Centre for Internet and Society

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

Wikimedia Asia Meeting

praskrishna — 2013-08-29T10:14:36Z

T.Vishnu Vardhan and Subhashish Panigrahi from the Access to Knowledge team at CIS participated in the Wikimedia Asia meeting in Hong Kong on August 10, 2013.

Note: An unedited transcript of the entire conversation can be downloaded below.

Click to see the file (Plain Text, 7Kb)

For more details visit https://cis-india.org/news/wikimedia-asia-meeting

Are Indian Consumer Laws Ready for the Digital Age?

vipul — 2013-08-08T11:52:40Z

The Economic and Social Council of the United Nations, recognizing the need for protection of the rights of consumers, drafted a set of model guidelines on consumer protection which were adopted by the General Assembly in 1985. The United Nations Guidelines for Consumer Protection (UNGCP) act as an international reference point of the consumer movement, however since it has been over a quarter of a century since they were first drafted, there is a strong argument for revising them to bring them in line with new developments in technology and business practices.

It is for this reason that that United Nations Conference on Trade and Development has undertaken a revision of the UNGCP. Consumers International, an international consumer rights organization has along with CIS and other groups been trying to represent the voice of consumers at the negotiations for this revision. As part of this effort, Consumers International has produced a book titled "Updating the UN Guidelines for Consumer Protection for Consumers in the Digital Age". This blog has been produced through a filteration of the essence of some of the arguments and issues addressed in that book.

In December 2012 there was a news report that pegged the market for online commerce in India at roughly USD 14 billion,[1] which is why some of the poster children of online retail in India are getting stratospheric valuations even though they are yet to show any major profits, case in point, Flipkart had a valuation of around USD 800 million[2] in 2012 and is looking for an IPO in around three to four years. Such huge numbers give a sneak peek into the size and scope of the Indian e-commerce marketplace which begs the question, if there are so many transactions occurring in the online marketplace and since a large number of those transactions are between retailers and domestic consumers, then are there any specific laws out there protecting the interests of consumers in the online world.

Apart from the Information Technology Act, 2000 and various circulars by the Reserve Bank of India regarding online banking and money transfer activities which are more generic in nature trying to secure the online space as a whole, there are no specific laws that seek to protect consumers in the online space. However, that does not necessarily mean that the consumers are left without any recourse and in this post we shall examine whether it is possible to use the Consumer Protection Act, 1986 to protect consumer rights in the online environment as well.

The Consumer Protection Act, 1986 (“COPRA”) was enacted with the purpose of empowering consumers to take on the might of large corporations and preventing unscrupulous businessmen from taking undue advantage of the weak position which consumers are inherently placed in under the archaic Indian judicial system. It set up special tribunals, simpler procedures and enacted special provisions to help consumers get a better bargaining position vis-à-vis manufacturers and retailers, etc. However, since this law was enacted more than a quarter of a century ago and it is not entirely geared towards protecting consumer rights in the digital era. However, that does not mean it is entirely toothless in the online environment although it certainly needs some major provisions to come to grasp with the special circumstances and practices of the online marketplace, as the rest of the discussion will demonstrate.

For any transaction to come under the purview of COPRA, it should have the following three essential requirements:

There should be a ‘good’ or ‘service’ sold or provided to a consumer;
Such good or service must be ‘sold’ i.e. there must be a ‘sale’;
There should be a ‘defect’ in the good or ‘deficiency’ in the service;

We will now examine different types of e-commerce transactions and discuss whether they fulfill the requirements given above and therefore are amenable to the jurisdiction of COPRA.

There should be a ‘good’ or ‘service’
This is issue is not very complicated so far as digital purchases of physical items are concerned. Since a book or a mobile phone is considered as a ‘good’ then it will always be considered as a ‘good’ irrespective of whether it has been bought from a physical shop or an online retailer. However, the question does take on an air of some complexity when dealing with digital items such as mp3 files and software programmes. The General Clauses Act, 1897 states that all property which is not immovable property is considered as movable property. Since immovable property is defined as land and things attached to the land, therefore it is pretty clear that ‘computer software’ would in all likelihood be considered as movable property. Whether such movable property can be considered as a ‘good’ or not is a question which is yet to be tested in the courts of law in India, however it must be mentioned that in the context of the Sales Tax Act, the Supreme Court of India has held canned software to be a ‘good’. Laying down a test for determining whether a property is a ‘good’ or not, the Supreme Court in that case laid down the following test:

“A 'goods' may be a tangible property or an intangible one. It would become goods provided it has the attributes thereof having regard to (a) its utility; (b) capable of being bought and sold; and (c) capable of transmitted, transferred, delivered, stored and possessed. If a software whether customized or non-customized satisfies these attributes, the same would be goods.”[3]

It must be emphasized again that the Supreme Court’s ruling was given in the context of the Sales Tax Act and it may not be accepted by a court deciding a case on COPRA. This is one issue which could and should be addressed under Indian laws to ensure that the large numbers of Indian consumers who buy items in the online marketplace are not left in a lurch and without the protection of the COPRA.

There must be a “Sale” of the good or service
Just as the previous issue, this question again can be simple when asked in relation to sale of physical goods using the internet but may not be so when talking about digital goods. When a physical item is purchased using the internet, a sale may be said to have occurred when the ownership of the good passes from the seller (online retailer) to the buyer (consumer) and the payment and delivery are complete. However, the question whether sale of software (here we are using this generic term for all sorts of computer programmes and data because the reasoning and legal analysis can be applied to both types of data) in an online environment would actually constitute a ‘sale’ requires a little more analysis. A huge problem in labeling online software purchases as a ‘sale’ is that most of these ‘sales’ are made in the form of a license. The manufacturers or retailers would argue that such an online purchase is not really a sale since the consumer usually only gets a license to use the product under strict conditions and does not buy the product as an owner, further this is really the industry standard when it comes to software purchases. The argument on the other side is that most websites advertise these products as an outside sale, for example, if you go to the Quick Heal antivirus website today and go to the page for “Home Users”[4] the page clearly shows a “Buy Now” tab and indicates the price at Rs. 1549/-. In fact in a number of cases you can actually buy the file containing the software without ever being shown the contractual terms of the agreement. These terms usually specify that you are only getting a license to use the product and may not have the right to resell or lend the product to others, rights which a traditional buyer of a product enjoys under law.

This issue was also discussed by a Full Bench of the Supreme Court of India in the case of Tata Consultancy Services v. State of Andhra Pradesh,[5] which ultimately held that the ‘sale’ of canned software (the term the court used for non customized software which is sold off the shelf) would be a sale of goods and therefore liable to be taxed under the Sales Tax Act. As is evident this decision was given in the context of the Sales Tax Act, but it could be argued that since tax statues are anyways supposed to be interpreted strictly and beneficial statutes such as the COPRA are required to be interpreted broadly, as per the accepted rules of legal interpretation, therefore it is possible that such a ‘license’ for computer software bought by an ordinary consumer could be considered as a ‘sale’ so as to bring the item within the ambit of the COPRA.

Here again we see that although there might be arguments which could be made to justify such licences for computer software as a ‘sale’, however it is still an untested issue and the COPRA certainly needs to take these issues into account if we want to protect the rights of the ever growing number of online consumers.

There should be a “defect” in the goods
If I order a pair of shoes from flpikart.com and the shoes arrive with one of the soles torn off, it’s a pretty straightforward case of there being a defect. In such a scenario unless the retailer has a specified return policy (which incidentally flipkart has) the consumer would have a right to approach the consumer forum to lodge a compliant. Similarly, if I buy a software from a manufacturer for my personal use and the file has a bug in it, it can fairly easily be considered as a defect since any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard or the good can be considered as a defect.

This is where things get a little interesting. What if we argue that stringent Digital Rights Management techniques by some online retailers are actually a defect in the goods since they do give the consumer all the rights that a buyer of goods would traditionally have. For example, if I buy an e-book with DRMs which restrict lending and on-selling, then two of my rights as a traditional book buyer are straightaway rescinded. Let us now examine the issue in the traditional context of the term ‘defect’.

If an article bought has any fault, imperfection or shortcoming in the quality, etc., then it would be considered as a defective good. For example, if a person buys a generator which is creating excessive noise, then it can be said that there is a shortcoming in the quality or the standard which is required to be maintained. A generator may supply electricity perfectly well and there may not be any fault at the time of running the machine but while operating the machine if it is creating more noise than the prescribed level, it can be said that there is a defect in the manufacture. An e-book with DRMs may also let a consumer read its contents but that may not be the only criteria to determine whether an item is defective or not. Using the traditional definition of a ‘buyer’, we can argue that a traditional buyer commonly has rights such as the right to resale, the right to make copies for personal use, the right to lend, the right to gift, etc., which may not exist in a an e-book with DRMs. Thus, an argument could be made that such measures constitute a ‘defect’ in the goods under the COPRA.

Again, this is only an argument and it is entirely possible that a court of law may reject such an argument, especially in light of the fact that the consumer has entered into a license agreement while completing the transaction which specifically grants the consumer only specific and limited rights in regard to the item being purchased. A possible counter to this argument could be that the agreement is generally long and verbose and is only presented to the consumer towards the end of the transaction when the consumer generally does not have the time to read it. Further, there is hardly ever a situation where the consumer can negotiate the terms of the contract, it is usually a standard form of contract which is heavily tilted in favour of the seller and the consumer is given no real choice in this regard. This is why in common law jurisdictions the courts have laid down certain principles or extra conditions which a standard form of contract has to abide by for it to be enforceable viz.,:

Sufficient notice: This principle requires that the major and specially the unusual terms in a contract should be displayed in a sufficiently highlighted manner so that a reasonable consumer is not likely to miss these unusual terms.[6]
Fundamental breach of contract: If the contract is so drafted that it would impose additional obligations on the consumer or restrict the liability and obligations of the seller in such a way that it would result in breaching any of the fundamental or main terms or obligations that one expects in such a contract, then such a contract may not be enforceable.[7]
Exclusion of unreasonable terms: Another type of protection that is available to consumers is the principle which seeks to exclude unreasonable terms from a contract i.e. a term which would defeat the very purpose of the contract or if it is repugnant to the public policy.[8]

Relying on the above principles of standard form contracts, it is possible to at least argue that highly strict and limiting terms which are put into a long verbose standard form contract which backs the Technology Protection Measures on a protected software may not be entirely enforceable, in which case the alleged consent of the consumer for such DRMs gets negated and the software with all its DRM limitations could be considered as ‘defective’.

Conclusion
From the discussion above it is clear that the nature of online transactions and digital goods presents certain unique problems for the legal regime which seeks to protect consumer rights. The law needs to be amended to take into account the unique circumstances of this fledging marketplace that exists online and ensure that the legal regime is fully capable of facing the challenges thrown up by e-commerce. One of the initiatives in this regard is the effort by Consumers International to include amendments in the Model United Nations Guidelines for Consumer Protection to include various provisions which deal with the online marketplace and its unique challenges as well as issues relating to access to knowledge (A2K). Perhaps it is time for the establishment in India to also take this into account and bring our quarter of a century old consumer protection legislation in line with the digital age.

[1]. http://goo.gl/Mh74vB

[2]. http://goo.gl/By5x3i

[3]. Tata Consultancy Services v. State of Andhra Pradesh, 5 November, 2004, available at http://goo.gl/Bn7KRp

[4]. http://goo.gl/lMdoI

[5].http://goo.gl/Bn7KRp

[6]. Henderson & others v. Stevenson, 1875 2 R (HL) 71, Interfoto Picture Library Ltd v. Stiletto Visual Programmes Ltd. [1988] 1 All ER 348.

[7]. Harbutt's "Plasticine" Ltd. v. Wayne Tank and Pump Co Ltd [1970] 1 QB 447.

[8]. Lily White v. R. Mannuswami, AIR 1966 Mad.13.

For more details visit https://cis-india.org/a2k/blogs/are-indian-consumers-laws-ready-for-digital-age

India’s Indigenous Languages Drive Wikipedia’s Growth

praskrishna — 2013-08-09T09:58:05Z

Despite accommodating the world’s second largest English-speaking population behind the United States, it is India’s indigenous language speakers that are creating and consuming the content that is driving Wikipedia’s growth on the subcontinent.

Note: We have published only portions where CIS has been mentioned and T. Vishnu Vardhan, Programme Director, Access to Knowledge has been quoted. The complete post by Mahesh Sharma was published in TechCrunch on August 6, 2013, you can read it here.

The Wikimedia Foundation last year issued a ~~$40,000~~ $440,000 grant to the Bangalore-based Centre for Internet and Society (CIS), which, along with the local Wikimedia chapter, has trained almost 2,500 Indians how to edit and create content in their local languages.

Last September, CIS targeted ten tongues — Assamese, Bengali, Gujarati, Hindi, Kannada, Malayalam, Marathi, Odia, Punjabi and Telugu — and started working with India’s Wikimedia chapter, responsible for coordinating the local volunteer efforts, to boost the amount of local language content being created on a range of websites including, Wikipedia, Wiktionary, and WikiCommons.

CIS said that between September 2012 and April 2013 the number of page views increased by almost four million.

While the program has had an impact, director T. Vishnu Vardhan admitted there were some ominous findings. After CIS stopped supporting the Assamese Wikipedia in January 2013, the 20 active editors all but left the site.

“The decline over the last three months also alerts us to the possibility of building dependencies on the program, which is a concern that we need to address going forward,” Vishnu said. ”We need to ensure this community and new people are sustained, that we engage them keep and them interested by showing them the excitement of being part of open knowledge building.”

Ultimately, Vardhan hopes this capacity building exercise will spark a self-fulfilling cycle of local Wikipedia content production and consumption. These reach of these tools is growing as last month, mobile operator Aircel and Wikimedia India announced that subscribers could freely access m.wikipedia.org, available in 19 Indian languages, from their mobile phones

For more details visit https://cis-india.org/news/techcrunch-august-6-2013-mahesh-sharma-indias-indigenous-languages-drive-wikipedias-growth

Beyond Property Rights: Thinking About Moral Definitions of Openness

praskrishna — 2013-08-07T09:43:35Z

It is hard for Westerners to realize just how much we take for granted about intellectual property, and in particular, how much the property owner’s perspective--be it a corporation, government or creative artist--is embedded in our view of the world as the natural order of things.

This blog post by David Eaves was published in TECH President on August 6, 2013. Sunil Abraham is quoted.

While sharing and copying technologies are disrupting some of the ways we understanding “content,” when you visit a non-Western country like India, the spectrum of choices become broader. There is less timidity wrestling with questions like: should poor farmers pay inflated prices for patented genetically-engineered seeds? How long should patents be given for life-saving medicines that cost more than many make in a year? Should Indian universities spend millions on academic journals and articles? In the United States or other rich countries we may weigh both sides of these questions--the rights of the owner vs. the moral rights of the user--but there’s no question people elsewhere, such as in India, weigh them different given the questions of life and death or of poverty and development.

Consequently, conversations about open knowledge outside the supposedly settled lands of the “rich” often stretch beyond permission-based “fair use” and “creative commons” approaches. There is a desire to explore potential moral rights to use “content” in addition to just property rights that may be granted under statutes.

A couple of months ago I sat down in Bangalore with Sunil Abraham, the founder and executive director of the Center for Internet & Society (CIS) there, to talk about the center, and his views on the role of technology and openness in politics and society. One part of our conversation led to this WeGov column on “I Paid a Bribe” and the challenge of fighting corruption in India using technology. Here I want to reflect further on how Sunil and his counterparts may be radically challenging how we should think about open information more generally.

As we talked, Sunil outlined how people and organizations were using “open” methodologies to advance social movements or create counter power. To explain his view he sketched out the following “map” of IP rights and freedoms to show people use and view the different “permissions” (some legal, some illegal).

As a high-level overview this map offers a general list of the tools at the disposal of citizens interested in playing with intellectual property, particularly as they pursue social justice issues.

At the top of the chart are the various forms of “permissions” that a property owner may (or may not) grant you. Thus at the far left sits the most restrictive IP regime and, as you move right, the user gets more and more freedoms (or, if you take the perspective of property owners, property loses more and more of its formal legal protections and a different notion, of “moral rights,” arises).

The second row divides the permissions and the actors along what Sunil believes is one of the most important permissions - the requirement to attribute (or the freedom not to).

Finally, at the bottom, I’ve placed various actors along the spectrum to both show where they might be positioned in the access debate and/or how they use these tools to advance their aims. Thus someone like Lawrence Lessig, the intellectual father of Creative Commons, might support many uses of information as long as the owner gives permission; whereas groups like the Pirate Party or the Yes Men edge further out into uses that may not appear legitimate to a property owner.

Particularly interesting is Sunil’s decision to include non-legal “permissions” such as ignoring the property holders rights in his spectrum of openness. He sees this as the position of the Pirate Party, which he suggests advocates that people should have the right to do what they want with intellectual property even if they don’t have permission, with the exception, interestingly, of ignoring attribution.

He also includes two even more radical “permissions” – counterfeiting, that is claiming that you created the work – and false attribution – assigning your work to someone else! Sunil sees Anonymous as often using the former and the Yes Men as using the latter. “They (the Yes Men) are playing with the attribution layer,” he says, by conducting actions such as their fake DOW press release about the Bhopal disaster.

Pushing the identity envelope
To Sunil, the big dividing line is less about legal vs. illegal but around this issue of attribution. “This is the most exciting area because this (the non-attribution area) is where you escape surveillance,” he declares.

“All the modern day regulation over IP is trying to pin an individual against their actions and then trying to attach responsibility so as to prosecute them,” Sunil says. “All that is circumvented when you play with the attribution layer.”

This matters a great deal for individuals and organizations trying to create counter power – particularly against the state or large corporate interests. In this regard Sunil is actually linking the tools (or permissions) along the open spectrum to civil disobedience. Of course, such “permissions” are also used by states all the time, such as pretending that a covert action was the responsibility of someone else, or simply denying responsibility for some action.

This, in turn, has some interesting implications.

The first is, that it allows Sunil to weave together a number of groups that might not normally be seen as connected because he can map their strategies or tools against a common axis. Thus Lawrence Lessig, the Yes Man, companies and journalists can all be organized based on what “permissions” they believe are legitimate. For example, journalists and new publishers are often seen as fairly pro-copyright (it protects their work) but they are quite happy to ignore the proprietary rights of a government or corporate document and publish its contents, if they believe that action is in the public interest. Hence their position on the spectrum as “willing to ignore proprietary rights.” (Leave aside government arguments that publishing such documents is “stealing” when, at least in the US, they are technically already not subject to copyright.) However, a credible newspaper or journalist would never knowingly attribute a quote or document to a different person. Attribution remains sacred, even when legal proprietary rights are not.

It also tests the notions of who is actually an IP radical. As Sunil notes: “The more you move to the right the more radical you are. Because everywhere on the left you actually have to educate people about the law, which is currently unfair to the user, before you even introduce them to the alternatives. You aren’t even challenging the injustice in the law! On the right you are operating at a level that is liberated from identity and accountability. You are hacking identity.”

Sunil is thus justifying how the use of “illegal” permissions may actually be a form of civil disobedience that can be recognized as legitimate. This is something journalists confront regularly as well. Many are willing to publish “illegally” obtained leaked documents when they believe that may serve the public good. What is ethical is not always legal and so there position on this chart is more nuanced than one might initially suspect.

This is not to say that Sunil doesn’t believe in the effectiveness of legal approaches. For him this map represents a more complete range of choices an activist can choose from as they try to develop their strategy.

“So what you do, and the specific change you are trying to precipitate, you’ll have to determine what strategy you need. Sometimes working within the left hand group is sufficient. Having a non-derivative, non-commercial license to enable students to access academic works, in India, is good enough… But then, to do what the Yes Men did to DOW Chemicals? You have to be over on the right side.”

For more details visit https://cis-india.org/news/tech-president-august-6-2013-david-eaves-beyond-property-rights-thinking-about-moral-definitions-openness

Do You Have the Right to Unlock Your Smart Phone?

puneeth — 2013-08-07T07:32:52Z

In this blog post Puneeth Nagaraj looks at the recent controversy over the expiration of the exemption granted by the US Library of Congress for unlocking phones and compares the Indian position as per a 2005 Andhra Pradesh High Court judgment.

Being a gadget freak in India is difficult. Smartphone companies take months to release their latest product in India (if they do at all) and even when they are released, they are overpriced. For instance, Google's offering in the entry level tablet market, the Nexus 7 was released in India only in April — a full 9 months after its US debut. It is priced at Rs. 16,000 (USD 300) while it costs only USD 200 in the US. Google’s other device Nexus 10 is yet to make its way to the Indian market.

For long, the Indian gadget freak has relied on friends or family travelling abroad to get his/her hands on the latest gadgets on offer. It was not uncommon in the days following the release of the earlier models of the iPhone for eager owners of foreign bought phones to unlock or “jailbreak” their phones so they could use it in India. But the practice of “jailbreaking” or “android rooting” (hereinafter referred to as unlocking [*] for convenience) phones serves a wider purpose. Unlocking smart phones allows users to overcome limitations imposed by hardware manufacturers or carriers. As a result, users can freely switch service providers. While some manufacturers (like Apple) strongly oppose unlocking- even threatening to cancel warranty in case of unlocked devices, others do not mind it and some (like Google and HTC) even encourage it.

US Library of Congress Exemption

The whole controversy surrounding the legality of unlocking phones started in the US last October when the Library of Congress decided against renewing a copyright exemption it granted in 2006. As a result, the exemption expired in January and caused a furore in the US. The DMCA (1201 of the USC), prohibits circumvention of technological measures that protect access to a copyrighted work. This sort of protection is necessary to protecting copyrighted works in a digital format. But the US Congress was informed of the restrictive effects of such a prohibition. Consequently, the Congress created statutory exemptions to allow circumvention of these technological measures and empowered the Library of Congress to grant or renew such exemptions.

Despite the exemption granted by the Library of Congress in 2006, many phone companies successfully sued hardware providers who enabled unlocking of phones. With the expiration of the exemption in January, the status of phone unlocking hangs in a balance. This is especially troublesome as it is a widespread and in some cases essential practice. Both the White House and the FCC have been petitioned to legalise unlocking. In response, four different proposals have been tabled in the US Congress just for this purpose (here is an analysis of each of the bills).

At the moment, the unlocking of phones to run unapproved software is still legal as a result of an exemption granted in 2012. But this is also up for review in 2015. There is a need for a more comprehensive solution to address both these issues and the proposals before the Congress fall short.

Indian Position

Syed Asifuddin v. State of Andhra Pradesh
A case based on the unlocking of phones came before the Andhra Pradesh High Court in 2005. Certain Employees of TATA Indicom had facilitated the migration of customers contracted to Reliance for 3 years by unlocking their phones. Representatives of Reliance filed a criminal complaint against them alleging criminal breach of trust (IPC Section 409), cheating (IPC Section 420) and criminal conspiracy (IPC Section 120). They also claimed the violation of copyright and sought punishment under Section 63 of the Copyright Act, as well as Section 65 of the IT Act.

The court dismissed the criminal petitions under the IPC, IT Act and the Copyright Act. However, on the question of copyright infringement, the court held that if a person alters computer programme of another person or another computer company, the same would be infringement of copyright. The court also found that a cell phone would fall under the definition of a computer under Section 2(1) (i) of the Information Technology Act. Consequently, the court held that Section 65 of the IT Act, which deals with the tampering of computer source documents, would be applicable to the present case. The decision itself may not have precedent value on the issue as the High Court was merely ruling on the admissibility of the case on the basis of the above provisions and sent the matter back to the trial court to decide based on the evidence available. But the opinion of the court on copyright infringement and the IT Act is troubling.

Criticism

First, the court used the rather expansive definition of computers in the IT Act (Section 2(1) (i)) to include mobile phones as well. The definition under the above section reads as under:

any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network.

It would not be unreasonable to see smartphones as being capable of “high speed data processing” or “input, output, processing, storage”. However, the phones in question here were basic Samsung N191 and LG-2030 phones (images of these phones can be seen here and here). Even if it might be conceivable that such basic phones can be put in the same bracket as desktop computers or laptops, the court had to examine the definition in the context of the substantial provision. In this case, the substantial provisions were Section 65 and 66 of the IT Act, which deal with tampering source documents and hacking computer systems respectively. So, by equating a basic mobile phone to a computer, the court equated unlocking a mobile phone to hacking a computer. This problem is exacerbated by the fact that Section 66 prescribes criminal punishment to hackers.

Second, the court also erred in its ruling on the Copyright Act. Once again, the court held a basic phone to mean a computer under Section 2(ffb). More worryingly, it was held that the Electronic Serial Number (ESN), a unique code given to every phone would qualify as a computer program under Section 2(ffc) and is thus subject to copyright under Section 14 of the Copyright Act. In doing so, the court has set the bar extremely low for copyrightablity of computer programs. Needless to say this judgment needs to be reconsidered if not watered down. While there is recognition that bootloader protection programmes barely meet the standard for copyright, the Andhra Pradesh High Court has granted protection to a randomly generated 11 digit number.

Fortunately, the case of Syed Asifuddin was not a final ruling on the issue as the court sent the matter back to the trial court. However, there is every chance that a future court can rely on the erroneous reasoning in this case. Further, fair use arguments can always be mad in the favour of an individual consumer who wishes to migrate to another service provider.

The larger problem is that by giving an expansive meaning to the provisions in the Copyright Act and the IT Act, it can be used to target businesses that facilitate unlocking devices that can be targeted (like in the US). Unlike in the US, phone unlocking is not a business in India and is usually done by small business owners who sell and repair mobiles. The consequences of suing such businesses can be worse in India as they can end up in jail for an act that falls in an undefined area of the law. It seems that the situation may be resolved in the US in the near future in favour of the consumer — although the issue of the business of unlocking phones must be resolved finally. The position in India is worrisome especially due to the threat of criminal persecution.

[*]. The term jailbreaking is used specifically in the case of iOS devices and android rooting, as the name suggests is used in the case of android devices. Technically speaking, they are very different given that most android devices do not restrict access to their “bootloaders”. Acknowledging the difference between the two, the discussion here is focused on overriding technological measures meant to protect underlying copyrighted works.

For more details visit https://cis-india.org/a2k/blogs/do-you-have-right-to-unlock-your-smart-phone

A Telegu Wiki Meetup @ CIS

SJ Veera (Telugu Wikipedian) — 2013-09-01T11:30:18Z

Telugu Wikipedians had their monthly meetup at the Centre for Internet and Society (CIS) in Bangalore on Saturday, July 13, 2013, 2.00 p.m. to 5.00 p.m.

Telugu Wikipedians Arjuna, Ravichandra, Sasi and Rahmanuddin participated in the meetup. Telugu lecturer Gudipati Narayana and Haribabu on behalf of Bengaluru Telugu Tejam also attended the event. Dr. T. Ramakrishna, who translated Aurobindo Ghosh's "Savitri" to Telugu was the chief guest for this meetup. This is the second monthly Telugu Wikipedia workshop in Bangalore.

An Introduction to Telugu Wiki

The workshop began with the mutual introduction and thereafter the participants were briefed about content creation and editing of articles. A practical demonstration was given by creating an article on Bengaluru Telugu Tejam. Arjuna, Ravichandra, Rahmanuddin and Sasi responded to the queries from the participants and clarified their doubts.

Introduction to Savitri

Dr. T. Ramakrishna thereafter gave a presentation of Aurobindo's book "Savitri". He spoke in length about Aurobindo Ghosh, his contributions to the freedom movement of India, and a brief background about Savitri, an epic poem in blank verse based upon a theology from the Mahabharata. Dr. Ramakrishna said that Sri Aurobindo who was a great spiritual leader and a yogi conveyed the message that religion and culture in India are not interlinked or interrelated. He also said that the characters in the present story tells to mankind how to increase spiritual energy.

Telugu Wikipedia Issues and Projects

The following were some of the observations and decisions taken at this meetup:

It was decided to complete the "Telugu Famous Personalities" as soon as possible so that new projects could be taken up.
Narayana has promised to make a plan to train Telugu lecturers and students on Telugu Wikipedia and to release it very soon to TE-Wikipedia
Rahmanuddin proposed to increase participation in Telugu Writers Meetings and Internet Meetings which are held across the globe so that the awareness on TE-Wiki can be increased
Arjuna requested to look into the plans which would answer the issues raised in Telugu Wikipedian Meet
Dr. Ramakrishna felt that more pressure should be brought on the Government of India to increase the usage of Telugu Wiki Mahotsavam.
After completing the current priorities, projects related to Bangalore should be taken up.

For more details visit https://cis-india.org/openness/blog-old/telegu-wiki-meet-up-july-13-2013

Stress on posting articles on Kannada Wikipedia

praskrishna — 2013-08-02T06:27:52Z

A workshop to be held on CPDPS premises on August 6.

This article by R Krishna Kumar was published in the Hindu on August 2, 2013. Dr. U.B. Pavanaja is quoted.

For those with knowledge of Kannada and basic computer skills, here is an opportunity for posting articles in Kannada on the collaborative and free Wikipedia and facilitate the growth of Kannada online.

To help interested people learn the process of posting their articles on Wikipedia, the Centre for Proficiency Development Placement Service (CPDPS) of the University of Mysore will conduct a one-day workshop on August 6 from 10 a.m. to 5 p.m.

The workshop will be conducted on the CPDPS premises, Manasagangotri, and is being conducted by U.B. Pavanaja of the Centre for Internet and Society, Bangalore.

Niranjana Vanalli, Director, CPDPS, told The Hindu that though Kannada has got the classical language tag and several Kannada writers have got the Jnanpith, Kannada is among the least represented language on Wikipedia in terms of articles in Indian languages, and this workshop is a small step towards correcting these lacunae.

According to Mr. Pavanaja of CIS, Bangalore, though Kannada Wikipedia was launched in June 2003 and this year marks the 10th anniversary of the launch of the website, there are only 14,500 articles in Kannada.

This is in contrast to nearly 1,00,000 Hindi articles, 52,000 Telugu articles about 52,000 articles in Tamil, 25,000 in Bengali and 30,000 articles in Malayalam in the Wikipedia. There are over 4.6 million articles in English. German and French are close to English and so it is not merely Kannada but all Indian languages that are lagging behind, said Mr. Pavanaja.

However, there is scope for improvement as 13 lakh people visit the Kannada Wikipedia website every month. It definitely means that many people are interested in reading articles in Kannada online, so there is scope for posting more articles for their benefit.

Interestingly Wikipedia, which was launched in January 2001, has articles in 22 Indian languages and 256 languages around the world. There are over 3 crore articles and the number is growing by the day.

There are other significant aspects to the contribution of Indians to the development of Wikipedia. While Kannadigas have taken to the enrichment of Wikipedia in English their contribution to the enrichment of the Kannada section has been abysmal. Incidentally, there are nearly 16 lakh editors of Wikipedia all over the world of which about 5,500 are Indians and of them 3,300 edit and contribute regularly in English. The remaining 2,200 contribute in Indian languages.

According to Mr. Pavanaja, roughly 2 crore Indians regularly visit the Wikipedia site but very few are either contributing or editing.

“Indians were definitely taking advantage of Wikipedia as it gets more than 2 crore hits every year. But the number of Indians contributing to enrich the content is less, more so for Kannada”, he added. Mr. Vanalli, who is a professor in the Department of Journalism and Mass Communication, University of Mysore, pointed out that it was ironical that the Kannada was the only Indian language to have an encyclopaedia of its own – Kannada Vishwakosha – published by the University of Mysore. But when it comes to the online collaborative project of Wikipedia, Kannada is lagging behind and this should be reversed.

The workshop will introduce to the participants the features of Wikipedia, and give hands-on demonstration on how to edit and contribute articles. Participants can bring articles of their choice for editing and posting on Wikipedia. For details, contact Director of CPDPS on 0821-2419337/405 or email omegauom@gmail.com for registration.

The workshop will introduce participants to features of Wikipedia, and give demonstration on how to edit and contribute articles

For more details visit https://cis-india.org/news/hindu-r-krishna-kumar-august-2-2013-stress-on-posting-articles-on-kannada-wikipedia

Wikipedia boom in vernacular languages

praskrishna — 2013-08-12T04:29:28Z

The number of Wikipedia entries in vernacular languages has grown substantially in the last eight months

This article by Divya Saboo was published in DNA on August 1, 2013. The Centre for Internet and Society is mentioned.

In the last eight months, the number of Wikipedia entries in vernacular languages has grown substantially, says a Bangalore-based Centre for Internet and Society.

Wikipedia, the world's largest encyclopedia, where anyone can write and publish, was mainly written in the English language until a few years ago. There is a sudden boom of interest in regional languages on the internet because browsers now support Indian language scripts. Thus, people are now more interested in typing in their mother-tongues. Interestingly, this initiative is fueled by diaspora.

Mahit Gar, who has been working with the Marathi Language Wikipedia, said, “Since the last one year, we have concentrated on improving the quality of the content more. We are ranked #20. There are also some new editing facilities that are being introduced by the Wikimedia Foundation (WMS). We can now write in Marathi as well. 40 per cent of the people can type Marathi well but the rest still find it difficult to do so. The rural people interact mostly with Marathi."

He adds, "We have had this sudden boom because in 2011, we had some conferences with the English Wikipedia team and we talked about how people are not able to communicate without their mother tongues in place. Also, we don't spam. Most people love their mother tongue so they don't touch the content inappropriately (this is not the case with the English Wikipedia).”

Tinu Cherian Abraham who was on the Wikimedia India Chapter talks about how an NRI's love for Malyalam kick-started the project. There are people from all walks of life involved in this project. The collective passion for knowledge of a visually challenged editor of Hindi Wikipedia along with an elderly contributor from Kerala, has aided him in forgetting his ailments.

For more details visit https://cis-india.org/news/dna-august-1-2013-divya-saboo-wikipedia-boom-in-vernacular-languages

Wikipedia boom in Marathi, Malayalam and other desi languages

praskrishna — 2013-08-01T05:28:28Z

A vibrant vernacular Wikipedia seems to be taking root in India. In the last eight months, the number of Wikipedia entries has grown substantially in 20 Indian languages, says a study by the Bangalore-based Centre for Internet and Society (CIS).

The article by Sandhya Soman was published in the Times of India on August 1, 2013. T. Vishnu Vardhan is quoted.

Wiki, the world's largest online encyclopaedia where anyone can write and edit articles, didn't have much content in vernacular till a few years ago. According to the study, Wikis in Tamil, Malayalam, Kannada and Hindi have added thousands of new articles on various subjects from September 2012 to April 2013. A few of these pages were viewed more during this period. Marathi, which had 30 lakh page views per month previously, had another 10 lakh visitors, while Bengali Wikipedia had 14 lakh page views.

While Malayalam Wiki took the top position with an enviable team of 100 plus editors, the number Hindi, Marathi and Sanskrit editors came down. "Marathi has 40,000 articles. But most editors in Mumbai prefer to work on English. Pune has more Marathi editors,' says T Vishnu Vardhan, programme director, Access to Knowledge project at CIS.

"In the last two years, the demand for knowledge in Indian languages has grown as we have moved to the motto of 'roti, kapda and internet'," says Vardhan.

One of the reasons for growth is that many browsers now support Indian language scripts. But this was not the case in early 2000. Though many wanted to read and type in their own language, there was no browser support, says Shiju Alex, blogger and Malayalam Wiki editor. Moreover, many didn't know how to type in their mother tongues.

But once Indian languages were encoded in Unicode, the fonts became accessible. "There was no need to write Malayalam in English and people started blogging in their mother tongues," says Alex. According to Vardhan, communities with better literacy rates seem to have taken the lead online.

"Telugu Wiki is stronger as internet penetration in Andhra Pradesh is higher than in places where Bhojpuri or Assamese is spoken."

As with most online language initiatives, the Wiki movement was also fuelled by the diaspora. Tinu Cherian Abraham, a former board member of the Wikimedia India chapter, talks about how an NRI's love for Malayalam kick-started the project.

But now there are many Wiki foot soldiers in India, including a blind editor of Hindi Wikipedia and an elderly contributor from Kerala whose passion for free knowledge has helped him forget his ailments.

For more details visit https://cis-india.org/news/times-of-india-august-1-2013-sandhya-soman-wikipedia-boom-in-marathi-malayalam-other-desi-languages

Wikipedia Gains Massive Traffic Thanks To Vernacular Languages

praskrishna — 2013-08-19T04:18:24Z

The blog post was published in Before It's News on August 1, 2013. T. Vishnu Vardhan is quoted.

Click to read the original published in Before It's News

Non-profit Wikimedia Foundation, the parent company of knowledge-based article collating platform Wikipedia seems to be receiving enhanced traction on the portal from India. The reason for this upswing in activity is apparently its decision to expand the scope of the portal via multiple Indian Languages, revealed a recent study by the Bangalore-based Center for Internet and Society (CIS).

A while back Wikipedia, sensing the need of non-English speaking /understanding audience had opened its doors for about 18 Indian Languages. The main attractions seemed to be articles penned down in Hindi, Tamil, Malayalam & Kannada, which managed to attract a lot of writers who have come forth & added “thousands” of new articles in these & other native languages, all within a span of 8 months ranging from September 2012 to April 2013.

Interestingly, the study reveals that though a lot of pages did get created, many of these articles did not enjoy equally massive visitor count. However, when Wikipedia subsequently extended the support to Marathi & Bengali, the reader-count picked up. Started just a few months back, about 40,000 articles written in Marathi have been getting 30 Lakh visitors & these pages have collectively managed to add another 10 Lakh monthly visitors, while Bengali articles has been steadily getting about 14 Lakh Page Views per month.

Wikipedia seems to have undoubtedly fueled the consumption of online content. It has proven that people actually craved for knowledge in the native language, but didn’t have a proper platform. However, there were a few technological hurdles as well. Web Browsers, in their formative stages, simply didn’t have the capability of pulling, processing & displaying languages or alphabets other than English. Additionally, having been used to type in English-only keyboards, penning information-laden articles in native languages did have a long & steep learning curve.

Thankfully, such petty, but pestering issues seem to have been ironed out & creation, publication & consumption of content in local languages has evidently picked-up steam. Now the writers, who are fondly called ‘Wiki foot soldiers’ have been forwarding the crusade of offering free knowledge to anyone interested & numbers at both the end is growing healthily.

Judging by the appetite for online content in their local avatar, T Vishnu Vardhan, Program Director, Access to Knowledge Project, CIS has aptly summarized the current state of altered necessities. He says “In the last two years, the demand for knowledge in Indian languages has grown as we have moved to the motto of ‘roti, kapda and internet” What do you think?

For more details visit https://cis-india.org/news/beforeitnews-august-1-2013-wikipedia-gains-massive-traffic-thanks-to-vernacular-languages