Centre for Internet and Society

Father-son duo promote Punjabi online

praskrishna — 2014-02-06T01:52:17Z

A father-son duo has been working to include more information about Punjab and Punjabi on Wikipedia, the online encyclopaedia.

The article by Jatinder Preet was published in the Sunday Guardian on February 1, 2014.

Charan Gill and his son Satdeep Gill have written hundreds of articles in English, Hindi and Punjabi in both Shahmukhi and Gurmukhi scripts. The father-son duo recently represented Punjabi in the first ever Train the Trainer Program in India, held at the Centre for Internet and Society (CIS-A2K) in Bangalore. The four-day event was organised for capacity building amongst Wikimedia volunteers for effective and efficient outreach programs in their respective regions to expand the Wikimedia movement in India, informed Charan Gill.

Satdeep Gill, a graduate student at Punjabi University, Patiala was already a contributor to the Punjabi Wikipedia when he attended a workshop held by veteran Punjabi Wikipedian G.S. Guglani. Satdeep became quite active after the workshop and soon his father too joined in. Charan informs he has contributed around 2700 articles, while Satdeep who is one of the administrators, has written around 600 pages. When he started there were around 3000 articles and there were too many factual and other errors, said Charan. He started editing older articles and adding newer ones along with Satdeep. There were others who joined in and now it has around 8700 articles. "Our target is to reach 10,000 by April," said Charan.

For more details visit https://cis-india.org/news/sunday-guardian-february-1-2014-jatinder-preet-father-son-duo-promote-punjabi-online

FAQ: CIS' Proposal for Compulsory Licensing of Critical Mobile Technologies

rohini — 2016-02-14T04:40:29Z

Earlier this year, the Centre for Internet & Society (CIS) had proposed that the Government of India (GoI) initiate the formation of a patent pool of critical mobile technologies and mandate a five percent compulsory license. The proposal was made in light of ongoing litigation in India over standard essential patents pertaining to mobile technology, and the government's own “Make in India” and “Digital India” programmes.

Read CIS' proposal to the Government of India regarding the formation of a patent pool here. To read about ongoing litigation in India over standard essential patents pertaining to mobile technology, click here.

1. How did CIS arrive upon the figure of 5 percent as the compulsory licensing fee for the patent pool?

As part of foreign technology agreements, the Department of Industrial Development (DID) introduced a ceiling of 5 percent on the royalty rates charged for domestic sale and 8 percent for export of goods pertaining to "high priority industries" in the year 1991. Royalties higher than 5 percent or 8 percent, as the case may be, required securing approval from the government[1]. While 1991 was too early for the mobile device manufacturing industry to be listed among high priority industries, the public announcement by the government covered computer software, consumer electronics, and electrical and electronic appliances for home use[2]. In 2009, another department under the Ministry of Commerce and Industry, the Department for Industrial Policy and Promotion, revoked the cap on royalty rates[3]. Sanjana Govil throws some light on why government regulation on intellectual property was introduced in the early 90s and how it succeeded in reducing the flow of money out of India: Putting a Lid on Royalty Outflows — How the RBI can Help Reduce India 's IP Costs.

The situation in 1991 is somewhat analogous to the current one where most of the patent holders in the mobile device technology domain are multinational corporations, which results in large royalty amounts leaving India. At the same time, litigation over patent infringement in India has thwarted the manufacture and sale of mobile devices of homegrown brands. Additionally, these developments are detrimental to the Modi government’s aim of encouraging local manufacturing as well as strengthening India’s intellectual property regime.

2. How would royalties be distributed among patent holders in a patent pool where a single fee of 5 percent is being charged?

A patent pool formed for the purpose of compulsorily licensing the patents contained in it can be managed by combining government intervention with the governance structure of a voluntary patent pool. Vikrant Narayan Vasudeva enumerates the different approaches to setting royalty rates in a patent pool once a “royalty base” has been established[4]:

● Rule of Thumb

● Numerical Proportionality

● Industry Standards / Market or Comparable Technology Method

● Discounted Cash Flow

● Ranking

● Cost-based Rate Setting

● Surrogate Measures

● Disaggregation Methods

● Option Methods

● Competitive Advantage Valuation (R)

3. The letter implicitly suggests that litigation intended to protect the interests of patent holders could potentially have a chilling effect on government initiatives, local innovation and the interests of consumers. Is there evidence to support this?

Though there is a thin line between legitimate application of legal remedies and chilling effects, the ramifications of the acitivies of non-practising entities (NPEs), of strategic lawsuits against public participation (SLAPP suits), and of frivolous lawsuits provide plenty of evidence to support making such a proposal.

Some indicative examples:

Patent trolling pays: Since 2010, trolls have made 3 times as much money in court as real companies

Kootol (India-based troll with US and European patent applications) sends notices to many companies regarding Twitter/Facebook-style feeds

Alleged troll that sued eBay over PTO reexamination dismisses lawsuit

Patent Troll Lodsys Settles for Nothing to Avoid Trial

Why I’m not paying the Troll Toll

[1] Press Note No. 12 (1991 Series), Procedures in respect of foreign technology agreement, http ://eaindustry .nic .in /handbk /chap 003.pdf, Last accessed September 16, 2015.

[2] Press Note No. 10 (1992 Series), Revised List of Annex-III items, http ://eaindustry .nic .in /handbk /chap 005.pdf, Last accessed September 16, 2015.

[3] Press Note No.8 of 2009, Liberalization of Foreign Technology Agreement policy, http ://dipp .gov .in /English /acts _rules /Press _Notes /pn 8_2009.pdf, Last accessed September 16, 2015.

[4] B. Setting Royalty Rates, Patent Valuation and License Fee Determination in Context of Patent Pools, Vikrant Narayan Vasudeva, http ://cis -india .org /a 2 k /blogs /patent -valuation -and -license -fee -determination -in -context -of -patent -pools, Last accessed September 16, 2015.

For more details visit https://cis-india.org/a2k/blogs/faq-cis-proposal-for-compulsory-licensing-of-critical-mobile-technologies

Fab to Fabless: Understanding the Process of Chip Manufacturing (Interviews with Semiconductor Industry - Part 2)

maggie — 2014-12-26T12:06:48Z

This is the second of a four-part blog series highlighting findings from a small sample of interviews with fabless semiconductor industry professionals in Taiwan. These industry insiders was approached for the intent of understanding expert knowledge on the process of integrated circuit design. This post explores the process of chip manufacturing and the foundry business model.

See the first blog post here.

Studies have shown that Taiwan's integrated circuit manufacturing sector have shown spatial and industrial knowledge spillover, resulting in "increased information diffusion, interaction and communication, innovation, and intellectual capital.". Market research company IC Insights found that Taiwanese and Chinese companies represented five of the eight fastest-growing fabless integrated circuit ("IC") suppliers in 2013.

The Pervasive Technologies: Access to Knowledge in the Marketplace project is looking at the accessibility of networked communication technologies in the mass market within the sub-100 dollar range. This has resulted in a narrowing of the research scope to the mobile phone due to the pervasiveness of the mobile for accessing Internet, as understood by exploring the trends in technology usage models as explored in Part I of this blog post series: Trends and Changes in Technology (Part I of IV).

The need to understand the full story of the mobile phone production led CIS to Taiwan to understand the beginnings of the manufacturing process - the development of an integrated chip. The interviewed professionals all represented fabless IC semiconductor design companies which operated via a foundry business model where the actual fabrication is outsourced.

According to one expert whose company earned 50% of its revenue from mobile chipsets alone, the process of the mobile phone manufacturing begins at the fabless design stage, where fabless IC design companies design a chip following consultation with the fabricators to specify the mechanical constraints of the process (the size of the die, the minimum size of the wiring line, etc.) to ensure design requirements are met, and to negotiate the costs of production. Another interviewee highlighted that during this design phase, there are three clear goals: 1) Upgrade performance, 2) Reduce cost by integrating features, and 3) Reduce power consumption.

These particular companies provided insight to some of the commonly licensed technology that went into a smartphone chipset. This included the central processing unit (CPU) from ARM Holdings, who in 2010 held 95% of the CPU marketshare in smartphone technology, and have only increased since then. One of the interviewed companies also uses the graphics processing unit (GPU) intellectual property from Imagination Technologies, which after Qualcomm had the 2nd largest market share of IP for personal devices in 2013. Qualcomm who owns the most patents to the 3G standard with over 250 licenses in its CDMA portfolio has made considerable revenue gains thus far, but some analysts predict due to a transition into 4G technology without the same dominant 3G portfolio, they will lose their dominant market position.

Having taken into account these IP into the design process, the design is then sent to fabricators such as the Taiwan Semiconductor Manufacturing Industry (TSMC) who in 2013 owned at least 50% of the world's global maker share in fabrication, and others like the United Microelectronics Corporation (UMC) and Global Foundries). According to the interviewee, the fabrication process requires about 2-3 months.

This foundry business model is a result of increased efficiency and division of labour. Fabrication plants require large amounts of investments into manufacturing facilities. According to interviewees, one would have to spend an average of 5-10 billion USD to built a fabrication plant now. Since plants like TSMC exists, semiconductor industries can now focus on their area of expertise, which is design and customer relationship, and optimize their synergistic relationship for gains for all.

One of the recent revolutionary developments which have contributed to low-cost smartphone manufacturing has been the turnkey solution chipset, which includes the hardware reference design, the printed circuit board, the software, and instructions for how to create a mobile phone. This turnkey solution, amongst other electronic parts, are sent for white box packaging, then shipped to a distributor like WPG Holdings who are the largest electronics distributor in Asia. WPG and others will then distribute these chips and other related products to their customers, the smartphone manufacturers. This entire production cue takes about 3-4 months.

The turnkey solution as mentioned before vastly contrasts the traditional manufacturing process of a mobile phone, where a chip could be designed, given to the original equipment manufacturer (OEM) who would then design all the remaining parts. There used to be a very clear division of labour. Now, one interviewee explained, manufacturers will "buy a turnkey solution, open a factory, take a chassis (case), screw it all together, and sell it. This is what's driven the demand, and that's what created this low cost-market."

According to our interviewees, the low-cost production of this turnkey chip solution is the reason how so many of the phones in the sub-$100 dollar market exist today.

P.127 of Tsai, Diana H. A. “Knowledge Spillovers and High-Technology Clustering: Evidence from Taiwan’s Hsinchu Science-Based Industrial Park.” Contemporary Economic Policy 23.1 (2005): 116–128. Print.

IC Insights. “Taiwanese and Chinese Companies Represented Five of Eight Fastest Growing Top-25 Fabless IC Suppliers in 2013.” IC Insights. N.p., 7 May 2014. Web. 3 Sept. 2014.

Morgan, Timothy Prickett. “ARM Holdings Eager for PC and Server Expansion.” The Register, Feb. 2011. Web.

Trefis Team. “Why Qualcomm’s Royalty Rate Will Continue To Decline.” Forbes, 10 June 2014. Web.

Wang, Lisa. “TSMC Eyes 50% Global Market Share.” 26 Mar. 2014: 13. Print.

For more details visit https://cis-india.org/a2k/blogs/interviews-with-semi-conductor-industry-professionals-in-taiwan-2

Exploring Wikimedia platforms in Dialogue on the Urban Rivers of Maharashtra

subodh — 2018-05-07T16:25:11Z

INTACH (Indian National Trust for Art and Cultural Heritage) and SANDRP (South Asian Network of Dams, Rivers and People) organized “A Dialogue on the Urban Rivers of Maharashtra” on 20-21 April 2018 from 9:00am-5:30pm at Yashada, Pune.

In the last year, we have developed good rapport with organisations and citizen science groups working on water related issues. Thematic workshops and awareness sessions were conducted with some of them. We have started discussing about 'Wiki Meets/Takes River' Campaign with these networks. INTACH and SANDRP are two potential groups which work on rivers across India with commitment. We have opportunity to collaborate in other states also.

We gave inputs on 'Exploring Wikimedia platforms for spreading knowledge about Water, Dams & Rivers'.

Outcome

The river dialogue was very meaningful and action oriented. Last month, we were able to launch process to build knowledge repository called - Van Bodh - related to biodiversity, forest and tribals with Tribal Research & Training Institute & other thematic groups. Through this dialogue, various thematic groups & Govt organisations formed consensus on evolving - Jal Bodh - a knowledge repository on Water related issues. Prof Madhav Gadgil and myself prepared a concept note for further discussions and process development. Yashada will be nodal agency to execute the project.

For more details visit https://cis-india.org/a2k/blogs/exploring-wikimedia-platforms-in-dialogue-on-the-urban-rivers-of-maharashtra

Exploring the Internals of Mobile Devices — Report from a One-day Workshop at TERI

jdine — 2012-12-01T05:57:53Z

On October 27, 2012, the Centre for Internet & Society (CIS) organised a one-day workshop on exploring the internals of mobile technologies at the TERI Southern Regional Centre in Bangalore. The workshop received more than 140 registrants, of which approximately 40 attended. In this post, Jadine Lannon explores the discussions and the developments that took place at the workshop.

The event brought together professional and non-professional individuals and communities interested in exploring mobile technologies. The aim of the workshop was the provide participants with the knowledge and tools to better understand the internals of mobile technologies as well as familiarize the attendees with CIS's "Pervasive Technologies" research project.

Anil Kumar Pugalia, Sudar Muthu and Pankaj Bharadiya were the expert speakers. The event was supported by the well-established online security, hardware and software domain communities NULL, SecurityXploaded, Computer Club India and Bangalore Android User Group.

Sudar Muthu: Capabilities of Arduino

Capabilities of Arduino (including Due) from Sudar Muthu	Sudar Muthu began the workshop with a talk on the capabilities of Arduino and the ways in which Arduino can be used to interface with different external devices. He discussed with us different types of Arduino, the technical specifications of Arduino, the ways that Arduino can be used to interface with external boards and the interfacing that he has been able to accomplish using Arduino and various devices. The slides from his Powerpoint presentation are viewable on the left.

Anil Kumar Pugalia: Mobile Hacking using Linux Drivers

Anil Kumar Pugalia followed Sudar's presentation with an exploration of methods of mobile hacking using Linux drivers. He discussed various Linux kernel hacking techniques as well as tools that can be used to perform reverse-engineering on a mobile device. The slides from Anil's presentation can be accessed on the right.	Mobile Hacking using Linux Drivers from Anil Kumar Pugalia

The following two talks were delivered by Pankaj Bharadiya from Texas Instruments. In his first presentation, he explored hardware hacking and board/chips capabilities. His second talk was on porting open software on hardware. In addition to his discussions, he also covered porting Android on open hardware. The slides from his presentations will be posted shortly.

After all the presentations, the participants were invited to handle and open up the 12 mobile devices that CIS purchased for our Pervasive Mobile Technologies research project. The participants worked in teams of two to five members to open up the mobile devices and observe their internals. We asked the participants to record any information about the internals of the mobiles that they were able to find, including the make, model, and serial numbers of the components. Pictures from this part of the workshop will be posted shortly.

All of the collected information was recorded and distributed among the participants so that the group could continue to work on identifying the mobile internals and the various data sheets associated with each component. This data will be added to the specifications of each mobile device as it is collected. CIS hopes to continue to collaborate with the individuals and communities who participated in this workshop as well as other interested individuals who may have been unable to attend the one-day workshop to proceed with this process of identification. We also hope to hold a second event, a one- to two-day hackathon, sometime in December to continue the exploration of our mobile devices.

CIS would like to thank Anil Kumar Pagalia, Sudar Muthu, Pankaj Bharadiya, Khasim Syed Mohammed, Akash Mahajan (NULL representative), Amit Malik (SecurityXploaded representative), the NULL, SecurityXploaded, Bangalore Android User Group and Computer Club India communities, and all of the participants for making the workshop a huge success and aiding us in our ongoing research project!

You can reach participating communities at following links:

For any further information on the past workshop or future events, please connect with us:

Jadine Lannon (jadine@cis-india.org), research intern for the A2K programme
Amarjit Singh (amarjitlife@gmail.com), the Workshop Manager.

Click below for a slideshow of the pictures from the workshop:

Photos

For more details visit https://cis-india.org/a2k/blogs/exploring-the-internals-of-mobile-devices

Exploring Knowledge Repositories on Water Resources in India

subodh — 2022-10-21T13:23:24Z

This research study explores knowledge repositories on water resources in India, with a focus on how the digital transition has impacted the process of creation & access to these resources and possible collaborations to build open digital repositories around water. The research was undertaken by Subodh Kulkarni, with editorial inputs by Puthiya Purayil Sneha, and Chiara Furtado. This is part of a series of short-term studies undertaken by the CIS-A2K team in 2021–2022.

Read this report on Wikimedia Meta-Wiki here.

Introduction

Water is the most precious natural resource for the existence of all living organisms on earth. As human beings have not treated it respectfully in recent years, there are increasing challenges with accessibility and availability of water across large parts of the world today. In India, the groundwater levels are depleting at an alarming rate due to over exploitation^.[1] The quality of surface water reserves is degenerating due to pollution caused by discharge of wastewater, sewage and untreated industrial effluents.^[2] The condition of rivers is getting worse due to illegal and unregulated use of these resources across India. Due to damming almost all the rivers flow for only 8-10 months in a year. Above all, the pollution caused due to solid wastes and effluents have destroyed living organisms and aquatic life. Therefore most of the rivers in India are called ‘dying rivers’.^[3] There have been several discussions and debates happening around this degradation of rivers, especially in the last decade.^[4]

Efforts by various organisations are afoot to document the state of affairs, spread awareness and undertake activities on the ground with community participation. Citizen-led efforts have also been instrumental in strengthening several water conservation efforts in India. It is seen that these peoples’ movements have been further strengthened due to empowerment through enhanced awareness of these issues around conservation, and better access to knowledge on the subject, especially through scientific studies.

CIS-A2K has initiated Project Jalbodh in 2017 in collaboration with a few organisations to generate water related content. During one of the ‘River dialogues’, a CIS-A2K member was invited to introduce Wikimedia projects to the organisations working on water resources. In the discussions, it was revealed that there is negligible content about rivers, water pollution, floods, irrigation system etc. in Wikimedia projects. Following this, an analysis of content on these subjects on Marathi, Hindi & English Wikipedia and media on Wikimedia Commons was undertaken. The need to develop structured categorisation of content was also felt. As the organisations are trying their best to disseminate knowledge about water issues, they realised the potential of Wikimedia projects due to the high level of searchable content available on these platforms which can be accessed by the general public. In keeping with these objectives, over the last two years, various workshops were conducted with organisations working at the grassroots to develop the structure of articles, categorisation and re-licensing of source material on these topics across various Wikimedia projects. Tarun Bharat Sangh is leading this process, and has uploaded 90 books & reports on Wikimedia Commons under free licences, and created articles on rivers in Marathi, Hindi and English Wikipedia projects.

During these content generation events it was realised that the organisations are working closely with communities which are conversant mostly with local or regional Indian languages only. The availability and access to water related resources in these languages is therefore an important issue. The communities are in need of simple, accessible and ready to use content in various forms. They also require a platform on which they can document/archive their water conservation efforts for other communities to take lessons and motivation from these projects.

Research Questions

This study was framed by the following questions:

How has the digital transition impacted the process of creation and access to water related resources in India.
What are possible collaborations and processes to build open digital repositories around water, with special reference to rivers.

Methods

The study adopted a qualitative approach, with the method comprising online/offline, semi-structured interviews with organisations working in the water resources sector. Based on desk research and conversations with existing partners in the sector, a long list of organisations was developed.(See Annexure I). Further, eight organisations were shortlisted for interviews based on their experience and impact of work in the water conservation sector. Due to various constraints, eventually interviews with three organisations were completed. The interview questionnaire focused on the nature, objective and scope of the offline and online resources available, human resources involved, language aspects, documentation practices, methods of dissemination, utility, accessibility, training value of the material, intellectual property rights (IPR) policies and public outreach efforts. These interviews were conducted online and in-person and recorded with consent from the participants, along with a clear explanation on the objectives of the study and the data collection. As mentioned above, there were a few constraints with the research process and methods adopted, as well as external factors. These included restrictions on travel and in-person meetings due to the COVID 19 pandemic, and challenges with online platforms. Some of the organisations were not comfortable with online or telephonic interviews and insisted upon physical interactions. The online interviews were less effective with the organisations as they were unaware about the free & open knowledge platforms like Wikimedia, Internet Archive etc. In addition to this, introductory sessions were conducted to give them a background to the work of the programme and context of the study. A general challenge here was also logistical issues related to scheduling conversations etc. given that personnel were located across different departments.

Description of Organisations Interviewed

Advanced Centre for Water Resources Development and Management [ACWADAM]'

ACWADAM is an organisation dedicated to establish a groundwater management agenda in India. It is a premier education and action research institution engaged in developing and disseminating knowledge on groundwater management. It is also involved in facilitation of projects on groundwater management through action research programmes, training and policy advocacy, with a collaborative, participatory approach. ACWADAM's mission is to facilitate groundwater management programmes in partnership with various organisations spread across the country. Over the years, it has developed expertise on aquifer-based groundwater management based on the science of hydrogeology.

Action for Agricultural Renewal in Maharashtra [AFARM]

AFARM was founded in 1969 as an apex Institution to coordinate programmes of voluntary organisations engaged in providing drinking water and agricultural extension services to villages in drought affected Maharashtra. It is one of the pioneering networking organisations in the country working in the areas of sustainable agriculture, irrigation, disaster relief and drinking water resource management. It acts as a platform for several civil society organisations for the promotion of sustainable and equitable development. The emphasis is on capacity building of organisations through action research, advocacy and field projects at grassroots. AFARM is providing support and consultancy at the policy level.

BAIF Development Research Foundation [BAIF]

BAIF was established on the strong foundation of Gandhian values with the aim to improve quality of life through development research and capacity building. BAIF’s vision is to build a self-reliant rural society assured of food security, safe drinking water, good health, gender equity, low child mortality, literacy, high moral values and clean environment. It is striving towards the mission to create opportunities of gainful self-employment for the rural and tribal families with a focus on disadvantaged sections, ensuring sustainable livelihood, healthy environment, better quality of life and good human values. BAIF believes in field research, effective use of local resources, extension of appropriate technologies and upgradation of skills and capabilities with community participation.

Observations

Availability of digital datasets on water resource projects: Many organisations in the sector rely on online information and databases on sites such as – Census of India, IMD, Google Earth, Bhuvan, CGWB, GSDA, MRSAC, Bhumi Abhilekh, Survey of India, India Water Portal, Agriculture Department, Irrigation Department, Forest Department, Maharain etc. Many of the global datasets on water resources and related topics such as agriculture, population, topography, forestry, climate change etc. are also in the public domain. However, the updating of data is not done regularly. For example, we have to refer to census data for 2011 even in 2022. Many of the datasets are also at a macro level, providing very little granular data. The water resource projects mostly need micro level data which is collected through on-ground surveys.

Effectiveness of digital platforms, and challenges with internet coverage: Organisations have found the use of digital platforms and tools effective for quick exchange of common training modules, process videos, drawings and manuals, as part of their water resource projects. The digital format has also been very effective for dissemination of advisories, alerts etc. through smartphones, which have enabled better access to information on gadgets quickly. However, two-way communication is necessary when timely solutions to queries of the farmers are to be provided, and that has been difficult to set up in a sustained manner through a digital format.
Many organisations in the sector also engage in capacity-building efforts for staff, volunteers and communities. When building these communities and mobilising them for action, the process needs spontaneous feedback, live conversations, reading the expressions and actual interactions with each other. All these things are completely missing from virtual interactions. These organisational processes and capacity-building efforts were grossly hampered during the pandemic due to a reliance on online meetings alone.
There are still challenges of internet connectivity in rural and remote areas where the communities are involved in water management projects. The consistency of bandwidth is a major issue when it comes to streaming of audio-visual content, uploading of content, online workshops, etc.

Lack of documentation skills, and challenges with language: Most of the documents used in water resources related projects are technical in nature. The technical team invests more time in the implementation, hence the time and skills required for documentation are limited. This gap between technical skills and documentation skills is challenging. There are ample structures, technological methods, apps etc. for collecting the data but at the same time, the resources for data collection or structured data development are not sufficiently provided. There are also several language-related challenges at the field level. Crucial parts of the training and awareness material need to be translated in the local languages as well.

Mobilisation and motivation for communities and wider public: The offline and online content is not very effective to mobilise or motivate the people involved in action at the field level in water conservation efforts. The organisers are exploring all the modes of communication and content available, but there is no alternative for human leadership.
Some organisations like Paani Foundation have beautifully captured the success stories of these efforts in dramatic short films. These films inspire the public temporarily, but the content can not be used often. Also, the production costs of such content are high resulting in very few options for wider outreach to engage a general audience.

Negligible content about water sector in public domain or Wikimedia projects in local languages: All the organisations agree upon the lack of searchable content on water related topics on the internet and in the public domain through projects like Wikimedia. The activists looking for solutions on some technical issues, the community searching for good projects in other parts of India or the planners looking for some structured databases on impact of projects, all of them get very little content on the internet. The local language content on water resources has almost negligible presence.

Need for a comprehensive portal giving information to stakeholders at different levels: The different stakeholders concerned with water resources seek information and data on various levels and diverse formats according to application and purpose. As of now, no such comprehensive platform in multiple languages exists which caters to these needs. The requirements include a wide range like, sample design of water conservation structures, contour maps of region, rainfall data, estimates of raw material, ground water aquifer maps, water pollution parameters, operation of dams, irrigation systems, water policies, water treaties, government notifications, etc. A well structured and categorised knowledge repository and database on water resources is the need of the hour. Such a knowledge base would strongly support the actions on the ground.

Recommendations

Developing a Process Documentation Strategy: The continuous changes in knowledge resources and data regarding various topics related to water resources need to be documented from time to time. The dynamic nature of water related issues requires a proactive process documentation strategy for the organisation as well as the citizen science groups in the society. The ideal example is the trajectory of the monsoon season in India every year and the rainfall in various agro-climatic regions. The watershed conservation projects, river rejuvenation programs, pollution control projects are long term processes with long term impacts. The journey of several years is painstaking, needs patience and struggles on the ground with constant motivational efforts. The persons directly engaged in these efforts may not be able to spend time on documentation of the many resources that are a result of these efforts. Hence, a solid process documentation strategy is required. The process documentation is also crucial for assessment of project impact on environment, livelihoods, economy, geography and people. There are also citizen movements which have been active for a long time, which are instrumental in giving birth to new laws, rules, guidelines, notifications, etc. The different milestones and turning points in these processes are to be documented in time. This documentation can guide the larger citizens’ movements to design their strategies and to resolve issues arising during the course of this work, and across different thematic areas as well.

Accessible datasets open for all in the public domain: There is an important need to compile the datasets on water resources developed by different agencies with people’s participation and government funding for the planning of public works or schemes. The open access to such reliable and factual datasets in the public domain serves the purpose of transparency and accountability of public infrastructure programmes. This facility for society would provide impetus to rigorous analysis, studies, research and innovative designing of public infrastructure. The processing and presentation of data in visual formats, including infographics can boost understanding, awareness, and logical thinking processes among enthusiasts who would like to engage with water conservation efforts. Different perspectives can emerge after relating and comparing datasets. The networking of agencies, organisations, experts and citizen forums would further develop complementary datasets. This synergy will definitely create a community data pool beneficial for everyone.

Digital and open access content development for capacity building of field level activists: Various organisations have developed training material for field level activists in different formats. Most of this is not online or digitised. Through networking efforts, the integration could be done to develop systematic modules for capacity building. The modules would be hosted as Open Educational Resources (OERs) on Wikimedia projects or other free knowledge platforms. The topic wise categories will make the selection easier. These categories can include local water source, rivers, waste water disposal, pollution, water based livelihoods, water conservation treatments etc. The format combining course work with some hands-on experiments is beneficial to facilitate the process of self-study, self-assessment and self-design. This online repository can be accessed by the field activists working on water resources anytime, anywhere when they need guidance to resolve issues or trouble-shooting on site.

Orientation of organisations towards free knowledge platforms and Wikimedia projects: Over the years, the organisations working in this sector have created valuable material for wider circulation to create awareness and empower communities. These resources have been used effectively and in a few locations for a certain period of time. The outreach and dissemination through integration of these resources will have more impact in the coming years if digital platforms are utilised efficiently. The basic orientation of the organisations regarding such free knowledge digital platforms, including copyright issues, Creative Commons licences, digitisation process and internet technologies is necessary to kick start this knowledge dissemination movement. Some pilot projects could be executed to demonstrate the potential of Wikimedia projects in database generation, documentation of case studies, audio-visual repositories and reference libraries.

References

"Groundwater". edugreen.teri.res.in. Retrieved 2022-09-28.
"‘Discharge of untreated industrial effluents, sewage major source of river pollution’". The Indian Express. 2018-12-21. Retrieved 2022-09-28.
Naresh Singaravelu & Harshita Mishra (6 June 2019). "Rivers in India: a reality check". https://www.thehindu.com/. The Hindu. Retrieved 28 Sep 2022.
"Living rivers, dying rivers: Everything you wanted to know about rivers in India | India Water Portal". www.indiawaterportal.org. Retrieved 2022-09-28.

For more details visit https://cis-india.org/a2k/blogs/research-exploring-knowledge-repositories-on-water-resources-in-india

Expert Meeting on Freedom of Expression and Intellectual Property Rights

praskrishna — 2012-03-16T07:41:39Z

This report provides an overview of the discussion from the Expert Meeting on Freedom of Expression and Intellectual Property Rights, organized by ARTICLE 19 in London on November 18, 2011.

At the meeting, nineteen international scholars, experts and human rights activists met to explore the antagonistic relationship between Intellectual Property (IP) and the rights to freedom of expression and information (FoE). This conversation is timely if not overdue, as governments are increasingly using the pretext of IP protection to place unjustified restrictions on the exercise of FoE, particularly on the Internet. ARTICLE 19 believes that increasing the profile of the human rights perspective in debates on IP law and policy is essential to protecting FoE, particularly in the digital environment. The objective of the meeting was therefore to develop an appropriate rights framework for evaluating IP law and enforcement mechanisms, to advance a policy paper on the issue and eventually to establish a set of key principles on IP and FoE.

This report outlines:

A summary of the discussions that took place during the meeting; and
Outstanding issues and those requiring follow-up discussion in order to conceptualise and complete a position paper on the subject.

List of Participants

Andrew Puddephatt: Director, Global Partners & Associates
Brett Soloman: Executive Director, ACCESS.
Dinah PoKempner: General Counsel, Human Rights Watch.
Jérémie Zimmermann: Co-founder and spokesperson, LaQuadrature du Net: Internet & Libertés
Jeremy Malcolm: Project Coordinator for IP and Communications; Consumer International.
Jim Killock: Executive Director, Open Rights Group
Michael Camilleri: Human Rights Specialist, Office of the Special Rapporteur for Freedom of Expression at OAS.
Michael Geist: Chair of Internet and E-commerce Law, Univesity of Ottowa.
Pranesh Prakash: Programme Manager, Center for Internet and Society
Raegan MacDonald: Policy Analyst, ACCESS (Brussels)
Saskia Walzel: Senior Policy Advocate, Consumer Focus
Yaman Akdeniz: Associate Professor in Law; Human Rights Law Research Center, Faculty of Law, Istanbul Bilgi University.
Walter van Holst: IT legal consultant, Mitopics
Agnes Callamard: Executive Director, ARTICLE 19
Barbora Bukovska: Senior Direct for Law and Policy, ARTICLE 19
David Banisar: Senior Legal Counsel, ARTICLE 19
Gabrielle Guillemin: Legal Officer, ARTICLE 19
Andrew Smith: Lawyer, ARTICLE 19
Michael Polak: Intern, ARTICLE 19

Welcome, Introductions, Purpose

Agnès Callamard opened the meeting with a welcome and introduction, giving a brief overview of ARTICLE 19’s extensive experience over twenty years bringing together coalitions to increase the profile of various advocacy issues and develop key policy documents, including the Camden Principles on FoE and equality, and the Johannesburg Principles on FoE and national security.

In the last three years, the Internet has increasingly come to the forefront of ARTICLE 19’s work. During this time it has become clear that the agenda for protecting IP negatively impacts FoE, and that there is a notable absence of traditional human rights groups engaged with the IP agenda or campaigning on its implications for human rights. ARTICLE 19 believes that there is a clear need for this gap to be filled, for us to enter this dialogue and challenge current preconceptions with an alternative human rights narrative that counters that promoted by IP industries.

The purpose of this meeting, therefore, is to develop a strategy for promoting the FoE perspective in debates on IP. To do this, it is important to first conceptualise the relationship between FoE and IP within a rights framework: to identify how or if these interests should be balanced and what the areas of conflict and conciliation are. This discussion should clarify the best way to proceed, with a view to arrive at a policy paper and eventually a set of principles on how to best protect FoE in the IP context.

Session 1: Brief comments by participants on issues of concern for freedom of expression campaigners in relation to IPR

The objective of the first session was for all participants to identify the most significant issues in current debates on freedom of expression and IP, and the extent to which some issues may have been overlooked, underestimated, or over-emphasised. These issues, ideas and perspectives would then guide discussions during the remainder of the meeting and at future meetings.

All participants agreed that applying a human rights framework to this debate is an important and worthwhile endeavour. The following issues were identified during the discussions:

Conceptual starting point

Participants agreed that the status quo should not be the “starting point” for discussions, and that we should avoid being trapped in the narrative that has been developed and imposed by IP rights holders. This requires questioning accepted language and norms, pushing the boundaries of the debate and thinking outside the box. The proliferation of terms such as “piracy”, “theft” and other criminal law language to describe non-commercial copyright infringement demonstrates the extent to which corporate interest groups have controlled the agenda. We should reject these terms and instead adopt positive language that emphasises the cultural and economic value of information sharing, and frame IP as a potential obstacle to these values. This dialogue should recognise that the relationship between people and information has changed in the digital age, and that a new generation of people express themselves through sharing media online and creating new works such as video mash-ups.

A human right to IP?
Several participants questioned whether we should accept interests in IP as “human rights”, particularly as the concept is one born from censorship. Rejecting IP as a human right would require challenging accepted language such as “intellectual property rights” and “rights holder”. If we speak of IP interests or claims, rather than human rights, then it is also inaccurate to speak of their interaction with other rights as a “conflict between rights” that requires “balancing”. Instead, certain IP claims, and the detection or enforcement mechanisms that support them, should be framed as restrictions on the right to freedom of expression.

Some participants expressed doubts over the value of advocating that IP is not a human right when the idea is already embedded and various regional courts have already recognised it as such. Such a campaign would be difficult and achieve little, particularly as it may require changing established agreements such as Berne and TRIPS that would take decades to reform. Staying within the existing legal framework may be the only pragmatic way to achieve change in the short and medium-term. There was agreement that understanding how different treaties and human rights instruments or bodies understand IP is important before proceeding.

In the alternative, it was suggested that IP could be viewed as a “human right” to the extent that it complements other human rights, such as FoE. Copyright is often justified on terms that it is essential for incentivising creativity and that it is an “engine” of free speech – this argument needs further exploration, as it shows that the two rights may sometimes be complementary. ARTICLE 19 is familiar with a strategy focussed on complementarity, as the Camden Principles promoted a similar approach to advocate that the right to equality and right to FoE were mutually reinforcing rather than contradictory. Similarly, participants spoke about a “social value” approach to viewing IP as a human right, i.e. the greater the social value behind the IP protection, the more weight it would have in a rights “balancing” exercise.

Other suggestions on reframing or reversing IP preconceptions included recommending a system where the “public domain” is the norm and any monopoly interest the exception. Exceptions would have to be argued on a case-by-case basis and would be granted only when it would be in the public interest to do so.

A consensus seemed to develop that rejecting the idea of IP as a right would not be a helpful strategy. However, between the various alternative suggestions the only agreement seemed to be that the issue requires more exploration so that the nature of IP as a right can be better understood. It is anticipated that reaching a definite conclusion on this issue will inevitably not satisfy everyone, but would be necessary to proceed with an advocacy campaign.

The Right to Culture
As well as the right to property and the right to freedom of expression, there is also the right to culture in Article 27 of the UDHR and Article 15 of the ICESCR. Both instruments reflect the tension between a right to access culture and the competing right of individuals to protect the material interests in their intellectual property. Participants recommended further exploration of the economic, social and cultural rights perspective on IP issues and integrating this into a campaign.

Pulling apart multiple IP issues
Participants identified a number of ways in which IP engages freedom of expression, and that it is therefore important that a FoE analysis dealt with these issues separately. One focus should be on the IP protections themselves – these give individuals monopolies over information and thereby restrict others’ FoE. Within this, the breadth of exceptions regimes is important, as these vary significantly between countries, in particular the duration of copyright protection and how ‘fair use’ or ‘fair dealing’ type exceptions are defined. The use of digital rights management systems (DRMS) as preventative measures also relate to this area. A second focus, and a current “hot topic” in IP circles, is the enforcement agenda. This includes the criminalisation of non-commercial IP infringement, the privatisation of policing IP infringement and its impact on net neutrality, and criminal and civil law protections for DRMS.

The difference between types of IP was also discussed. There are different rationales behind copyright, trademarks, and patents. Our approach should be as nuanced and specific as possible – when we are criticising copyright we should only refer to copyright and not IP generally. Unpacking the issues in relation to the different types of IP will be important for developing a coherent policy.

The way that international trade agreements have consistently augmented IP rights was also highlighted. In relation to electronic data, the copyright holder now has so much control over the use of the information, particularly through digital rights management systems protected by the criminal law, that purchasing such products is increasingly more like renting than owning. This augmentation should be tracked and highlighted in an advocacy campaign.

Advocacy Strategy
It was also noted that developing a human rights perspective on IP is not only an intellectual pursuit but needs to be viewed in terms of a citizen movement capable of achieving outcomes. Participants identified several further issues that should be considered when developing an advocacy strategy.

One consideration would be how we develop campaigning alliances. Some industries are potential allies, in particular Internet intermediaries that are increasingly under pressure to be the private police of copyright holders. Some artists themselves are also sympathetic to FoE arguments. More obviously, consumers and information users should be mobilised by a campaign. It is important to develop distinct strategies for targeting identified groups that reflects our understanding of their diverse interests; this would allow us to build commonalities between actors who may normally be regarded as having divergent objectives, and mobilise each to push for change in a direction that supports our ultimate goal.

Central to a campaign strategy is also the idea of having a clear message as to what the problem is and how it impacts people on a day to day basis. The utility of graphics illustrating the inequitable geographic distribution of IP interests was recommended as a useful tool to demonstrate the scale of this global problem. Ways of countering campaigns conducted by IP holders over the last two decades were also discussed, in particular how to push back against the idea of copyright infringement as “theft”, as has been promoted through slogans such as “you wouldn’t steal a handbag.” Illustrative analogies were discussed, including viewing IP infringement as mere trespass rather than theft and as “copying” rather than depriving a person of property. However, it was concluded that these analogies were helpful for developing our understanding of the issues, but would not be as effective as campaign tools. An effective campaign would have to distinguish between background issues and our actual advocacy points, which would be focussed on a clear set of key fundamental principles.

Participants also identified the importance of engaging governments and the media on the inconsistency of their policies and coverage of FoE and IP. The US, in particular, is loudly proclaiming its commitments to FoE on-line whilst simultaneously promoting aggressive enforcements mechanisms for IP that directly undermine FoE rights.

The campaign against ACTA in the European Parliament (EP) was also recommended as a platform from which to launch further dialogue on FoE and IP. Since the meeting, ARTICLE 19 has released a statement on ACTA that we have shared with all participants, and plans to circulate this statement to various EP committees and MEPs in the coming weeks.[1]

Opportunities for strategic litigation were also identified. In particular, there are a number of Article 10 ECHR cases pending before the European Court of Human Rights on the blocking of websites, many being from Turkey.

Session 2: The tension between freedom of expression and IPR

The second session began with a presentation by Gabrielle of the background paper on intellectual property and freedom of expression. Participants gave feedback on issues raised in the paper and suggested ways of developing it into a policy paper to compliment an advocacy campaign.

Gabrielle’s opening comments acknowledged that the background paper is very much focussed on FoE in the digital age, and is centred more on copyright rather than trademarks and patents. Gabrielle outlined the way in which conflicts between tangible property rights and freedom of expression have been dealt with by the ECHR. She also identified key challenges to reframing understandings of IP, in particular in relation to the notion that the public domain and information sharing should be the norm while information monopolies should be the exception. Gabrielle also highlighted the timeliness of this discussion as significant changes to the enforcement agenda are taking place; including the criminalisation of copyright infringement and DRMS circumvention.

Participants agreed that the policy paper was an excellent starting point for discussions on FoE and IP, and recommended a number of areas for further elaboration in future drafts:

The objective tone of the paper, placing ARTICLE 19 as an impartial arbiter, is a productive starting point.
The legal framework for IP/FoE should be elaborated to acknowledge the right to culture as contained in Article 27 of the UDHR and Article 15 of the IESCR. The ways that states periodically report their IESCR compliance could be explored.
Intermediaries should be referred to in broader terms than just as ISPs. “Information society service providers” is an umbrella phrase that includes search engines, advertisers, payment services.
The Scarlett decision by the ECJ should be incorporated once it is released.[2]
The concept of “filtering” is essentially a type of “blocking”, both may be referred to as censorship to clarify their immediate impact on FoE.
Some participants felt that explaining why the FoE implications are different for civil and criminal law would be helpful.
Participants felt that the section on the implications of the ACTA regime could be built upon.[3]
In developing the section on FoE rights, the Latin American view of FoE as a collective right may also be worth emphasising. It may also be worth comparing the potential balance between IP and FoE to other balancing exercises related to privacy or reputational rights.
The differences between copyright, trademarks and patents should be explained.
A section outlining the philosophical foundations of these protections, in particular the difference between the US (incentivise creation) and European (natural rights) approach to IP might also be helpful.
It should be stressed that the failure of IP law to adapt to new technologies is the problem, not new technologies themselves. This failure undermines the justifications for protecting IP rights.
Greater emphasis should be placed on the way in which the current legal framework is based on an ideal of an 18th century author, and does not acknowledge the impact of IP on scientific research and collaboration, indigenous knowledge, peer-to-peer sharing, the creative power of new technology etc.
Positive examples of IP infringement would be useful for illustrating why IP protection shouldn’t be safeguarded at all costs. In particular, efforts to make works more accessible to minority language speakers (crowd-sourcing methods in particular) and the impact that IP law has on blind people’s access to information.
Similarly, examples of censorship that make the impact of IP protections of FoE clearer to policy makers would be helpful in debunking the myth that the interests of the IP industry giants are synonymous with those of the individual creators.
It would also be helpful to illustrate that IP protection is also a geographic concentration of wealth issues as much as a moral issue.[4]
The role of de minimis exception regimes in protecting FoE should also be explored in greater depth.
Several sources were also recommended, including the Association littéraire et artistique internationale (ALAI)[5], the International Federation of Libraries Association (Stuart Hamilton identified as a contact)[6] and the OSCE study on Internet Freedom.[7]

Session 3: Key questions, issues and challenges

Dave chaired a third session to elaborate upon the key issues discussed prior to lunch, with a view to reaching some level of consensus on the appropriate scope of restrictions on freedom of expression in defence of IPR.

Gabrielle offered comments on the balance that could be applied between the right to property (Article 1 of Protocol 1 to the ECHR) and the right to freedom of expression (Article 10 of the ECHR). However, as the European Court of Human Rights has not ruled on the balance that ought to be struck between these two rights in the context of intellectual property, it is difficult to speculate on how it would be litigated.

Participants agreed that the ‘public interest’ is central to assessing when property rights can be restricted to promote other rights, including FoE. The need to stress the importance of the Internet as a public forum was also identified.

The participants also discussed what limitations are appropriate to place on IP rights. Various ideas were suggested, but it was concluded that any recommended framework on the substance of IP rights would have to be compliant with the Berne Convention. This means that in terms of copyright duration, the minimum that could be recommended is 50 years. It was also stated that any system that recommends a default public domain with a system of registration for copyright “exceptions” would not be compliant with Berne. The augmentation of IP rights through these international agreements was again referenced, as there appears to have been a pattern of the US and EU exporting the worst aspects of their IP regimes abroad through trade arrangements without elaborating on how exceptions to IP rights should be developed. It was also noted that copyright holders will continue to support this process, as their business model depends upon having as much control over the use of information as possible.

Again participants identified the need to distinguish between the limitations that are imposed on FoE by the IP rights themselves, those limitations imposed by preventative technological measures and those imposed by enforcement mechanisms.

The importance of distinguishing the different actors involved was also emphasised, i.e. whether we are discussing competing rights between private creators (e.g. original creator vs. derivative creator) or the direct relationship between the state and individuals (e.g. enforcement of criminal provisions against an individual infringing IP). It is important that our analysis does not conflate private actors with state actors, and that it is clear what positive and negative obligations are on these parties and the rationale for their application.

It was suggested that an approach that balances competing human rights is appropriate where the interests of two creators are in conflict, but perhaps not when the state intervenes to prevent or punish IP infringements. Where the state acts to restrict an individual’s access to the Internet, it is not a balance issue but an unnecessary and disproportionate interference with the right to freedom of expression.

Participants stressed the economic and social significance of blanket (and even many specific) restrictions on Internet access. Blanket prohibitions on access to the Internet was compared to solitary confinement, and participants agreed that sanctions such as these are never necessary or proportionate responses to IP infringement. An analogy was made to a statement recently issued by ARTICLE 19 on services to counterfeit mobile telephones being shut down in Kenya.[8] Participants also indicated that these blanket measures are increasingly rare, but that states still violate the principles of necessity and proportionality through limitations that they impose.

Further FoE concerns were raised in relation to the enforcement of IP rights in the digital environment. In order to monitor the Internet for IP infringement, it is necessary to monitor the content of all Internet communications. This has implications for FoE rights and privacy rights, and has a potential chilling effect on all on-line expression.

There was also some discussion on defining what our working definition of FoE should be in this context, particularly in relation to use of new technologies and DRMS. Does FoE necessarily include the right to scan a document, to use translation technology on it, to copy and paste, to save in various formats etc?

Participants also discussed that the ordinary de minimis exceptions cannot simply be transplanted and applied as ‘exceptions’ or defences to DRMS circumvention offences. DRMS limit the use of works severely, and unless you have the technical knowledge to circumvent these devices, it is not possible to take advantage of exceptions or defences.

There were also discussions on access to justice issues, due to the prohibitively expensive cost of contesting litigation against large corporations.

Several participants mentioned that discussions on these issues have a tendency to become too narrow in their focus. Examples given were that the focus drifts to copyright rather than trademarks and patents, that peer2peer sharing gets more attention than other technology uses, and that artistic expression is talked about but not technical or scientific forms of expression. At the same time, some participants expressed an aversion to a “kitchen sink” approach in any campaign, as it may result in an incoherent message.

Various sources were recommended for further reading. These included a report by Consumers International on best state practices (Brazil, Canada and South Africa mentioned for enacting progressive legislation recently),[9] and the UN guidelines on consumer protection.[10]

Session 4: Measures for protecting and enforcing IP rights on the Internet: finding a better balance with FOE

At the fourth session, Barbora chaired a discussion on procedural issues that pose a threat to freedom of expression and Internet freedom. Key issues identified at the outset were whether sticking to a human rights view that judicial oversight is the best option or is there a human rights compliant alternative model? As it was decided in the previous session that disconnection is disproportionate, are all forms of criminal liability for Internet use disproportionate? And what limits should be placed on civil remedies, such as damages-award ceilings.

Discussions began on whether an administrative model for notice and takedown would be appropriate. Advantages that were identified of non-judicial models include:

An administrative system is more effective in terms of time and cost. The number of notice and takedown requests that happen on-line would overwhelm a traditional judicial organ.
Protections for intermediaries from liability can be built into the system.
Guidelines can ensure compliance with legal certainty, transparency, due process, specificity of remedies, protections for the identities of users.
Could also be subject to judicial oversight.
That limitations on cost would also “disarm” corporations who would not be able to threaten expensive court procedures that intimidate individuals into prematurely settling civil actions.
The need for fast remedies in digital infringements was also stressed. For example, a website may be created only for the 90 minutes of a football game and then disappear – traditional judicial methods cannot be used to provide redress in these circumstances. Although this may appear to be a “shoot first, aim later” approach, one needs to consider these pragmatic concerns. An administrative model is better suited to this than a judicial system.
Alternatives to an administrative model included the use of non-legal ombudsmen or arbitration proceedings. These measures could also keep costs low.

A number of participants disagreed that an administrative model was appropriate. Their concerns focussed on the following issues:

That the independence of an administrative body could not be guaranteed.
That an administrative procedure should never be used to impose criminal liability.
The procedural guarantees in an administrative system are less robust, particularly in countries that do not have a strong separation of powers.
That the time and cost of a judicial system is necessary to comply with international human rights standards.

Concerns were also raised about recommending any boilerplate solution that should be ‘copy and pasted’ into all national contexts without adequate consideration being paid to that country’s legal system or traditions. In terms of accuracy of language, it was also commented that notice and takedown affects hosts of content, and not ISPs, who are mere conduits.

Systems in place in Canada and Japan for “notice and notice” were also discussed. In these systems, the IP holder notifies the intermediary, who notifies the user, who has a time to reply before action is taken. The role of the intermediary in this system is to facilitate communications and they are not subject to liability. The accommodation of “emergency requests” could also be considered within this system.

With any notice and takedown system it would also be important to make it clear to those controlling the content how you object to a takedown notice. Access to justice principles are important here, particularly considering the amount of misinformation that has circulated in recent years on the nature of IP infringement.

Various examples were given of forum shopping by IP owners in provincial courthouses where judges are less experienced in IP law and therefore more responsive to the arguments of IP holders.

There was also a discussion on why copyright holders would favour criminal sanctions as opposed to civil remedies. On the one hand, it seems intuitive that the rights holder would rather receive damages than have a person fined or imprisoned by the government. It was suggested that the criminal law has the advantage of having a more significant chilling effect. Also, in criminal cases, the costs of detection and enforcement can be placed on the state.

A number of initial principles were identified through this discussion:

Intermediaries should be immunised from civil liability.
There should not be liability for hyperlinking. It must be distinguished from “re-publication”.
Non-commercial infringement should not be criminalized. It was noted that TRIPS requires commercial scale infringement to be criminalized. Narrowly defining what is meant by “commercial” is important:

Peer-to-peer sharing should not be considered commercial.
IP infringement committed by individuals should not be considered commercial.

The need for clarity in the law and for information on IP law to be available to end-users facing litigation threats from copyright holders. In particular, states should educate individuals in the exceptions to copyright protections that serve the public interest.
Possible limitations on damages could be developed.

Session 5: Political developments and strategies of response

The purpose of the fifth session was to provide participants with the opportunity to discuss developing strategies for working together to better combat governments’ attempts at restricting FoE on the basis of protecting IP.

The first priority that was identified was to finalise a policy paper on the issue. This would perhaps take some time to formulate, and may require further meetings to discuss key issues.

A second priority for advocacy was identified in relation to ACTA, which will be voted upon by the European Parliament in the coming months. ARTICLE 19 has issued a statement on ACTA that will also be circulated among participants.

A third discussion concerned the possibility of uncovering a wikileaks-type “scandal” in which the hypocrisy of copyrights holders, and their true motivations, could be exposed. Receiving internal emails from whistleblowers interested in exposing such a story would provide a good media storm in which to launch an advocacy campaign. Examples of IP industries illegally lobbying governments or interfering with the administration of justice would be helpful. The involvement of the British Phonographic Industry in lobbying for the Digital Economy Act was referenced in this discussion.

The utility of engaging with the copyright industries was also discussed. These industries have a reputation for not negotiating– they want as much control over information as possible, as control is essential to their business model. There may be some utility in identifying who our enemies’ enemies are. It was mentioned that the occupy movements may be interested in pursuing a human rights narrative against corporate property interests. These groups are very much engaged in promoting FoE rights. The traditional media was also identified as a group that may be interested in supporting a movement for greater FoE protections against IP.

In terms of developing strategy, it was also recommended that we look at successful human rights campaigns from the past, particularly any in the field of cultural rights. Potential partners for coalition building need to be looked at, and many of these partners may be within emerging economies such as BRIC or South Africa.

As we develop a strategy, we need to remain focussed on framing this battle as a human rights fight. We need to identify victims, perpetrators, and a call to action. A different plan may be needed for each audience that we identify. From the experience of activists at the meeting, theoretical arguments will not succeed in rousing a people-driven campaign. The use of new media, such as campaign videos on youtube, that clearly outline the human rights case would be helpful. It is also necessary to bridge the gap between popular campaigns and videos, and getting those campaigns into the mainstream media and creating a political issue out of it. As technology users that would be interested in this campaign tend not to vote, making this a political issue means making people who do vote understand the issue as one that is a mass-scale human rights violation.

Concluding comments and closing

Agnès closed the session by identifying several key steps:

The need to revise the policy paper in light of discussions throughout the day’s sessions.
The need to meet again to discuss the revised policy paper and to continue these discussions.
The objective of developing our role as advocates, identifying what we can initiate, what existing efforts we can support, and what our overall strategy should be.

[1].ARTICLE 19 statement “European Parliament must reject ACTA”, see: http://www.article19.org/resources.php/resource/2901/en/european-parliament:-reject-anti-counterfeiting-trade-agreement-%28acta%29

[2].This judgment has since been released. See ARTICLE 19 press release: http://www.article19.org/resources.php/resource/2872/en/landmark-digital-free-speech-ruling-at-european-court-of-justice

[3].ARTICLE 19 has since released a statement on ACTA. See: http://www.article19.org/resources.php/resource/2901/en/european-parliament:-reject-anti-counterfeiting-trade-agreement-(acta)

[4].http://www.worldmapper.org/images/largepng/167.png was recommended for its map of patent distribution in 2002.

[5].ALAI homepage: http://alaiorg.vincelette.net/index.php?option=com_content&task=view&id=50&Itemid=24

[6].See a list of publications at: http://www.ifla.org/en/publications

[7].OSCE study “Freedom of Expression on the Internet” (2010): http://www.osce.org/fom/80723

[8].ARTICLE 19 statement on FoE and counterfeit mobile telephones: http://www.article19.org/resources.php/resource/2762/en/kenya:-free-expression-standards-should-guide-fight-against-%E2%80%9Ccounterfeit%E2%80%9D-mobile-phones

[9].http://a2knetwork.org/watchlist

[10].http://www.un.org/esa/sustdev/publications/consumption_en.pdf

For more details visit https://cis-india.org/a2k/freedom-of-expression-and-ipr-meeting

Experience and Learning outcome from Wikipedia Education Program

Lakshmi Karlekar — 2018-01-30T19:14:49Z

In this blog post you will find a Christ University student's experience during Wikipedia Education Program.

The function of education is to teach one to think intensively and to think critically. Intelligence plus character- that is the goal of true education.- Martin Luther King Jr.

The collaboration between Christ (Deemed to be University) and Centre for Internet and Society (CIS) has enhanced abilities of students to venture into the new learning techniques provided by this organization through WEP. As a platform for learning it has made me assimilate facts on any given topic and later learn the art and skill of editing and typing to put across my views and perspectives. The Continuous Internal Assignments has enabled me to think critically and analyse the given interdisciplinary topic which spreads from an arena covering political, social, economic, psychological, scientific issues etc. Typing in vernacular languages made me technically equipped and also holistically develop from this active initiative. I had the opportunity to meet a facilitator from San Francisco who explained the core objectives and had discussions on the usage and benefits of Wikipedia. This workshop showcased our contributions and provided tutorials for us to carry back and learn from them. The expected learning outcome of the Wikipedia task has helped me do intensive research and made me think and debate on the pros and cons of the given topic. The Professors at Christ (Deemed to be University) and the CIASA2K members have been a constant support and guidance for learning how to deal with it which has personally helped me to a greater extent. They have been approachable at all times which has made the learning process easier. This is not like any other monotonous work but it makes me curious to do a new assignment every time. This kind of communication has helped me realise the fact that information can be accessed at a click of a button as well as we can state our views to the entire world through this initiative. This also sets in a certain discipline as we have to adhere to the standards of Wikipedia and continue contributing quality articles have been the motive of this organisation where each and every student strives to achieve it. To get an outcome from the motto I built my vocabulary and writing style as I was exposed to new terminologies by our facilitators and support staff. These conducted sessions have played as a motivating factor for us to improvise further in our tasks and continue further as active members to continue contributing to Wikipedia.

This fruitful experience of mine has built my knowledge that is familiarity, awareness, and understanding of facts and building vital skills which I would cherish for life. I would extend my gratitude and heartfelt thanks for giving me an insight and opportunity to get associated with this esteemed venture initiated and progressed by the institution.

For more details visit https://cis-india.org/a2k/blogs/experience-and-learning-outcome-from-wikipedia-education-program

Expanding the World of Telugu Wikipedia – CIS-A2K and ALC join hands

T Vishnu Vardhan and Rahmanuddin Shaik — 2014-09-30T05:11:29Z

Students and faculty of Andhra Loyola College in Vijayawada aim to enhance Telugu Wikipedia through increased contributions to Wikipedia and make it available under free license.

The Access to Knowledge (A2K) programme of the Centre for Internet and Society (CIS) in its quest to catalyze the growth of open knowledge movement in Indic languages recently added another feather to its cap by signing a memorandum of understanding (MoU) with Andhra Loyola College (ALC) in Vijayawada on August 14, 2014 to work collaboratively to improve Telugu Wikipedia and Telugu Wikisource. College Principal Fr. G.A.P. Kishore, Vice-Principals Fr. P. Anil Kumar and Fr. Rex Angelo, correspondent Fr. Raju signed the agreement with CIS-A2K programme director T. Vishnu Vardhan.

The MoU signed with ALC is for a period of five years and encompasses four activities: Open knowledge creation in Telugu across various disciplines on Telugu Wikipedia: ALC faculty and students will be trained by CIS-A2K staff and interested Telugu Wikimedians to understand the principles that govern Wikipedia in order to generate quality entries. Faculty from Botany, Physics, Statistics, Ethics, Religion, Telugu Literature, and Music will work with CIS-A2K. Each of the faculty in the coming months will come up with a plan to generate open knowledge in Telugu in their respective disciplines. Content donation and digitization on Telugu Wikisource: ALC through its networks will help CIS-A2K to bring Telugu content under CC-BY-SA 4.0 license. The Telugu department of the college expressed keen interest to work with CIS-A2K in digitizing historical Telugu content and to make it available on Telugu Wikisource. Various competitions will be planned in the future. Creating a free software environment at Andhra Loyola College: 400 machines within various labs on the campus will be converted into FOSS systems with free and open source software including support for Telugu and other Indic languages. It should be noted that all the existing computers of ALC are run on proprietary software. As a pilot initiative CIS-A2K has already converted 30 systems in a lab and named it as Loyola FOSS Lab. CIS-A2K to revise the FIT (Fundamentals in Information Technology): A mandatory course for all undergraduate students which will introduce students to FOSS, Openness and Wikipedia. This is an outcome of the FOSS orientation done by T. Vishnu Vardhan and Rahimanuddin Shaik during the two workshops that were held at ALC.

CIS-A2K will put every effort to involve Telugu Wikimedians and FOSS community in taking this collaboration with ALC forward. CIS-A2K will also create a project page on Telugu Wikipedia to actively document and publicly share the detailed plans and progress. More updates will also be shared on this website.


Above: Representatives from ALC and CIS-A2K seen during the signing ceremony.

The signing of the MoU was done at a public event in the presence of students, faculty and management of ALC and various representatives from media. The media covered this event enthusiastically. The Hindu coverage can be found here and Eenadu article coverage is here.

For more details visit https://cis-india.org/openness/blog-old/expanding-the-world-of-telugu-wikipedia-cis-and-alc-join-hands

Exhaustion PDF

praskrishna — 2011-10-03T05:16:58Z

file

For more details visit https://cis-india.org/a2k/publications/exhaustion.pdf

Exercise to Correct articles in Tulu Wikipedia begins

praskrishna — 2016-05-01T10:37:12Z

It will go on till Saturday at the Ramakrishna pre-university college.

For more details visit https://cis-india.org/a2k/news/exercise-to-correct-articles-in-tulu-wikipedia-begins

Exceptions and Limitations for Education

praskrishna — 2011-08-22T13:22:35Z

Lawrence Liang examines the exceptions and limitations in copyright law in this article.

For more details visit https://cis-india.org/a2k/publications/exceptions-limitations-education

EU stalls treaty talks to allow copyright waiver for print disabilities

praskrishna — 2012-07-25T09:37:25Z

India and other developing countries support such a legally binding treaty, writes Priscilla Jebaraj in an article published in the Hindu on July 25, 2012. Pranesh Prakash is quoted.

The European Union is holding up a treaty to allow books and other printed works to be converted into a format accessible to the visually impaired and other print disabled people without seeking the permission of the copyright holder.

India, and most other developing countries, strongly support such a legally binding treaty currently being negotiated at a World Intellectual Property Organisation (WIPO) meeting in Geneva. However, non-governmental organisation sources at that summit say that the EU is stalling the treaty by placing unreasonable restrictions on how copyrighted works are to be converted, and by whom. The EU office in Delhi and Brussels did not respond to a request for comment on their position.

"[The treaty] would allow organisations working for the blind to import and export accessible works without seeking the copyright holder's permission, since very little money is spent in developing countries on converting books into accessible formats, while they are much more readily available elsewhere," according to Pranesh Prakash of the Bangalore-based Centre for Internet and Society who is attending the summit as an NGO member. If the treaty is not finalised by Wednesday, when the meeting ends, disabled people could be forced to wait till 2014 for their next chance.

Last week, Indian delegate G.R. Raghavender pleaded with negotiators to finalise the treaty without further delay "so that we won't go back, especially the Indian delegation won't go back empty-handed, facing the 15 million blind people in India, which is almost 50 percent of the world blind population, that is 37 million."

In fact, the treaty will benefit a much larger group of print-disabled, including those who suffer from motor disabilities which prevent them from holding a book, or learning disabilities such as dyslexia, or autism, which make it hard to read. There are approximately 70 million print-disabled people in India.

Accessible formats would include Braille, electronic text and audio versions of books, making Western publishers' jittery about piracy fears. Hence, some countries are demanding stringent tracking mechanisms and legal requirements that activists say will effectively block access to disabled people in developing countries — where more than 85 per cent of them live.

"An instrument that subjects the enjoyment of fundamental freedoms by persons with visual impairments to market forces and bureaucratic practices will not work," Mr. Prakash said, in his statement to WIPO delegates. "In India, our Parliament recently passed an amendment to our copyright law that grants persons with disabilities, and those who are working for them, a strong yet simply-worded right to have equal access to copyrighted works as sighted persons."

In fact, the EU Parliament had given its unanimous approval to the treaty in February 2012. "It would be a democratic travesty if the EU’s representatives here today posed any problems to a clear road map for a binding international treaty, especially by posing unrealistic proposals with regards to authorised entities and other issues very far from consensus positions in the WIPO and in clear contradiction with the aims of the World Blind Union," said David Hammerstein, a representative of American and European consumer organisations, making a statement at the Geneva meeting.

Read the original published in the Hindu

For more details visit https://cis-india.org/news/eu-stalls-treaty-talks-to-allow-copyright-waiver-for-print-disabilities

Envisioning the Role of Open Knowledge in the Implementation of the National Education Policy 2020

Ashwini Lele — 2024-08-27T14:53:13Z

The National Education Policy 2020 brings a significant change in India's educational landscape, representing a comprehensive overhaul to address the evolving developmental imperatives of the country.

This latest report by CIS-A2K delves into the potential role of 'Open Knowledge' players within the framework of the NEP 2020, aiming to provide insights and recommendations for effective implementation. This study focuses on Wikimedia ‘open knowledge’ platform amongst all available digital open knowledge platforms.

Wikimedia initiatives have already been successfully integrated into various higher education institutions, such as Christ University and Goa University, where students engaged in writing and editing Wikipedia articles as part of their coursework. These experiences illustrate how open knowledge platforms can cultivate essential skills such as research, writing, and digital literacy among students.

The NEP 2020 encourages the use of open knowledge systems to support interdisciplinary learning and creativity. By leveraging platforms like Wikipedia, educators can facilitate collaborative learning and critical thinking, aligning with NEP's goals of fostering cognitive and emotional competencies. The report identifies key areas where Wikimedia can contribute, including the development of multilingual content and the enhancement of digital skills.

NEP 2020 presents a unique opportunity to formalize the role of open knowledge ecosystems in education, promoting a shift from rote learning to a more engaging, participatory approach that prepares students for the complexities of the modern world.

Read the report here

For more details visit https://cis-india.org/a2k/envisioning-role-of-open-knowledge-in-implementation-of-national-education-policy

Entertainment industry and Internet piracy in focus

praskrishna — 2012-09-17T10:00:54Z

The first-of-its-kind initiative by the anti-piracy cell of the Kerala Police to register cases against 1,010 Internet users for uploading or downloading the Malayalam film Bachelor Party has sparked a debate between social media experts and legal puritans on what the law actually says.

Krishnadas Rajagopal's article was published in the Hindu on September 17, 2012. Pranesh Prakash and Prashant Iyengar are quoted.

Internet users and anti-monopoly advocates say the police action against movie downloaders is “questionable.” They argue how the Copyright Act, 1957, has given wide exception to those who disseminate copyright works for “personal and private use.”

Legal puritans, on the other hand, quote the same 1957 law and the Information Technology (IT) Act, 2000, to argue that the State police have not done anything wrong.

They say the act of uploading and downloading a copyrighted cinematographic work amounts to publishing and transmitting it, respectively.

They cite Section 66 of the IT Act, 2000, that says a “hacker,” if found guilty, can get three years’ imprisonment, a fine up to Rs.2 lakh, or even both.

That’s not all. Section 43 of the same statute prescribes that a “hacker” may have to cough up Rs.1 crore in compensation in case of “damage to the computer system.”

Middle line

Some others draw the middle line about the police’s drive. They say that though downloading is as illegal as buying a pirated CD from the market and “ignorance of law is no excuse to escape prosecution under an existing law,” the sheer magnitude of registering mass cases against downloaders, probably on a global scale, is impractical.

“It is questionable whether downloading for personal use by itself constitutes an offence under the Copyright Act, 1957. The Act has created a wide exception for personal and private use,” says Pranesh Prakash, programme manager for Access to Knowledge, Openness, Internet Governance and Freedom of Speech at The Centre for Internet and Society in Bangalore.

The usage “personal and private use” in the Act can be better understood in the contrast — that is, downloading without any intention to “disseminate the cinematographic work to a community you are not provisionally associated to.”

Legislative intent

Prashant Iyengar, Assistant Professor and Assistant Director, Centre for Intellectual Property Rights Studies, Jindal Global Law School, says the legislative intent behind the wide exceptions given to dissemination of work in the 1957 law is actually strengthening the public domain.

“In India under the Copyright Act, we have a robust regime of fair dealing rights to ensure that information cannot be monopolised at the expense of the public’s access to information,” he says.

He refers to Section 52 of the Act that allows reproduction of literary, artistic, musical, and dramatic works for research and private uses without any “quantitative restriction” on the amount that may be copied. “However, cinematographic works do not fall under this exception,” he says.

Under Section 51, a single copy of a cinematographic work could be “imported” to India for personal and domestic use. This would not amount to copyright infringement.

“But it is currently unsettled in law whether Section 51 would protect users downloading movies for their personal use. On the other hand, if you receive a copy of a movie CD by post, this section would clearly apply,” Mr. Iyengar says.

Pavan Duggal, senior Supreme Court lawyer specialising in cyber laws, differs in his opinion. As far as he is concerned, the law is clear against copyright infringement.

He says unauthorised downloading of movies also attracts action under the IT Act, 2000. “The legal perspective is that when you upload a pirated copy, you are doing an act of publishing and when you click the ‘download’ button, you are transmitting data in an electronic format for the purpose of diminishing the value of electronic information,” he says.

“The Kerala Police have not done anything fundamentally wrong by registering cases against uploaders and downloaders. When I am creating a film, I have copyright to both cinematic and electronic versions. In case of infringement, I can act by suing for damages, injunction, in addition to exposing the person to criminal liability under the Copyright Act,” Mr. Duggal says.

However, Mr. Iyengar vehemently counters the point. He asks a “pertinent” question — how the Kerala Police conducted their probe and how the Internet Protocol addresses were obtained when Internet service providers have strict privacy obligations against disclosure of any such details, except to government authorities.

“In this case, one hears that a private investigation firm called ‘Jadoo Infotech’ was involved in conducting ‘cyber-patrolling,’ which is not authorised by any law. They would be guilty of the digital equivalent offence of ‘lurking house trespass’,” Mr. Iyengar says.

But Nandagopal Rajan, an associate editor with a technology magazine in Delhi, has a simple logic grounded in law.

“Anybody who is downloading illegally cannot seek protection. You are actually doing something illegal. On the flip side, how many people can you prosecute?” he asked.

For more details visit https://cis-india.org/news/www-the-hindu-sep-17-2012-krishnadas-rajagopal-entertainment-industry-and-internet-piracy-in-focus