Centre for Internet and Society

Guidelines for Examination of Computer Related Inventions in abeyance

sinha — 2015-12-23T10:06:53Z

The CRI Guidelines were heavily criticised for their failure to address the ambiguities created by Section 3(k) and for expanding the scope of software patent eligibile subject-matter, inter alia. Following several representations and submissions by interested stakeholders, the Controller General has moved the Guidelines into abeyance, until discussions with stakeholders are complete and contentious issues are resolved, and is a welcome step.

CIS has consistently made submissions to the Indian Patent Office on the issue of software patenting( 2015, 2013, 2010). The latest submission was made in September 2015, in response to the Guidelines for Examination of Computer Related Inventions, 2015(“CRI Guidelines/ Guidelines”) in which we highlighted several concerns and presented solutions, and also proposed a definition of "computer programme per se".

In view of the representations made to the Patent Office, on 14th December 2015, the Controller General issued an order to keep the Guidelines in abeyance. Till the issues therein are resolved, the existing provisions on S. 3(k) of chapter 08.03.05.10 of the Manual of Patent Practice and Procedure will continue to be applicable.

The primary fault with the Guidelines lay in the fact that, legally, its scope of was in excess of section 3(k) of the Indian Patent's Act, 1970 (parent statute). The Controller General's order acknowledging the representations and submissions made in response to the Guidelines, and consequently keeping the Guidelines in abeyance is a welcome step.

You may access the order here.

For more details visit https://cis-india.org/a2k/blogs/guidelines-for-examination-of-computer-related-inventions-in-abeyance

Free and Open Source Software and Standards for Public Health Information Systems in India: “Making them Work” by Bridging the Policy Practice Gap

praskrishna — 2017-02-27T15:36:25Z

Anubha Sinha spoke at the ORF Health Policy Workshop on the panel: The policy landscape in India with respect FOSS software and standards in the public sector more generally. The event was organized by Observer Research Foundation in New Delhi on February 27 and 28, 2017 in New Delhi.

For workshop background note click here
For agenda click here
For more info see the Observer Research Foundation website.

For more details visit https://cis-india.org/openness/news/foss-for-public-health-information-systems-in-india

FOSSCON India 2019

Admin — 2019-09-25T22:59:38Z

Bhuvana Meenakshi gave a talk on "The revolution of WebXR" at FOSSCON India 2019 organized by KLS Gogte Institute of Technology in Belgaum from August 29 - 31, 2019, where she discussed about the tools used for development and demos.

The Chief patrons included:

Dr. A S Deshpande, Registrar, VTU, Belagavi
Dr. Satish Annigeri, Registrar(Evaluation), VTU, Belagavi
Shri M R Kulkarni, Chairman, Karnatak Law Society
Shri U N Kalkundrikar, Chairman , Governing Council, KLS Gogte Institute of Technology, Belagavi.

For more details visit https://cis-india.org/openness/news/fosscon-india-2019-1

FOSS: Smart Choice for Developing Countries

praskrishna — 2013-10-21T05:28:06Z

This workshop is being organised by TechNation and Open Source Alliance of Central Asia on October 23. Sunil Abraham is participating as a panelist and will speak on FOSS and IT Growth Policies in South Asia.

Read the original published on the IGF website

The Internet Governance Forum 2013 is being held at Bali from October 22 to 25. The overarching theme for the 2013 IGF meeting is: "Building Bridges"- Enhancing Multistakeholder Cooperation for Growth and Sustainable Development".

Theme: The Internet as an Engine for Growth and Advancement

Free and Open Source Software (FOSS), once limited to advanced users, now attracts average users. Countries have adopted FOSS for its social, economic and political benefits. Russia has started to shift government to Linux by 2015 and plans to build a national repository of Open Source Software. China is teaming up with Canonical to develop an open source operating system for Chinese users called Ubuntu Kylin. According to Black Duck Software and North Bridge Venture Partners Open-Source Survey, Open Source Software is helping improve enterprise networking, smartcars, and academia. InformationWeek’s survey “Open Source Software Use Joins The Mix,” confirms that FOSS “is believed to create more opportunities for innovation than commercial or proprietary software.”

This workshop emphasizes three main issues: 1) Innovative FOSS technologies, 2) Capacity building in FOSS, and 3) Women as FOSS users and developers. It will discuss benefits, costs and implications of choosing FOSS; highlight the representation, role and achievements of women from the Central and South Asian region; and, guide recommendations to build capacity of women in utilizing FOSS for education, health, governance, and civil society.

Why FOSS? FOSS fosters education for the persons contributing to it and for those using it. In addition to learning new skills, FOSS developers can help solve real-life problems. Irrespective of geographic location, volunteers work collaboratively to develop software. This creates a sense of community ownership of their technology and enhances employment, employability and increases local innovation. FOSS reduces deployment costs making it a smart choice by developing countries. FOSS is affordable, stable, reliable, and free of virus.

What are innovative FOSS technologies? This workshop will showcase some of the most innovative Open Source Software technologies. It will highlight the fact that most servers are based on open source, and now common users, governments and businesses around the world are transitioning to FOSS.

Why Capacity Building? Capacity building in computer education should teach students concepts, ensure that students learn through hands on experience using a variety of tools, and leave students the choice of which tool to use to create virtual worlds. Students should be given responsibilities, including helping run IT systems. For example, students of higher classes could build or modify software for lower classes.

Organized by Open Source Alliance of Central Asia (OSACA), this workshop will explore whether the requirements to be a FOSS contributor prevent women from doing so and what it will take for women in Central and South Asia, to become valuable contributors.

Has the proponent organised a workshop with a similar subject during past IGF meetings?

No.

Co-organisers

Mr. Omar Mansoor Ansari, TechNation, Private Sector, AFGHANISTAN, Asia-Pacific Group
Mr. Sufyan Kakakhel, Open Source Alliance of Central Asia (OSACA), Civil Society, PAKISTAN, Asia-Pacific Group

Have the Proponent or any of the co-organisers organised an IGF workshop before?

No.

Panelists

H.E. Baryalai Hassam, Ministry of Communications and Information Technology, Male, Government, AFGHANISTAN, Asia-Pacific Group
Maria Beebe, Telecom Advisory Team (Afghanistan) Deloitte, Female, Private Sector, UNITED STATES, Western Europe and Others Group - WEOG
Sunil Abraham, Center for Internet and Society, Male, Civil Society, INDIA, Asia-Pacific Group
Roxana Radu, Graduate Institute of International and Development Studies, Female, Technical Community, ROMANIA, Eastern European Group
Matthias Stürmer, Open Source Switzerland, Male, Technical Community, SWITZERLAND, Western Europe and Others Group - WEOG
Asomiddin Atoev, ISP Association of Tajikistan, Male, Private Sector, TAJIKISTAN, Asia-Pacific Group
Prof. Dr. rer. pol. Wolfgang F. Finke, Ernst-Abbe University of Applied Sciences, Male, Civil Society, GERMANY, Western Europe and Others Group - WEOG
Dominique Lazankski, The TaxPayers' Alliance, Civil Society, UNITED KINGDOM, Western Europe and Others Group - WEOG

Moderator

Omar Mansoor Ansari

Remote Moderator

Ana Perdigao

Agenda

FOSS: FOSS Smart Choice for Developing Countries

This high-level thematic workshop discusses the most up-to-dated advancements in Free and Open Source Software (FOSS) technologies. With some of the best minds from the government, industry, civil society and academia learn about innovative FOSS technologies, policy and regulatory environments, project and initiatives, and how Open Source Software technologies can help enhance governance, business, education and the society. The panel will discuss implications for capacity building for women and girls in FOSS.

Workshop Agenda

0900 - 0910
Welcome and Introduction
Welcome and introduction by Session Chairman
Mr. Omar Mansoor Ansari, President at TechNation, Cofounder/ Board Director, Open Source Alliance of Central Asia (OSACA)

0910 - 0920
State of FOSS and Government Policies in Afghanistan.
H.E. Eng. Baryalai Hassam, Deputy Minister (Technical), Ministry of Communications and IT, Afghanistan

0920 - 0930
MOOCs, M-learning and other Resources Online: Implications for Capacity Building
Dr. Maria Beebe, Sr. ICT Advisor (Education), Telecom Advisory Team (Afghanistan) Deloitte, United States

0930 - 0940
Kick-Starting the Utilization of FOSS in the Public Sector in Afghanistan – Afghan Center of Open Source Systems
Prof. Dr. rer. pol. Wolfgang F. Finke, Ernst-Abbe University of Applied Sciences, Germany

0940 - 0950
Women Creating Their Spaces Online

0950 - 1000
Technology transfer and North-South partnerships through open source communities
Dr. Matthias Stürmer, Swiss Open Systems User Group /ch/open, Switzerland

1000 - 1010
FOSS and the Internet in Central Asia
Asomiddin Atoev, Cofounder/ Board Director, Open Source Alliance of Central Asia (OSACA), Chairman, ISP Association of Tajikistan.

1010 -1020
FOSS and IT Growth Policies in South Asia
Mr. Sunil Abraham, Executive Director, Center for Internet and Society, India

1020 - 1030
Open Data
Dominique Lazanski
The TaxPayers' Alliance, UK

1030 -1100
Q&A and Open Discussion

Inclusiveness of the Session

This will be a panel workshop, it will allow considerable time for an Open Discussion and Q&A. We will be making the meeting highly interactive and participatory by engaging the speakers and participants to exchange ideas, knowledge and experience.

Suitability for Remote Participation

We will be providing remote participation through video conferencing, creating social media, Twitter and Facebook, accounts that are interlinked and can communicate real time updates with the remote participants. A team of volunteers will be engaged to manage the communication with remote participants.

For more details visit https://cis-india.org/news/igf-2013-workshop-287-foss-smart-choice-for-developing-countries

FOSS for Public Use: Free and Open Source Software for Digital India

sinha — 2016-06-18T18:20:35Z

I attended a round-table meeting on May 29, 2015 at the India Habitat Centre, New Delhi. The meeting was organized by SFLC in collaboration with the International Centre for Free and Open Source Software, and the Centre for Internet & Society.

The meeting commenced with welcome address by Ms.Mishi Choudhary, Executive Director, SFLC.in. She elaborated on the idea of the round table conference and explained how sharing of knowledge and experience of the stakeholders will help and assist the people responsible for framing this policy. She then introduced the various dignitaries who participated in this endeavour.

The first session was on the topic, The Open Source Policy - Enabling Digital India, with Mishi Chaoudhary being the moderator. She explained about the “Policy on Adoption of Open Source Software for Government of India” that was launched in March 2015 by the Government of India.

The second session was opened by Satish Babu, who emphasized on the Policy’s stand that the ecosystem is more important than the code and stated that this ecosystem comprises of several stakeholders.

Delegates who spoke at the event included Dr. Nagarjuna G, Cmdr. L. R. Prakash, Dr. Andrew M Lynn, Prof. Arun Mehta, Vikram Vincent, Venkatesh Hariharan,Kishore Bhargava, Prabir Purkayastha, Ashok T. Ukrani, Ganapathy Narayanan, Anivar Aravind, Satish Babu, Srinivasan Ramakrishnan, Rahul De, Mishi Choudhary, and Anubha Sinha.

The meeting of the minutes can be downloaded here.

For more details visit https://cis-india.org/openness/blog-old/foss-for-public-use-free-and-open-source-software-for-digital-india

FOSS & a Free, Open Internet: Synergies for Development

praskrishna — 2016-06-18T17:57:53Z

Internet Governance Forum (IGF) 2015 will be held at Jao Pessoa in Brazil from November 10 to 13, 2015. The theme of IGF 2015 is Evolution of Internet Governance: Empowering Sustainable Development. Civil Society is organizing a workshop on FOSS and a Free, Open Internet. The workshop will be held on November 13, 2015 from 2.00 p.m. to 3.30 p.m. Sunil Abraham and Pranesh Prakash will be speaking at this event.

This was published on the IGF website.

The workshop will explore links between the Free and Open nature of the Internet and the Free and Open Source Software through a series of experience sharing among the speakers as well as audiences. The speakers have been selected on the basis of their wide exposure and geographical and occupational diversity.

As ICTs permeate lives of people around the world, code is fast emerging as an instrument that can change lives. In many parts of the world, the 4Rs of primary education are Reading, wRiting, aRithmetic and pRogramming, indicative of the role that ICTs will play in the future.

Free and Open Source Software (FOSS) is, inter alia, a mechanism whereby code, and consequently the ability to code, is being democratized. In contrast with centralized proprietary models, FOSS allows decentralized creation, distribution and maintenance of code. Such democratization enables grassroots level application of code to solve local problems, leading to more empowered communities. Free flow of code is therefore important to ensure that communities to stay 'plugged in' and current. Code also enables communities to side-step practices such as surveillance, censorship.

A Free, Open, Unfragmented Internet is of critical importance to FOSS--without a free Internet, the FOSS-based peer-production methodologies for code would be infeasible. Interestingly, the Internet also needs the innovations of FOSS to remain free & open, thus forming a positive mutual dependency.

Both FOSS and the Internet are at risk from forces that are seeking increasing control over content and fragmentation, challenging its openness. This would be inimical to the rights of present & future generations to use technology to improve their lives.

The Round-table seeks to highlight perspectives from the participants about the future co-developemnt of FOSS and a free, open Internet; the threats that are emerging; and ways for communities to surmount these.

Name, stakeholder group, and organizational affiliation of workshop proposal co-organizer(s)

Civil Society
Technical Community
Private Sector

Has the proposer, or any of the co-organizers, organized an IGF workshop before?

yes

The link to the workshop report

http://wsms1.intgovforum.org/content/no80-steady-stepsfoss-and-mdgs

Subject matter #tags that describe the workshop

#openInternet #foss #codefordev

Description of the plan to facilitate discussion amongst speakers, audience members and remote participants

Besides specially identified resource persons, the Roundtable will invite IGF participants who are part of FOSS communities around the world (particularly Brazil, which has a vibrant FOSS community). Participation will include real-time remote participation from FOSS communities around the world, as well as Twitter and email-based submission of ideas and thoughts.

The Round-table format has been chosen for many-to-many interactions so as to generate a wealth of ideas. No speaker shall speak for more than 5 minutes. Two moderators will guide discussions, and a rapporteur will ensure that ideas are captured. The report of the Roundtable would be posted to all participating communities so as to stimulate grassroots-level action.

Names and affiliations (stakeholder group, organization) of the participants in the proposed workshop

Mr.Satish Babu, Technical Community, Director, International Centre for FOSS, Trivandrum, India, who shall provide technical inputs of FOSS and its relevance, particularly to emerging economies, Confirmed

Ms. Judy Okite, Civil Society, FOSS Foundation for Africa, is an experienced activist who has been promoting the use of FOSS in Africa. Seeking funding at present.

Ms. Mishi Choudhary, Private Sector, Software Freedom Law Centre, New York, is a lawyer working with FOSS and its legal implications for over two decades. Confirmed

Mr. Fernando Botelho, Private Sector, heads F123 Systems, Brazil, a FOSS-centric company that provides accessibility solutions to visually impaired people. Confirmed

Mr. Sunil Abraham, Centre for Internet and Society (CIS), Bangalore, a civil society organization working on Internet and public policy. Confirmed

Mr. Pranesh Prakash, Centre for Internet and Society (CIS), Bangalore, a civil society organization working on Internet and public policy. Confirmed

Ms. Nnenna Nwakanma- WWW.Foundation, a Civil Society organization working in Africa on a broad range of areas including FOSS. Confirmed

Mr. Yves MIEZAN EZO, Open Source strategy consultant, Private Sector. Seeking funding for participation.

Mr. Harish Pillay, Private Sector, RedHat Asia-Pacific. Seeking funding for participation.

Corinto Meffe, Advisor to the President and Directors, SERPRO, Brazil. Confirmed

Frank Coelho de Alcantara, Professor, Universidade Positivo, Brazil, Confirmed

Ms. Caroline Burle, Institutional and International Relations, W3C Brazil Office and Center of Studies on Web Technologies - CeWeb.br (a CGI.br/NIC.br initiative). Confirmed

Name of in-person Moderator(s)

Satish Babu, Mishi Choudhary

Name of Remote Moderator(s)

Judy Okite

Name of Rapporteur(s)

Pranesh Prakash

Description of the proposer's plans for remote participation

Besides around 30 persons at the IGF, we will be providing wide publicity for the workshop through FOSS communities and networks. Besides live audio/video participation, Twitter shall be a key resource for real-time participation. There shall be a Twitter co-ordinator identified whose role will be to tweet the salient points at the Roundtable periodically for the benefit of documenting and informing interested communities.

For those that have either technical difficulties or time-zone problems, ideas and comments can be submitted by email before the workshop to the moderators.

For more details visit https://cis-india.org/internet-governance/news/foss-a-free-open-internet-synergies-for-development

Economic, Social and Cultural Rights in India: Opportunities for Advocacy in Intellectual Property

Sunil Abraham and Vidushi Marda — 2017-04-23T05:22:01Z

Centre for Internet & Society worked on a three part case study. The first case study on digital protection of traditional knowledge was published by GIS Watch in December 2016. The other two case studies along with the synthesis overview has also been published.

The rights established in the International Covenant on Economic, Social and Cultural Rights (ICESCR) are socioeconomic rights and are easily mapped onto rights to education, work, science and culture. These rights, however, are not as easily mapped onto intellectual property rights. This three-part case study contemplates the ICESCR through aspects of intellectual property in India, namely, mobile patents, free and open source software (FOSS), and India’s Traditional Knowledge Digital Library. Through these, it demonstrates the potential of these technologies in realising ESCRs.

A distinguishing factor of the ICESCR is the emphasis on the progressive realisation of rights within the Covenant, which indicates the necessity of parties to take steps for the realisation of ESCRs to the best of their ability given the resources available, with a view to fully realising these rights in the long term. This is particularly relevant in India, where the large population and scarcity of resources require gradual realisation and sustained planning. This case study advocates for the progressive realisation of the rights outlined below, and sheds light on the current state of progress in India, as well as providing an overview of the framework within which these rights will be realised.

Although these three case studies focus on distinct areas – mobile patents, FOSS and open standards, and traditional knowledge – they can also be understood as tied together through the central theme of a mobile phone. The first case study on mobile patents deals with the hardware of the phone, the second deals with the software in discussing open software and standards, and the third case study on traditional knowledge focuses on the person holding the phone who consumes information-embedded products such as traditional foods and medicines.

The report on digital protection of traditional knowledge was published by GIS Watch earlier and the rest of the reports have been published by the Association for Progressive Communications.

For more details visit https://cis-india.org/openness/apc-april-23-2017-sunil-abraham-and-vidushi-marda-economic-social-and-cultural-rights-in-india

Connecting the Next Two Billion: The Role of FOSS

praskrishna — 2014-09-10T05:04:58Z

Sunil Abraham was a speaker at this event organized by ICFOSS at the APrIGF in Noida on August 4, 2014.

Specific Issues of Discussions & Description

Connecting the next two billion users on the Internet poses unique challenges that must be addressed. The next two billion users will have very different profiles as compared to the first billion in terms of factors such as geography, demography, gender, disability, technology access, language access, and connectivity devices. In addition, with the coming of the Internet of Things, the users of the Internet may also include devices, sensors and sensor networks. Further, the context of the Internet itself may be changing, particularly in relation to efforts by various State and non-State actors to restrict freedom of access to the Internet and freedom of expression on it.Free & Open Source Software (FOSS) has now assumed greater significance in the light of revelations related to arbitrary surveillance conducted by states. This issue highlights the need to use audited technology and infrastructure to prevent the wanton violation of privacy of citizens. FOSS can be used to build shared community infrastructure that will protect users from privacy abuses. As most of the online applications run on top of free software, there is also a need for greater collaboration between the industry and free software community to ensure security and robustness of software to prevent incidents like the heartbleed bug vulnerabilities. As the next two billion comes online, FOSS assumes great significance for building a safe and secure Internet and robust communication platforms.The panel will discuss the following issues:• Relevance of FOSS as an access enabler and source of robust, cost-effective andfreedom-preserving software• The importance of FOSS in preventing arbitrary surveillance• Co-operation among businesses and free software community to develop secure.

Building community communication infrastructure using FOSS to restrict the dependence on centralised services.

Moderator and Speakers

Moderator: Ms. Mishi Choudhary, Executive Director, SFLC.IN, New Delhi
Dr. Rahul De, IIM Bangalore (Remote)
Dr. G. Nagarjuna, Free Software Foundation of India (Remote)
Mr. Prasanth Sugathan, Counsel, SFLC.in
Mr. Satish Babu, Director, ICFOSS
Mr. Sunil Abraham, Executive Director, Centre for Internet and Society, Bangalore
Mr. S. Ramakrishnan, Media Lab Asia/Govt. of India

Workshop Organizer

This workshop will be jointly organised by International Centre For Free and Open Source Software (ICFOSS), an autonomous institution under the Government of Keralamandated with the objectives of co-ordinating FOSS initiatives within Kerala, as well as linking up with FOSS initiatives in other parts of the world and SFLC.IN, a donor supported legal services organisation that works to protect freedom in the digital world.The details of the contact person for the workshop is given below:Name: Mr.Satish BabuDesignation: DirectorOrganisation: International Center for Free and Open Source Software (IC-FOSS).

For more details see the APrIGF website.

For more details visit https://cis-india.org/openness/news/apr-igf-delhi-2014-connecting-the-next-two-billion-the-role-of-foss

'We Need to Proactively Ensure that People Can't File Patents Representative of the Creativity of a FOSS Community'

rohini — 2015-09-27T11:51:50Z

Rohini Lakshané attended “Open Innovation, Entrepreneurship, and Our Digital Culture” in Bangalore on August 13, 2015. Major takeaways from the event are documented in this post.

Speakers: Prof. Eben Moglen, Keith Bergelt, and Mishi Choudhary; Panel discussion moderator: Venkatesh Hariharan. See the event page here. The organizers republished Rohini's report on their website.

Prof. Eben Moglen on FOSS and entrepreneurship

The culture of business in the 21^st century needs open source software or free software because there is one Internet governed by one set of rules, protocols and APIs that make it possible for us to interact with each another. The Internet made everybody interdependent on everybody else. Startup culture needs free and open source software (FOSS) because startups are an insurgency, a guerrilla activity in business. The incumbents in a capitalistic world dislikes competition and detests that existing resources, such as FOSS, enable insurgents to circumvent some of the steep curve that they had to climb in order to become incumbents.
Hardware is developing in ways that make the idea of proprietary development of software obsolete. There is no large producer of proprietary software that isn't also dependent on FOSS. Microsoft Cloud is based on deployments that do not use Windows but are based on FOSS. The era of Android as a semi-closed, semi-proprietary form of FOSS is over. Big and small companies around the world are exploiting the open source nature of Android.
Free software is a renewable resource not a commodity. Management is needed to avoid over-consumption or destruction of the FOSS ecosystem. Software is to the 21^st century economic life what coal, steel, and rare earth metals were at the end of the previous century.
FOSS turned out to be about developing human brains. It turned out to be about using human intelligence in software better. Earlier universities, engineering colleges and research institutions were the greatest manufacturers and users of FOSS. Now businesses of all sizes are.
When Richard Stallman and Prof. Eben Moglen set out to make GPL free, they initiated a large public discussion process, the primary goal of which was to ensure that individual developers have as much right to talk and to be heard as loudly as the largest firms in the world. At the end of the negotiation process, 35 or 36 of the largest patent holders in the IT industry accepted the basic agreement to be a part of the commons. --- Incumbents like people to pay for a seat at the table. Paying to have an opinion is a pretty serious part of the landscape of the patent system.

Prof. Eben Moglen on Digital India

Every e-governance project that the Indian government buys should use FOSS. The very nature of the way the citizens and governments interact can come to be mediated by software that people can read, understand, modify, and improve. An enormous ecosystem will come up -- a kind of public–private partnership (PPP) in the improvement of governance and government services, which is far more useful than most other forms of PPP conceptualised in the developed world in the 20^th century.
Everybody has a stake in the success of this policy. Several corporations are working against this policy as they once stated that they do not need FOSS.
The biggest market for both making and consuming software in the world is in India, because the science done here will dominate global software making, which in turn will define how the Internet works, which in turn will define society. One can't develop the largest society on earth by reinventing the wheel. The government is going to understand that only the sharing of knowledge and the sharing of forms of inventing would enable the largest society in the world to develop itself freely and take its place in the forefront of digital humanity.
If every state government's data centre across India is going to be turned into a cloud, one state might have VMWare, another might have AWS, and so on, it would be disastrous. To prevent this, all e-governance activities of every state government and federal agency in India could be conducted in one, big, homogeneous Indian cloud. This would enable utility computing across the country for all citizens, which would also make room for citizen computing to happen. When one moves towards architectures of omnipresent utility computing with large amounts of memory flatly available to everybody, one is going to be describing a national computing environment for a billion people. We can't even begin to model it until we start accomplishing it.
Prof. Eben Moglen's ambition is that there comes a time not very long from now when basic data science is taught in Indian secondary schools. The software is free and all the big data sets are public. A nation of a 100 million data scientists rules the world.

Keith Bergelt on the Open Invention Network

Over the past 10 years, Open Invention Network (OIN) has emerged as the largest patent non-aggression community in the history of technology. It has around 1,700 participants and is adding almost 2 participants every day. In the last quarter, OIN had approximately 200 licensees.
There is now a cultural transformation where companies are recognising that where OIN members collaborate, they shouldn't use patents to stop or slow down progress. Where members compete, they choose to invent while utilising defensive patents publications. What we are doing is a patent collaboration and a technical collaboration that exists in major projects around the world.
OIN has been making a major effort since January 2015 to spend more time in India and China to be able to ensure that the technological might and expertise represented in the two countries can be a part of the global community, and that global projects can start here. “We can expect to leverage the expertise of the community to be able to drive innovation from here [India and China]. It's not about IBM investing a billion dollars a year since 1999 and having some birthright to driving the open source initiatives around the world or about Google or Red Hat or anyone else. You have the ability to impact major changes and we want to be able to support you in the name of freedom of action as participants.”

Panel Discussion

Patent Wars and Innovation

In the past 5 to 7 years, patent wars in the handset segment of the information technology (IT) market have wasted tens of billions of dollars on litigation, and on raising the price of patent armaments. This patent litigation was purely an economic loss to the IT industry and it contributed nothing. If the patent system strangles invention, non-profit groups, non-commercial bodies, free software makers, and start-ups cannot invent freely.
Defensive patent publications, such as those made by IBM, lead to the gross underestimation of the inventive power and output of the company. People are struggling to find something to evaluate the productive output of an entity – startup, micro-industry or macro-industry. Patents are being used inappropriately and it's part of the corruption of the patent system. Any venture capitalist (VC) who believes that either the innovative capacities or the potential success factors of a start-up are tied to its patents should know that there are only a minuscule number of cases where patents are the differentiator. The differentiators required in order to sustain business are how smart the people are, how quickly they innovate, and how quickly they are able to adapt to complex situations. We see a trend in the US of not equating patents with innovation. The core-developer and hacker communities are largely anti-patent.
However, the flip side is that if the FOSS communities do not patent defensively, i.e., acquire and publish patents for their inventions in order to prevent others from getting patents in one jurisdiction or another, patent trolls will eventually encroach on the communities' inventive output. The only people making money out of this whole process are lawyers. It is slowing down the uptake of technology by creating fears and doubts in the system.
FOSS communities didn't qualify everything produced in the 23 years of (Linus') Linux, which would have let the service serve as stable prior art, preventing other people from filing patents. We can debate what is patentable subject matter in general or whether software should be patentable, but in the meantime if we can be proactive and file everything that we have in defensive publications and make it accessible to the patent and trademark offices here and around the world, we will have far fewer patents. We need to be activists in making sure that people can't file patents that are representative of the creativity of a community.
The Chinese government has instituted a programme designed to produce defensive publications in order to capture all the inventiveness across their industries, to be able to ensure that the quality of what ultimately gets patented is at least as high.
The US has a massive repository called ip.com, which is with every patent examiner of the USPTO.
India does not grant software patents as per section 3(k) of the Indian Patents Act, but that doesn't mean that no software patents are being granted. One of the empirical studies conducted by the Software Freedom Law Centre (SFLC) in India shows that 98.3% of the [telecom and computing technology] patents granted till 2013 went to multinational corporations. Almost none of the assignees are Indian.
In the context of the ongoing patent infringement law suits filed in the Delhi High Court by Ericsson [link]: The Delhi High Court has had a reputation of being very pro-intellectual property from the beginning.
Also, there is pressure from trade organisations. In August 2015, Ericsson along with ASSOCHAM invited the Director General of the Competition Commission of India to present a paper about why patents are good. It is essential to determine how the rules of conflict of interest apply here. This is exactly what the pharmaceutical industry would do. The only bodies who would object are Doctors Without Borders (MSF) or some local organisations who realise that high priced patented drugs is not what India needs and that we do not need to have the same IP policy as the US or Japan. We only need a different policy.
The Special 301 Report of the United States Trade Representative (USTR) is a big sham, and it suggests that India doesn't have strict enforcement of IP law. India does, unlike China.
Accenture has been granted a software patent in India. The patent is about an expert present in a remote location transferring knowledge to somebody who is listening in another location. Universities offering MOOCs, BPOs, and many other services would fall under such a patent. SFLC spent four years trying to fight this patent. The first defence of Accenture's battery of lawyers was that they won't use the patent.
Patents of very low quality are being bought at very high prices. The tax system or the subsidy system for innovation regards all patents as equal. This is a pricing failure and that should be corrected by other forms of intervention. The pendulum has already begun to swing the other way. Alice Corp was the third consecutive and unanimous ruling by the US Supreme Court that abstract ideas are not patentable. Patent applications pertaining to business methods and algorithms are increasingly being rejected by the USPTO after the ruling.

Prof. Eben Moglen on Facebook:

Facebook is a badly designed technology because there is one Man in the Middle who keeps all the logs. The privacy problem with Facebook is not just about what people post. It's about surveillance and data mining of web reading behaviour. It is a social danger that ought not to exist. I have said since 2010 is that we can't forbid it; let's replace it. It means bringing the web back as a writeable medium for people in an easy way. What I see as next-generation architecture could just as well be described as Tim Burners Lee's previous generation architecture.

You have to be able to trust the Internet. If you can't, you are going to be living in the shadow of govt surveillance, corporate surveillance, the fear of identity theft, and so on. We need to be able to explain to people what kind of software they can trust and what kind they can't. Distributed social networking will happen; it's not that difficult a problem.

An example of federated networking is Freedombox, a cheap hardware doing router jobs using free software in ways that encourage privacy. The pilot project for Freedombox has been deployed in little villages in Andhra Pradesh and Karnataka. These routers don't deliver logs to a thug in a hoodie in Menlo Park.

For more details visit https://cis-india.org/a2k/blogs/we-need-to-proactively-ensure-that-people-cant-file-representatives-of-the-creativity-of-a-foss-community