Centre for Internet and Society

Data bleeding everywhere: a story of period trackers

sumandro — 2019-12-06T05:03:09Z

This is an excerpt from an essay by Sadaf Khan, written for and published as part of the Bodies of Evidence collection of Deep Dives. The Bodies of Evidence collection, edited by Bishakha Datta and Richa Kaul Padte, is a collaboration between Point of View and the Centre for Internet and Society, undertaken as part of the Big Data for Development Network supported by International Development Research Centre, Canada.

Please read the full essay on Deep Dives: Data bleeding everywhere: a story of period trackers

Sadaf Khan: Media Matters for Democracy and Twitter

...By now there are a number of questions buzzing around my head, most of them unasked. Are users comfortable with so much of their data being collected? Are there really algorithms that string together all this data into medically-relevant trends? How reliable can these trends be when usage is erratic? Are period tracking apps pioneering, fundamental elements of a future where medical aid is digital and reliable data is inevitably linked to the provision of medical services? And if so, are privacy and health soon to become conflicting rights?

I also want to find out how users understand data collection and privacy before giving apps consent to utilize their data and information as they will. Hareem says she gives apps informed consent. ‘If my data becomes a part of the statistics aiding medical research, why not? There is no harm in it. I am getting a good service, and if my data helps create a better understanding as a part of a larger statistical pool, they are welcome to use it.’

But is she really sure that this information will be used only as anonymised data for medical research? ‘Look at the kind of information that is being collected,’ she answers. ‘Dates, mood, consistency of mucus, basal temperature. What kind of use does one have for this data?’

Naila, in turn, says: ‘Honestly, I have never really thought about what happens to the data the application collects. Obviously I enter detailed information about my cycle and my moods and my sex life. But a), my account is under a fake name and b), even if it wasn’t, who would have any use for stuff like when my period starts and ends and what my mood or digestive system is like at any given moment?’

In fact, this sentiment is shared among all the women interviewed for this piece — what use would anyone have for this data?

As users, we often imagine our own data as anonymised within a huge dataset. But as users, we don’t have enough information about how our data is being used — or will be used in future. The open and at times vague language of a platform’s terms and conditions allows menstrual apps to use data in ways that I may not know of. Some apps continue to hold customer data even after an account is deleted. Even though I may technically ‘agree’ to the terms and conditions, is this fully informed consent?

One of the big concerns around this kind of medical information being collected is the potential for collaborations with big pharmaceuticals and other health service providers. With apps sitting on a goldmine of users’ fertility and health information, health service providers might mine their data for potential consumers and reach out directly to them. While this is like any targeted marketing campaign, the fact that the advertiser is likely to be offering medical services to women suffering from infertility and are at their most vulnerable, raises totally different ethical concerns.

And these apps and their businesses might grow in directions that users haven’t taken into consideration. Take Ovia’s health feature for companies to buy premium services for their employees. While the gesture is packaged as a goodwill one, it also means that an employer has access to extremely private and intimate medical information about their women employees. And while the data set is anonymised, it is still possible to figure out the identity of users based on specific information. For example, how many women in any company are pregnant at any given time?...

Pregnant a year after my miscarriage, I initially downloaded multiple apps in a bid to find a good fit. I don’t know which one of these was in communication with Facebook. But almost immediately, my Facebook timeline started becoming littered with ads for baby stuff — clothes, shoes bibs, prams, cribs, ointments for stretch marks, maternity wear, the works.

It makes me think of those old school clockwork-style videos. You drop a ball and off it goes: making dominos fall, knocking over pots and pans, setting in motion absurd, synchronized mechanisms. Similarly, I drop my data and watch it hurtle into my life, on to other platforms, off to vendors. Maybe to stalkers? To employers? Who knows.

For more details visit https://cis-india.org/raw/sadaf-khan-data-bleeding-everywhere-a-story-of-period-trackers

Can data ever know who we really are?

sumandro — 2019-12-06T05:02:53Z

This is an excerpt from an essay by Zara Rahman, written for and published as part of the Bodies of Evidence collection of Deep Dives. The Bodies of Evidence collection, edited by Bishakha Datta and Richa Kaul Padte, is a collaboration between Point of View and the Centre for Internet and Society, undertaken as part of the Big Data for Development Network supported by International Development Research Centre, Canada.

Please read the full essay on Deep Dives: Can data ever know who we really are?

Zara Rahman: The Engine Room, Website, and Twitter

If I didn’t define myself for myself, I would be crunched into other people’s fantasies for me and eaten alive.
– Audre Lorde

The proliferation of digital data and the technologies that allow us to gather that data can be used in another way too — to allow us to define for ourselves who we are, and what we are.

Amidst a growing political climate of fear, mistrust and competition for resources, activists and advocates working in areas that are stigmatised within their societies often need data to ‘prove’ that what they are working on matters. One way of doing this is by gathering data through crowdsourcing. Crowdsourced data isn’t ‘representative’, as statisticians say, but gathering data through unofficial means can be a valuable asset for advocates. For example, data collating the experiences of women who have reported incidents of sexual violence to the police in India, can then be used to advocate for better police responses, and to inform women of their rights. Deservedly or not, quantifiable data takes precedence over personal histories and lived experience in getting the much-desired currency of attention.

And used right, quantifiable data — whether it’s crowdsourced or not — can also be a powerful tool for advocates. Now, we can use quantifiable data to prove beyond a question of a doubt that disabled people, queer people, people from lower castes, face intersecting discrimination, prejudice, and systemic injustices in their lives. It’s an unnecessary repetition in a way, because anybody from those communities could have told reams upon reams of stories about discrimination — all without any need for counting.

Regardless, to play within this increasingly digitised system, we need to repeat what we’ve been saying in a new, digitally-legible way. And to do that, we need to collect data from people who have often only ever been de-humanised as data subjects.

Artist and educator Mimi Onuoha writes about the challenges that arise while collecting such data, from acknowledging the humans behind that collection to understanding that missing data points might tell just as much of a story as the data that has been collected. She outlines how digital data means that we have to (intentionally or not) make certain choices about what we value. And the collection of this data means making human choices solid, and often (though not always) making these choices illegible to others.

We speak of black boxes when it comes to the mystery choices that algorithms make, but the same could be said of the many human decisions that are made in categorising data too, whether that be choosing to limit the gender drop-down field to just ‘male/female’ as with Fitbits, or a variety of apps incorrectly assuming that all people who menstruate also want to know about their ‘fertile window’. In large systems with many humans and machines at work, we have no way of interrogating why a category was merged or not, of understanding why certain anomalies were ignored rather than incorporated, or of questioning why certain assumptions were made.

The only thing we can do is to acknowledge these limitations, and try to use those very systems to our advantage, building our own alternatives or workarounds, collecting our own data, and using the data that is out there to tell the stories that matter to us.

For more details visit https://cis-india.org/raw/zara-rahman-can-data-ever-know-who-we-really-are

Silicon Plateau: Volume Two

sneha-pp — 2019-03-13T01:01:27Z

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

Download the book: Epub and PDF

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

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

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

Website: siliconplateau.info

Contributors

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

Editors

Marialaura Ghidini and Tara Kelton

Publisher

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

Book and Cover Design

Furqan Jawed and Tara Kelton

Copyediting

Aditya Pandya

Supported by

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

Cross-posted from Institute of Network Cultures.

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

New Contexts and Sites of Humanities Practice in the Digital (Paper)

sneha-pp — 2019-12-06T05:03:33Z

The ubiquitous presence of the ‘digital’ over the couple of decades has brought with it several important changes in interdisciplinary forms of research and knowledge production. Particularly in the arts and humanities, the role of digital technologies and internet has always been a rather contentious one, with more debate spurred now due to the growth of fields like humanities computing, digital humanities (henceforth DH) and cultural analytics. Even as these fields signal several shifts in scholarship, pedagogy and practice, portending a futuristic imagination of the role of technology in academia and practice on the one hand, they also reflect continuing challenges related to the digital divide, and more specifically politics around the growth and sustenance of the humanities disciplines. A specific criticism within more recent debates around the origin story of DH in fact, has been its Anglo-American framing, drawing upon a history in humanities computing and textual studies, and located within a larger neoliberal imagination of the university and academia. While this has been met with resistance from across different spaces, thus calling for more diversity and representation in the discourse, it is also reflective of the need to trace and contextualize more local forms of practice and pedagogy in the digital as efforts to address these global concerns. This essay by Puthiya Purayil Sneha draws upon excerpts from a study on the field of DH and related practices in India, to outline the diverse contexts of humanities practice with the advent of the digital and explore the developing discourse around DH in the Indian context.

This essay was published in Vol 22 No 1 (2016): SummerHill, Indian Institute of Advanced Study, Shimla. Edited by Dr. Bindu Menon. Download the essay here (PDF).

Abstract

The last couple of decades have seen an increasing prevalence of digital technologies and internet in the study and practice of arts and humanities. With the growth of fields like humanities computing, digital humanities (henceforth DH) and cultural analytics, there has been a renewed interest in the increasing role of the ‘digital’ in interdisciplinary forms of research and knowledge production. DH in particular has become a field of much interest and debate in different parts of the world, including in India. Globally, in the last two decades, there have been several efforts to organize the discourse around this field which seeks to explore various intersections between humanities and digital methods, spaces and tools1. But DH also continues to remain a bone of contention, with several perspectives on what exactly constitutes its methodology and scope, and most importantly its epistemological stake.

A specific criticism has been the Anglo-American framing of DH, located within a larger neoliberal imagination of the university and the higher education system at large. As a result, the connection of these two threads—a history of DH located in humanities computing and textual studies and its contextualization within the American university—is often represented as the history of DH. This has been met with resistance from several scholars and practitioners across the world calling for more global perspectives on the field. Drawing upon excerpts from a recently completed study on mapping the field of DH and related practices in India, this essay will attempt to outline the diverse contexts of humanities practice emerging with the digital turn, along with a reading of some of the global debates around DH to understand the discourse around the field in the Indian context.

For more details visit https://cis-india.org/raw/new-contexts-and-sites-of-humanities-practice-in-the-digital-paper

Making Humanities in the Digital: Embodiment and Framing in Bichitra and Indiancine.ma

sneha-pp — 2018-06-25T12:50:36Z

The growth of the internet and digital technologies in the last couple of decades, and the emergence of new ‘digital objects’ of enquiry has led to a rethinking of research methods across disciplines as well as innovative modes of creative practice. This chapter authored by Puthiya Purayil Sneha (published in 'Making Things and Drawing Boundaries: Experiments in the Digital Humanities' edited by Jentery Sayers) discusses some of the questions that arise around the processes by which digital objects are ‘made’ and made available for arts and humanities research and practice, by drawing on recent work in text and film archival initiatives in India.

Through an exploration of an online film archive, Indiancine.ma, and a digital variorum of Rabindranath Tagore’s works, Bichitra, developed at Jadavpur University, Kolkata, the chapter engages with the processes of making and studying digital objects as creative and analytical, affective, and embodied. Drawing also on observations from a study on mapping digital humanities work in India, the chapter explores conceptual and material processes of the digital to understand how they affect research and practice in the humanities. These also allow for a new perspectives to understand the condition of digitality we inhabit today, as well as the possibilities it offers for the humanities.

This chapter authored by Puthiya Purayil Sneha was published in Making Things and Drawing Boundaries: Experiments in the Digital Humanities (2017), edited by Jentery Sayers, University of Minnesota Press, Minneapolis, London.

For more details visit https://cis-india.org/raw/making-humanities-in-the-digital-embodiment-and-framing-in-bichitra-and-indiancine.ma

Exploring Big Data for Development: An Electricity Sector Case Study from India

sumandro — 2019-03-16T04:33:15Z

This working paper by Ritam Sengupta, Dr. Richard Heeks, Sumandro Chattapadhyay, and Dr. Christopher Foster draws from the field study undertaken by Ritam Sengupta, and is published by the Global Development Institute, University of Manchester. The field study was commissioned by the CIS, with support from the University of Manchester and the University of Sheffield.

Download the working paper: PDF

Abstract

This paper presents exploratory research into “data-intensive development” that seeks to inductively identify issues and conceptual frameworks of relevance to big data in developing countries. It presents a case study of big data innovations in “Stelcorp”; a state electricity corporation in India. In an attempt to address losses in electricity distribution, Stelcorp has introduced new digital meters throughout the distribution network to capture big data, and organisation-wide information systems that store and process and disseminate big data.

Emergent issues are identified across three domains: implementation, value and outcome. Implementation of big data has worked relatively well but technical and human challenges remain. The advent of big data has enabled some – albeit constrained – value addition in all areas of organisational operation: customer billing, fault and loss detection, performance measurement, and planning. Yet US$ tens of millions of investment in big data has brought no aggregate improvement in distribution losses or revenue collection. This can be explained by the wider outcome, with big data faltering in the face of external politics; in this case the electoral politics of electrification. Alongside this reproduction of power, the paper also reflects on the way in which big data has enabled shifts in the locus of power: from public to private sector; from labour to management; and from lower to higher levels of management.

A number of conceptual frameworks emerge as having analytical power in studying big data and global development. The information value chain model helps track both implementation and value-creation of big data projects. The design-reality gap model can be used to analyse the nature and extent of barriers facing big data projects in developing countries. And models of power – resource dependency, epistemic models, and wider frameworks – are all shown as helping understand the politics of big data.

Cross-posted from University of Manchester.

For more details visit https://cis-india.org/raw/exploring-big-data-for-development-an-electricity-sector-case-study-from-india

Indian Newspapers' Digital Transition

zeenab — 2016-12-09T07:12:53Z

This report examines the digital transition underway at three leading newspapers in India, the Dainik Jagran in Hindi, English-language Hindustan Times, and Malayala Manorama in Malayalam. Our focus is on how they are changing their newsroom organisation and journalistic work to expand their digital presence and adapt to a changing media environment. The report comes out of a collaboration between the CIS and the Reuters Institute for the Study of Journalism, University of Oxford, and was supported by the latter. The research was undertaken by Zeenab Aneez, with contributions from Rasmus Kleis Nielsen, Vibodh Parthasarathi, and Sumandro Chattapadhyay.

Download: PDF.

Cross-posted from the Reuters Institute for the Study of Journalism (December 08, 2016).

Executive Summary

This report examines the digital transition underway at three leading newspapers in India, the Dainik Jagran in Hindi, English-language Hindustan Times, and Malayala Manorama in Malayalam. Our focus is on how they are changing their newsroom organisation and journalistic work to expand their digital presence and adapt to a changing media environment.

The background for the report is the rapid and continued growth in digital media use in India. Especially since 2010, internet use has grown at an explosive pace, driven by the spread of mobile web access, also outside large urban areas and the more affluent and highly educated English-language minority that have historically represented a large part of India’s internet users. Some analysts estimate more than 30% of Indians had some form of internet access by the end of 2015 (IAMAI-IMRB, 2015). With this growth has come a perceptible shift of audience attention and advertising investment away from legacy media like print and television and towards digital media. This shift has been accompanied by the launch of a number of new digital media start-ups in India and, especially, the growing role of large international technology companies investing in the Indian market.

These developments present Indian newspapers with new challenges and opportunities. Print circulation and advertising is still growing in India, but more slowly than in the past, and especially the English-language market seems saturated and ripe for the shift towards digital media that has happened elsewhere. From 2014 to 2015, the Indian advertising market grew by 13%. Print grew 8%, but English-language newspaper advertising only half of that. Digital advertising, in contrast, grew by 38%, and is projected to continue to grow for years to come as digital media become more central to India’s overall media environment (KPMG-FICCI, 2016).

If they want to secure their long-term future and continued editorial and commercial success, Indian newspapers have to adapt to these changes. The three case studies in this report represent three different examples of how major newspapers are navigating this transition.

Based on over 30 interviews conducted with senior management, editors, and rank-and-file reporters from three major newspapers, as well as other senior journalists and researchers who have wider experience in the Indian news industry, plus secondary sources including industry reports and academic research, we show the following.

All three newspapers are proactively investing in digital media technology and expertise, and adapting their editorial priorities, parts of their daily workflow, distribution strategies, and business model to the rise of digital media. Tools like Chartbeat are now commonplace; search engine optimisation, social media optimisation, and audience analytics are part of everyday work; and some are experimenting with new formats (Hindustan Times was a launch partner for Facebook Instant Articles; Manorama Online has produced both Virtual Reality and 360 videos, an Apple watch app, and is on Amazon Echo).
Given that the print newspaper industry is still growing in India, especially in Indian-language markets, these newspapers are innovating from a position of relative strength in comparison to their North American and European counterparts. However, this is done with the awareness that that print is becoming a relatively less important part of the Indian media environment, and digital media more important. Short-term, reach and profits come from print, but longer term, all have to build a strong digital presence to succeed editorially and commercially.
All three newspapers aim to do this by building on the assets they have as legacy media organisations, and trying to leverage their brand reputation, audience reach, and editorial resources to maintain an edge over digital news start-ups and international news providers. Their legacy, however, offers not only assets, but also liabilities. As successful incumbents, all of them struggle with the inertia that comes from established organisational structures and professional cultures. To change their organisation and culture, and thus more effectively combine new technologies and skills with existing core competences, each newspaper is not only investing in digital media and personnel, but also trying to change at least parts of the existing newspaper to adapt to an increasingly digital media environment.
They do this in different ways. At Dainik Jagran and Malayala Manorama, the focus has been on building up separate digital operations at Jagran.com and Manorama Online, apart from the printed newspaper itself. At the Hindustan Times, in contrast, the aim has been to integrate print and digital in a joint operation working across platforms and channels. Dainik Jagran and Malayala Manoroma have thus focused mostly on building up new digital assets, whereas the Hindustan Times has been transforming existing assets to work across platforms. At Dainik Jagran and Malayala Manorama, much of the push for change has come from management, whereas there has been a stronger editorial involvement at the Hindustan Times, and a greater attempt to engage rank-and-file reporters through training sessions and other initiative designed to demonstrate not only the commercial importance, but also the editorial potential, of digital media.
All three newspapers have found that expanding their digital operations requires investment of money in new technologies and in staff with new skills. But it is also clear that this is not enough. Investment in technology has to be accompanied by a change in organisation and culture to effectively leverage existing assets in a digital media environment. In their attempts to do this, the most significant barriers have been a perceived cultural hierarchy, deeply ingrained especially in the newsroom, that print journalism is somehow inherently superior to digital journalism, and a lack of effective synergy between editorial leaders and managers, often combined with a lack of technical know-how. Money can buy new tools and bring in new expertise, but it cannot on its own change culture, ensure synergy, or align the organisation with new priorities. This requires leadership and broad-based change. Long-term, senior editors, management, and rank-and-file reporters will have to work and change together to secure Indian newspapers’ role in an increasingly digital media environment.

Digital media thus present Indian newspapers with challenges and opportunities similar to those newspapers have faced elsewhere. Only they face these from a position of greater strength, because of the continued growth in their print business, and with the benefit of having seen how things have developed in more technologically developed markets. We hope this report will help them navigate the digital transition ahead.

For more details visit https://cis-india.org/raw/indian-newspapers-digital-transition

Privacy after Big Data: Compilation of Early Research

Saumyaa Naidu — 2016-11-12T01:37:03Z

Download the Compilation (PDF)

Privacy after Big Data

Evolving data science, technologies, techniques, and practices, including big data, are enabling shifts in how the public and private sectors carry out their functions and responsibilities, deliver services, and facilitate innovative production and service models to emerge. For example, in the public sector, the Indian government has considered replacing the traditional poverty line with targeted subsidies based on individual household income and assets. The my.gov.in platform is aimed to enable participation of the connected citizens, to pull in online public opinion in a structured manner on key governance topics in the country. The 100 Smart Cities Mission looks forwards to leverage big data analytics and techniques to deliver services and govern citizens within city sub-systems. In the private sector, emerging financial technology companies are developing credit scoring models using big, small, social, and fragmented data so that people with no formal credit history can be offered loans. These models promote efficiency and reduction in cost through personalization and are powered by a wide variety of data sources including mobile data, social media data, web usage data, and passively collected data from usages of IoT or connected devices.

These data technologies and solutions are enabling business models that are based on the ideals of ‘less’: cash-less, presence-less, and paper-less. This push towards an economy premised upon a foundational digital ID in a prevailing condition of absent legal frameworks leads to substantive loss of anonymity and privacy of individual citizens and consumers vis-a-vis both the state and the private sector. Indeed, the present use of these techniques run contrary to the notion of the ‘sunlight effect’ - making the individual fully transparent (often without their knowledge) to the state and private sector, while the algorithms and means of reaching a decision are opaque and inaccessible to the individual.

These techniques, characterized by the volume of data processed, the variety of sources data is processed from, and the ability to both contextualize - learning new insights from disconnected data points - and de-contextualize - finding correlation rather than causation - have also increased the value of all forms of data. In some ways, big data has made data exist on an equal playing field as far as monetisation and joining up are concerned. Meta data can be just as valuable to an entity as content data. As data science techniques evolve to find new ways of collecting, processing, and analyzing data - the benefits of the same are clear and tangible, while the harms are less clear, but significantly present.

Is it possible for an algorithm to discriminate? Will incorrect decisions be made based on data collected? Will populations be excluded from necessary services if they do not engage with certain models or do emerging models overlook certain populations? Can such tools be used to surveil individuals at a level of granularity that was formerly not possible and before a crime occurs? Can such tools be used to violate rights – for example target certain types of speech or groups online? And importantly, when these practices are opaque to the individual, how can one seek appropriate and effective remedy.

Traditionally, data protection standards have defined and established protections for certain categories of data. Yet, data science techniques have evolved beyond data protection principles. It is now infinitely harder to obtain informed consent from an individual when data that is collected can be used for multiple purposes by multiple bodies. Providing notice for every use is also more difficult – as is fulfilling requirements of data minimization. Some say privacy is dead in the era of big data. Others say privacy needs to be re-conceptualized, while others say protecting privacy now, more than ever, requires a ‘regulatory sandbox’ that brings together technical design, markets, legislative reforms, self regulation, and innovative regulatory frameworks. It also demands an expanding of the narrative around privacy – one that has largely been focused on harms such as misuse of data or unauthorized collection – to include discrimination, marginalization, and competition harms.

In this compilation we have put together a series of articles that we have developed as we explore the impacts – positive and negative – of big data. This includes looking at India’s data protection regime in the context of big data, reviewing literature on the benefits of harms of big data, studying emerging predictive policing techniques that rely on big data, and analyzing closely the impact of big data on specific privacy principles such as consent. This is a growing body of research that we are exploring and is relevant to multiple areas of our work including privacy and surveillance. Feedback and comments on the compilation are welcome and appreciated.

Elonnai Hickok
Director - Internet Governance

For more details visit https://cis-india.org/internet-governance/blog/privacy-after-big-data-compilation-of-early-research

Silicon Plateau Vol-1

sumandro — 2019-03-13T00:56:36Z

This book marks the beginning of an interdisciplinary artistic project, Silicon Plateau, the scope of which is to observe how the arts, technology and society intersect in the city of Bangalore. Silicon Plateau is a collaboration between T.A.J. Residency & SKE Projects and the Researchers at Work (RAW) programme of the Centre for Internet and Society in Bangalore, India. Volume 1 has been developed in collaboration with or-bits.com.

For us this series has a two-fold core. One the one side, there is the city of Bangalore, the trigger for various reflections about the way in which technology (old or emerging, as a service or as infrastructure) informs the socio-cultural and political environment; a city that is fascinating to us not just because we are located here but also for its characteristic fast-paced development shaped by the IT-boom and related industries. On the other side, there are the arts and creative thinking, for us the languages, lenses and methods to be used for interpreting technological developments and discussing their role and impact in the present time.

Our hope is that of building a series based on tangible accounts revolving around the unresolved complexities inherent to the intermingling of the arts, technology and society, and in the context of local histories and occurrences rather than of global narratives and mass media constructs. Stories that for our audience, we hope, will be those of the encounters—fortuitous, anticipated or even inconvenient—that a wide variety of contributors will have had with this fascinating city.

— Marialaura Ghidini and Tara Kelton

High-resolution PDF: Download (31.8 MB)

Low-resolution PDF: Download (4.7 MB)

T.A.J. Residency & SKE Projects: Website

or-bits.com: Website

For more details visit https://cis-india.org/raw/silicon-plateau-vol-1

Digital Activism in Asia Reader

sumandro — 2015-10-24T14:36:44Z

The digital turn might as well be marked as an Asian turn. From flash-mobs in Taiwan to feminist mobilisations in India, from hybrid media strategies of Syrian activists to cultural protests in Thailand, we see the emergence of political acts that transform the citizen from being a beneficiary of change to becoming an agent of change. In co-shaping these changes, what the digital shall be used for, and what its consequences will be, are both up for speculation and negotiation. Digital Activism in Asia marks a particular shift where these questions are no longer being refracted through the ICT4D logic, or the West’s attempts to save Asia from itself, but shaped by multiplicity, unevenness, and urgencies of digital sites and users in Asia. It is our great pleasure to present the Digital Activism in Asia Reader.

The Book

The Reader took shape over two workshops with a diverse range of participants, including activists, change-makers, and scholars, organised by the Researchers at Work (RAW) programme in June 2014 and March 2015. During the first workshop, the participants identified the authors, topics, and writings that should be included/featured in the reader, based upon their relevance in the grounded practices of the participants, who came from various Asian countries. The second workshop involved open discussions regarding how the selected readings should be annotated, from key further questions to strategies of introducing them, followed by development of the annotations by the participants of the workshop. The full list of contributors, annotators, and editors is mentioned at the end of the book.

We are grateful to the Meson Press for its generous and patience support throughout the development process of the book.

Please download, read, and share this open-access book from the Meson Press website.

The Reader has been edited by Nishant Shah, P.P. Sneha, and Sumandro Chattapadhyay, with support from Anirudh Sridhar, Denisse Albornoz, and Verena Getahun.

Excerpt from the Foreword

Compiling this Reader on Digital Activism in Asia is fraught with compelling challenges, because each of the key terms in the formulation of the title is sub-ject to multiple interpretations and fierce contestations. The construction of ‘Asia’ as a region, has its historical roots in processes of colonial technologies of cartography and navigation. Asia was both, a measured entity, mapped for resources to be exploited, and also a measure of the world, promising anorientation to the Western World’s own turbulent encounters. As Chen Kuan-Hsing points out in his definitive history of the region, Asia gets re-imagined as a ‘method’ in cold-war conflicts, becoming the territory to be assimilated through exports of different ideologies and cultural purports. Asia does not have its own sense of being aregion. The transactions, interactions, flows and exchanges between different countries and regions in Asia have been so entirely mediated by powers of colonisation that the region remains divided and reticent in its imagination of itself. However, by the turn of the 21st century, Asia has seen a new awakening. It finds a regional identity, which, surprisingly did not emerge from its consolidating presence in global economics or in globalised structures of trade and commerce. Instead, it finds a presence, for itself, through a series of crises of governance, of social order, of political rights, and of cultural productions, that binds it together in unprecedented ways.

The digital turn might as well be marked as an Asian turn, because with the new networks of connectivity, with Asian countries marking themselves as informatics hubs, working through a circulated logic of migrant labour and dis-tributed resources, there came a sense of immediacy, proximity, and urgencythat continues to shape the Asian imagination in a new way. In the last decade or so, the rapid changes that have emerged, creating multiple registers of modernity, identity, and community in different parts of Asia, accelerated by a seamless exchange of ideas, commodities, cultures, and people have created a new sense of the region as emerging through co-presence rather than competition and conflict. Simultaneously, the emergence of global capitals of information, labour and cultural export, have created new reference points by which the region creates its identities and networks that are no longer subject to the tyranny of Western hegemony...

While the digital remains crucial to this shaping of contemporary Asia, both in sustaining the developmental agenda that most of the countries espouse, and in opening up an inward looking gaze of statecraft and social organisation, the digital itself remains an ineffable concept. Largely because the digital is like a blackbox that conflates multiple registers of meaning and layers of life, it becomes important to unengineer it and see what it enables and hides. The economic presence of the digital is perhaps the most visible in telling the story of Asia in the now. Beginning with the dramatic development of Singapore as the centre of informatics governance and the emergence of a range of cities from Shanghai to Manilla and Bangalore to Tehran, there has been an accelerated narrative of economic growth and accumulation of capital that is often the global face of the Asian turn. However, this economic reordering is not a practice in isolation. It brings with it, a range of social stirrings that seek to overthrow traditional structures of oppression, corruption, control, and injustice that have often remained hidden in the closed borders of Asian countries. However, the digital marks a particular shift where these questions are no longer being excavated by the ICT4D logic, of the West’s attempts to save Asia from itself. These are questions that emerge from the ground, as more people interact with progressive and liberal politics and aspire not only for higher purchase powers but a better quality of rights. The digital turn has opened up a range of social and political rights based discourses, practices, and movements, where populations are holding their governments and countries responsible, accountable, and culpable in the face of personal and collective loss and injustice...

In the face of this multiplicity of digital sites and usages that are reconfiguring Asia, it is obvious then, that the very nature of what constitutes activism is changing as well. Organised civil society presence in Asia has often had a strong role in shaping modern nation states, but more often than not these processes were defined in the same vocabulary as that of the powers that they were fighting against. Marked by a strong sense of developmentalism and often working in complement to the state rather than keeping a check on the state’s activities, traditional activism in Asia has often suffered from the incapacity to scale and the inability to find alternatives to the state-defined scripts of development, growth and progress. In countries where literacy rates have been low, these movements also suffer from being conceived in philosophical and linguistic sophistry that escapes the common citizen and remains the playground of the few who have privileges afforded to them by class and region. Digital Activism, however, seems to have broken this language barrier, both internally and externally, allowing for new visualities enabled by ubiquitous computing to bring various stakeholders into the fray... At the same time, the digital itself has introduced new problems and concerns that are often glossed over, in the enthralling tale of progress. Concerns around digital divide, invasive practices of personal data gathering, the nexus of markets and governments that install the citizen/consumer in precarious conditions, and the re-emergence of organised conservative politics are also a part of the digital turn. Activism has had to focus not only on digital as a tool, but digital also as a site of protest and resistance...

The Reader does not offer an index of the momentous emergence with the growth of the digital or a chronological account of how digital activism in Asia has grown and shaped the region. Instead, the Reader attempts a crowd-sourced compilation that presents critical tools, organisations, theoretical concepts, political analyses, illustrative case-studies and annotations, that an emerging network of changemakers in Asia have identified as important in their own practices within their own contexts.

For more details visit https://cis-india.org/raw/digital-activism-in-asia-reader

Intellectual Property Rights — Open Access for Researchers

nehaa — 2015-03-24T01:22:20Z

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

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

Module Introduction

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

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

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

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

Acknowledgements

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

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

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

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

nishant — 2015-04-14T12:47:38Z

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

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

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

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

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

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

The Asian Edge

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

Plotting Edges: The Rationale

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

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

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

The core course: methodologies for cultural studies in Asia

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tying things up: key learnings

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

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

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

References

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

Author's Biography

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

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

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

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

Pervasive Technologies: Patent Pools

nehaa — 2013-07-03T06:57:59Z

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

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

Introduction

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

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

Understanding Patent Pools

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

The Working of a Patent Pool

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

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

Drawing Parallels with Other Patent Pools

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

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

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

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

Patenting in Telecom and Related Technology

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Concluding Observations

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

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

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

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

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

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

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

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

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

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

[4]. Id.

[5]. Id.

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

[7].

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

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

[10]. Supra note 3

[11]. Supra note 3

[12]. Supra note 3

[13]. Supra note 3

[14]. Supra note 3

[15]. Supra note 3

[16]. Supra note 3

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

[18]. Id.

[19]. Id.

[20]. Id.

[21]. Supra note 17 at 23.

[22]. Supra note 17 at 23.

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

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

[25]. Supra note 17 at 25

[26]. Supra note 17 at 27

[27]. Supra note 17 at 27

[28]. Supra note 17 at 28

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

[30]. Id.

[31]. Id.

[32]. Id.

[33]. Id at 42.

[34]. Id at 42.

[35]. Id at 42-43.

[36]. Id at 43.

[37]. Supra note 17 at 29.

[38]. Supra note 17 at 39.

[39]. Supra note 17 at 39.

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

[41]. Id.

[42]. Id.

[43]. Id.

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

[45]. Id.

[46]. Id.

[47]. Supra note 40.

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

[49]. Id.

[50]. Id.

[51]. Id.

[52]. Id.

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

[54]. Id.

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

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

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

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

[59]. Id.

[60]. Id.

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

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

[63]. Id.

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

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

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

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

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

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

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

[71]. Id.

[72]. Id.

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

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

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

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

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

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

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

[80]. Supra notes 75 and 78.

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

[82]. Id at 8.

[83]. Id at 9.

[84]. Id at 9.

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

[86]. Supra note 23.

[87]. Id.

[88]. Supra note 23.

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

[90]. Id.

[91]. Supra note 23.

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

Whose Change is it Anyway?

nishant — 2015-04-17T10:56:47Z

This thought piece is an attempt to reflect critically on existing practices of “making change” and its implications for the future of citizen action in information and network societies. It observes that change is constantly and explicitly invoked at different stages in research, practice, and policy in relation to digital technologies, citizen action, and network societies.

The White Paper by Nishant Shah was published by Hivos recently.

However, we do not have adequate frameworks to address the idea of change. What constitutes change? What are the intentions that make change possible? Who are the actors involved? Whose change is it, anyway?

Drawing on the Hivos Knowledge Programme and on knowledge frameworks around youth, technology, and change from the last four years, this thought piece introduces new ways of defining, locating, and figuring change. In the process, it also helps understand the role that digital technologies play in shaping and amplifying our processes and practices of change, and to understand actors of change who are not necessarily confined to the category of “citizen”, which seems to be understood as the de facto agent of change in contemporary social upheavals, political uprisings, and cultural innovations.

Methodologically, this thought piece attempts to make three discursive interventions: It locates digital activism in historical trajectories, positing that digital activism has deep ties to traditional activism, when it comes to the core political cause. Simultaneously, it recognises that new modes of political engagement are demanding and producing novel practices and introducing new actors and stakeholders. It looks at contemporary digital and network theories, but also draws on older philosophical lineages to discuss the crises that we seek to address. It tries to interject these abstractions and theoretical frameworks back into the field by producing two case studies that show how engagement with these questions might help us reflect critically on our past practices and knowledge as well as on visions for and speculations about the future, and how these shape contemporary network societies. It builds a theoretical framework based on knowledge gleaned from conversations, interviews, and on-the-ground action with different groups and communities in emerging information societies, and integrates with new critical theory to build an interdisciplinary and accessible framework that seeks to inform research, development-based interventions, and policy structures at the intersection of digital technologies, citizen action, and change by introducing questions around change into existing discourse.

Click to download the full White Paper here (PDF, 321 Kb)

For more details visit https://cis-india.org/digital-natives/blog/hivos-knowledge-programme-june-14-2013-nishant-shah-whose-change-is-it-anyway

Accessibility of Government Websites in India: A Report

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

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

Executive Summary

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

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

Executive Summary

Highlights

Introduction

What is Accessibility?

Methodology

Findings and Interpretation

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

Recommendations

Appendix 1: Examples of Errors

Appendix 2: About the National Policy on Universal Electronic Accessibility

Appendix 3: List of Testers and Authors

Given below is the link to download the full report:

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

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

Centre for Internet and Society

Data bleeding everywhere: a story of period trackers

Please read the full essay on Deep Dives: Data bleeding everywhere: a story of period trackers

Sadaf Khan: Media Matters for Democracy and Twitter

Can data ever know who we really are?

Please read the full essay on Deep Dives: Can data ever know who we really are?

Zara Rahman: The Engine Room, Website, and Twitter

Silicon Plateau: Volume Two

Download the book: Epub and PDF

Contributors

Editors

Publisher

Book and Cover Design

Copyediting

Supported by

New Contexts and Sites of Humanities Practice in the Digital (Paper)

Abstract

Making Humanities in the Digital: Embodiment and Framing in Bichitra and Indiancine.ma

Exploring Big Data for Development: An Electricity Sector Case Study from India

Download the working paper: PDF

Abstract

Indian Newspapers' Digital Transition

Download: PDF.

Executive Summary

Privacy after Big Data: Compilation of Early Research

Download the Compilation (PDF)

Privacy after Big Data

Silicon Plateau Vol-1

— Marialaura Ghidini and Tara Kelton

High-resolution PDF: Download (31.8 MB)

Low-resolution PDF: Download (4.7 MB)

T.A.J. Residency & SKE Projects: Website

or-bits.com: Website

Digital Activism in Asia Reader

The Book

Excerpt from the Foreword

Intellectual Property Rights — Open Access for Researchers

Module Introduction

Acknowledgements

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

Plotting Edges: The Rationale

The core course: methodologies for cultural studies in Asia

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

Tying things up: key learnings

References

Author's Biography

Pervasive Technologies: Patent Pools

Introduction

Understanding Patent Pools

The Working of a Patent Pool

Drawing Parallels with Other Patent Pools

Patenting in Telecom and Related Technology

Concluding Observations

Whose Change is it Anyway?

Accessibility of Government Websites in India: A Report

Executive Summary

Table of Contents