Centre for Internet and Society

Dictionary words in software patent guidelines puzzle industry

praskrishna — 2013-09-04T06:20:24Z

Terms not defined in draft guidelines on patents for computer-related inventions leaves room for misinterpretation

The article by C.H.Unnikrishnan was published in Livemint on August 26, 2013. The Centre for Internet and Society's work on access to knowledge is mentioned.

Could the simple Latin phrase, per se, which translates as “in itself”, lead to confusion in verifying whether a computer-related invention deserves a patent or not? Some members of the $108 billion Indian information technology industry, intellectual property (IP) law firms and anti-patent lobby groups say it can.

The inclusion of some terms that are not defined by local laws in the government’s draft guidelines on patents for computer-related inventions (CRIs) leaves room for ambiguity and misinterpretation when examiners grant or reject such a patent, they say. The guidelines were released in early August.

The terms include ‘per se’, algorithm, hardware, firmware —and CRI itself.

CRI “has not been defined in any of the Indian statutes and is construed to mean, for the purpose of these guidelines, any invention which involves the use of computers, computer networks or other programmable apparatus and includes such inventions, one or more features of which are realized wholly or partially by means of a computer programme/programmes”, the Indian Patent Office (IPO) acknowledged in the draft guidelines, and called for feedback from industry stakeholders by 8 August.

	Patent examination is the most crucial function performed by a patent office. An examiner verifies the invention claims made by an applicant by relying on scientific parameters, industrial applicability and previously known technologies, among others, to decide whether the claims are genuine and deserve a patent. IPO’s draft guidelines are aimed at helping examiners in this task. However, with new technologies, the task of granting or rejecting patents has become tougher, as acknowledged by the patent office, in its draft guidelines. The confusion is only compounded with the inclusion of dictionary terms such as per se. The Indian Patent Law does not contain any specific provision regarding the protection of computer software that includes programs, musical and artistic works, studio and video recordings, databases and preparation material and associated documents such as manuals. India does not grant pure software patents (i.e., a patent over a “computer programme per se”).

Patent examination is the most crucial function performed by a patent office. An examiner verifies the invention claims made by an applicant by relying on scientific parameters, industrial applicability and previously known technologies, among others, to decide whether the claims are genuine and deserve a patent.

IPO’s draft guidelines are aimed at helping examiners in this task. However, with new technologies, the task of granting or rejecting patents has become tougher, as acknowledged by the patent office, in its draft guidelines. The confusion is only compounded with the inclusion of dictionary terms such as per se.

The Indian Patent Law does not contain any specific provision regarding the protection of computer software that includes programs, musical and artistic works, studio and video recordings, databases and preparation material and associated documents such as manuals. India does not grant pure software patents (i.e., a patent over a “computer programme per se”).

Software, instead, is protected by the Copyright Law, similar to literary and aesthetic works.

In the feedback, a copy which was reviewed by Mint, India’s largest software services exporter Tata Consultancy Services Ltd (TCS), said it “is happy to note that IPO is taking the right steps in the direction of protecting inventions...Moving from the notion of ‘Computer Implemented Invention’ to ‘Computer Related Invention’ itself is a positive shift...”

	“Primary objective of the CRI guidelines, as expected and understood by the stakeholders, is to deliberate on the meaning of “per se” in Section 3(k) for Software Inventions with example pertaining to Software Inventions and not interpret them to be the Hardware-led inventions,” said TCS in its feedback. It added that “while examining the technical character of a CRI, mere usage of the words such as enterprise, business, business rules, supply-chain, order, sales, transactions, commerce, payment, etc. in the (patent) claims should not lead to conclusion of the CRI being just a ‘Business Method’ without any technical character. These terminologies actually qualify the contextual utility and fitment of the inventions..”

“Primary objective of the CRI guidelines, as expected and understood by the stakeholders, is to deliberate on the meaning of “per se” in Section 3(k) for Software Inventions with example pertaining to Software Inventions and not interpret them to be the Hardware-led inventions,” said TCS in its feedback.

It added that “while examining the technical character of a CRI, mere usage of the words such as enterprise, business, business rules, supply-chain, order, sales, transactions, commerce, payment, etc. in the (patent) claims should not lead to conclusion of the CRI being just a ‘Business Method’ without any technical character. These terminologies actually qualify the contextual utility and fitment of the inventions..”

According to Rajiv Kumar Choudhari, a lawyer specializing in IT patent law, a computer program is software ‘per se’ because there may be no transformation of data/signal/input, or there is no tangible benefit to the device if this software is run on the device. “The benefit to the device may be in terms of efficiency, or increase/decrease in certain attributes,” he said in a blog in SpicyIP where he analyzed software patenting position in India earlier.

In such cases, if the applicant fails to define the exact benefit to the device in a tangible manner, the examiner may refuse to grant a patent. In January 2012, for instance, the Delhi patent office rejected a software patent application filed by Netomat Inc., on grounds that it did not fulfil the requirement of Section 3(k).

According to section 3(k) of the Indian Patent Act, “a mathematical or business method or computer programs per se or algorithms” are not inventions.

Between 2006 and 2011, the latest available data, 34,967 IT patent applications were filed with the Indian patent office. It granted about 5,594 patents during the same period.

“We hope that through this consultation (feedback) the prevailing evaluation methods for computer related inventions will become more efficient and encourage the Industry to file and protect their IP. However, we have some major concerns related to the draft guidelines,” said Nassom, the country’s software lobby body.

Overall, the guidelines appear to be “restrictive and may be a hindrance to grant of patents in India, even when such rights would be granted in other countries like Europe, Japan, etc,” said Nasscom, adding that “over a period of time”, it will discourage innovative activities from being carried out in India.

For instance, Nasscom pointed out that since the patent office has not defined ‘per se’, the phrase “computer program per se” should mean a set of instructions by itself or computer program by itself. “This meaning is generally accepted even in the UK and before the EPO (European Patent Office),” it added. The software lobby body has suggested that the scope of the “per se” limitation in Section 3(k) should be changed to cover hardware features, irrespective of whether the features are novel or not.

The guidelines, said Nasscom, seem to imply that for computer program-related claims to be allowed, the software needs to be “machine specific”, which “will unfortunately exclude patent protection for any computer-implemented invention designed to be interoperable across platforms, and not specific to a machine”.

In its feedback to the patent office, the Centre for Internet and Society (CIS), an organization that works on Internet privacy-related issues, underscored the complexity that new technologies could introduce by citing the example of CRIs in the field of data storage.

The first compact disc (CD) was invented in 1982, the digital video disc (DVD) in 1995 and the flash drive in 1999.

“While each of these inventions was far superior to their predecessor, the time between each incremental innovation has drastically reduced,” CIS noted in its feedback

“If an invention can become obsolete in as little as 2 years, it would make little sense to grant monopoly rights for 20 years. So even if a CRI passes the three tests of novelty, inventive step and industrial applicability, it needs to be evaluated from the perspective of its possible obsolescence. In such a scenario, the examiner should look at the history of innovation in that particular field to ascertain that the invention does not become obsolete in a short time.”

Also consider for instance the term, “business methods”. It involves a whole gamut of activities in a commercial or industrial enterprise relating to transaction of goods or services but “the claims are at times drafted not directly as business methods but apparently with hitherto available technical features such as Internet, networks, satellites, tele-communications, etc”, the draft stated.

“The exclusions are carved out for all business methods and, therefore, if in substance the claims relate to business method even with the help of technology, they are not considered patentable,” the guidelines added.

The Japan intellectual Property Association, in its reaction to the India’s new CRI patenting guidelines, also noted that recent computers, including processors or memories, mostly do not rely on any specific programs.

“In addition, software-related inventions should be patentable originally for their functioning on the basis of novel computer programs in combination with general purpose devices. However, these computer-related inventions would be excluded from protection under the new standards for patentability,” it cautioned.

The draft guidelines “have interpreted and applied Section 3(k) of the Indian Patent Act 1970 in a more restrictive way to conclude as to what is patentable, which is a cause of concern to various stakeholders”, said Federation of Indian Chambers of Commerce and Industries (FICCI) in its reaction.

Software patents remain an emotive issue.

Their proponents argue that patents promote investment in research and development, accelerate software development by making previously unknown and not obvious software inventions public and protect IP of software companies. They also encourage the creation of software companies and jobs and increase the valuation of small companies, the proponents add.

Critics counter that traditional copyright has provided sufficient protection to facilitate massive investment in software development and that most software patents cover either trivial inventions or inventions that would have been obvious to persons of ordinary skill in the art at the time the invention was made.

Globally, patents in the IT and software sector are being revisited due to litigation and compensation claims over misuse of patents including the much-hyped patent battle of Apple Inc. with Samsung Electronics and Google Inc. with Microsoft Corp.

In June 2008, technology companies including Google, Intel Corp, Oracle Corp, Cisco and Hewlett-Packard Co. set up the ‘Allied Security Trust’ to address the risk of patent-infringement suits by buying those patents which they feel are most important to their businesses.

AST has 26 members from Europe, North America and Asia. It buys patents that its members have expressed interest from the patent holder, and the cost would be deducted from those companies’ Escrow accounts. AST argues that non-practicing entities, or NPEs, also known as patent trolls, produce no products or services of their own, and yet acquire patents—sometimes hundreds of them—with the sole intention of asserting their right and conduct patent litigation to extract settlements or licensing fees.

In 2008, AST estimated that it costs operating companies an average of $3.2 million through the end of discovery and $5.2 million through trial to defend cases in which there is more than $25 million at stake.

The costs of determining if a particular piece of software infringes any issued patents are too high and the results too are uncertain. A software patent costs, on average, around $20,000, it said.

For more details visit https://cis-india.org/news/livemint-august-26-2013-ch-unnikrishnan-dictionary-words-in-software-patent-guidelines-puzzle-industry

Voices from Goa: Rusita Paryekar, a MA student writes articles on Konkani Wikipedia

subha — 2013-09-06T12:30:19Z

Rusita Paryekar is one of the 38 students from the MA Konkani department of Goa University gathered at the State Central Library to learn writing and editing articles on Konkani Wikipedia. Currently Konkani Wikipedia is in incubation and needs more voluntary participation from enthusiasts who want their language, Konkani to strengthen its base in the digital knowledge domain.


					Wikipedia editor Rusita Paryekar speaks about her editing experience on Konkani Wikipedia.

Thirty-eight M.A. students from the Konkani department of Goa came together for a four day long Konkani Wikipedia editing fun workshop and created history. Konkani Wikipedia is one of the Wikipedia projects that went into incubation (a phase every new Wikipedia project goes to allow the editor community to grow and take the project to a sustainable position) seven years back. Sadly it is still in incubation. One of the major reasons is the conflict for script. Konkani is written in 5 different scripts; Devanagari in Goa (as the official script of Goa) and Maharashtra, Roman (also known as Romi) and written by Goan Christian population, Kannada in Mangalore region of Karnataka, and Malayalam in Kochi region of Kerala. The Konkani speaking diaspora is now very much part of the the socio-ethnic groups of these neighbouring regions. The language of these states has naturally influenced Konkani spoken and written by the Konkani diaspora which has resulted in multiple writing standards and dialects. There are four standards of writing systems:

Writing standard that is officially approved by the Directorate of Official language, Government of Goa written in Devanagari script. Majority of the books (includes all Government of Goa publications) are written in this standard.
Writing standard that was influenced by the Portugese language during the Portuguese rule. Earliest available writings in Konkani including The Holy Bible are written in this standards.
Writing standard that Mangalorean Konkani diaspora use.
Writing standard that Keralite Konkani diaspora use.

Interestingly Konkani diaspora of all these regions have produced books in the writing standards mentioned above. The Konkani Wikipedia incubation project currently has 133 articles written in 3 different scripts; Devanagari, Roman and Kannada which has been a problem to get the approval. But this has not stopped the language enthusiasts to stop contributing. While meeting these students I felt that urge for bringing up Konkani in a digital domain and telling the Konkani diaspora about the untold story of Goa. This is the motivation that drives Rusita and many others to contribute to Wikipedia. Her first contribution was about Goan folk songs (गोंयची लोकगितां) which is the first Konkani article about this topic on the internet that is available for free. ‘If I would not write about my culture in my language who would do that?, says Rusita.

Further reading
Manohar L. Sardessai. Influence on Konkani. Journal of South Asian Literature. Vol. 18, No. 1, Goan Literature: A Modern Reader (Winter, Spring 1983), pp. 155-158.

Copyright note: The video and the content of this post are in CC-BY-SA 3.0. Feel free to use, share and remix the content and attribute me.

For more details visit https://cis-india.org/openness/blog-old/voices-from-goa-wikipedia-editor-rusita-paryekar

Voices from Goa: Frania Pereira tells Why She Writes Articles on Konkani Wikipedia

subha — 2013-09-05T09:24:57Z

Konkani as a language has seen geographical, political and religious conflicts. Being the official language of Goa and spoken widely in the Indian states of Karnataka, Kerala and Maharashtra it is still trying to strengthen its base. Recently the Centre for Internet and Society's Access To Knowledge Programme (CIS-A2K) in collaboration with the Konkani department of Goa University organized a four-day Wikipedia workshop for MA, Konkani language students. This workshop involved 38 students creating 43 new articles on Konkani Wikipedia which is incubation. We’re hoping that these efforts will contribute towards bringing this 7 year old project out of incubation to a live Wikipedia project.

				Video by Subhashish Panigrahi, CC-BY-SA 3.0

Video by Subhashish Panigrahi, CC-BY-SA 3.0

Why do you [edit] Wikipedia?

Wikipedia editors are always volunteers which translates to “Anyone and everyone can contribute to Wikipedia”. What is that brings people in today’s date to write articles on Wikipedia. This is a question we are not sure at times. You get up late in the night and check how many times your article has been edited and feel excited. This happens to many of the wikipedians including myself. It has been a personal journey to ask Wikipedians about the same. While conducting this workshop along with my colleague Nitika, I spent some time with the students asking about their experience of Wikipedia editing. We found that many of them were shy enough to sound low and we could not take the videos. This particular video features Frania Pereira, an MA student from Konkani department of Goa University. She attended the Wikipedia workshop we organized at the Central Library at Panaji for two days and edited articles on Bebinca (Konkani article here) and Colvá fama (Konkani article here), a local festival celebrated by the Colvá Catholics. Frania is worried how people stereotype Goa to be the just land of enjoyment and not look at the diverse culture, its ethnic food and festivals. Even the Konkani speaking population in other regions (Maharashtra, Karnataka, Kerala and abroad) don’t know much about this socio-language-cultural diversity. No other language than her mother-toungue Konkani could tell about these. And that is why she edits Wikipedia.

For more details visit https://cis-india.org/openness/blog-old/voices-from-goa

Wikimania 2013: The International Wikimedia Conference

praskrishna — 2013-08-29T06:30:54Z

Wikimania is the annual international conference of the Wikimedia movement. It's organized by a different local team each year. In 2013 the conference took place in the Hong Kong Polytechnic University. Wikimania allows the community and the general public to learn about and share their experiences with free knowledge initiatives all over the world. T. Vishnu Vardhan and Subhashish Panigrahi participated in the event.

Click to read the details published on the Wikimania website.

The previous conferences were held in Frankfurt, Germany (2005), Boston, USA (2006), Taipei, Taiwan (2007), Alexandria, Egypt (2008), Buenos Aires, Argentina (2009), Gdańsk, Poland (2010), Haifa, Israel (2011), and Washington, D.C., USA (2012).

Picture: Wikimania 2013. Official site, CC-BY-SA 3.0

For more details visit https://cis-india.org/news/wikimania-2013

Wikipedia writes a new script

praskrishna — 2013-09-04T06:27:27Z

Wikipedia is available in over 30 Indian languages. Add Konkani to that list. The Centre for Internet and Society has just completed a programme of training students to write for Konkani Wikipedia.

The article was published in the Goan on August 24, 2013.

They sat listening to Subhashish Panigrahi, learning how to seamlessly flow from English to Konkani. Panigrahi walked around the room, 40 sets of eyes and ears followed him eagerly, latching on to his every word. Then the team moved into a small conference room at the new Central Library, where they sat down to work on a few articles in Konkani. The reason: Because Wikipedia has a new language – Konkani.

When on February 4, 1987, Konkani in Devnagri script was declared the official language of Goa according to the Goa Daman and Diu Official Language Act, 1987, little did the officials know that one day, one of the largest web-based encyclopaedias would want the encyclopaedia to be available also in Konkani for the 30, 00000 or so Konkani language speakers over the world.

Wikipedia, a multi-lingual, web-based, free content encyclopaedia is available in over 30 Indian languages and several languages of other nations. The project to begin a Konkani Wikipedia began in 2006. “Sadly, even after seven years of inception, Konkani Wikipedia has only 90 articles,” says Nitika Tandon, of the CIS-A2K (Centre for Internet & Society, Access to Knowledge) team. The CIS is a movement for open access to web-based information. “Rather than being open receivers of knowledge, we want people to be active producers of knowledge,” she adds. The CIS has selected five Indian languages to uplift and Konkani is one of them.

Carlos Fernandes, the Curator of the Central Library said, “We supported it because this will maintain the culture and develop the language using technology. Articles in Konkani language will be available to people all over the world and thus should one want to research something in Konkani, his search will not be limited to the books of the library.” Another project by the CIS team to make Konkani more well-known is digitising the 4-volume Konkani encyclopaedia published by the Goa University. “This encyclopaedia will be uploaded by this team and will be available under the creative commons licence,” says Dr Gopakumar, the university Librarian.

The programme covered aspects like how Wikipedia works, how to edit articles, how to type in Devnagri, how to create a new article, etc. “We are learning how to about editing and writing in Wikipedia. The 40 students are of MA part 2, and the group is divided into two. The first 20 will work on the first two days and the others will work on the last two,” says Fr Luis Xavier Gomes who is doing his MA in Konkani at Goa University. Fr Gomes will be writing on Konkani tiatr and Konkani cantar after having researched and referenced about the same.

For more details visit https://cis-india.org/news/thegoan-joyce-dias-august-24-2013-wikipedia-writes-a-new-script

Workshop on e-Content Development

praskrishna — 2013-09-04T05:56:16Z

T. Vishnu Vardhan, A2K Programme Director at CIS will be teaching at Dr. B.R. Ambedkar Open University, Hyderabad from September 4 to 6, 2013.

Vishnu Vardhan will give guest lecture for the following:

Open Source to Open Knowledge
Building Knowledge Bases and Platforms via Mass Collaboration on the Internet
e-Content in Indian languages – History, Challenges and Opportunities
Wikipedia Users to Wikipedia Authors – Exploring Wikipedia as an OER Tool
e-Content, e-Student, e-Faculty – Reimagining classroom in the digital Age

Click to download the programme brochure

For more details visit https://cis-india.org/news/workshop-on-e-content-development

Konkani Wikipedia makes headway

praskrishna — 2013-09-17T06:07:54Z

The first floor of the Krishnadas Central Library has been bustling with activity for the last four days. A closer look reveals the concentration, thought and precision that is put into each letter of the Devnagri script Konkani they type. Still further and you realise it’s a Wikipedia site that final year MA Konkani students of Goa University are busy with.

This article by Diana Fernandes was published in OHeraldO on August 24, 2013. Nitika Tandon is quoted.

A follow up to the Konkani Wikipedia workshop that was held earlier last month at St. Xavier’s College, Mapusa and King’s school, Margao, the Centre for Internet and Society ( CIS) in its Access to Knowledge ( A2K) initiative were back to try and bring to life a seven year incubation Konkani Wikipedia page.

The final year MA Konkani students were busy typing away at their screen as I went to pay them a visit. Nitika Tandon, Goa in- charge from the CIS- A2K team says Goan students have shown the most interest so far. Priyadarshini Tadkodkar, Head of Department at Goa University says she’s thrilled for the project as it will not only help students update and reach out to other writers but also help in popularising Goa’s mother tongue.

“ So far there was nothing in Konkani on Wikipedia. There are so many articles about Goa in English but not in Konkani. Those who do not know only to read or develop their Konkani skills can probably use this.

Also for the students it’s an opportunity for them to discuss their thoughts with other editors,” says Tadkodkar.

The last time she was in the state, Tandon says people were more inclined to hear of the English Wikipedia rather than Konkani, but sees this workshop as a definite success story.

Students were visibly interested in not only writing about Goa but to change the way people look at Goa. “ Goa is only seen as beaches, parties and cheap liquor. There is so much more. Like Goa’s unique cuisine or its famous personalities like D D Kosambi,” says Supriya.

“ People say that Konkani will die in another 20 – 25 years. I see this as an opportunity to save it,” says another student John.

Articles written by the students will be assessed by Madhavi Sardesai, editor of Jaan, a Konkani literary journal, after which students will be asked to make the corrections online.

A total of 38 students attended over the span of two days. Each session comprised eight hours of training a day. Topics discussed during the workshop included basics of Wikipedia and the status of Konkani Wikipedia as well as typing in Devnagri script, the sort of articles that are required for the site and using references other than Facebook and how to site them in the article.

“ Forty- two pages of content were generated in two days and have already been put up on the site. The students love it. Students who came in the first batch wanted to join the second one simply because they want to write. Though they don’t get credit for this workshop as part of the syllabus students are indeed interested,” says Tandon.

Though a total of 140 articles on topics ranging from Goa’s heritage, culture, traditions and famous personalities have been uploaded, she says it requires at least five contributors to add to the existing database regularly.

For more details visit https://cis-india.org/news/epaperoheraldo-august-24-2013-diana-fernandes-konkani-wikipedia-makes-headway

A Workshop on Editing Wikipedia in Mumbai

praskrishna — 2013-08-23T16:00:46Z

The Centre for Indian Languages in Higher Education and the Centre for Internet and Society (CIS-A2K) is holding a workshop on Wikipedia editing at the Tata Institute of Social Sciences, Mumbai on August 24, 10.00 a.m. to 4.30 p.m.

The morning session will be having a discussion and demonstration on Wikipedia (10.00 a.m. to 1.00 p.m.), which will be followed by a practical session (2.00 p.m. to 4.30 p.m.).

As part of the run-up to the Indian Languages Mela (planned for September 20-21, 2013), CILHE will conduct a workshop for those who would like create new articles in any Indian Language Wikipedia. The workshop is organized in collaboration with the Centre for Internet and Society’s Access to Knowledge Programme (CIS-A2K) and the Wikipedia Hyderabad community. The objective of the workshop is to train students to edit Wikipedia. Participants are encouraged to work with Telugu, Hindi, Marathi, Urdu or any other language of their choice. Although the workshop is mainly intended for potential competitors for the Mela awards for Best New Article in an Indian Language Wikipedia, anyone interested in Wikipedia is welcome.

As you may know, Wikipedia is an online encyclopedia, and is the 5th most-visited website in the world! It's completely free to use and re-use, it has no advertising, and is available in more than 286 different languages - including 20+ Indian languages. Wikipedia articles are written by ordinary people who volunteer to share their knowledge with the world.

The CILHE is committed to producing material in Indian languages for higher education, and is partnering Wikipedia in drawing new editors to the Indian language Wikipedias so that they become an important knowledge resource.

What students gain from Wikipedia editing:

It improves writing skills. Wikipedia provides students a platform to hone their writing skills. Writing on Wikipedia enhances critical thinking and the ability to see all sides of a story. Students will find this incredibility useful in both their personal and professional lives while evaluating the pros and cons of different situations, projects, assignments etc. Wikipedia editing also strengthens research skills. A Wikipedia editor has to provide credible references by looking up books, journals and online materials. Writing on Wikipedia is good practice for those who will also work on a thesis or a research project.

Your articles will be read by thousands of people across the globe. If you edit a Wikipedia article, it is there *forever* and the audience can be any number from the 500 million who read Wikipedia every month!

It'll boost your chances in admissions or scholarships or placements.

It teaches students how to collaborate! Editing Wikipedia is magical. You add some content and someone from some other part of the class or school or town or country or somewhere else in the world adds a little bit more and makes the contribution that much better. Wikipedia helps one learn how to work productively with other people, even those you don’t know and may never actually meet.

The workshop will cover the following:

What exactly is Wikipedia and how does it work?
Who edits Wikipedia?
How do I edit Wikipedia?
What can I edit?
How can I input text in Indian languages?
How do I insert images?
How do I find and add references?
Do’s and Don’ts

Participants are required to register at least by August 23, 2013. Send your names to Ritesh Khunyakari riteshpk@gmail.com.

Important Instructions

Each student attending the Wikipedia Training programme should register themselves on Wikipedia. Please note that once you register on a Wikipedia project, you can use that 'Username' (i.e. same log-in details) across all Wikipedias and Wikimedia platforms. This should be done by August 23, 2013. Please note that you will not be able to register more than 5 Usernames from a single IP address within 24 hours (a security feature of Wikipedia). This tutorial will help you with Registration on Wikipedia http://en.wikipedia.org/wiki/Wikipedia:Tutorial/Registration
Once registered the students must furnish their details on the google doc. I have already entered my data just as sample. Please circulate this link to all the students at the earliest. This should be done by August 24, 2013 before the commencement of the Workshop https://docs.google.com/spreadsheet/ccc?key=0AshSF7ZKRBR5dFBfM2lTaExINTZodVZ4ejd3VURzMEE&usp=sharing
All the students are expected to do editing on Wikipedia. We will choose Telugu Wikipedia (www.te.wikipedia) as a site to do some editing. Please be assured that we will also show how to use English and other language Wikipedias. For this workshop each student should come up with one article at least in an Indian language. This should be typed and be available in a soft copy form and could be carried in a thumb drive or any other storage media which should be easily accessible to them during the training programme.

For more details visit https://cis-india.org/openness/events/workshop-on-editing-wikipedia-in-mumbai

Copyrights and Copywrongs Why the Government Should Embrace the Public Domain

pranesh — 2013-09-06T04:56:42Z

Each of you reading this article is a criminal and should be jailed for up to three years. Yes, you. "Why?," you may ask.

This article by Pranesh Prakash was published in Yojana, Issue: August 2013.

Have you ever whistled a tune or sung a film song aloud? Have you ever retold a joke? Have you replied to an e-mail without deleting the copy of that e-mail that automatically added to the reply? Or photocopied pages from a book? Have you ever used an image from the Internet in presentation? Have you ever surfed the Internet at work, used the the 'share' button on a website, or retweeted anything on Twitter? And before 2012, did you ever use a search engine?

If you have done any of the above without the permission of the copyright holder, you might well have been in violation of the Indian Copyright Act, since in each of those examples you're creating a copy or are otherwise infringing the rights of the copyright holder. Interestingly, it was only through an amendment in 2012 that search engines (like Google and Yahoo) were legalized.

Traditional Justifications for Copyright

Copyright is one among the many forms of intellectual property rights. Across differing theories of copyright, two broad categories may be made. The first category would be those countries where copyright is intended to benefit society, the other where it is intended to benefit the author. Within the second category, there can again be two subcategories: those that see the need to benefit the author due to notions of natural justice and those that see the need to provide incentives for authors to create. Incentives to create are necessary only when the act of creation itself is valuable (and more so than the creator). The act of creation is valued highly as it directly benefits society. Thus, it is seen that the second sub-category is closer to the societal benefit theory than the natural justice sub-category. In the United States, the wording of the Progress Clause makes things clear that copyright is for the benefit of the public, and the author is only given secondary consideration. It is in light of this that the U.S. Supreme Court said,
"The monopoly privileges that Congress may authorize are neither unlimited nor primarily designed to provide a special private benefit. Rather, the limited grant is a means by which an important public purpose may be achieved. It is intended to motivate the creative activity of authors and inventors by the provision of a special reward, and to allow the public access to the products of their genius after the limited period of exclusive control has expired."

Economic theories of copyright see copyright as an incentive mechanism, designed to encourage creators to produce material because they would be able to recover costs and make a profit due to the exclusionary rights that copyright law grants. Thus, the ideal period of copyright for any material, under the economic theory would be the minimum period required for a person to recoup the costs that go into the production of that material. Allowing for the great-grandchildren of the author to benefit from the author’s work would actually go against the incentive mechanism. Even if the author is motivated enough to put in even more hard work to provide for her great-grandchildren, her children, grandchildren, and great-grandchildren wouldn’t have any incentive to create for themselves (as the incentive is seen purely in terms of economics, and not in terms of creative urge, etc.), as they are already provided for by copyright. Thus, in a sense, the shift towards longer periods of copyright terms that we are seeing today can be seen as a shift from the incentive-based model to a rewards-based model of copyright.

The other standard theory of copyright justification is the natural rights theory, which deems intellectual property the fruit of the author’s labour, thus entitling them to complete control over that fruit. This brings us to the conception of property itself, and the Lockean and Hegelian justifications for personal property is what is most often used to back such an argument up.

There are many problems with the natural rights theory of intellectual property. If that theory were to hold water, copyright law would accord greater precedence to authors than to publishers. Yet, we see that it is publishers primarily, and not authors, who get benefit of copyright. The "work for hire" doctrine, embodied in Section 17 of the Copyright Act, holds that it is the employer who is treated as the owner of copyright, not the author. This plainly contradicts that natural rights theory. And it also raises the question of why we should protect certain kinds of knowledge investments in the first place. Publishing is a business, and all risks inherent with other businesses should come along with publishing. There is no reason that the State should safeguard their investment by vesting in them a right while safeguarding the investments of any other business only occasionally, and that too as an act of munificence. This problem arises because of the free transferability of copyright. This leads us to the larger problem, which is of course that of treating knowledge as a form of property. Property, as we have traditionally understood it, has a few features like excludability. Knowledge, however, does not share that feature with property. Once you know something that I created, I can’t exclude you from that knowledge that (unlike my ability to take back an apple you have stolen from me). This analysis also has the pernicious effect of excluding free speech analysis of copyright laws. An incorrect analogy is often drawn to explain why free speech analysis doesn’t work on property: you may wish to exercise your right to free speech on my front lawn, yet the State may decree that I am in full right to throw you off my property, without being accused of abridging your right to freedom of speech. So, the argument goes, enforcement of property rights is not an affront to freedom of speech. The problems with this analogy are obvious enough: the two forms of “property” cannot be equated. If you take the location of speech away, I can still speak. If, on the other hand, you restrict my ideas/expression, then I can no longer be said to have the freedom of expression.

One Size Doesn't Fit All

It is easy to see that copyright is an ill-fit for all the things that it now covers. Copyright in its present form is a historical accident, which evolved into the state it is in a very haphazard fashion. It is a colonial imposition on developing countries. It does not value that which we often value in Indian culture: tradition. Instead, copyright law values modernity and newness. It can also be seen as a trade issue imposed on us through the Trade-Related Intellectual Property Agreement (TRIPS Agreements) as part of the World Trade Organization.

Importantly, copyright is not a single well-planned scheme. In some cases — for literature, visual art works, lyrics, musical tunes, etc. — it provides rights to the artist, while in other cases — for recordings of those musical tunes, and for films — it provides rights to the producers. What are the legal reasons for this distinction? There aren't any; the distinction is a historical one (with sound recordings and films getting copyright protection after literature, etc.). At one point of time only exact copies were governed by copyright law. Hence, translations of a work were considered not to be infringement of that work (or a "derivative work"), but new independent works, since after all it takes considerable artistic effort to create a good translation of a work. However now even creating an encyclopedia based on Harry Potter (as the Harry Potter Lexicon was), is covered as infringement of the exclusive rights of the author. At one point of time photographs were not provided any copyright, being as they are, 'mere' mechanical reproductions. They were seen as not being 'creative' enough. However, around the turn of the twentieth century, that position changed, and hence every photograph you've taken of your dog is now copyrighted. According to a recent Supreme Court decision, merely adding paragraph numbering to court judgments is considered to be 'creative' enough to merit copyright protection! At one point of time, copyright existed for 14 years. Now, with the international minimum being "fifty years after the death of the author", it lasts for an average of more than a century! Once upon a time, copyright was only granted to those who wanted it and applied for it. That has now changed, and you have copyright over every single original thing that you have ever written, recorded, or otherwise affixed to a medium.

Copyright in the Digital Era

All digital activities violate copyright, since automatically copies are created on the computer's RAM, cache, etc. Because now everything is copyrighted, and copyrighted seemingly forever, each one of us violates copyright on a day-to-day basis. It is a mockery of the law when everyone is a criminal. The US President Barack Obama violated copyright law when he presented UK's Queen Elizabeth II an iPod filled with 40 songs from popular musicals like West Side Story and the King and I. When even presidents, with legal advisers cannot navigate copyright law successfully, what hopes have we ordinary people?

There is no shortage of similar examples to show that copyright law has gone out of control.

Take extradition, for instance. Augusto Pinochet was extradited, Charles Shobraj was sought to be extradited. Added to their ranks is the pimply teenager who runs TVShark, who British courts have cleared for extradition to the USA for potential violation of copyright law. The extreme injustice of copyright is easily observable if one sees the contorted map depicting net royalty inflows available on Worldmapper.org: there are a sum total of less than a dozen countries which are net exporters of IP; all other countries, including India, are net importers of IP. IP law is one area where both those who talk about social justice and those who talk about individual liberties find common ground in the monopolistic or exclusionary rights granted under copyright law. Copyright acts as a barrier to free trade, thus allowing Nelson Mandela's autobiography to be more expensive in South Africa than the United Kingdom because South Africa is prohibited by the UK publisher from importing the book from India. Mark Getty, the heir to the Getty Images fortune, once presciently observed that "IP is the oil of the 21st century".

Government Copyright

In the ivory towers of academia, there has in recent times been a clarion call that's resounding strongly: the call for open access. As the Public Library of Science states, "open access is a stands for unrestricted access and unrestricted reuse". Why is it important? "Most publishers own the rights to the articles in their journals. Anyone who wants to read the articles must pay to access them. Anyone who wants to use the articles in any way must obtain permission from the publisher and is often required to pay an additional fee. Although many researchers can access the journals they need via their institution and think that their access is free, in reality it is not. The institution has often been involved in lengthy negotiations around the price of their site license, and re-use of this content is limited." Importantly, the writers of articles (scholars) do not get paid by the publishers for their articles, and most developing countries are not able to afford the costs imposed by these scholarly publishers. Even India's premier scientific research agency, the Council for Scientific and Industrial Research, recently declared that the costs of scientific journals was beyond its means.

Why is this important? Because apart from establishing the idea of informational equity and justice, it also establishes the idea that taxpayer-funded research (as most scientific and much of academic research is) ought to belong to the public domain, and be available freely. This principle, seemingly uncontroversial, is very unfortunately not embodied in the Indian Copyright Act. Most public servants do not realize that that which they create may not be freely used by the public whom they serve.

Under the Indian Copyright Act, all creations of the government, whether by the executive, judiciary, or legislature, is by default copyrighted. This does not make sense under either of the two theories of copyright that we examined above. The government is not an 'author' who can have any form of 'natural rights' over its labour. Nor is the government incentivised to create more works if it has copyright over them. Most of the copyrighted works, such as various reports, the Gazette of India, etc., that the government creates are required to be created, and the cultural works it creates are for cultural promotion and not for commercial exploitation. Hence it makes absolutely no sense to continue with the colonial regime of 'crown copyright', when countries like the USA have suffered no ill effects by legally placing all government works in the public domain.

While there are a limited set of exceptions to government copyright provided for in the law, those are very minimal. This means that even though you are legally allowed to get a document through the Right to Information Act, publicising that document on the Internet could potentially get you jailed under the Copyright Act. This is obviously not what any government official would want. If instead of the four sub-sections that form the exception, the exception was merely one line and allowed for "the reproduction, communication to the public, or publication of any government work", then that itself would elegantly take care of the problem. This would also remove the ambiguities inherent currently in the Data.gov.in, where the central government is publishing information that it wants civil society, entrepreneurs, and other government departments to use, however there is no clarity on whether they are legally allowed to do so.

Recently, the member states of the World Intellectual Property Organization passed a treaty that would facilitate blind persons' access to books. On that occasion, at Marrakesh, I noted that intellectual property must not be seen as a good in itself, but as an instrumentalist tool which may be selectively deployed to achieve societally desirable objectives. I said: It is historic that today WIPO and its members have collectively recognized in a treaty that copyright isn't just an "engine of free expression" but can pose a significant barrier to access to knowledge. Today we recognize that blind writers are currently curtailed more by copyright law than protected by it. Today we recognize that copyright not only may be curtailed in some circumstances, but that it must be curtailed in some circumstances, even beyond the few that have been listed in the Berne Convention. One of the original framers of the Berne Convention, Swiss jurist and president, Numa Droz, recognized this in 1884 when he emphasized that "limits to absolute protection are rightly set by the public interest". And as Debabrata Saha, India's delegate to WIPO during the adoption of the WIPO Development Agenda noted, "intellectual property rights have to be viewed not as a self contained and distinct domain, but rather as an effective policy instrument for wide ranging socio-economic and technological development. The primary objective of this instrument is to maximize public welfare." When copyright doesn't serve public welfare, states must intervene, and the law must change to promote human rights, the freedom of expression and to receive and impart information, and to protect authors and consumers. Importantly, markets alone cannot be relied upon to achieve a just allocation of informational resources, as we have seen clearly from the book famine that the blind are experiencing. Marrakesh was the city in which, as Debabrata Saha noted, "the damage [of] TRIPS [was] wrought on developing countries". Now it has redeemed itself through this treaty.

The Indian government needs to similarly redeem itself by freeing governmental works, including the scientific research it funds, the archives of All India Radio, the movies that it produces through Prasar Bharati, and all other tax-payer funded works, and by returning them to the public domain, where they belong.

For more details visit https://cis-india.org/a2k/blogs/yojana-august-2013-pranesh-prakash-copyrights-and-copywrongs-why-the-govt-should-embrace-the-public-domain

Wikimania 2013: Wikipedians represent Indian Languages in Hong Kong

subha — 2013-09-13T06:03:03Z

The 7th, 8th and 9th of August 2013 saw over 600 Wikipedians across the world participating Wikimania at Hong Kong. The three day annual international conference for users and contributors of Wikipedia brought many debates about open educational research, open source technologies, gender gap, documenting the history of mankind in a free and open platform like Wikipedia and its sister sites in collaboration with Galleries, Libraries, Archives and Museums and all of these in 286 world languages. More and more volunteers are joining this movement and it is expanding the media of accessing and disseminating knowledge.

Here is a school teacher who lives in Salem, a small industrial town in Tamil Nadu. There lives a school teacher who was born in Sri Lanka and moved to Hong Kong long back. They have never met in real life but have been helping in correcting each others mistakes in Wikipedia articles. These two school teachers have taken their knowledge from the four walls of the classrooms to a larger audience of Tamil Wikipedia. I then realized how language brings people together. This is what I heard from my inner voice when I met S.Parvathi from Salem and H.K.Arun from Sri Lanka during Hong Kong Wikimania 2013, an annual gathering of Wikipedia contributors.

Many still are not aware the existence of Wikipedias in Indian languages. There are 20 South Asian language Wikipedias with more than 2 lakh articles contributed totally by about 1500 voluntary contributors in all these languages. There are hundred more contributors like Arun and Parvathi who create new articles in Tamil Wikipedia, and rectify mistakes by new contributors.

Wikipedians are all volunteers who devote their time for building the greatest repository of knowledge on the internet. Wikipedia articles are free from any copyright infringement so anyone can freely access, share, make modifications and redistribute them. Wikipedians have been able to create this ecosystem of nurturing new editors by teaching them the process of encyclopaedic content generation which not only polishes their writing abilities, but strengthens their communication skills.

Wikimania is fun, it brings wikipedians across the globe speaking diverse languages under one roof where they meet each other and share their ideas and collaborate.

Over 600 wikipedians from various countries participated in this year’s Wikimania including 16 from India. In the open world of Wikipedia collaboration always happen beyond borders; one Nepali and four Bangla Wikipedians from Bangladesh also joined the Indian Wikipedians to rejoice the triumph of the effort of all the volunteers from the subcontinent.

The fun was not just limited in creating a wall of their dreams, ambitions and action plans to take their own language Wikipedia to more people or discuss how they could write articles that are important to each others languages. It went upto helping each other to fix problems in typing Indian languages and discussing success stories of successful workshops that resulted bring more student contributors. Ganesh Paudel, a Wikipedian from Nepal says, "My hometown is very close to India and we share the same script with Hindi, Marathi, Sanskrit and Konkani. India and Nepal both have sizable population speaking Nepali, Maithili, Bhojpuri, Awadhi, Sanskrit, Bangla and Hindi. I’m personally interested to collaborate with Indians speaking these languages." I could see the glow in his eyes when he wrote and explained the beautiful curvature of Ranjana script to me. Tinu Cherian, another long term Wikipedian who was attending Wikimania for the third time was excitedly live-tweeting the happening at Hong Kong. When I asked how he is feeling after a short break he unfolded his hands and proudly said, "Wikipedia is like religion to me, once a Wikipedian, you are always a Wikipedian!". Netha, a medical college student from Kerala spoke about bringing more women to contribute to Wikipedia. She calls Kavya, a college lecturer and Malayalam wikipedian who spoke about Women and non-conventional education as one of the gems she has discovered in her personal journey.

Wikimania also has Sengai Podhuvan, one of the oldest Indian Wikipedians. His appeal for Wikipedia fundraising brought a lot of donations to Wikimedia Foundation. Dr. Podhuvan shared his story of learning using computer, Tamil typing and writing articles about Wikimania this year brought many academicians, education researchers, policy change makers and open source and open knowledge activists across the world to share their ideas, activities going across the world even while enjoying dinner in the 100th floor.

For more details visit https://cis-india.org/openness/blog-old/wikimania2013

A Kannada Wikipedia Workshop at Krishnarajapet

pavanaja — 2013-09-05T06:46:39Z

On Sunday, August 11, 2013, a day-long Kannada Wikipedia workshop was conducted at Shyam Computers, Krishnarajapet, Karnataka. The workshop was co-organized by the CIS-A2K team along with Kannada Sahitya Parishat of KR Pet. This report summarizes the proceedings of that workshop and subsequent research into relevant questions flowing from the discussions.

The CIS-A2K team has been getting requests to conduct Kannada Wikipedia workshops from various parts of Karnataka. One such request came from ISRO technician Akash B., who is originally from Krishnarajapet, popularly known as K R Pet, in Mandya Dist of Karnataka. . Shyamesh of Shyam Computers sponsored the venue by lending his cyber centre. The workshop was scheduled for 10.00 a.m. and began a little late at 10.45 a.m.

About 20 participants came together to learn Wikipedia editing. The inauguration was followed by the hands-on workshop. We had some discussions with Akash about the IP address restrictions for registering new users. Usually only 6 persons can register on a day from one IP address. Fortunately, the cyber centre had a dynamic IP. After 6 registrations, we reset the modem so that the remaining participants could register. Akash helped some participants to register the previous day itself.

The participants were quite enthusiastic. We gave a presentation about Wikipedia and Kannada Wikipedia and then gave a demonstration about editing the Wikipedia. After that the participants tried their hands on editing Kannada Wikipedia. Some of the participants who attended the workshop are now editing the Kannada Wikipedia on a daily basis. We hope that they sustain their interest and enhance the quality of Kannada Wikipedia.


A group picture of the participants from the Krishnarajapet workshop. (Picture by Dr. U.B.Pavanaja, CC-BY-SA 3.0)

A special thanks to Kannada Sahitya Parishat, K R Pet, Akash B and Shyam Computers.

Media Coverage

Prajavani, (August 12, 2013)
Suvarna Times of Karnataka (August 12, 2013)
Vijaya Vani (August 12, 2013)

For more details visit https://cis-india.org/openness/blog-old/a-kannada-wikipedia-workshop-at-krishnarajapet

A Kannada Wikipedia Workshop in Mysore

pavanaja — 2013-10-04T04:40:46Z

On Tuesday, August 6, 2013, a day-long Kannada Wikipedia workshop was conducted at the Centre for Proficiency Development and Placement Services (CPDPS), Manasa Gangotri campus, University of Mysore, Karnataka by the Centre for Internet and Society's Access to Knowledge (CIS-A2K) team. Dr. U.B.Pavanaja conducted the workshop.

The main objective of this workshop was to acquaint the participants about Wikipedia and get them a hands-on experience of editing Wikipedia and also encourage them to contribute to the Kannada Wikipedia. The participants were also asked to reflect upon their experiences and perceptions of editing and contributing to Wikipedia, and identify areas in which they could add more value to the existing initiatives.

Most of the previous Kannada Wikipedia workshops have been well covered well by the leading Kannada newspapers like Vijaya Karnataka, Prajavani, etc.

This generated quite some interest in many people and we began getting requests to conduct more Kannada Wikipedia workshops. One such request came from Prof. Niranjana Vanalli, Director of CPDPS, to conduct a Kannada Wikipedia workshop at his centre. The date was finalised for August 6, 2013. This was announced in the leading local newspapers. As a result, nearly 50 persons registered for the workshop.

Above: Dr. Pavanaja conducting the workshop in Mysore

The workshop was inaugurated by Dr. P. Nagabhushan, Chairman of Computer Studies, Dept. of Studies in Computer Science, University of Mysore. He said that Wikipedia could facilitate the growth of Kannada language in this digital era. Prof. Niranjana Vanalli welcomed everyone and also did the role of MC for the inaugural program. The workshop was scheduled to begin at 10 a.m. started about half an hour late. Initially there were 22 people and as the day progressed we saw more people joining in for the workshop. In the end there were about 60 participants. Dr. Pavanaja spoke briefly and requested Mysore University to re-release their famous Kannada Encyclopaedia under the Creative Commons license so as to facilitate the growth of Kannada Wikipedia.

The inauguration programme was very well covered by media. The Hindu highlighted my request about releasing encyclopaedias under the Creative Commons license.

After the inauguration, all those who were interested in the hands-on session shifted to the computer lab in the same building. Dr. Pavanaja gave a presentation on Wikipedia, then Kannada Wikipedia, and then spoke about its importance. This was followed by some demos on using Wikipedia and editing Wikipedia. The participants created their usernames in Kannada Wikipedia. Very soon the limit of creating 6 new editors per IP address was reached and the remaining people could not create their usernames. Some participants registered using Dr. Pavanaja’s laptop. The rest of the participants watched the demos and promised to go home and register later. Many people did so and have e-mailed their usernames.

Kiran Ravikumar, a young active Wikipedian from Mysore gave a brief presentation about Creative Commons and how to use it with Wikipedia. He demonstrated uploading some image under Wikimedia Commons and linking it from Wikipedia.

Above: Wikipedian Kiran Ravikumar making his presentation

Some new editors have begun doing wiki editing. We may need to monitor, and nurture these new editors till the time they become well versed.

We would like to thank Prof. Niranjana Vanalli for all the local arrangements, publicity and and making the workshop to happen.

For more details visit https://cis-india.org/openness/blog-old/kannada-wikipedia-university-of-mysore

Krishnarajapet Wikipedia Workshop (Coverage in Prajavani)

praskrishna — 2013-09-05T05:50:24Z

Prajavani covered the Kannada Wikipedia workshop organised by the CIS-A2K team and the Kannada Sahitya Parishat of KR Pet., on August 12, 2013. A scanned version of the report is produced below.

For more details visit https://cis-india.org/news/prajavani-august-12-2013-krishnarajapet-workshop

Krishnarajapet Wikipedia Workshop (Coverage in Suvarna Times of Karnataka)

praskrishna — 2013-09-05T06:10:01Z

Suvarna Times of Karnataka covered the Kannada Wikipedia workshop organised by the CIS-A2K team and the Kannada Sahitya Parishat of KR Pet., on August 12, 2013. A scanned version of the report is produced below.

For more details visit https://cis-india.org/news/suvarna-times-of-karnataka-august-12-2013-krishnarajapet-workshop

Krishnarajapet Wikipedia Workshop (Coverage in Vijaya Vani)

praskrishna — 2013-09-05T06:45:12Z

Prajavani covered the Kannada Wikipedia workshop organised by the CIS-A2K team and the Kannada Sahitya Parishat of KR Pet., on August 12, 2013. A scanned version of the report is produced below.

For more details visit https://cis-india.org/news/vijaya-vani-august-12-2013-krishnarajapet-wikipedia-workshop