these new sexual possibilities.. that begin from a new kind of freedom to which the modern urban woman has access”. The article suggests that we seem to be faced with a choice between the free untrammeled Savita and her easy occupation of urban spaces protected by an aura of class and her husband Ashok who is the hard worker earning enough to keep alive her/our illusion of abundant urban neoliberal existence. Interestingly the article is not attempting to make a point about pornography in relation to ideas of culture, tradition, vulgarity or other familiar motifs in the debate on obscenity.

Shohini Ghosh’s article takes on the task to find out what precisely is so transgressive about Savita Bhabhi (6). Savita Bhabhi is poised between the family and husband and illegitimate desires (similar to themes in Charulata, Hum aapke hain kaun). She points that the pleasure of the comic is not just that there are hard core sexual scenes as much as that the husband or a similar character cannot look at what you look at. The Indian erotica (or pornographic text) scene too is replete with tales of incest and transgressions with domestic workers or servants|maids as they are called in the stories. Ghosh while acknowledging the harm-violence debate within feminism on pornography, states that she is anti-censorship – that although it is obvious that media, images have an impact (otherwise why would they be cause of study) there is no neat causal link between porn and sexual violence. She ends by saying that “pornography then is a phantasmatic arena. It does not reflect people’s ‘real’ sex lives so much as it articulates the desires and aspirations for imagined ones.”

Both articles make important linkages to other and pre-existing debates on neo-liberal agendas, occupation of urban spaces, feminism and obscenity. Ghosh seems to also be referring to a broader category of Indian porn and the problems posed by it. She also gestures towards the problems that might be posed if Savita Bhabhi were a real person and not a comic, but by and large most journalistic writing/analysis of Savita Bhabhi flattens out the field – asking questions as if comic characters were real persons, and not taking into account aesthetics, technology (mode of delivery) or where and how it is viewed (reception) by people. There is a difference in the way I respond to a comic about sex than to an MMS or hidden camera porn where I am aware of the ‘realness’ of atleast some aspects of the image I’m looking at.

The ‘realness’ raises certain dilemmas – the anxiety is not as severe and troubled as in the case of Mysore Mallige which is haunted by urban legends of the couples or only the woman committing suicide, forced marriage at a police station etc. Nonetheless to encounter the MMS video, when the woman is looking directly at the camera often so it does not seem like a hidden camera or non-consensual video, is to acknowledge the taking of pleasure at the expense of someone else which may or may not bother you, but does render the activity far more illicit and scary. My feeling of fear|anxiety|secrecy|aloneness when surfing pornography, whether in the office, home or anywhere where I can be discovered, is an added layer to the experience even if the various aspects of violation of privacy, vulnerability of the woman in the video or the existence of a pornography industry are not uppermost in the mind when actually viewing the clips. One of the few works done that do address this complicated set of affects that circulate and attach themselves to pornography is Bharath Murthy’s film on Mysore Mallige ( the next post will be on this film and interview with Bharath Murthy). (7)

This is why I would insist that the comic is a different space for a viewer – some things such as anxieties about who this person I’m looking at is and what happened to her do disappear, while others such as a comic is bright, colourful and highly visible on my computer screen (for instance) become more important. It is harder to hide surfing Savita Bhabhi in an office than reading erotica or even downloading and discreetly watching a small video. The aspect of how Savita Bhabhi being a comic/drawn character changes how a viewer relates to the material is an area of study that needs to be looked at more closely, perhaps with the help of existing work that looks at the manga, anime, hentaii phenomenon in Japan and parts of South East Asia.

The makers of Savita Bhabhi were anonymous till the ban and after what seemed like a rather brief struggle with authority (SaveSavita campaign on twitter and a blog) they vacated the public scene. As a consequence of no real contest, the ban persists. But perhaps what is admirable is that many people have learnt to use tools that allow them to still view Savita (and to expose them here would be just foolhardy). In an interview online the makers of Savita Bhabhi state .. “For one, it (comic) is a unique medium in the context of Indian porn. We’ve had MMS’s, videos, stories, etc, but no porn comics. Also a comic allows us to explore the fantasy in a much more vivid way than any other medium.” This fantasy life however cannot be dismissed, as it is indeed very real, or as they say – “based on real life fantasies of our authors and fans. They are all something that a normal full blooded Indian male or female would be fantasizing about on their commute to work or a lazy evening at home.” In a short interview with the makers of the comic more recently and subsequent to the ban they said that probably it was Savita Bhabhi’s popularity that led to her downfall and that they set out to explore Indian sexuality, which “obviously is a big No”.

To return to Lillie’s call for a cyberporn reception studies perhaps it is time in relation to looking at such material that we step away, even if briefly, from these debates on feminism, vulgarity and obscenity in Indian culture and others. In an interview dated 5th September, 2009, Ratheesh Radhakrishnan says that what needs to be looked at when studying pornography, is not the questions of Indian culture, religion, roles of women and gender (as for questions related to obscenity) but the aesthetics of pornography. In his own work Radhakrishnan deals precisely with this question in relation to the category of ‘soft porn’ and how Shakeela becomes a star through soft porn cinema – a star not entirely governed by the narrative of the film but seemingly existing beyond the limit of the film itself. (8) By doing this, his work deals with the question of how desire works in such films, which perhaps is one of the more important question to ask about pornography. In the same interview, he states that there is “something that takes place between the text and the person watching” and that is what he is interested in.

Anti-porn

Radhakrishnan’s position is interesting in relation to this project as it opens up questions that are beyond the feminist deadlock on pornography and also goes beyond rhetoric of the liberating potential of the explosion of the polymorphous perverse online. The latter is where a lot of porn studies undertaken in the global North seems to get lost. The breathless recounting of the pornographic in the everyday, does not help since it becomes very obvious that any analysis would not be relevant to a vastly different context in India. (9)

Walter Metz in his article on Open Water (10) challenges the ethics of porn studies – though he acknowledges that pornography is more a symptom rather than a cause of anti-social behaviours that it is often linked to (violent rape, aggressive behaviour, sexism etc.), but still raises the question as to whether there are significant reasons to put the brakes on a rabid, radical celebration of the liberating potential of pornography. Metz talks about the need, within porn studies, to look at the positive and negative impact of pornography (possibly he would extend that to looking at violent martial arts film and other strands of cinema/new media).

Metz’s paper as such deals with Open Water as an anti-pornographic film (here referring to the generic practice of pornography rather than political positions) and this might be an interesting productive mode to understand the affect produced by pornography. Though Metz qualifies that he’s not using pornography as a genre, but rather “as a reading frame. If one keeps thinking about pornography while watching a non-pornographic film, what is the resulting interpretation?” Since I haven’t seen the film Open Water perhaps my interest in such an analysis is misfounded. Metz describes the frustration depicted in the film Open Water between the audience expectations for a reasonably good looking, tanned, blonde couple to get-it-on and what happens to their bodies instead in the open water of the sea and prey to sharks, is similar to the disjuncture that takes place in one of the films part of the Destricted project. (11)

Destricted is an interesting artistic|intellectual|new media|film experiments in the global North around pornography. It is a series of short films that resulted from an invitation to seven well known artists and filmmakers to try to respond to sex and especially the phenomenon of pornography in the contemporary. One of the films Death Valley by Sam Taylor-Wood borrows from the Biblical tale of Onan and places a man masturbating in the heaving, throbbing landscape of the Death Valley (the hottest place in the Western hemisphere where the earth’s crust is constantly changing and shifting). For precisely 7 minutes and 58 seconds, the protagonist of the film masturbates uncomfortably without reaching ejaculation and/or release. The painful un-release of this film, perhaps is meant to be juxtaposed with the assumed ease of pornography’s answer to desire. However peculiarly it actually is probably an accurate description of the experiential account of pornography – of looking, searching, finding, downloading on painfully low speeds, watching short clips that are blurred, shot only from one angle, badly drawn comics or looking at largely uninspiring material which is not acquired or found easily.

In some ways the experience of watching either of these films sounds similar to watching certain kinds of MMS video porn. For instance, one video was of a couple doing oral sex in a toilet cubicle. The angle of the camera was from the top and perhaps the intention behind this was to obscure the faces of the two persons, since only the top of their heads are visible. It did not seem like the couple were unaware of the video camera, as much as performing for it almost unwillingly and only if the anonymity was preserved. The video was low quality and highly blurred, to the point of any features being indistinct beyond blackness of hair (maybe) and generic skin tone which could be Indian, Iranian or generic South Asian. The resemblance to the Destricted video is because again of the time it takes to reach ejaculation – there is a painfully long uninspiring blowjob sequence. The video remains scary and leaves one with a feeling of claustrophobia, discomfort and peculiarly boredom or distance from what is happening. Yet perhaps it is here that the question of realness and the affect it produces enters again. The question that intrigues me is whether the affect produced by the video is because there are certain gestures of the woman that seem recognizable, because she seems like you (ethnically, racially ofcourse but also in sexual spaces she occupies and behaviour). After having accomplished the task of coaxing semen out of the uninspiring penis she is faced with, she folds her legs and speaks indistinctly. In that moment she seems uncomfortably familiar, like watching a friend having sex or maybe an aspect of yourself.

It is perhaps interesting that it is amateur pornography these days that seems to inspire the most complicated set of affects (unlike the schooled|disciplined and predictable response to cinema) – shocked recognition of yourself and desire to see it again, titillation, boredom but yet unwilling to look away, love for celebrities, pleasure of viewing a body like yours and even sometimes a recognition that this is what you look like during sex, fear about your own privacy, disgust for what seems unacceptable and provokes the moral|visual|auditory sensibilities and contempt for the material and the people who possibly are genuinely engaged with it. The article on Pam and Tommy’s video in Porn Studies infact displays these varied affects and underlines William’s assertion that this bracket of material, behaviour and practices that get termed pornography/pornographic does indeed deserve analysis, otherwise a potentially unique and interesting way of understanding the contemporary would be lost for squeamishness.

There are many aspects of the Minette Hillyer’s analysis (12) that are specifically relevant only to the American contexts – the notoriety of both the stars, the pre-existence and glorification of home videos in most families and the acknowledgement of amateur couple porn as even a healthy practice, perhaps suggested for couples with dull sex lives. In India, it was infact unknown people who were catapulted into the public eye with the circulation of their video, online and offline that was later titled Mysore Mallige ; not just the private spaces, holidays and fucking habits of already-celebrities like Pam and Tommy.

What might be relevant here from Hillyer’s analysis is the pre occupation with the realness of amateur pornography. The article follows the travels of the Pam and Tommy home video between different categories/genres, depending on different aspects of its realness. The video as such, contains scenes from the normal domestic lives of the stars and a eight minute sequence of sex in an almost fifty minute length video. So the questions of realness are answered not by the sex in the video, but the mundane recording of their lives, holidays, house and other details. This question of what exactly it is – home video or pornography (domestic/private or pornographic/public) is relevant to questions of legality (for damages upto 90 million dollars), how it circulates (a pornographic video of Pam and Tommy without the domestic padding perhaps would not be considered real and saleable) and genre which relates to some aspects of how people respond to the work. Ever since the advent of (cheap) video technology, pornography is rendered less cinematic and more concerned with the presentational act (of sex) than its representation (ibid). With MMS videos and hidden camera porn, though questions may no longer be about representation, they are still complicated questions about the aesthetics, reception of pornography and our relation to the technology that delivers it and for me viewing pornography today as only presentational does not help to understand the affects that surround and attach to it. Perhaps many strands of what is explored in this article can be explored in relation to Mysore Mallige in the next blog post.

Just as I finish this piece, after an interview with Nishant Shah at Center for Internet and Society, another question enters the frame in relation to pleasure, moving it beyond those raised above. Is pleasure now a question that is less about finding the corporeal thrill through pornography online, as much as pleasure that comes from simulation and the added rush of simulating cities, lives, personalities online. And is that pleasure, pornographic?

End notes:

1. Jonathan James McCreadie Lillie, “Cyberporn, Sexuality, and the Net Apparatus”, Convergence 2004; 10; 43

2. Williams Linda (ed), Porn Studies, Duke University Press, London and Durham, 2004.

3. Katrien Jacobs, Marije Janssen, Matteo Pasquinelli (eds), C’lick Me: A Netporn Studies Reader, Institute of Network Cultures, Amsterdam, 2007.

4. Courts of Women, Vimochana Bangalore, 27-29 July, 2009.

5. Itty Abraham, Sex in the Neo-liberal City: On Savita Bhabhi, Available at The Fish Pond at http://thefishpond.in/itty/2009/on-savita-bhabhi/#comments

6. Shohini Ghosh, The politics of porn, Himal South Asian Magazine, September 2009, Vol 22, No. 9.

7. Bharath Murthy (director), Mysore Mallige, 2007.

8. Ratheesh Radhakrishnan, “‘The Mis-en-scene of desire’: Stardom and the case of soft porn cinema in Kerala!” Unpublished work. Contact author for copy.

9. Bloomingdale's now sells Tom of Finland shirts and trousers, housewives celebrate their birthdays by piercing their geni- tals, college students dance naked instead of waiting tables to pay their tuition, and middle-level managers schedule a session with a dominatrix in their favorite dungeon after a game of racquetball at their regular health club. From Joseph W. Slade, Pornography and Sexual Representation: A Reference Guide, Greenwood Publishing Group, 2001.

10. Walter Metz, “Shark Porn: Film Genre, Reception Studies, and Chris Kentis' Open Water” Film Criticism, March 22, 2007

11 Destricted: explicit films, Marina Abramovic, Matthew Barney, Marco Brambilla, Larry Clark, Gaspar Noé, Richard Prince, Sam Taylor Wood (directors), 2006.

12 Minnette Hillyer, “Sex in the suburban: Porn, Home movies and the Live Action Perofmance of Love in Pam and Tommy: Hardcore and uncensored”, Porn Studies, Duke University Press, London and Durham, 2004, p.50.

For more details visit https://cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/looking-closer-at-porn-with-x-ray-spectacles-savita-bhabhi-mms-video-and-others

Deconstructing ‘Internet addiction’

radha — 2011-04-02T15:09:28Z

An article by Sruthi Krishnan and Shyam Ranganathan in The Hindu on August 30th,'09

CHENNAI: Earlier this week, the first rehabilitation centre for ‘Internet addicts’ was opened in the United States. De-addiction camps in China were in the news recently for the death of a teenager because of the brutal methods used there to cure ‘Internet addiction.’

‘Internet addiction’ for now is a catch-all term that not only stands for addiction to specific activities such as gambling or gaming but also refers to longer hours devoted to the computer network at the expense of other activities.

Though the Internet is only a medium of communication and information transmission like the printed book or television, ‘addiction’ is being used in this case with concern because of a fundamental dialectic: ‘quantity becomes quality.’

“A whole new world is just a click away with the Internet. It is a medium just like books and TV, but the amount of interaction it makes possible with others, sometimes replacing the need for real world interaction, makes it vastly different,” says E.S. Krishnamoorthy, consultant neuropsychiatrist, Voluntary Health Services, Chennai.

Though chemical changes may not be induced by the broadly repetitive action involved in gaming and general ‘Internet addiction,’ social behavioural modifications do take place, including sleep deprivation and aggression towards the depriver of access to the Internet, he says.

“It is somewhat between Obsessive Compulsive Disorder (OCD) and addiction due to substance abuse. Substance abuse-led addiction focusses on gratification which this form of attachment provides, though there is no chemical ingestion. At the same time, the behavioural modifications are similar to those with OCD. It is almost like the ‘rush’ gamblers get out of a purely gratification-oriented repetitive action,” Dr. Krishnamoorthy adds.

Generational gap

Sunil Abraham, director-policy, Centre for Internet and Society, Bangalore, says what constitutes ‘Internet addiction’ is sometimes misunderstood because of a generational gap between those who grew up immersed in technology and those who adopted technology later in their lives.

Can a teenager’s extensive use of social networking be categorised as ‘addiction’? Not necessarily. Social networking could lead to forging new relationships which could be beneficial.

For now, such activities may not be the norm, but it could be the way our society is configured in the future, says Mr. Abraham.

The Internet itself offers solutions to balance your real and virtual activities. For instance, ‘Freedom’ is an application that disables networking on an Apple computer for up to eight hours at a time. In the settings of Google mail, you can enable ‘Email addict’ (a Google Labs feature) that disables your screen and makes you invisible on chat for 15 minutes. There are many such timer software that let you set a period for which a certain activity would be banned.

Dr. Krishnamoorthy advocates counselling and concerted effort to increase real world social interactions for “treating” Internet addiction. He warns that the problem is larger in that we are creating an “inward-looking society.”

“There is a big problem on hand if many people replace the real world with the Internet instead of using it as a device to enhance interactions,” he says.

Mr. Abraham says controls should come from a more open and informed discussion, of which even children are a part. Dubbing an activity not fully understood an “addiction” and imposing old-fashioned controls are not the right approach, he adds.

For more details visit https://cis-india.org/news/deconstructing-2018internet-addiction2019

Fallacies, Lies, and Video Pirates

pranesh — 2011-08-04T04:43:08Z

At a recent conference on counterfeiting and piracy, industry representatives variously pushed for stiffer laws for IP violation, more stringent enforcement of existing IP laws, and championed IP as the most important thing for businesses today. This blog post tries to show how their arguments are flawed.

The Confederation of Indian Industry (CII) organized its third annual conference on counterfeiting and piracy, with support from the United States Embassy and the Quality Brands Protection Committee of China (a body comprising more than 80 multinational companies). Last week we criticised the conference in an open letter. This week, we examine a few of the recurring themes that came up at the conference.

Something being substandard is not the same as something being counterfeit.

This was a mistake made by many whenever they invoked 'counterfeit' in the sense of something that is violative of one's patent and trademark rights. The Indian Drugs and Cosmetics Act itself distinguishes between 'misbranded', 'adulterated', and 'spurious' drugs, thus recognizing that something that is made without proper authorization from rights owners isn't necessarily of a bad quality. Indeed, this was substantiated by an audience member, a lawyer from Dr. Reddy's Lab. She spoke of a mandi in Agra where they seized medicines being sold under the Dr. Reddy's name, but produced by local manufacturers. Upon lab testing, it turned out, much to their surprise, that the medicines were of the highest quality and were not substandard. Similarly, many large companies including trusted FMCG companies like Hindustan Unilever and ITC are upbraided by authorities for violations of the Drugs and Cosmetics Act (for the cosmetics they produce) as well as the Prevention of Food Adulteration Act. Thus, even legitimate businesses can produce substandard products. Thus, a product can be unauthorized but not substandard, just as a product can be substandard but not counterfeit.

This distinction becomes very important when we talk about patents, and especially drug patents. A generic drug is by definition identical or within an acceptable bio-equivalent range to the brand name counterpart with respect to pharmacokinetic and pharmacodynamic properties. Thus, this entire category of high-quality drugs is often sought to be made illegal or counterfeit by large pharma companies. Some countries like Kenya have capitulated. But so far the World Health Assembly has been forced by developing countries to keep the issue of substandard medicines separate from patent-bypassing medicines.

The industry, for all their talk about "out of the box" thinking on the issue, still only consider metrics such the number of piracy raids conducted as measures of success. A question was put forth by Manisha Shridhar of the Intellectual Property & Trade Unit of the World Health Organization upon learning of the quality of the drugs seized at the Agra mandi: Why not cut a licensing deal with those manufacturers, who obviously have excellent production facilities? That kind of thinking, which helped HMV in India in the 1980s, and copying innovative features from video pirates and pricing their products competitively has helped an Indian company, Moserbaer, do extremely well.

Counterfeiters and pirates are not always seeking to fool consumers.

Only lawyers hired by the industry would think that a consumer aspiring towards a Rolex watch would actually think that the one he purchased off the streets for one-hundredth the original's price was in fact original. Street-side DVD hawkers are not thought by the general public to be selling original wares. Still, despite knowing the difference between the original and the fake, consumers many times opt for the latter.

Having said that, counterfeiting, by using someone else's trademark and trying to pass off fake goods as real ones, is quite obviously wrong. It harms customers, and it harms the manufacturers. Thus, a distinction deserves to be made here between the counterfeiters who try to deceive consumers (for instance by copying authenticity marks, like holograms, etc.) and those who are just providing them with highly cheaper alternatives (pirated DVDs, etc.). In this light, it is also important here to distinguish between counterfeiting, traditionally taken to be trademark violation, and piracy, traditionally taken to be a violation of international law, but now generally meaning a large-scale violation of copyright law. While the former can lead to consumer confusion, the latter scarcely ever does. This is ignored by industry people who evoke the image of the consumer quite often, but only when it helps them, and not in any meaningful manner. They negate consumer choice when it comes to consciously purchasing pirated goods, and consumer freedoms when it comes to usage of copyrighted materials.

While commercial film piracy funds terrorists, so does pretty much every business activity.

A favourite of the MPAA (and by association, the MPA) is the RAND report on Film Piracy and its Connection to Organized Crime and Terrorism. This report, which was funded by the MPAA, predictably concludes that film piracy funds organized crime and terrorism. Even if we are to believe its findings wholesale, it leaves us wondering whether all business activities from which terrorists derive funds should be banned.

In India, there is a substantiated link between organized crime and film and music production, and terrorists have been said to make money off the stock market. If the MPA's arguments are taken to their logical conclusions, then film production and equity trading should also be prosecuted. Furthermore, while the mafia and terrorists are the ostensible targets, the laws that are brought about to tackle it affect poor roadside vendors and non-commercial online file sharers. To tackle the funding of terrorists, roadside piracy shouldn't become the target just as film production per se shouldn't. The invocation of the RAND report is thus only meant for rhetorical effect, as it is hard to find logic in there.

"To copy without authorization is to steal", the death penalty, and drug peddling.

At the conference, Dominic Keating of the US Embassy pointed out that "to copy without authorization is to steal" and David Brener of US Customs and Border Protection kept emphasising, on at least two occasions, that "drug peddling merits an automatic death sentence in many countries". There are numerous arguments one can make to show the lack of thought in the former. One could point out that 'stealing' and 'theft' are things that happen to tangible property, and that not only is copyright not tangible, but it is barely property. Copying without authorization creates one more of what existed, without depriving the authorizer (usually a corporation) of its original. This goes against our notion of 'stealing'. If the argument is to be shifted to the terrain of control over one's property/copyright, Mark Lemley in an illuminative article shows how the economic theories behind externalities in property and copyright are vastly different, and that complete control over either has never been, nor should it ever be, an aim of the law. Simply put, someone free riding on your property leaves you worse off than earlier, while someone free riding on your copyright usually doesn't.

One could also point out that 'stealing' is endemic in activities involving human creativity. T.S. Eliot notes that "Immature poets imitate; mature poets steal; bad poets deface what they take, and good poets make it into something better, or at least something different". He does not even consider the possibility that artistic borrowing, whether by imitation or by 'stealing' does not happen. Even Y.S. Rajan, Principal Adviser to CII recognized this when during the conference he noted that "imitation and innovation have an interesting and intertwining philosophical history". If we are to take Mr. Keating's admonishment seriously, we would indeed have a very illustrious list of thieves on our hands, including the Walt Disney Corporation, William Shakespeare, Vladamir Nabokov, Public Enemy, and pretty much every creative person who has ever lived. Books can be written about this (and indeed, numerous books have been), so we shall not dwell on this issue.

Mr. Brener's repeatedly spoke of how drug peddling attracts death penalty in many countries (though in neither the US nor in India has anyone ever received capital punishment for drug peddling), but he also clarified that he is not advocating for the death penalty for copyright violations. That made one wonder why he was bringing up the death penalty at all. He also made the dubious, non-substantiated claim (noting it as "true fact") that pirating movies is more profitable than selling heroin. This claim appears in an article about a report produced by the Australian Federation Against Counterfeit Theft (AFACT), but the original report is nowhere to be found. The article about the AFACT report also claims that the pirates are using their illicit profits promote drug smuggling. The seeming contradiction of film pirates investing in something that is riskier and less profitable doesn't seem to have caught the eye of the writers. One version of the 'drugs are less profitable than pirated DVDs' claim (with marijuana taking heroin's place) was debunked on the Commons Law mailing list. Pirated DVDs are sold for a fraction of the cost of the original. It would be obvious to anyone that DVDs that are typically sold for Rs.30-50, where the cost of manufacture alone may be estimable to be around Rs. 10, cannot be more profitable than heroin peddling. That apart, most online file sharing (deemed to be "piracy") is non-commercial. Thus the question of profit does not really arise. Still, for the industry, absence of a profit is equal to a loss.

Thus, the rhetoric of crime, and that too heinous crime, is continually used, despite its being completely inapposite. Why does used to try to make IP enforcement a matter of state concern, rather than a matter of private, and civil, interest. This way, illegitimate statistics and factoids are used to make individual file-sharers who earn no money get lengthy prison sentences. This and other ways in which IP enforcement has expanded are carefully documented in this paper by Susan Sell.

Repeating false 'statistics' does not make them true.

Again, we were subjected to a number of dubious claims during the conference: If only counterfeiting and piracy were eliminated, India's fiscal deficit would disappear; the Indian entertainment industry loses 16000 crore (USD 4 billion) yearly to piracy; 820,000 direct jobs are lost due to film piracy; software piracy costs the industry USD 2.7 billion annually, etc. These reports' methodologies have been thorougly discredited. Even The Economist, a very conservative and pro-industry newspaper, believes that the BSA-IDC annual reports on software piracy are utterly distorted. Similarly, in the U.S., the figure of 750,000 jobs (around 8% of the U.S. unemployed in 2008) being lost due to piracy were touted by everyone from the Department of Commerce, the Chamber of Commerce, U.S. Border and Customs Protection, and the MPAA, RIAA, and BSA. The amount of money lost each year in the U.S. due to IP infringement has been estimated to be between USD 200-250 billion (that's more than the combined 2005 gross domestic revenues of the movie, music, software, and video game industries). In a lengthy piece in Ars Technica, Julian Sanchez traces back the history of both these figures, and shows how they are just large numbers used for lobbying, and are not based on actual studies. The industry-commissioned Ernst & Young report ("The Effects of Counterfeiting and Piracy on India's Entertainment Industry") was never made available to the public at large, thereby making it impossible to judge the methodological soundness of the survey and the veracity of the figures.

IP expansion and more stringent enforcement is counter-productive.

Chander Mohan Lall, copyright lawyer to various film studios (including Warner Bros.) in India, used a number of short film clips in presentation during the conference. Upon being questioned about it, he admitted that he did not have permissions of the copyright holders, but claimed that his use fell under "the education exception" in Indian copyright law. While I wish he were correct (because what he was doing was indeed educational use), as per the law he is wrong. Section 52(1)(i) of the Copyright Act only exempts educational usage of cinematograph film recordings when "audience is limited to such staff and students [of an educational institution], the parents and guardians of the students and persons directly connected with the activities of the institution". While there are other arguments he could seek to use to make his usage of the film clilps non-infringing, being excepted by the educational fair dealings clauses isn't one of them. Thus, more stringent enforcement of IP rights actually engenders such unauthorized, but perfectly legitimate copying and communication to the public such as that done by Mr. Lall.

Another way in which IP enforcement is being sought to be increased is by way of the so-called Goonda Acts. These are generally statutes aimed at criminals and lumpen elements in society. The Maharastra version, the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981, just became the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates Act. The term "video pirate" is very widely defined, to include any copyright infringement-chargesheeter who is "engaged or is making preparations for engaging in any of his activities as a video pirates, which affect adversely or likely to affect adversely, the maintenance of public order". Public order is deemed to be disturbed by "producing and distributing pirated copies of music or film products, thereby resulting in a loss of confidence in administration". Thus video pirates can possibly be interpreted to include individual sitting at home and using P2P networks to share films. The only requirement is that they should have had a chargesheet lodged against them previously -- they needn't even have been convicted; being chargesheeted suffices. Thus, non-commercial activities of file-sharing are equated to bootleggers and drug smugglers, and preventive detention (an anti-civil rights relic of India's colonial past) is applicable to them.

IP expansion is happening without the ostensible justifications for IP being kept in mind. That Tirupathi ladoos are going to get GI (geographical indicator) protection was announced at the conference with great pride. Geographical indicators are used to protect consumer interests, to ensure that no one outside a particular region (Champagne) can lay claim to be producing that product (Champagne) if the production of that product is intrinsically linked to special features found in that region (climate, etc.). However, no devout person would want to purchase anything advertised as "Tirupathi ladoo" if it were produced outside the Venkateswara temple at Tirupathi, thus the question of consumer confusion does not arise. What if someone malignantly advertises something as Tirupathi ladoo and claims it was made in Tirupathi (and not just that it tastes like the ladoo made there)? Such a person can be taken to task for deceptive advertising, and there is no need for something to have IP protection to do so. This represents a senseless expansionism of IP. It is now IP for IP's sake.

One of the speakers, Mr. V.N. Deshmukh, who though pro-stringent IP enforcement, astutely noted that, "When local demand is not met, they [consumers] turn to counterfeiters and pirates." Local demand can be unsatisfied because of lack of supply, or because the supply is overpriced, or because the supply is not easy to access, or because what is supplied is inferior to what is demanded. At the end of the day, as William Patry, Google's lead counsel, has noted, what companies sell to the public are products and services, and not IP. It would thus be wise for businesses to be innovative and compete rather than trying to extend their monopolies and engaging in rent-seeking behaviour that is economical harmful to consumers. They would also do well to remember that IP is not only a product but an input as well, so they are ultimately consumers themselves. All the harsher laws and enforcement mechanisms that they push for right now will have unintended consequences, and come to affect them adversely.

For more details visit https://cis-india.org/a2k/blogs/fallacies-lies-and-video-pirates

Civil Society Letter Against TRIPS-Plus IP Enforcement

pranesh — 2011-09-22T12:48:51Z

This open letter was sent to the president of Confederation of Indian Industry (CII) and high-level government officials on the eve of the Third International Conference on Counterfeiting & Piracy organized by CII. This conference aims to strengthen the enforcement of intellectual property rights and thus creating an imbalance in the protection that intellectual property offers to both those who own it as well as those who don't.

An Open Letter to the President of Confederation of Indian Industry (CII) on the Third International Conference on Counterfeiting & Piracy

To
Mr. Venu Srinivasan
The President
Confederation of Indian Industry (CII)
The Mantosh Sondhi Centre, 23,
Institutional Area, Lodi Road
New Delhi - 110 003

Dear Mr. Srinivasan,

We understand that Confederation of Indian Industry (CII) is hosting the Third International Conference on Counterfeiting and Piracy from 19-20th August 2009 in partnership with the Embassy of the United States and the Quality Brand Protection Committee (QBPC), China. As stated in the invitation letter the primary objectives of the conference are: 1) to initiate coordinated action for cross border enforcement; 2) to highlight the importance of protection of intellectual property rights (IPRs); 3) to combat the growing threat of piracy and counterfeiting; 4) to facilitate a global meeting of customs officials across the globe; 5) to recommend the creation and setting up of a governmental “National Brand Protection” group; 6) to serve as a forum to discuss legal guidelines related to the prosecution of IPR infringement and to eliminate ‘loopholes’ within the existing laws; and 7) to strengthen cooperation between enforcement agencies and chalk out strategies for enforcement agencies a industry action both at national & international level. We also understand that this international conference is part of CII Intellectual Property Division’s special initiative on enforcement of IPRs. As part of this special initiative CII aims at “engaging government to create conducive legislative measures, policy levels reform and impressing [upon them] to adopt stringent enforcement initiatives and exemplary punitive and monetary measures to further safeguard and secure the interest of industry”. CII also wants to “create a global partnership to synergise efforts of international community and to support and participate in India's efforts in combating counterfeiting both at domestic and international levels”. We, the undersigned, representing various civil society organizations in India, write this letter to express our strong reservation on the conference as well as on CII’s special initiative on IP enforcement. Without raising any question on CII’s right to organize events we would like to convey the following concerns with regard to the conference and CII’s initiative on IP enforcement.

Many of the above mentioned objectives of the conference and the special initiative are directed towards the enhancement of intellectual property (IP) standards like coordinated action on border measures, common guidelines for prosecution of IP infringement, exemplary punitive and monetary measures, etc. In other words, enhancement of IP standards means using more public money to protect private rights; very often protecting the monopoly over intangible property rights of multi-national corporations (MNCs).

As you may be aware, MNCs and their developed country hosts are currently engaged in the implementation of a multi-pronged strategy to enhance IP enforcement standards.[1] This is similar to the MNC’s initiatives in the mid 80s to enhance international IP protection, which resulted in the Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS). Unlike the 80s, now MNCs and developed countries use multiple forums to pursue the objective of enhancement of IP enforcement standards. Some developed countries have unilaterally enhanced their IP enforcement strategy to force other countries, especially developing countries, to accept the same through various multilateral organizations, namely the World Customs Organization (WCO), World Health Organization (WHO), Universal Postal Union (UPU), Interpol, WIPO and WTO. Developed countries are also using Free Trade Agreements (FTAs), Bilateral Agreements on IP Enforcements as well as financing lobbyist studies, conferences and policy recommendations to impose higher IP enforcement standards. These efforts for the enhancement of IP enforcement standards are a matter of grave concern for the people of developing countries and their governments. By partnering with the US Embassy and Quality Brand Protection Committee of China (QBPC)[2] in the organization of this conference, CII is allowing itself to play in the hands of MNCs and some developed countries, whose interests do not match with that of India industries and that of the Indian people.

As you are aware, the Government of India is taking a very strong position in resisting enhancement of IP enforcement standards in all the multilateral forums. India along with like-minded developing countries successfully pushed back TRIPS-plus[3] IP enforcement agenda at WCO and WHO. India is also trying its level best to convince other developing countries the need to stick to TRIPS-compliant standards rather than adopting TRIPS-plus enforcement standards. In the wake of the controversial generic drug seizures by EU customs authorities, India has also raised the issue of TRIPS-plus IP enforcement standards contained in the EU IP Enforcement Directive at least two times at the TRIPS Council.[4] The Indian political leadership has unequivocally raised its concern over the enhancement of IP enforcement standards at other forums also.[5] In adopting this stance, the Government of India has cited public interest as well as the operating freedom of Indian industry as its justifications.[6] By partnering at this vital stage with an MNC lobby group and a heeding to developed country governments, CII is not acting in furtherance of the legitimate public interests of Indian domestic industry and the Indian people.

It is a well-evidenced fact that TRIPS-plus enforcement standards adversely impact not only legitimate trade between nations (as shown by the EU seizures) but also the day-to-day life of millions of people especially in India and other developing countries.[7] Unfounded IP enforcement measures would adversely impact access to life saving medicines and educational materials. Thus the IP enforcement measures also have the potential to deny right to development to people in the global South. Hence an organization like CII should not view IP as only a business tool but should look at the larger scheme of things especially in the social and economic realities of India. In fact, by promoting enhancement of IP enforcement standards CII is advocating a policy, which would violate the right to health, the right to knowledge, as also the right to development.

We would also like to point out that Indian pharmaceutical industry is one of the victims of TRIPS-plus IP enforcement standards. In 2008 alone, 17 consignments[8] were seized in transit at Europe using the EU Directive on IP Enforcement, which allows seizure of goods in transit.[9] These consignments were being exported from developing countries (such as India and Brazil) to other developing countries, and the contents of the consignments are perfectly legal in both the exporting as well as the importing nations. These highly questionable seizures resulted in the crisis of health programmes as it resulted in delays in and prohibitive costs of access to life-saving medicines in developing countries of Africa and Latin America. CII can barely claim to be representative of the interests of Indian industry if it ignores such episodes and partners with self-promoting MNCs and developed countries’ governments to advocate for the enhancement of IP enforcement standards.

In the light of above-mentioned issues, we request you to consider the following:

Rejecting the TRIPS-plus enforcement agenda in toto. We demand CII, Federation of Indian Chambers of Commerce and Industry (FICCI), Associated Chambers of Commerce and Industry(ASSOCHAM) and other Indian business associations to reject any and all attempts of bringing in a TRIPS-plus enforcement agenda in India, in the interests of Indian industry and the Indian people.
Completely disengaging from any collaborative efforts with foreign institutions to further TRIPS-plus standards of IP protection in India and also abstaining from any engagements on the anti-counterfeiting efforts with foreign agencies. CII should attempt to engage with domestic institutions and build national consensus before engaging with foreign institutions with the claim of representatives of Indian industry.
Taking necessary proactive steps to safeguard the interests of access to medicine and access to knowledge along with interest of the Indian domestic industry.
Participating in a more creative discussion on IP and development rather than simply accepting the simplistic and largely discredited view that stronger IP regime leads to more innovation and is a necessary condition for socio-economic development.

CC:
Shri Anjan Das
Senior Director & Head
Technology, Innovation, IPR & Life Sciences
Confederation of Indian Industry (CII)
Plot No. 249-F, Sector-18; Udyog Vihar, Phase-IV,
Gurgaon-122015, Haryana

Shri. P. Chidambaram
Minister
Ministry of Home Affairs
Government of India
North Block, Central Secretariat
New Delhi 110001

Shri G. K. Pillai
Secretary Justice
Department of Justice
Ministry of Home Affairs
Government of India
North Block, Central Secretariat
New Delhi 110001

Shri Naresh Dayal,
Secretary, Dept. of Health and Family Welfare
Ministry of Health and Family Welfare
Government of India
149-A, Nirman Bhawan, New Delhi – 110 011

Shri Ajay Shankar
Secretary
Department Of Industrial Policy & Promotion
Ministry of Commerce and Industry
Room 153, Udyog Bhavan,
New Delhi – 110 011

Signatories to this letter

Centre for Trade and Development (Centad), New Delhi
Centre for Internet and Society, Bangalore
National Working Group on Patent Laws, New Delhi
Lawyers Collective (HIV/AIDS Unit)
All India Drug Action Network (AIDAN)
International Treatment Preparedness Coalition (ITPC), India
Consumers Association of India, Chennai
IndoJuris Law Offices, Chennai
All Indian People’s Science Network, New Delhi
Delhi Science Forum
Alternative Law Forum, Bangalore
Knowledge Commons
Moving Republic
IT for Change
Centre for Health and Social Justice(CHSJ), New Delhi
Navdanya, New Delhi
Support for Advocacy and Training to Health Initiatives (SATHI)
Centre for Enquiry Into Health and Allied Themes (CEHAT)
Initiative for Health Equity & Society
International Peoples Health Council (South Asia)
Drug Action Forum – Dharwad, Karnataka
Dr. Mira Shiva, New Delhi
Tina Kuriakose, PhD Scholar, Jawaharlal Nehru University, New Delhi
Dr Gopal Dabade, Dharwad
Dinesh Abrol, Scientist NISTADS, CSIR, New Delhi
Madhavi Rahirkar, Lawyer/Consultant, Pune
Gautam John, Bangalore
Achal Prabhala, Bangalore

Endnotes

[1] See Susan K Sell, The Global IP Upward Ratchet, Anti-counterfeiting and Piracy Enforcement Efforts: The State of Play.
[2] QBPC barely qualifies as a representative of Chinese interest, as it comprises more than 180 multinational member companies.
[3] ‘TRIPS-plus’ refers to any protection of IPRs that surpasses the standards and requirements spelt out in WTO-TRIPS provisions.
[4] See Jonathan Lyn, India Brazil raise EU drug Seizures issue at WTO, available at http://www.livemint.com/2009/02/04232721/India-Brazil-raise-EU-drug-se.html
[5] Indian Minister of State for External Affairs Broaches Seizures of Generics at ECOSOC, available at http://www.keionline.org/blogs/2009/07/08/india-ecosoc-seizures/#more-2404
[6] Indian Commerce Secretary’s Speech to the African Community Ambassadors. available at http://www.centad.org/focus_77.asp.
[7] For two very recent examples, see Intellectual Property Enforcement: International Perspectives, Xuan Li & Carlos Correa (eds.) (2009); Anand Grover, Report of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, A/HRC/11/12 (2009).
[8] Jyoti Datta, 16 out of 17 drug consignment seizures in the Dutch were from India available at http://www.thehindubusinessline.com/2009/06/08/stories/2009060851700300.htm
[9] The EC Regulation No 1383/2003 allows for seizure of goods in transit.

For more details visit https://cis-india.org/a2k/blogs/civil-society-letter-against-trips-plus-ip-enforcement

Letter from Civil Society Organizations to CII

pranesh — 2011-04-02T15:15:44Z

A total of 29 groups and individuals expressed their concern about the drive by CII to introduce TRIPS-plus enforcement standards in India.

Original report in Business Standard

Govt accepts panel report against narrowing of Indian patent law

BS Reporter / New Delhi August 18, 2009, 1:14 IST

The central government has accepted the recommendations of an expert committee headed by former Council of Scientific and Industrial Research (CSIR) chief R A Mashelkar on patent laws. The committee had concluded that limiting the grant of patents for pharmaceutical substances to new chemical entities will be a violation of the TRIPS agreement of the World Trade Organization (WTO).

In effect, the committee endorsed the current position taken by India, in allowing patenting of known medicines if they have substantial new therapeutic uses.

The Mashelkar committee was formed after the government got passed the Patent Bill in 2005. It was assigned to see if the demand for narrowing the patent laws would breach India’s obligations under the WTO agreement. Mashelkar had presented the committee report in 2007, only for it to be withdrawn due to complaints of “technical errors”. The revised copy, submitted to the government few months ago, was accepted recently.

The move has come as a setback to many civic groups who were hoping to see a a constriction of Indian patent laws. The domestic lobby groups were heartened after a committee of Parliamentarians recently recommended changes in the existing rules to limit patenting of medicines to just “new chemical entities”.

In a letter to commerce minister Anand Sharma, the National Working Group on Patent Laws asked for the “recommendations of the Parliamentary Committee to take precedence over those of the Mashelkar committee.” It wanted the Mashelkar committee recommendations to be disregarded and appropriate amendments introduced in the Patents Act, 1970.

The civil society groups are stepping up protest against the “alleged” move to link “counterfeit” issues with intellectual property protection. In an open letter to Confederation of Indian Industry today, 21 groups have protested against the intellectual property enforcement initiatives of the CII.

“It is disheartening to note that the CII, being an Indian industry organization, is hosting the Third International Conference on Counterfeiting and Piracy from 19-20th August 2009 in partnership with American Embassy and the Quality Brand Protection Committee (QBPC), China, a body that comprises over 80 multinational corporations”, Linu Mathew Phillip, acting director of the Delhi-based Centre for Trade and Development said. “It is of immense concern to all of us, since higher norms of intellectual property enforcement necessarily undermine various other rights of the people at large, including the right to access to medicines and access to knowledge,” he added.

For more details visit https://cis-india.org/news/letter-from-civil-society-organizations-to-cii

Presentation at TIFR: 'Scholarly Communication in the Age of the Commons'

sachia — 2011-04-02T15:42:49Z

CIS Distinguished Fellow Dr. Subbiah Arunachalam will give a talk titled 'Scholarly Communication in the Age of the Commons' at TIFR, Mumbai, on Friday, 24 July 2009.

Dr. Subbiah Arunachalam, Distinguished Fellow, Centre for Internet and Society, Bangalore, Scholarly communication in the age of the commons, 24/07/09, 1600Hrs, AG-66

Abstract

Scholarly communication plays a central role in the creation and assimilation of new knowledge, especially in the sciences. In its turn scholarly communication depends on developments in technology. Unfortunately, scientists who do cutting edge science often follow communication practices of a bygone era and are therefore holding back the development of knowledge. In this talk we will look at state-of-the-art developments in scholarly communication and literature-based evaluation of science and see how we in India can benefit by adopting them.

About Dr.Subbiah Arunachalam

Subbiah Arunachalam is an information scientist. He has been an editor of scientific journals, teacher of information science, librarian, and a science writer. As Secretary and Editor of publications of the Indian Academy of Sciences, Bangalore, during 1973-75, he reorganised the publications of the Academy and helped enlarge its Fellowship. Currently he is actively promoting open access to science and scholarship. His interests include scientometrics, science journalism and ICT-enabled rural development.

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See the original posting at the TIFR website here.

For more details visit https://cis-india.org/news/presentation-at-tifr-scholarly-communication-in-the-age-of-the-commons

CPOV: Critical Point of View

nishant — 2009-07-13T09:07:42Z

The Centre for Internet and Society (Bangalore, India) and the Institute of Network Cultures (Amsterdam, Netherlands) seek to bring together ideas, experiences and scholarship about Wikipedia in a reader that charts out detailed user stories as well as empirical and analytical work to produce.. The organisations will jointly host two separate conferences aimed at building a Wikipedia Knowledge Network and charting scholarship and stories about The Wikipedia from around the world.

CPOV: Critical Point of View

Wikipedia and the Politics of Open Knowledge

Proposal for a research network, two conferences and a reader

Organized by Centre for Internet & Society (Bangalore, India) and the Institute of Network Cultures (Amsterdam, Netherlands)

Introduction: It would be no exaggeration to state that Wikipedia is at the brink of becoming the de facto global reference of dynamic knowledge. The highly visible clashes amongst opinion leaders, university professors, Web 2.0 ‘evangelists’ and publishers over accuracy, anonymity, trust, vandalism and expertise only seem to fuel further growth of Wikipedia and its user base. In this respect, what does it mean to now say that Wikipedia has become “mainstream”?

The accelerated growth and scope of Wikipedia as a knowledge reference of universal ambition is unheard of. The Google search engine gives preferential treatment to Wikipedia in an attempt to beat search engine optimizers and to provide a more fruitful experience to its users. Apart from leaving its modern counterparts Britannica and Encarta in the dust, such scale and breadth places Wikipedia on par with such historical milestones as Pliny the Elder's Naturalis Historia, the Ming Dynasty's Wen-hsien ta-ch' eng, and the key work of French Enlightenment, the Encyclopédie.

Wikipedia owns a whole set of characteristics – including number and automation (bots) of contributors, regularity of updates, fluidity, ease of search, number of languages, and growing user base. In doing so, this online encyclopedia might be cited as the most visible and successful example of the migration of FLOSS (Free/Libre/Open Source Software) principles into mainstream culture. Those of us who believe in pluralism, and the possibility of another world have reason to celebrate and defend Wikipedia from intellectual- property-right-maximalists and promoters of proprietary models of knowledge production and dissemination. However, such celebration and defense should contain critical insights, informed by the changing realities of the Internet at large and the Wikipedia project in particular.

The Wikimedia Foundation has recently employed its first research analyst and provides spaces for “Wikipediology”, including projects such as the Wiki Project on vandalism studies. Nonetheless, critical Wikipedia research should also be done outside the self-reflexivity of the Wikimedia Foundation and its community. There is an urgent need for quantitative and qualitative research from an Humanities and Arts perspective that could benefit both the wider user base and the active Wikipedia community itself.

More than this though, as one of the largest if not the largest self-contained general knowledge reference of our time, Wikipedia offers critical insights into the contemporary status of knowledge, its organizing principles, function, and impact; its production styles, mechanisms for conflict resolution and power (re-)constitution. New strategic and tactical operations of knowledge/power are clearly at work. The concept of the open remains ambiguous in this formation, serving as both a rallying concept and masking new agonistic encounters.

By permanently (re)formulating the open and inclusive as the guiding Wikipedia principle being formulated by the community itself, one might also look at this norm as a narrative or even call it a founding myth. For example, the demographic profile of the Wikipedia editor as a white male geek with a limited mono-cultural worldview based on Western rationality remains a concern. However, the question of (non)diversity being formulated in Wikipedia discussions needs also to be posed beyond existing stereotypes and at the general level of discourse. The question of (post)identity and representation is not necessarily resolved via the discursive construction of 'inclusion', if such inclusion may require leaving competing knowledge histories and practices at the door and if it puts a culture of editing not next to a culture of listening/hearing.

In the most material and perceptional way, every new technology modifies conditions of possibility for knowledge. The logic of technologies bleeds into the very structures and organizing principles of knowledge and today, both medium and message may reflect the ideas of the (organized) network, multitude or the Deleuzian machine. It is through a selected mix of technological and normative conditions – the distributed architecture of the net, the Wiki software platform, commons-based property licenses and the FLOSS zeitgeist – that Wikipedia as the encyclopedia of the information age emerges, both continuing and transforming the Enlightenment encyclopedic impulse or will to know.

The authors of these proposal are aware of the seemingly conflicting overarching research agenda: At one level is a philosophical, epistemological and theoretical investigation of knowledge artifacts and social, culture construction in terms of , authority and politics. At the other level the research agenda is an empirical, anecdotal, sociological investigation of the specific phenomenon of the Wikipedia. This has been done on purpose so that the learnings from theoretical research activities can inform practice oriented research and vice-versa.

Overall the conferences and reader may include the following areas inviting theoretical, empirical, practical and art-based contributions:

WikiTheory (opening session)
Wikipedia and Critique of Western Knowledge Production
Encyclopedia Models-- from 18th to 21th Century
Wiki Art
Designing Debate
Critique of Free and Open
Global Politics of Exclusion
The Place of Resistance
Wikipedia and Education
Wiki-analytics, Wikipedia as Platform and Software Studies
Wikipedia and Conditions of Knowledge Production

Descriptions of the Sessions/Fields of Interest

1. WikiTheory – Mining for Concepts (opening session)

Besides providing a general overview of the topics to come, and with an emphasis on diverse global approaches, the aim here is develop concepts that could be used in further research and that could fit into larger projects on Internet culture and the critique of the free and open. Is it possible to develop a counter-hegemony of critical practices that situates itself in the midst of technological cultures? What kind of critical lessons does Wikipedia provide in the face of overwhelming Web 2.0 hype and P2P utopianism? How can a radical Wikipedia critique be developed that does not present itself as the cynical ‘I told you so’ outsider or mimic the neo-conservatist position of Andrew Keen? What kind of insight can Wikipedia offer regarding the continuing tension between knowledge and information?

2. Wikipedia and Critical Histories of Western Knowledge Production

This session may include topics like: western vs. non/post-western knowledge production, textual vs. oral tradition, visual vs. textual knowledge, Wikipedia and language diversity, and indigenous knowledge.

The persistence of almost buried master-narratives: The Western tradition of Enlightenment tends to permeate both common and official understandings of knowledge on Wikipedia. Mirroring the Enlightenment itself, Wikipedia both offers a very particular type of knowledge and simultaneously makes claims upon the universal - e.g. in the formulation of visionary goals, structure of articles, author positions, writing style, categorization of entries, conflict resolution models and so on. The ways in which such ideals persist and continue to bear their mark on the present in often subtle ways requires further attention. Indeed, the 'grand narratives' of the Enlightenment that Jean-Francis Lyotard claimed had retreated with the emergence of 'computerized societies' continue to inform the popular imaginary in ways largely untouched by the deconstructive moment. Frederic Jameson once referred to this as the 'persistence of buried master-narratives', a 'political unconscious' that guides decisions irrespective of philosophical status. Likewise, this resonates with Foucault's urge 'to reveal a positive unconscious of knowledge' as that which performs the task of subjugation but operates beyond contention. What matters here is not truth or belief, but operation.

The predominance of textual or even linguistical cultures: The current system of Wikipedia citation prejudices textual systems of knowledge over oral and visual systems of knowledge. This under-values the knowledge systems of cultural memory and related technique such as mnemo techniques or oral poetry on the one hand, and illiterate populations on the other hand.

3. Encyclopedia Models-- from 18th to 21th Century

The word made durable: In this session we want to give an overview of various attempts to create a collection of global knowledge. In order to get a better understanding of the cultural specificity of the underlying code on which Wikipedia is built, this topic seeks to dig further into the histories of the encyclopedia. D' Alembert's Preliminary Discourse to the Encyclopedie is often described as the most succinct statement of European Enlightenment, and the Encyclopedie itself as the material project of Enlightenment. It is through the Encyclopedie that the Enlightenment becomes durable, tangible and disseminated. What can be learned by examining such historical precedents?

Encyclopedias have been said to be sources of national images and stereotypes of the self and the other within Europe. In Wikipedia image construction tends to be both disembogue and masked in favor of a cosmopolitan, global self-understanding. This session might interrogate to what extent knowledge production’s construction of national images is shifted from a discursive to an automatic georeferencing system of construction.

As machines think (or maybe Knowing Machines or The Machinic Intellect): This session may also look to historical attempts to revolutionize knowledge through the creation of new technologies and to what extent these alternate histories resonate with Wikipedia specifically and the technologies of the Net as driven by knowledge imperatives more generally. Examples include the Mundaneum, the Memex, the Galactic Network and project Xanadu.

4. Wikipedia Art

Art at the gates: Wikipedia Art is understood both as artwork and intervention. Taking place largely on Wikipedia itself, the project Wikipedia Art was considered controversial and was quickly removed (see recent debate on nettime-l). What does this project reveal about this type of knowledge production? What is the threshold of legitimacy for this type of knowledge and how are the boundaries policed? What is at stake in the rejection of art?

5. Models of Disambiguation and Designing Debate

May include topics like: Dissent made visible, After Talk / Alerts / Mailing Lists, the role of forum software, technical opportunities for discontent, barnstars/award culture.

The paradox of neutrality: The Neutral Point of View policy of Wikipedia does not always accurately depict the state of debate on topics: The view held by a corporate lobby, using funded research, will find equal space as the opinions of thousands of disadvantaged persons who might be impacted by the actions of the corporate lobby. Would it make sense to replace the NPoV policy and think about Wikipedia as a space of open political agonality; as a battle for meaning underpinned by the desire for reason?

New crises of authenticity: As Wikipedia gains the status of default reference for other printed textual knowledge artifacts – there are emerging challenges of representation; longevity born digital references; digital manipulation of sources; and circular referencing. Shuddhabrata Sengupta of CSDS/Sarai says “Wikipedia encouraged in its community the active exercise of a critical and skeptical attitude towards any received form of knowledge”. In this context the evolving notions of authenticity has to be further interrogated given the rise of peer-produced knowledge and the diminishing cult of the expert.

6. Critique of Free and Open

May include topics like: the parasite model of free culture (“You work for free, others will make the money from your free labour.”), governance, the role of developers, economy of Wikipedia, the beliefs of the founders as the political foundation of Wikipedia, critical interrogation of knowledge in relation to 'the open'.

Vacuous collaboration: Master concepts like freedom and openness are at constant risk of remaining empty or constituting an ‘empty signifier’. The failure to fill such concepts has lead to many descriptions of Wikipedia as 'collaborations' or even 'ad hoc meritocracies' (Alex Bruns). Both these second-tier notions also tend to mask the reconfiguration of the political and new forms of closure.

Paid and voluntary community manipulation: Many Wikipedians hold strong opinions on range of sensitive areas including identity, religion, science, politics, culture, and use sophisticated techniques such as astro-turfing on Wikipedia. Additionally, some states, corporations and organized religious groups sometimes pay specialists to engage in astro-turfing in order to remove critical opinions and rewrite information from Wikipedia.

7. Global Politics of Exclusion

May include topics like: non-western, language, connectedness, oral histories, women, non-geeks.

Tyranny of the connected: In societies which are compounded by digital and participation divides, the connected usually always win over those who don't have access and time to spare.

Gendered Knowledge: While women are strongly represented among readers, globally, they are hardly represented among contributors. In offlist chats, women express that they do not feel comfortable when contributing to Wikipedia conversations. They even felt silenced by the perception of Wikipedia as a masculine tech culture. Some women have already created an alternative space of discussion at wikichix.org. Does the separation of discussion spaces and the marginalization of domestic issues and social impacts on Wikipedia turn back time?

Morality laundering: Moral standards that exist in one country are being exported to other countries via Wikipedia. For example, photo-realistic images of human bodies on pages dealing with sexuality and anatomy are being replaced with drawings. Does this type of common denominator approach undermine the pluralism of global sexuality? The call and eventual refusal of image censorship for the entry on Mohammad represents a similar scenario.

Language diversity: Despite the self-imposed normative claim of language diversity and the self-description of Wikipedia as a truly multi-lingual project, English is the Lingua Franca in translingual meta projects and policy discussions. Also, on the level of content, is the English Wikipedia the 'Leitmedium' in terms of (content) synchronization. In what other ways does the language divide operate on Wikipedia?

Global governance: Governance of Wikipedia has evolved and become increasingly sophisticated to match its phenomenal growth and the attention it has garnered. While these changes in governance have managed to sustain the growth of Wikipedia and prevent its credibility from being undermined, there is a need to understand the impact that various governance mechanisms have on the different incarnations of Wikipedia throughout the world. Such analysis should consider separately (and compare) different national chapters, plus extend beyond Wikipedia projects to the governance of the Wikimedia Foundation.

Form and format: As the Wikipedia becomes a standard of documentation and knowledge archive, it becomes important to focus on traditional, oral and ephemeral knowledges which might die because of the limitations of technologised platforms to capture them. Oral histories, community knowledges, incipient systems of documenting personal and collective memories, etc. start getting lost as the logo-centric, ‘objectively verifiable’ structures of knowledge production come into being. Rather than a critique of Wikipedia, analysis needs to concentrate on ways by which such knowledge systems are not lost and further tools which need to be developed in order to make them accessible and visible.

8. The Place of Resistance

Why do people resign from Wikipedia? Are critical voices silenced by the majority of the mass? Does the exclusion of the Wikipedia Art project reveal that within Wikipedia is no place for contesting forms, repertoires, styles that go beyond linguistic approaches? Rituals and mechanisms of exclusion offers critical insights into the contemporary status of resistance formation in an paradigmatic age of diversity and inclusion. Going beyond and extending the thinking of social movement scholars such as Touraine or Melucci the study of Wikipedia might inform culture and identity approaches of social movement studies and vice versa.

Can Wikipedia said to be a social movement and/or how do social movement actors appropriate the Wikipedia to built alternatives?

9. Media Literacy and Education

Knowing about knowing: While technologies like newspapers, television, radio and cinema have given birth to educational institutions that engage in media studies, thereby providing tools for the discerning citizen-consumer and future professional, there is still much work required to develop similar critical models for emerging projects like Wikipedia. The common institutional (non)response to warn against the ‘dangers’ of Wikipedia-like projects and discourage or ban their use seems grossly inadequate. The rise of 'prosumers' suggests a need for new 'production literacies' in addition to the traditional 'consumption literacy'. Furthermore, there is also a growing number of meta projects on Wikipedia that seek cooperation with schools and academia. But is the Wikimedia foundation and select national bodies the legitimate actors to teach media literacy or is this rather a public relations effort? What would Wikipedia literacy entail?

10. Wiki-analytics, Wikipedia as Platform and Software Studies

Possible Topics: Protocological Knowledge, Knowledge vs. Information, Cultural Analytics, Cybernetics in the present, (Un)dead labour and the posthuman bot.

Knowledge in the neighborhood of software: Can we start thinking of Wikipedia as an interplay of editors and technology, since software and notification systems are such an important part of the Wikipedia project? Indeed, whilst humans argue over knowledge statements, 'bots' do much of the dirty work and general knowledge housekeeping – a kind of (un)dead labour. The presumption here, of code as politics, is that the wiki principles themselves need to be debated from a perspective of software studies. To what extent has bot politics triumphed over vernacular expertise or lead to an empowerment of the e-tech geeks in knowledge projects? Related to this is the question of the cultural history of Wikipedia as a platform. What is the relation between policy formation and technical protocols? Is Wikipedia knowledge Cybernetic?

Wikipedia as a data set: Besides the automation participation in the form of the bot, Wikipedia is an information artifact through and through. What kind of data analysis techniques can contribute to a radical critique or illuminate network regularities beyond human interpretation? What additional anonymised data sets of edit and use history should be released by the Wikimedia Foundation to promote media literacy and education.

11. Wikipedia and Conditions of Knowledge Production

Possible Topics: Politics of knowledge production, question of authority, The fallacy of objectivity, Wikipedia and the Public Sphere.

The alarm that traditional bastions of knowledge production and consumption (like universities and publishing houses) raise against Wikipedia, brings into sharp relief, the fact that the Wikipedia is a part of a much larger knowledge production industry. With the Wikipedia’s integration into more ‘mainstream’ usage, it becomes necessary to focus on how the emergence of such a space (and the principles it embodies) also affects the much larger and global politics, aesthetics and mechanics of knowledge production. Wikipedia has substantially changed academic trends of publication, citation, classroom pedagogy and research. It has also been central to many debates about who produces knowledge and who has the ‘right’ to be an Authority on the knowledge thus produced.

Moving beyond the class-room and questions of plagiarism or teaching, there is need to investigate the pre-conditions and the contexts within which Wikipedia emerges, and the kind of questions it poses to processes of knowledge production, consumption and verification.

Production Details

Besides setting up a network for critical Wikipedia research with its own mailing list and organizing two events early 2010 in Bangalore and Amsterdam (to start with), the aim is to gather materials for a Wikipedia Research Reader that will be published in the INC Reader series around September-October 2010.

Research and editorial group: Geert Lovink and Sabine Niederer (Amsterdam), Nathaniel Tkacz (Melbourne), Sunil Abraham (Bangalore), Johanna Niesyto (Siegen), Nishant Shah (Bangalore).

Contact info:

Sunil Abraham: sunil@cis-india.org

Nishant Shah: Nishant@cis-india.org

For more information on how to apply to the Bangalore WikiWars conference, please click here.

For more details visit https://cis-india.org/research/conferences/conference-blogs/Wikiwars

Centre for Internet and Society

Open Debate

Open Debate

Standards diluted

Open standards

Multiple standards

Right to Read Campaign - Kolkata

Arguments Against the PUPFIP Bill

Summary

How is the legislation unnecessary?

How is the legislation harmful?

Additional resources

Arguments

How is the legislation unnecessary?

1) The Indian government does not have vast reserves of underutilized patents, as the U.S. did in 1980.

2) Technology transfer is very important, but pushing IPRs aggressively is not the best way of ensuring technology transfer.

How is the legislation harmful?

1) Excessive patenting lead to gridlocks and retard innovation.

2) The legislation makes mandatory that which is optional now, and is anyway being followed in many institutions.

3) Copyright, trademark, etc., seem to be covered under the definition of "public funded IP".

4) It will result in a form of double taxation for research, and will increase the consumer cost of all products based on publicly-funded research.

5) It could have unintended consequences of varied kinds, including discouraging fundamental research as well as discouraging industrial research.

6) Non-disclosure requirements in the Bill restricts the dissemination of research within the academic community, and curtails freedom of speech.

7) Exclusive licensing enables restriction on the dissemination of academic research in the marketplace, and increase in cost of products based on public-funded research.

Additional Resources

On the PUPFIP Bill

On Bayh-Dole

Resources

PUPFIP

News-related/General Coverage

Scientific Culture

Analytical Pieces

Bayh-Dole

Technology Transfer

Scientific Culture

Evaluative Pieces

General Resources

IP Alternatives

The South African Telecommunications Sector: Poised for Change

About the Speaker:

Abstract of the Lecture: The South African Telecommunications Sector: Poised for Change

National Conference on ICTs for the differently- abled/under privileged communities in Education, Employment and Entrepreneurship 2009 - (NCIDEEE 2009)

About Loyola College:

Organizers

Program

Track 1:

Track 2

Track 3

Track 4

After 15 Years, Is Free Access to Law Here to Stay?

Handy Origins of the winds of change

Negative of porn

Anti-porn

Deconstructing ‘Internet addiction’

Generational gap

Fallacies, Lies, and Video Pirates

Something being substandard is not the same as something being counterfeit.

Counterfeiters and pirates are not always seeking to fool consumers.

While commercial film piracy funds terrorists, so does pretty much every business activity.

"To copy without authorization is to steal", the death penalty, and drug peddling.

Repeating false 'statistics' does not make them true.

IP expansion and more stringent enforcement is counter-productive.

Civil Society Letter Against TRIPS-Plus IP Enforcement

An Open Letter to the President of Confederation of Indian Industry (CII) on the Third International Conference on Counterfeiting & Piracy

Signatories to this letter

Letter from Civil Society Organizations to CII

Govt accepts panel report against narrowing of Indian patent law

Presentation at TIFR: 'Scholarly Communication in the Age of the Commons'

Abstract

About Dr.Subbiah Arunachalam

CPOV: Critical Point of View

CPOV: Critical Point of View

Wikipedia and the Politics of Open Knowledge

Descriptions of the Sessions/Fields of Interest

Production Details

Contact info: