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CIS Intervention on Future Work of the WIPO Advisory Committee on Enforcement
https://cis-india.org/a2k/blogs/ace-7-future-work-cis-intervention
<b>The seventh session of the World Intellectual Property Organization's Advisory Committee on Enforcement (ACE) is being held in Geneva on November 30 and December 1, 2011. Pranesh Prakash intervened during the discussion of future work of the ACE with this comment.</b>
<p> </p>
<p>Thank you, Chair.</p>
<p>I just wanted to point out that some of the proposals on future work could be worded better to reflect their true meaning. For instance, one of the proposal calls for control of the problem of "parallel import". However, "parallel importation" is actually allowed by both the TRIPS Agreement and by various other instruments such as the Berne Convention? Indeed, calling “parallel import” a problem is like calling "exceptions and limitations" a problem. This is a view that has been firmly rejected here at WIPO, especially post the adoption of the WIPO Development Agenda. This, quite obviously, could not have been the intention of the proposal framers.</p>
<p>Further, the link between some of the proposals and the Development Agenda could be made clearer. It has been established that the Development Agenda is not just something for the Committee on Development and Intellectual Property (CDIP) to consider, but for all committees to make an integral part of their work.</p>
<p>I would also like to underscore the importance of evidence-based policy-making.</p>
<p>Lastly, I would like to mention that a report has already been commissioned by WIPO on intermediary liability, which was written by Prof. Lilian Edwards and was released in a side-event during SCCR 22, in June 2011.</p>
<p>If the ACE is going ahead with a study or an event, I would suggest that the UN Special Rapporteur on Freedom of Expression and Opinion, who in his report to the UN Human Rights Council dealt in some depth with intermediary liability, be involved or invited.</p>
<p>Thank you.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/ace-7-future-work-cis-intervention'>https://cis-india.org/a2k/blogs/ace-7-future-work-cis-intervention</a>
</p>
No publisherpraneshDevelopmentAccess to KnowledgeCopyrightIntellectual Property RightsWIPO2011-12-01T15:30:38ZBlog EntryCIS Hosts Scanned Version of George Orwell’s Books vs. Cigarettes
https://cis-india.org/a2k/blogs/books-vs-cigarettes
<b>Verbindingen/Jonctions (V/J), the bi-annual multidisciplinary festival organised by Constant is taking place on December 1, 2011. Amateur scanning of books often raises a lot of questions, around the issue of copyright. For this V/J13 is scanning George Orwell’s Books vs. Cigarettes. The essay is in public domain in Russia, India and South Africa, but not in Europe and America due to copyright issues. CIS is hosting the scanned pages of the essay in public domain.</b>
<p>During the morning session DIY-made book scanner and OCR-software will be used to transform the scans into text files and in the afternoon session the digital material generated in the morning will be remixed.<br /><br />The main sessions can be followed online at the home page of <a class="external-link" href="http://www.vj13.constantvzw.org/site/">VJ13</a></p>
<h3>About VJ13</h3>
<p>Verbindingen/Jonctions (V/J) is the bi-annual multidisciplinary festival organised by Constant. Since 1997, Verbindingen/Jonctions combines high, low and no-tech strategies from utopian, contemporary, traditional and tribal cultures, free software, feminism and queer theories. V/J is an occasion to explore the space between thinking and doing, and the festival is always a mix of activities. It is an occasion to invite radio makers, artists, programmers, academics, Linux users, interface designers, urban explorers, performance artists, technicians, lawyers and others to experience each other’s practice, and to share their interests with a broad public of visitors.</p>
<p>V/J13 has been developed in collaboration with Le P’tit Ciné, Recyclart, Hacker Space Brussels (HSB), QO2, Renovas, Boutique de Quartier and Yves Poliart, Myriam Van Imschoot, Piet Zwart Institute: Networked Media.</p>
<p>Download the <a href="https://cis-india.org/a2k/blogs/books-vs-cigarettes.zip" class="internal-link" title="Books vs Cigarettes">scanned version</a> (Zip files, 28091 kb)</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/books-vs-cigarettes'>https://cis-india.org/a2k/blogs/books-vs-cigarettes</a>
</p>
No publisherpraskrishnaCopyrightAccess to Knowledge2011-12-01T13:31:39ZBlog EntryComment by CIS at ACE on Presentation on French Charter on the Fight against Cyber-Counterfeiting
https://cis-india.org/a2k/blogs/ace-7-french-charter-cis-comment
<b>The seventh session of the World Intellectual Property Organization's Advisory Committee on Enforcement is being held in Geneva on November 30 and December 1, 2011. Pranesh Prakash responded to a presentation by Prof. Pierre Sirinelli of the École de droit de la Sorbonne, Université Paris 1 on 'The French Charter on the Fight against Cyber-Counterfeiting of December 16, 2009' with this comment.</b>
<p> </p>
<p>Thank you, Chair. I speak on behalf of the Centre for Internet and Society. First, I would like to congratulate you on your re-election.<br /><br />And I would like to congratulate Prof. Sirenelli on his excellent presentation.<br /><br />I would like to flag a few points, though:</p>
<ol><li>One of the benefits of normal laws, as opposed to the soft/plastic laws, which he champions, is that normal laws are bound by procedures established by law, due process requirements, and principles of natural justice. Unfortunately, the soft/plastic laws, which in essence are private agreements, are not.</li><li>The report of the UN Special Rapporteur on the Freedom of Expression and Opinion made it clear in his report to the UN Human Rights Council that the Internet is now an intergral part of citizens exercising their right of freedom of speech under national constitutions and under the Universal Declaration of Human Rights. That report highlights that many initiatives on copyright infringement, including that of the French government with HADOPI and the UK, actually contravene the Universal Declaration of Human Rights</li><li>The right of privacy is also flagged by many as something that will have to be compromised if such private enforcement of copyright is encouraged.<br /></li></ol>
<p>I'd like to know Prof. Sirinelli's views on these three issues: due process, right of freedom of speech, and the right to privacy.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/ace-7-french-charter-cis-comment'>https://cis-india.org/a2k/blogs/ace-7-french-charter-cis-comment</a>
</p>
No publisherpraneshAccess to KnowledgeCopyrightPrivacyFreedom of Speech and ExpressionIntellectual Property RightsPiracyCensorshipWIPO2011-12-01T11:59:45ZBlog EntryStatement of CIS on the WIPO Broadcast Treaty at the 23rd SCCR
https://cis-india.org/a2k/blogs/sccr-23-broadcast-cis-statement
<b>The twenty-third session of the Standing Committee on Copyright and Related Rights is being held in Geneva from November 22, 2011 to December 2, 2011. Pranesh Prakash delivered this statement on a new proposal made by South Africa and Mexico (SCCR/23/6) on a treaty for broadcasters.
</b>
<p>The Centre for Internet and Society would like to thank the South African and Mexican delegations for their hard work on this text before us.</p>
<p>We wish to reiterate the statement on principles provided last SCCR by many civil society non-governmental organizations, cable casters and technology companies opposing a rights-based Broadcasting Treaty, and would like to associate ourselves with the statements made today by Public Knowledge, Computer & Communications Industry Association, Knowledge Ecology International, International Federation of Library Associations, and the Canadian Library Association.</p>
<h3>Broadcasters Already Protected Online<br /></h3>
<p>Broadcasters make two kinds of investments for which they are protected. They invest in infrastructure and they invest in licensing copyrighted works. The first investment is protected by 'broadcast rights', and the latter investment is protected by copyright law.</p>
<p>Broadcasters, being licensees of copyrighted works, generally already have rights of enforcement insofar as their licence is concerned. Therefore there is no need to provide for additional protections with regard to broadcasters in order to enable them to proceed against acts that violate existing copyright laws: they already have those rights by way of licence. This is often forgotten when talking about rights of broadcasters.</p>
<p>The investments to be made in infrastructure in traditional broadcast and in IP-based transmission are very different, even if it is the same 'traditional broadcasters' who are indulging in both. Given that this investment is the basis of additional protection for broadcaster over and above the rights provided to underlying copyright, IP-based transmissions should not be covered in any way even if it is traditional broadcast organizations that are engaged in them.</p>
<p>Providing new and separate rights to large broadcasters for their online transmission, as is currently being done via the provision on 'retransmission' while excluding small webcasters will create a hierarchy and a class distinction without any basis in either principle or existing laws.</p>
<h3>Support Countries' Concerns</h3>
<p>We also wish to support the amendments suggested by the Indian delegation. As we were reminded by the Indian delegation, the General Assembly mandate of 2007 only extends to traditional broadcasting and to a signal-based approach. In this regard, we also wish to support the question posed by the United States delegation between signal-based and rights-based approaches, as also the strong statement by the Brazilian delegation on the need to ensure that cultural diversity and competition are protected and promoted by any international instrument on broadcasting, and we would like to add 'preservation of a vibrant public domain' as provided by Paragraph 16 of the WIPO Development Agenda.<br /><br />Thank you, Chair.<br /><br /><br /></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/sccr-23-broadcast-cis-statement'>https://cis-india.org/a2k/blogs/sccr-23-broadcast-cis-statement</a>
</p>
No publisherpraneshAccess to KnowledgeCopyrightIntellectual Property RightsBroadcastingWIPO2011-11-30T06:55:43ZBlog EntryCIS-TWN Analysis of WIPO Treaty for the Print Disabled (SCCR/22/15)
https://cis-india.org/a2k/blogs/cis-analysis-july2011-treaty-print-disabilities
<b>CIS and the Third World Network (TWN) conducted a quick analysis of the "Consensus document on an international instrument on limitations and exceptions for persons with print disabilities presented by Argentina, Australia, Brazil, Chile, Ecuador, Mexico, Paraguay, and the United States of America" presented as WIPO document numbered SCCR/22/15.</b>
<h1>SCCR/22/15</h1>
<p>ORIGINAL: English</p>
<p>DATE: June 20, 2011</p>
<p>Standing Committee on Copyright and Related Rights</p>
<p>Twenty-Second Session Geneva, June 15 to 24, 2011</p>
<p>Consensus document on an international instrument on limitations and exceptions for persons with print disabilities <i>presented by Argentina, Australia, Brazil, Chile, Ecuador, Mexico, Paraguay, and the United States of America</i></p>
<h2 id="preamble">PREAMBLE</h2>
<p>Recalling the principles of non-discrimination, equal opportunity and access, proclaimed in the United Nations Convention on the Rights of Persons with Disabilities,</p>
<p>Mindful of the obstacles that are prejudicial to human development and the fulfillment of disabled persons with regard to education, research, access to information and communication,</p>
<p>Emphasizing the importance of copyright protection as an incentive for literary and artistic creation and enhancing opportunities for everyone to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits,</p>
<p>Recognizing the importance of both accessibility to the achievement of equal opportunities in all spheres of society and of the protection of the rights of authors in their literary and artistic works in a manner as effective and uniform as possible,</p>
<p>Aware of the many barriers to access to information and communication experienced by persons who are blind or have limited vision, or have other disabilities regarding access to published works,</p>
<p>Aware that the majority of visually impaired persons/persons with a print disability live in countries of low or moderate incomes,</p>
<p>Desiring to provide full and equal access to information, culture and communication for the visually impaired persons/persons with a print disability and, towards that end, considering the need both to expand the number of works in accessible formats and to improve access to those works,</p>
<p>Recognizing the opportunities and challenges for the visually impaired/persons with a print disability presented by the development of new information and communication technologies, including technological publishing and communication platforms that are transnational in nature,</p>
<p>Recognizing the need to seek, receive and impart information and ideas through any media and regardless of frontiers,</p>
<p>Aware that national copyright legislation is territorial in nature, and where activity is undertaken across jurisdictions, uncertainty regarding the legality of activity undermines the development and use of new technologies and services that can potentially improve the lives of the visually impaired/persons with print disabilities,</p>
<p>Recognizing the large number of Members who, to that end, have established exceptions and limitations in their national copyright laws for visually impaired persons/persons with a print disability, yet the continuing shortage of works in <s>special</s><span style="text-decoration: underline;">accessible</span> formats for such persons,</p>
<p>Recognizing that the preference is for works to be made accessible by rightholders to people with disabilities at publication and that, to the extent that the market is unable to provide appropriate access to works for visually impaired persons/persons with a print disability, it is recognized that alternative measures are needed to improve such access,</p>
<p>Recognizing the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information, and that such a balance must facilitate effective and timely access to works for the benefit of visually impaired persons/persons with a print disability,</p>
<p>Emphasizing the importance and flexibility of the three-step test for limitations and exceptions established in Article 9(2) of the Berne Convention and other international instruments,</p>
<p>Considering the discussions within the WIPO Standing Committee on Copyright and Related Rights on the issue of exceptions and limitations for the benefit of visually impaired persons/persons with a print disability and the various proposals tabled by Member States,</p>
<p>Prompted by a desire to contribute to the implementation of the relevant recommendations of the Development Agenda of the World Intellectual Property Organization,</p>
<p>Taking into account the importance of an international legal instrument/joint recommendation/treaty both to increase the number and range of accessible format works available to visually impaired persons/persons with a print disability in the world and to provide the necessary minimum flexibilities in copyright laws that are needed to ensure full and equal access to information and communication for persons who are visually impaired/have a print disability in order to support their full and effective participation in society on an equal basis with others and to ensure the opportunity to develop and utilize their creative, artistic and intellectual potential, for their own benefit and for the enrichment of society,</p>
<p>Have agreed as follows:</p>
<h2 id="article-a">ARTICLE A</h2>
<h2 id="definitions">DEFINITIONS</h2>
<p>For purposes of these provisions</p>
<p>"work" means a work in which copyright subsists, whether published or otherwise made publicly available in any media.</p>
<p>"accessible format copy" means a copy of a work in an alternative manner or form which gives a beneficiary person access to the work, including to permit the person to have access as feasibly and comfortably as a person without a print disability. The accessible format copy must respect the integrity of the original work and be used exclusively by <span style="text-decoration: underline;">beneficiary persons</span><s>persons with print disabilities</s>.<sup><a class="footnoteRef" href="#fn1" id="fnref1">1</a></sup></p>
<p>[Possible enumeration of different formats.]<sup><a class="footnoteRef" href="#fn2" id="fnref2">2</a></sup></p>
<p>"authorized entity" means a governmental agency, a non-profit entity or <span style="text-decoration: underline;">an</span><s>non-profit</s> organization<sup><a class="footnoteRef" href="#fn3" id="fnref3">3</a></sup> that has as one of its <s>primary missions</s><span style="text-decoration: underline;">activities</span> to assist persons with print disabilities by providing them with services relating to education, training, adaptive reading, or information access.</p>
<p>An authorized entity maintains policies and procedures to establish the bona fide nature of persons with print disabilities that they serve.</p>
<p><s>An authorized entity has the trust of both persons with print disabilities and copyright rights holders. It is understood that to obtain the trust of rightholders and beneficiary persons, it is not necessary to require the prior permission of said rightholders or beneficiary persons.</s><sup><a class="footnoteRef" href="#fn4" id="fnref4">4</a></sup></p>
<p><s>If an authorized entity is a nation-wide network of organizations, then all organizations, institutions, and entities that participate in the network must adhere to these characteristics.</s></p>
<p>"reasonable price for developed countries" means that the accessible format copy of the work is available at a similar or lower price than the price of the work available to persons without print disabilities in that market.</p>
<p>"reasonable price for developing countries" means that the accessible format copy of the work is available at prices that are affordable in that market, taking into account the humanitarian needs of persons with print disabilities.</p>
<p>References to 'copyright' include copyright and any relevant rights related to copyright that are provided by a Contracting Party in compliance with <s>the Rome Convention, the TRIPS Agreement, the WPPT or otherwise</s>any applicable international treaties or otherwise.<sup><a class="footnoteRef" href="#fn5" id="fnref5">5</a></sup></p>
<h2 id="article-b">ARTICLE B</h2>
<h2 id="beneficiary-persons">BENEFICIARY PERSONS</h2>
<p>A beneficiary person is a person who</p>
<ol style="list-style-type: lower-alpha; ">
<li>is blind;</li>
<li>has a visual impairment or a perceptual or reading disability, such as dyslexia, which cannot be improved by the use of corrective lenses to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability; or</li>
<li>is unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading.</li>
</ol>
<h2 id="article-c">ARTICLE C</h2>
<h2 id="national-law-exceptions-on-accessible-format-copies">NATIONAL LAW EXCEPTIONS ON ACCESSIBLE FORMAT COPIES</h2>
<ol style="list-style-type: decimal; ">
<li>
<p>Member State/Contracting Party should/shall provide in their national copyright law for an exception or limitation to the right of reproduction, the right of distribution and the right of making available to the public, as defined in article 8 of the WCT, for beneficiary persons as defined herein.</p>
</li>
<li>
<p>A Member State/Contracting Party may fulfill Article C (1) by providing an exception or limitation in its national copyright law such that</p>
<ol style="list-style-type: upper-alpha; ">
<li>
<p>Authorized entities shall be permitted without the authorization of the owner of copyright to make an accessible format copy of a work, supply that accessible format copy or an accessible format copy obtained from another authorized entity to a beneficiary person by any means, including by non-commercial lending or by electronic communication by wire or wireless means, and undertake any intermediate steps to achieve these objectives, when all of the following conditions are met:</p>
<ol style="list-style-type: decimal; ">
<li>the authorized entity wishing to undertake said activity has lawful access to that work or a copy of that work;</li>
<li>the work is converted to an accessible format copy, which may include any means needed to navigate information in the accessible format, but does not introduce changes other than those needed to make the work accessible to the beneficiary person;</li>
<li>copies of the work in the accessible format are supplied exclusively to be used by beneficiary persons; and </li>
<li><s>4. the activity is undertaken on a non-profit basis. </s><sup><a class="footnoteRef" href="#fn6" id="fnref6">6</a></sup></li>
<li>
<p>A beneficiary person or someone acting on his or her behalf may make an accessible format copy of a work for the personal use of the beneficiary person where the beneficiary person has lawful access to that work or a copy of that work.</p>
</li>
</ol> </li>
<li>
<p>A Member State/Contracting Party may fulfill Article C (1) by providing any other exception or limitation in its national copyright law that is limited to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.</p>
</li>
<li>
<p>The Member State/Contracting Party may limit said exceptions or limitations to published works which, in the applicable <s>special</s><span style="text-decoration: underline;">accessible</span> format, cannot be otherwise obtained within a reasonable time and at a reasonable price.</p>
</li>
<li>
<p>It shall be a matter for national law to determine whether exceptions or limitations referred to in this Article are subject to remuneration.</p>
</li>
</ol>
<h2 id="article-d">ARTICLE D</h2>
<h2 id="cross-border-exchange-of-accessible-format-copies">CROSS-BORDER EXCHANGE OF ACCESSIBLE FORMAT COPIES</h2>
<ol style="list-style-type: decimal; ">
<li>
<p>Member States/Contracting Parties should/shall provide that if an accessible format copy of a work is made under an exception or limitation or export license in their national law, that accessible format copy may be distributed or made available to a beneficiary person in another Member State/Contracting Party by an authorized entity<s> where that other Member State/Contracting Party would permit that beneficiary person to make or import that accessible copy</s>.<sup><a class="footnoteRef" href="#fn7" id="fnref7">7</a></sup></p>
</li>
<li>
<p>A Member State/Contracting Party may fulfill Article D(1) by providing an exception or limitation in its national copyright law such that:</p>
<ol style="list-style-type: upper-alpha; ">
<li>
<p>Authorized entities shall be permitted without the authorization of the owner of copyright to distribute or make available accessible format copies to authorized entities in other Member States/Contracting Parties for the exclusive use of persons with print disabilities, where such activity is undertaken on a non-profit basis.<sup><a class="footnoteRef" href="#fn8" id="fnref8">8</a></sup></p>
</li>
<li>
<p>Authorized entities shall be permitted without the authorization of the owner of copyright to distribute or make available accessible format copies to persons with print disabilities in other Member States/Contracting Parties where the authorized entity has verified the individual is properly entitled to receive such accessible format copies under that other Member State/Contracting Party's national law.<sup><a class="footnoteRef" href="#fn9" id="fnref9">9</a></sup></p>
</li>
</ol> </li>
</ol>
<p>The Member State/Contracting Party may limit said distribution or making available to published works which, in the applicable <s>special</s><span style="text-decoration: underline;">accessible</span> format, cannot be otherwise obtained within a reasonable time and at a reasonable price, in the country of importation.</p>
<ol style="list-style-type: decimal; ">
<li><span style="text-decoration: underline;">Without prejudice to other exceptions to the exclusive rights of authors that are otherwise permitted by the Berne Convention or the TRIPS Agreement,</span> a Member State/Contracting Party may fulfill Article D(1) by providing any other exception or limitation in its national copyright law that is limited to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.</li>
</ol>
<h2 id="article-e">ARTICLE E</h2>
<h2 id="importation-of-accessible-format-copies">IMPORTATION OF ACCESSIBLE FORMAT COPIES</h2>
<p>To the extent that national law would permit a beneficiary person or an authorized entity acting on the beneficiary person’s behalf to make an accessible format copy of a work, the national law should/shall permit a beneficiary person or an authorized entity acting on that person's behalf to import an accessible format copy.<sup><a class="footnoteRef" href="#fn10" id="fnref10">10</a></sup></p>
<h2 id="article-f">ARTICLE F</h2>
<h2 id="circumvention-of-technological-protection-measures"><span style="text-decoration: underline;">CIRCUMVENTION OF </span>TECHNOLOGICAL PROTECTION MEASURES</h2>
<p>Member States/Contracting Parties should/shall ensure that beneficiaries of the exception provided by Article C have the means to enjoy the exception where technological protection measures have been applied to a work.</p>
<p><s>In the absence of voluntary measures by rightholders and to the extent that copies of the work in the accessible format are not available commercially at a reasonable price or via authorized entities, Member States/Contracting Parties should/shall take appropriate measures to ensure that beneficiaries of the exception provided by Article C have the means of benefiting from that exception when technical protection measures have been applied to a work, to the extent necessary to benefit from that exception.</s><sup><a class="footnoteRef" href="#fn11" id="fnref11">11</a></sup></p>
<h2 id="article-g"><s>ARTICLE G</s></h2>
<h2 id="relationship-with-contracts"><s>RELATIONSHIP WITH CONTRACTS</s></h2>
<p><s>Nothing herein shall prevent Member States/Contracting Parties from addressing the relationship of contract law and statutory exceptions and limitations for beneficiary persons.</s></p>
<h2 id="article-h">ARTICLE H</h2>
<h2 id="respect-for-privacy">RESPECT FOR PRIVACY</h2>
<p>In the implementation of these exceptions and limitations, Member States/Contracting Parties should/shall endeavour to protect the privacy of beneficiary persons on an equal basis with others.</p>
<p>[End of document]</p>
<div class="footnotes">
<hr />
<ol>
<li id="fn1">
<p>This change must be replicated everywhere where appropriate. <a class="footnoteBackLink" href="#fnref1" title="Jump back to footnote 1">↩</a></p>
</li>
<li id="fn2">
<p>Formats should not be enumerated, since even the disabilities are not enumerated. <a class="footnoteBackLink" href="#fnref2" title="Jump back to footnote 2">↩</a></p>
</li>
<li id="fn3">
<p>Non-profit organizations alone cannot cope with the needs of visually impaired people in the developing world. Thus, while it may sound like the ideal, it is impractical given the realities of the situation in the developing world. <a class="footnoteBackLink" href="#fnref3" title="Jump back to footnote 3">↩</a></p>
</li>
<li id="fn4">
<p>A "trust" system would make it impossible for developing countries to actualize these provisions. If despite this, copyright infringement happens, then national remedies exist for such infringement. <a class="footnoteBackLink" href="#fnref4" title="Jump back to footnote 4">↩</a></p>
</li>
<li id="fn5">
<p>To clarify: what is the purpose of these and not mentioning WCT, Berne, etc.? <a class="footnoteBackLink" href="#fnref5" title="Jump back to footnote 5">↩</a></p>
</li>
<li id="fn6">
<p>To be deleted for the same reasons as above. Non-profit basis, if insisted upon, can be retained in Article D(2)(A), but not here. <a class="footnoteBackLink" href="#fnref6" title="Jump back to footnote 6">↩</a></p>
</li>
<li id="fn7">
<p>Import law provisions are already there in Article E, and should remain there. In Art. E, it states, “shall permit” import, and here, “would permit”. <a class="footnoteBackLink" href="#fnref7" title="Jump back to footnote 7">↩</a></p>
</li>
<li id="fn8">
<p>This instance of "non-profit basis" may be retained if necessary. <a class="footnoteBackLink" href="#fnref8" title="Jump back to footnote 8">↩</a></p>
</li>
<li id="fn9">
<p>To clarify: what would such verification require? Would self-certification suffice? <a class="footnoteBackLink" href="#fnref9" title="Jump back to footnote 9">↩</a></p>
</li>
<li id="fn10">
<p>It should be clarified, possibly through an agreed statement, that nothing in this article shall derogate from the flexibility provided in Art. 6 of the TRIPS Agreement, which allows for countries to provide international exhaustion.</p>
<p>Thus, if the principle of international exhaustion is in place (i.e., parallel importation is allowed), then importation can be carried out by anyone, and not just by a beneficiary person or an authorized entity. <a class="footnoteBackLink" href="#fnref10" title="Jump back to footnote 10">↩</a></p>
</li>
<li id="fn11">
<p>This second paragraph weakens the principle established in the first by adding more conditions. They are almost phrased as alternatives, and the first alternative (paragraph) is the better one. <a class="footnoteBackLink" href="#fnref11" title="Jump back to footnote 11">↩</a></p>
</li>
</ol></div>
</li>
</ol>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/cis-analysis-july2011-treaty-print-disabilities'>https://cis-india.org/a2k/blogs/cis-analysis-july2011-treaty-print-disabilities</a>
</p>
No publisherpraneshIntellectual Property RightsAccessibilityAccess to KnowledgeWIPO2011-10-12T08:29:01ZBlog EntrySeptember 2011 Bulletin
https://cis-india.org/about/newsletters/september-2011-bulletin
<b>Greetings from the Centre for Internet and Society! In this issue we are pleased to present you the latest updates about our research, upcoming events, and news and media coverage that happened in the month of September 2011.</b>
<h2><b>Researchers@Work</b></h2>
<p style="text-align: justify; ">RAW is a multidisciplinary research initiative. CIS believes that in order to understand the contemporary concerns in the field of Internet and society, it is necessary to produce local and contextual accounts of the interaction between the Internet and socio-cultural and geo-political structures. To build original research base, the RAW programme has been collaborating with different organizations and individuals in order to focus on its two year thematic of Histories of the Internets in India. Five monographs were recently launched at a workshop, <a href="https://cis-india.org/research/conferences/conference-blogs/workshop">Locating Internets: Histories of the Internet(s) in India — Research Training and Curriculum</a> held in Ahmedabad from 19 to 22 August 2011.</p>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/raw/histories-of-the-internet/rewiring-bodies">Re:Wiring Bodies</a> by Asha Achuthan</li>
<li style="text-align: justify; "><a href="https://cis-india.org/raw/histories-of-the-internet/last-cultural-mile">The Last Cultural Mile</a> by Ashish Rajadhyaksha</li>
<li style="text-align: justify; "><a href="https://cis-india.org/raw/histories-of-the-internet/porn-law-video-technology">Porn: Law, Video, Technology</a> by Namita A Malhotra </li>
<li style="text-align: justify; "><a href="https://cis-india.org/raw/histories-of-the-internet/archives-and-access">Archives and Access</a> by Aparna Balachandran and Rochelle Pinto </li>
<li style="text-align: justify; "><a href="https://cis-india.org/raw/histories-of-the-internet/internet-society-space">Internet, Society and Space in Indian Cities</a> by Pratyush Shankar</li>
</ul>
<p><b> </b></p>
<h2><b>Digital Natives with a Cause?</b></h2>
<p style="text-align: justify; ">Digital Natives with a Cause? is a knowledge programme initiated by CIS, India and Hivos, Netherlands. It is a research inquiry that seeks to look at the changing landscape of social change and political participation and the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who want to critically engage with the dominant discourse on youth, technology and social change, in order to look at the alternative practices and ideas in the Global South. It also aims at building new ecologies that amplify and augment the interventions and actions of the digitally young as they shape our futures.</p>
<h3>Featured Publication</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/digital-natives/blog/dnbook">Digital AlterNatives with a Cause?</a> - This collaboratively produced collective, edited by Nishant Shah and Fieke Jansen, asks critical and pertinent questions about theory and practice around ‘digital revolutions’ in a post MENA (Middle East - North Africa) world. It works with multiple vocabularies and frameworks and produces dialogues and conversations between digital natives, academic and research scholars, practitioners, development agencies and corporate structures to examine the nature and practice of digital natives in emerging contexts from the Global South.</li>
</ul>
<h3>Book Review</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/digital-natives/digital-alternatives-book-review">Digital (Alter)Natives with a Cause? — Book Review by Maarten van den Berg</a> - The books come in a beautifully designed cassette and are accompanied by a funky yellow package in the shape of a floppy disk containing the booklet ‘D:coding Digital Natives’, a corresponding DVD, and a pack of postcards portraying the evolution of writing - in the sentence ‘I love you’, written with a goose feather in 1734, to the character set ‘i<3u’ entered on a mobile device in 2011, writes Maarten van den Berg. The review was published in "<a href="http://www.thebrokeronline.eu/Articles/Digital-Alter-Natives">The Broker</a>" on 19 September 2011.</li>
</ul>
<h3>Event Organised</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/events/book-launch">Digital AlterNatives book launch</a> – CIS and Hivos launched this book at the Museum for Communication, Hague on 16 September 2011.</li>
</ul>
<h2><b>Accessibility</b></h2>
<p style="text-align: justify; ">Estimates of the percentage of the world's population that is disabled vary considerably. But what is certain is that if we count functional disability, then a large proportion of the world's population is disabled in one way or another. At CIS we work to ensure that the digital technologies, which empower disabled people and provide them with independence, are allowed to do so in practice and by the law. To this end, we support web accessibility guidelines, and change in copyright laws that currently disempower the persons with disabilities.</p>
<h3>Event Participated</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/accessibility/blog/usof-meeting">Stakeholders Meeting of the USOF on Facilitating ICT Access to Persons with Disabilities in Rural Areas</a>, on 7 September 2011. Nirmita Narasimhan made a presentation.</li>
</ul>
<h2><b>Access to Knowledge</b></h2>
<p style="text-align: justify; ">Access to Knowledge is a campaign to promote the fundamental principles of justice, freedom, and economic development. It deals with issues like copyrights, patents, and trademarks, which are an important part of the digital landscape. CIS believes that access to knowledge and culture is essential, and such access promotes creativity and innovation, and helps bridge the differences between the developing and developed worlds in a positive manner. Towards this end, CIS is campaigning for an international treaty on copyright exceptions for print-challenged people, advocating against laws (such as the PUPFIP Bill) that privatize public-funded knowledge, call for the WIPO Broadcast Treaty to be restricted to broadcast, question the demonization of 'pirates', and support endeavours that explore and question the current copyright regime.</p>
<p><b> </b></p>
<h3>New Blog Entries</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/a2k/blog/copyright-bill-parliament">Copyright Amendment Bill in Parliament</a> by Nirmita Narasimhan, 30 August 2011.</li>
<li style="text-align: justify; "><a href="https://cis-india.org/a2k/photocopying-the-past">Photocopying the past</a> by Sunil Abraham in the Indian Express, 2 September 2011.</li>
<li style="text-align: justify; "><a href="https://cis-india.org/a2k/calling-out-the-bsa-on-bs">Calling Out the BSA on Its BS</a> by Pranesh Prakash, 9 September 2011.</li>
</ul>
<p><b> </b></p>
<h2><b>Internet Governance</b></h2>
<p style="text-align: justify; ">Internet technologies have fundamentally questioned the notion of governance, not only at the level of administration but also at the level of mechanisms of control, regulation and shaping of the individual. e-Governance initiatives, in combination with other regimes of surveillance, control and censorship, are redefining what it means to be a citizen, a subject, and an individual. We look at questions of governance — at the micro level of the individual and the private (family, relationships, community structures, etc.) as well as the level of governmentality — at the macro level of nation state, citizenship, market economies, and the public (spaces of consumption, work, leisure, political engagement, etc.) under the umbrella of digital governance.</p>
<h3>New Blog Entry</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/internet-governance/understanding-right-to-information">Understanding the Right to Information</a> by Elonnai Hickok, 28 September 2011.</li>
</ul>
<h3>Events Organised</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/events/internet-as-a-tool-for-political-change">Using the Internet as a Tool for Political Change: Lessons Learned and Way Forward</a>, IGF, Nairobi, 27 September 2011. </li>
</ul>
<h2><b>Telecom</b></h2>
<p style="text-align: justify; ">The growth in telecommunications in India has been impressive. While the potential for growth and returns exist, a range of issues need to be addressed for this potential to be realized. One aspect is more extensive rural coverage and the second aspect is a countrywide access to broadband which is low at about eight million subscriptions. Both require effective and efficient use of networks and resources, including spectrum. It is imperative to resolve these issues in the common interest of users and service providers.</p>
<h3>Articles by Shyam Ponappa</h3>
<p style="text-align: justify; ">Shyam Ponappa is a Distinguished Fellow at CIS. He writes regularly on Telecom issues in the Business Standard and these articles are mirrored on the CIS website.</p>
<ul>
<li><a href="https://cis-india.org/telecom/blog/reviving-growth">Reviving Growth</a>, published in the Business Standard on 1 September 2011.</li>
</ul>
<h3>Event Organised</h3>
<ul>
<li><a href="https://cis-india.org/events/open-spectrum-for-development-in-the-context-of-the-digital-migration">Open Spectrum for Development in the Context of the Digital Migration</a>, IGF, Nairobi, 29 September 2011.</li>
</ul>
<p><b> </b></p>
<h2><b>Miscellaneous</b></h2>
<h3>Film Screening</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/events/partners-in-crime">Screening of Partners in Crime</a>, Vikalp@Smriti Nandan along with CIS screened the film and followed it with a discussion with the director of the film, Paromita Vohra, Smriti Nandan Cultural Centre, 9 September 2011.</li>
<li style="text-align: justify; "><a href="https://cis-india.org/internet-governance/events/workshop-rsa-encryption">Prime Security: The Mathematics of RSA Encryption</a>, a one-day workshop with Rohit Gupta, a leading Mathematician.</li>
</ul>
<p><b> </b></p>
<h2><b>News & Media Coverage</b></h2>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/news/social-media-masks-forgotten-protests">India's social media "spring" masks forgotten protests</a> [Alistair Scrutton in Reuters, 25 August 2011].</li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/social-media-key-to-hazare-success">Social media holds the key to Hazare's campaign success</a> [Alistair Scrutton in NEWS.scotsman.com, 26 August 2011].</li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/digital-divide">Digital divide: Why Irom Sharmila can’t do an Anna</a> [FirstPost.Ideas, 25 August 2011].</li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/revolutions-viral?searchterm=When+revolutions+go+viral+">When revolutions go viral</a> [Times of India (Crescent Edition), 27 August 2011].</li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/ibsa-seminar">IBSA Seminar on Global Internet Governance</a>, organised by the Brazilian Ministry of External Relations, with support from the Brazilian Internet Steering Committee (CGI.br) and the Center for Technology & Society (CTS/FGV) and governmental and non- governmental actors from India, Brazil and South Africa, 1 to 2 September 2011, Fundacao Getulio Vargas (FGV) - Rio de Janeiro, Brazil. Pranesh Prakash participated in this event.</li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/copyright-amendment-bill-in-indian-parliament">Copyrights Amendment Bill to Be Tabled in Indian Parliament – Parallel Import provisions have Been Removed</a> [Mike Palmedo in infojustice.org, 5 September 2011]</li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/power-of-information">The Power of Information: New Technologies for Philanthropy and Development</a> [Indigo Trust, 15 September 2011]. Sunil Abraham participated in this event. A video of his speech is now available on <a href="http://www.youtube.com/watch?v=XhpLkEhn9AY">YouTube</a>.</li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/using-social-media-to-understand-peoples-pulse">Planning Commission, Census 2011 and India Post using social media to understand people's pulse better</a> [Vikas Kumar in the Economic Times, 20 September 2011]</li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/foss-instrument-for-accessible-development">The Impact of Regulation: FOSS and Enterprise</a>, organised by FOSSFA and ICFOSS, IGF, Nairobi, 28 September 2011. </li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/privacy-security-access-to-rights">Privacy, Security, and Access to Rights: A Technical and Policy Analyses</a>, organised by Expression Technologies, IGF, Nairobi, 29 September 2011. </li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/how-can-privacy-be-protected">Putting Users First: How Can Privacy be Protected in Today’s Complex Mobile Ecosystem?</a>, organised by GSM Association, 29 September 2011.</li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/truman-show-in-kerala">The Truman Show, in Kerala</a> [Times of India, posted on CIS website on 23 September 2011].</li>
<li style="text-align: justify; "><a href="https://cis-india.org/news/making-difference-online-offline">Making a difference, online and offline</a> [LiveMint, 27 September 2011].</li>
</ul>
<h2>Follow us elsewhere</h2>
<ul>
<li style="text-align: justify; ">Get short, timely messages from us on <a href="http://crm.cis-india.org/administrator/components/com_civicrm/civicrm/extern/url.php?u=456&qid=46981" target="_blank">Twitter</a></li>
<li style="text-align: justify; ">Follow CIS on <a href="http://crm.cis-india.org/administrator/components/com_civicrm/civicrm/extern/url.php?u=457&qid=46981" target="_blank">identi.ca</a></li>
<li style="text-align: justify; ">Join the CIS group on <a href="http://crm.cis-india.org/administrator/components/com_civicrm/civicrm/extern/url.php?u=458&qid=46981" target="_blank">Facebook</a></li>
<li style="text-align: justify; ">Visit us at <a href="http://crm.cis-india.org/administrator/components/com_civicrm/civicrm/extern/url.php?u=459&qid=46981" target="_blank">www.cis-india.org</a></li>
</ul>
<hr />
<p style="text-align: justify; "><i>CIS is grateful to Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.</i></p>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/september-2011-bulletin'>https://cis-india.org/about/newsletters/september-2011-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAW2012-07-30T06:34:19ZPageCopyrights Amendment Bill to Be Tabled in Indian Parliament – Parallel Import provisions have Been Removed
https://cis-india.org/news/copyright-amendment-bill-in-indian-parliament
<b>This week, the Indian government’s Rajya Sabha (the upper house of Parliament) will debate the Copyright Amendments Act.</b>
<p>The Centre for Internet and Society has <a href="https://cis-india.org/a2k/blog/copyright-bill-parliament" class="external-link">raised a number of concerns</a> – including the removal of parallel import provisions that would allowed universities and libraries to access foreign works more cheaply, the extension of copyright terms beyond those required by the TRIPS Agreement, and the introduction of technological protection measures (with stiff penalties for circumventing them).</p>
<p>CIS <a href="https://cis-india.org/a2k/blog/copyright-bill-parliament" class="external-link">describes other provisions</a> in the bill: Fair dealing exceptions have been extended “to all works except computer programs;” the “scope of compulsory licensing under sec 31 has been expanded from ‘any Indian work’ to ‘any work’;” and two provisions have been introduced to allow for the conversion, reproduction, and distribution of works for people with disabilities.</p>
<p>According to Prashant Reddy from the National University of Juridical Sciences in Kolkata, the Parliamentary Standing Committee on that reviewed the original legislation had strongly supported parallel imports of books. In a <a class="external-link" href="http://spicyipindia.blogspot.com/2011/09/parallel-imports-unexpected-dumping-of.html">blog post on Spicy IP</a>, he noted that “publishers routinely introduce old versions of books in India,” and that parallel imports would allow students to obtain newer copies at reasonable prices.</p>
<p>However, <a class="external-link" href="http://www.livemint.com/2011/09/04233327/Removal-of-parallel-imports-cl.html?h=B">a news story in Live Mint </a>reports that the publishing industry “had strongly opposed the amendments.”</p>
<p>This article by Mike Palmedo was published in infojustice.org on September 5, 2011. Read the original story <a class="external-link" href="http://infojustice.org/archives/5328">here</a></p>
<p>
For more details visit <a href='https://cis-india.org/news/copyright-amendment-bill-in-indian-parliament'>https://cis-india.org/news/copyright-amendment-bill-in-indian-parliament</a>
</p>
No publisherpraskrishnaIntellectual Property RightsAccess to Knowledge2011-09-14T11:47:37ZNews ItemCalling Out the BSA on Its BS
https://cis-india.org/a2k/blogs/calling-out-the-bsa-on-bs
<b>The Business Software Alliance (BSA) is trying to pull wool over government officials' eyes by equating software piracy with tax losses. Pranesh Prakash points out how that argument lacks cogency, and that tax losses would be better averted if BSA's constituent companies just decided to pay full taxes in India.</b>
<p>In the past we have covered the Business Software Alliance's <a href="http://cis-india.org/a2k/blog/fallacies-lies-and-video-pirates">lack of rigour</a> <a href="http://arstechnica.com/old/content/2005/06/4993.ars">in their piracy</a> <a href="http://www.economist.com/node/3993427">statistics</a>, and disconnect from their constituent members when it comes to <a href="http://www.cis-india.org/a2k/blog/2010-special-301">opposing free and open source software</a>. In reaction to the criticism they have received over the years, BSA has finally stopped equating lack of sales with losses. But now, they have started equating software piracy with tax losses.</p>
<h2>How IDC thinks tax works</h2>
<p>In a report prepared by International Data Corporation (IDC) for the Business Software Alliance (BSA), they note:</p>
<blockquote>
<p>Substantial value in form of potential industry and tax revenues is lost to software piracy: The situation in India is not healthy with a software piracy rate of 65% in 2009 (more than six out of ten PC software programs installed in 2009 were not paid for). Only one-third of the overall PC software revenues are captured by the industry incumbents and the rest are lost to software piracy. Most of the unlicensed software use occurs in otherwise legal businesses installing the programs on more PCs than allowed by the licenses they have paid for. Consequently, in 2009, the state exchequer tax receipts loss was roughly US$866 million at the current piracy and employment levels, as the industry lost its otherwise legitimate share of revenues to piracy.</p>
</blockquote>
<p>For this to be true, there must be two assumptions that are satisfied. First, those who are pirating software must not spend the money that they save by doing so on any other taxable activity. Second, the companies that would get the money if the software weren't pirated must pay the Indian government taxes. As we'll see, neither of these two assumptions are warranted.</p>
<p>The BSA-IDC report reasons as follows: Pirates don't pay taxes on the illegal software that they sell, so that is tax evasion and consequently a tax loss. It states:</p>
<blockquote>
<p>Higher demand for legal software will result in higher flow of license volume through the supply chain, resulting in increase in volume of business transactions. Each transaction adds a certain percentage of the deal or value added to the state exchequer's coffers in the form of indirect tax revenue[...] Increase in demand will also result in increased employment. Consequently, revenues from direct taxes will be increased for the government, as employees join newly created high-paying jobs.</p>
</blockquote>
<h2>How tax actually works</h2>
<p>That reasoning is flawed. The majority of software piracy in India happens through two methods: violation of software licence terms by using the software on more computers than it is licensed for; and pre-loading of illegal software by computer sellers. Those 'computer seller' pirates do not sell the software separately, but bundle it with the computer as an additional service. In other words, they don't charge for it in the first place. So, quite clearly, there is no tax evasion.</p>
<p>Despite there being no tax evasion, there is the possibility of tax loss for the state. That would happen when instead of doing taxable activity A with with their money, they do non-taxable activity B. Putting money in special government bonds instead of spending it on software, for instance, is one such instance. However, that is a strange, unwarranted assumption. People don't always put the money that they don't spend on software into government bonds. It is a much more reasonable assumption that people would spend that money on other consumables, like food or other such tangible commodities.</p>
<p>Lastly, there is the unwarranted assumption that increase in demand for legal software increases employment. In fact, it is a much more reasonable assumption that increase in piracy increases employment in case of developing countries. Printing ("DTP") shops use pirated versions of Photoshop, CorelDraw and InDesign, computer education centres use pirated versions of Microsoft Windows, offices use pirated versions of Microsoft Word and Excel. If these didn't teach their employees the use of pirated software, millions of people would lose their jobs. All of these employees pay direct taxes. There is no analysis in the BSA-IDC report that accounts for this, treating all these millions of people as non-existent for purposes of their analysis.</p>
<h2>Increasing tax: Make MNC software companies pay full taxes</h2>
<p>Thus, there is no real tax loss to the government if the money that would have been spent on commercial software was instead spent on some other commodity. Indeed, there might even be an increase in tax collection because software companies, including leading ones such as Microsoft, are much more likely to avoid taxes than companies that deal in tangible commodities. There are well-known routes of decreasing tax liability for intangible goods such as software. Software companies normally state that they license software instead of selling it (as this suits them on issues such as customs duties), but when it comes to income tax, they try to paint the transaction as a sale of a product. (Microsoft, for instance claims that its earnings in India are 'business income' and not 'royalties' and hence is exempt under the Double Taxation Avoidance Agreement between India and the USA.) A company that deals with tangible commodities has no such 'licensing vs. sale' loop-hole that they can try to exploit. Further, many software companies are located in special economic zones that are "software exporting zones", and hence get large tax deductions.</p>
<p>In India, for instance, Microsoft is resisting payment of income tax for by routing all licensing to distributors in India through a shell company in Singapore and holding that Microsoft India had no income tax liabilities. <a href="http://articles.timesofindia.indiatimes.com/2011-07-28/software-services/29824411_1_customs-duty-importer-ravi-venkatesan">Microsoft has been fined Rs. 2 crore</a> because it tried to separate the importing of software into India from the (more valuable) granting of licences to customers and pay only nominal customs duties on the former and under-declaring the value of the latter as zero. From nine Microsoft dealers a total of Rs 255 crore was collected as tax. Of the roughly Rs. 4000 crores loss that the BSA-IDC report claims, around 6% is realizable from just a single tax (customs duties) from 9 companies dealing in the products of one company. If we multiply this by all taxes (income tax included) amongst all the dealers of all the constituent companies of BSA, then the Indian government might recover more from taxes than is supposedly lost to piracy!</p>
<p>Elsewhere around the globe, the <a href="https://secure.wikimedia.org/wikipedia/en/wiki/Double_Irish_Arrangement">'Double Irish' arrangement</a>, the <a href="http://www.msnbc.msn.com/id/39784907/ns/business-bloomberg_businessweek/">'Dutch Sandwich' route</a> and other such are used by MNC software companies to evade taxes. Just as there are tax havens, there are some IPR havens that cater to companies selling/licensing software and other such intangible commodities.</p>
<p>If only these software companies were to stop evading taxes in the countries in which they sell software, then the government's tax collections would automatically increase.</p>
<h2>Final idiocies, and conclusion</h2>
<p>In the BSA-IDC report, they write: "Assessing the relationship between software piracy rates and UN Human Development Index (a measure of average achievements in a country in three basic dimensions of human development) suggests that countries with greater rates of software piracy tend to have lower levels of economic development. This further strengthens the hypothesis that IP rights (IPR) enforcement increases economic activity.".</p>
<p>This is as sensible as saying "countries with greater rates of industrial espionage (such as France, Germany, and USA) tend to have higher levels of economic development" strengthens the hypothesis that industrial espionage increases economic development. While it is empirically true that most countries with greater rates of software piracy have lower levels of economic development, it is equally true that countries with lower levels of economic development (being countries with poorer populations) have more software piracy. It is equally true that software piracy decreases if the cost of software decreases, as shown by the more carefully-conducted analysis in the Media Piracy in Emerging Economies report.<br />
</p>
<p>To use greater software piracy and lower economic development as evidence of the causal link between IPR enforcement and economic activity is to betray absolute ignorance about both economics and logic.</p>
<p>The startlingly poor level of analysis of the BSA-IDC report leaves no question that the conclusions were arrived at independently of the analysis. Such misleading analysis is worse than trash: it is downright dangerous as an instrument of policy setting.</p>
<p>To increase tax receipts, the government may as well start by making BSA's constituent companies pay all the taxes they owe.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/calling-out-the-bsa-on-bs'>https://cis-india.org/a2k/blogs/calling-out-the-bsa-on-bs</a>
</p>
No publisherpraneshPiracyIntellectual Property RightsAccess to Knowledge2011-09-14T18:16:51ZBlog EntryPhotocopying the past
https://cis-india.org/a2k/blogs/photocopying-the-past
<b>There is no single correct position when it comes to intellectual property or IP. In fact, there are at least five correct positions that you could possibly adopt based on who you are — a pro-creator position, a pro-entrepreneur position, a pro-government position, a pro-consumer position and a public interest position.</b>
<p>Therefore, before you progress any further, dear reader, you have to first decide which of the above you are. If you are an average Indian, then you are almost certainly a consumer or a member of the general public. Next, it would only be fair for me to tell you when I am coming from: I work for a policy research organisation that focuses on protecting consumer and public interest in the digital era. Before I proceed any further, also note that not all creators prefer profits to public adulation and therefore creators’ interests are not necessarily always opposed to consumer and public interest.</p>
<p>At this point, popular imagination is captivated by meta-regulation, issues of corruption and transparency. Few seem interested in the configuration details of property regimes that we are all implicated in: tangible property, capital and, in our increasingly dematerialised world, intangible property such as IP or spectrum. Unfortunately the complications of spectrum, banking and IP make our eyes glaze over and there is almost zero attention being paid to the copyright act amendment to be discussed in Parliament this week.</p>
<p>For the government, achieving a compromise is the primary objective, and then, perhaps a distant second, raising taxes. This is not a static compromise, since each generation of new technologies precipitates a new round of negotiations between the stakeholders. So while it is easy to be Anna Hazare, it is difficult to be Kapil Sibal. An optimal compromise position as in the world of capital and tangible property protects the production, circulation and consumption of IP. A sub-optimal position results in practices that are in conflict with policy — anti-competitive behaviour or infringement.</p>
<p>Unfortunately when it comes to evidence-based policy-making, there is little funding for public interest IP research in India and the pockets of the lobbyists of rights-holders are deep. The funded research that they tout claims that government loses significant taxes because of piracy or non-maximalist IP policies. Yet rights-holders, especially multinationals in the software business, are experts at tax avoidance through techniques with names like the “Double Irish” and the “Dutch Sandwich”.</p>
<p>Like any compromise, the latest amendment is a mixed bag for consumers and the general public. With regard to “digital rights management,” — or what consumers’ advocates refer to as “digital restrictions management” — the government has yielded to the TRIPS-plus agenda even though it is not a signatory to the WIPO Internet treaties. And with regard to the exception for the disabled, the Indian exception is both disability- and works-neutral making it much more robust when compared to the treaty for the visually impaired currently being discussed at the WIPO.</p>
<p>However, one particular compromise — the volte-face on Section 2 (m) on parallel imports of books — is particularly distressing for book-lovers and students. As part of the latest amendment, this new section was introduced in 2009. The standing committee report gave the section a thumbs-up, but strangely it has gone missing in the latest version of the bill circulated to the MPs in preparation for the Rajya Sabha debate this Friday.</p>
<p>Section 2 (m) is a provision that would have saved us from the uncertainty created by what some consider flawed jurisprudence around parallel importation of copyrighted works. As the standing committee report on the copyright amendment puts it, “nobody can deny the fact that the interests of students will be best protected if they have access to the latest editions of the books.” To date, I have never met an IIT or IIM graduate untainted by photocopied books. I would claim that the lack of quality education in our country is still at the level of an epidemic. The indigenous publication industry has benefited from our progressive copyright regime.</p>
<p>Wouldn’t it be appropriate to afford them maximum flexibility in a future rife with technological shifts? Are all the books that you wish to read available in the libraries and book shops you have access to? Have you ever been forced to photocopy a book because of time constraints? Would you like to see greater choice via increased free-market competition, and reduced state-sanctioned monopolies and enforcement? Does your definition of human rights include the “right to education” and the the “right to entertainment”? Shouldn’t the disabled in India benefit from the $500 million spent each year making books accessible in the US? And finally, shouldn’t a nation providing leadership to the development agenda at WIPO, walk the talk at home? If your answer to any of these questions is yes, you should demand that people are placed before the profits of foreign publishers.</p>
<p>This article by Sunil Abraham, Executive Director, Centre for Internet and Society was published in the Indian Express on 2 September 2011 in the Indian Express. Please read the original article <a class="external-link" href="http://www.indianexpress.com/news/photocopying-the-past/840461/1">here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/photocopying-the-past'>https://cis-india.org/a2k/blogs/photocopying-the-past</a>
</p>
No publishersunilIntellectual Property RightsAccess to Knowledge2011-09-25T20:06:50ZBlog EntryCopyright Amendment Bill in Parliament
https://cis-india.org/a2k/blogs/copyright-bill-parliament
<b>The Copyright Amendment Bill is expected to be presented in the Rajya Sabha by the Minister for Human Resource and Development, Kapil Sibal today afternoon. The much awaited Bill (since it has been in the offing since 2006) has undergone significant changes since its initial appearance.</b>
<p>Given below is a very quick first cut highlight of the Bill from a public interest perspective. A more detailed analysis will follow after the session discussions. </p>
<ul><li>Parallel imports: The parallel imports clause which had been put in as sec 2(m) has now been dropped from the present draft. This is a big setback because educational institutions, libraries and archives, second hand book, etc., were looking to this provision to bring down the prices and hasten the availability of books. This also affects persons with disabilities since they will be unable to import books in accessible formats.</li><li>Persons with disabilities: There are two provisions relating to persons with disabilities which have been introduced. Section 52 (1) (zb) relates to the conversion, reproduction, issues of copies or communication to the public of any work in any accessible format, provided that these activities are meant to enable access to persons with disabilities and sufficient safeguards are taken to ensure that these materials do not enter the mainstream market. This section in a sense is broader and more encompassing than some provisions found in other countries, which relate exclusively to the blind or visually impaired. This section would adequately cover persons with other disabilities who cannot read print. A new section 31B also provides for compulsory licensing for profit entities wishing to convert and distribute works in accessible formats, provided that they are primarily working for persons with disabilities and are registered under sec 12A of the Income Tax Act or under chapter X of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.</li><li>Many exceptions under 52 (1) (i) relating to fair dealing have been extended to all works except computer programmes. New sections 52 (1) (b) and (c) protect transient and incidental storage from being classified as infringing copies, which offers protection to entities such as online intermediaries. </li><li>The scope of compulsory licensing under sec 31 has been expanded from ‘any Indian work’ to ‘any work’. Three new sections 31 B, 31C and 31 D have been introduced. Section 31 B has already been described in the paragraph on persons with disabilities. Section 31 C lays down strict measures relating to statutory licensing in case of cover version, being a sound recording of a literary, dramatic or musical work. Section 31 D relates to statutory licenses for broadcasting organizations wishing to broadcast a literary or musical work or sound recording.</li><li>Non commercial public libraries can now store electronic copies of any non digital works they own (52(n)).</li><li>The new Bill introduces Technological protection measures (65A and 65B) and makes circumvention and distribution of works in which rights managements systems have been removed an offence which is punishable with imprisonment upto two years as well as fine. In addition the copyright owner can also avail of civil remedies. As such India is not really required to have these provisions in the copyright legislation since we are not yet a signatory to the WCT or the WPPT and such provisions will hamper consumer interests. </li><li>Terms of copyright have been increased significantly without reason, thus preventing works from falling into the public domain. For instance, the term of photographs has been increased from 60 years to life of the photographer plus 60 years. This is far in excess of the minimum term stipulated by international treaties. </li></ul>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/copyright-bill-parliament'>https://cis-india.org/a2k/blogs/copyright-bill-parliament</a>
</p>
No publishernirmitaIntellectual Property RightsCopyrightAccess to Knowledge2011-08-30T09:26:44ZBlog EntryGovt for Legalising Parallel Import of Copyright Works; Publishers Oppose
https://cis-india.org/a2k/blogs/govt-legalising-parallel-import-of-copyright-work
<b>Section 2(m) legalises the parallel imports of books and other copyrighted material into India and was part of the initial Copyright Amendment Bill introduced in the Parliament of India in 2010. </b>
<p>Section 2(m) reads as below:</p>
<blockquote class="webkit-indent-blockquote">
<div>"[P]rovided that a copy of a work published in any country outside India with the permission of the author of the work and imported from that country into India shall not be deemed to be an infringing copy."</div>
</blockquote>
<p>Unfortunately, the government did a sudden volte face owing to pressure from publisher lobbies and deleted it from the latest version of the Bill. The provision would have helped students gain access to the latest affordable versions of text books from around the world.</p>
<p>When the Bill was referred to a Parliamentary Standing Committee for review, the said Committee strongly supported the introduction of section 2(m) and stated as below:</p>
<blockquote class="webkit-indent-blockquote">
<p>"that availability of low priced books under the present regime is invariably confined to old editions. Nobody can deny the fact that the interests of students will be best protected if they have access to latest editions of the books."</p>
</blockquote>
<blockquote class="webkit-indent-blockquote">
<p>"Nobody can deny the fact that the interests of students will be best protected if they have access to latest editions of the books. Thus, apprehensions about the flooding of the primary market with low priced editions, may be mis-founded as such a situation would be tackled by that country's law. The Committee would, however, like to put a note of caution to the government to ensure that the <strong>purpose for which the amendment is proposed i.e., to protect the interest of the students is not lost sight of</strong>."</p>
</blockquote>
<div class="pullquote"><span class="Apple-style-span">Despite the Standing Committees support, it is curious as to why the government dropped this provision, particularly when it would have tremendously helped a number of students gain access to latest low priced editions of text books from around the world. It ought not to have succumbed to the pressures of the publishing lobby.</span></div>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p> </p>
<p>Empirical studies done on this count clearly demonstrate that publishers only introduce old versions of books in India. The latest versions have to be imported, and they are very expensive, often times costing more than what they cost in the US and EU. See the Economic Times article documenting this empirical study <a class="external-link" href="http://economictimes.indiatimes.com/opinion/policy/govt-for-legalising-parallel-import-of-copyright-works-publishers-oppose/articleshow/7723572.cms">here</a>.</p>
<p>Further, an easy right of import enables any third party to import books which could also then be made available in accessible formats to the visually impaired. </p>
<p class="callout">Download the Economic Times article by Shamnad Basheer <a href="https://cis-india.org/a2k/blogs/govt-legalising-parallel-import" class="internal-link" title="Govt for legalising parallel import of copyright works; publishers oppose">here</a>. [PDF, 470 Kb]</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/govt-legalising-parallel-import-of-copyright-work'>https://cis-india.org/a2k/blogs/govt-legalising-parallel-import-of-copyright-work</a>
</p>
No publisherShamnad BasheerIntellectual Property RightsCopyrightAccess to Knowledge2011-08-30T10:19:35ZBlog EntryAugust 2011 Bulletin
https://cis-india.org/about/newsletters/august-2011-bulletin
<b>Greetings from the Centre for Internet and Society! In this issue we are pleased to present you the latest updates about our research, upcoming events, and news and media coverage:</b>
<h2><b>Researchers@Work</b></h2>
<p style="text-align: justify; ">RAW is a multidisciplinary research initiative. To build original research knowledge base, the RAW programme has been collaborating with different organisations and individuals to focus on its three year thematic of Histories of the Internets in India. Five monographs: <a href="https://cis-india.org/raw/histories-of-the-internet/blogs/rewiring-bodies/rewiring-call-for-review" target="_blank">Re: Wiring Bodies</a> by Asha Achuthan, <a href="https://cis-india.org/raw/histories-of-the-internet/blogs/archives-and-access/archive-and-access" target="_blank">Archive and Access</a> by Aparna Balachandran and Rochelle Pinto, <a href="https://cis-india.org/raw/histories-of-the-internet/blogs/pleasure-and-pornography/pornography-and-law" target="_blank">Porn: Law, Video, Technology</a> by Namita Malhotra, <a href="https://cis-india.org/raw/histories-of-the-internet/blogs/rethinking-the-last-mile-problem/last-mile-problem" target="_blank">The Last Cultural Mile</a> by Ashish Rajadhyaksha and <a href="https://cis-india.org/raw/histories-of-the-internet/blogs/internet-society-and-space-in-indian-cities/city-and-space" target="_blank">Internet, Society and Space in Indian Cities</a> by Pratyush Shankar were officially launched at the Locating Internets: Histories of the Internet(s) in India — Research Training and Curriculum Workshop in Ahmedabad.</p>
<h3>Workshop organised in CEPT, Ahmedabad</h3>
<ul>
<li><a href="https://cis-india.org/research/conferences/conference-blogs/workshop" target="_blank">Locating Internets: Histories of the Internet(s) in India — Research Training and Curriculum Workshop: Call for Participation</a> [19 to 22 August 2011]</li>
</ul>
<h2><b>Digital Natives with a Cause?</b></h2>
<p style="text-align: justify; ">Digital Natives with a Cause? is a knowledge programme initiated by CIS and Hivos, Netherlands. It is a research inquiry that seeks to look at the changing landscape of social change and political participation and the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who want to critically engage with the dominant discourse on youth, technology and social change, in order to look at the alternative practices and ideas in the Global South. It also aims at building new ecologies that amplify and augment the interventions and actions of the digitally young as they shape our futures.</p>
<h3>Featured Research</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/digital-natives/stirrup-and-the-ground" target="_blank">Between the Stirrup and the Ground: Relocating Digital Activism</a> (This paper by Nishant Shah and Fieke Jansen was published in Democracy & Society, a publication of the Center for Democracy and Civil Society, Volume 8, Issue 2, Summer 2011).</li>
</ul>
<h2><b>Accessibility</b></h2>
<p style="text-align: justify; ">Estimates of the percentage of the world's population that is disabled vary considerably. But what is certain is that if we count functional disability, then a large proportion of the world's population is disabled in one way or another. At CIS we work to ensure that the digital technologies, which empower disabled people and provide them with independence, are allowed to do so in practice and by the law. To this end, we support web accessibility guidelines, and change in copyright laws that currently disempower the persons with disabilities.</p>
<h3>Interview</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/accessibility/interview-mada">An Interview with David Baines</a> (Maureen Agena interviewed David Baines of Mada Centre for Assistive Technology in Khattar).</li>
</ul>
<h2><b>Access to Knowledge</b></h2>
<h3>New Blog Entry</h3>
<ul>
<li><a href="https://cis-india.org/a2k/blog/govt-legalising-parallel-import-of-copyright-work" class="external-link">Govt for Legalising Parallel Import of Copyright Works; Publishers Oppose</a></li>
</ul>
<h2><b>Openness</b></h2>
<p style="text-align: justify; ">CIS believes that innovation and creativity should be fostered through openness and collaboration and is committed towards promotion of open standards, open access, and free/libre/open source software.</p>
<h3>Featured Research</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/openness/blog/ogd-draft-v2-call-for-comments" target="_blank">Call for Comments on Draft Report on Open Government Data in India (v2)</a> (Nisha Thompson has updated the Open Government Data Report prepared by CIS last year including additional case studies and the National Data Sharing and Accessibility Policy).</li>
<li style="text-align: justify; "><a href="https://cis-india.org/openness/blog/open-access-to-scholarly-literature" target="_blank">Open Access to Scholarly Literature in India: A Status Report: Call for Comments</a> (The report has been prepared by Prof. Subbiah Arunachalam and Madhan Muthu. It surveys the field of scholarly and scientific publication in India and provides a detailed history of the open access movement in India).</li>
</ul>
<h2><b>Internet Governance</b></h2>
<p style="text-align: justify; ">Although there may not be one centralized authority that rules the Internet, the Internet does not just run by its own volition: for it to operate in a stable and reliable manner, there needs to be in place infrastructure, a functional domain name system, ways to curtail cyber crime across borders, etc. The Tunis Agenda of the second World Summit on the Information Society (WSIS), paragraph 34 defined Internet governance as “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet.” Its latest endeavour has resulted into these:</p>
<h3>New Blog Post</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/internet-governance/bye-bye-email" target="_blank">Bye Bye email?</a> (Email might be the default method of communication for most of us, but could it be going the telegram way, writes Nishant Shah. The article was published in the Indian Express on August 21, 2011).</li>
</ul>
<h3>Public Lecture</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/internet-governance/events/mirror-in-the-enigma" target="_blank">The Mirror in the Enigma: How Germany lost World War II to a Mathematical Theorem</a> (Rohit Gupta gave a lecture at CIS on August 12, 2011).</li>
</ul>
<p style="text-align: justify; ">CIS is doing a project, ‘Privacy in Asia’. <i>It is funded by Privacy International (PI), UK and the International Development Research Centre, Canada and is being administered in collaboration with the Society and Action Group, Gurgaon</i>. The two-year project commenced on 24 March 2010 and will be completed as agreed to by the stakeholders. It was set up with the objective of raising awareness, sparking civil action and promoting democratic dialogue around challenges and violations of privacy in India. In furtherance of these goals it aims to draft and promote over-arching privacy legislation in India by drawing upon legal and academic resources and consultations with the public.</p>
<h3>Featured Research</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/internet-governance/ip-addresses-and-identity-disclosures" target="_blank">IP Addresses and Expeditious Disclosure of Identity in India</a> (Prashant Iyengar reviews the statutory mechanism regulating the retention and disclosure of IP addresses by Internet companies in India and provides a compilation of anecdotes on how law enforcement authorities in India have used IP address information to trace individuals responsible for particular crimes).</li>
</ul>
<h3>New Blog Entries<b> </b></h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/internet-governance/blog/privacy_wholebodyimagingcomparison" target="_blank">Whole Body Imaging and Privacy Concerns that Follow</a> (by Elonnai Hickok)</li>
<li style="text-align: justify; "><a href="https://cis-india.org/internet-governance/privacy_uidfinancialinclusion" target="_blank">Financial Inclusion and the UID</a> (by Elonnai Hickok) </li>
<li style="text-align: justify; "><a href="https://cis-india.org/internet-governance/blog/privacy/cctv-in-universities" target="_blank">CCTV in Universities</a> (by Merlin Oommen)</li>
<li style="text-align: justify; "><a href="https://cis-india.org/internet-governance/blog/privacy/key-escrow" target="_blank">Re-thinking Key Escrow</a> (by Natasha Vaz) </li>
</ul>
<h3>Event Report</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/internet-governance/privacy-chennai-report.pdf/view?searchterm=Privacy%20Matters%20Chennai" target="_blank">Privacy Matters, Chennai</a> – the event was organised by IDRC, Society in Action Group, Madras Institute of Development Studies, Consumer and Civic Action Group, Privacy India and CIS on August 6, 2011. </li>
</ul>
<h2><b>News & Media Coverage</b></h2>
<ul>
<li><a href="https://cis-india.org/news/net-gain" target="_blank">Net Gain</a> [The Telegraph, 24 August 2011]</li>
<li><a href="https://cis-india.org/news/iisc-students-boycott-uid" target="_blank">IISc students boycott UID, don’t want Big Brother to keep watch</a> [Bangalore Mirror, 23 August 2011]</li>
<li><a href="https://cis-india.org/news/right-circle" target="_blank">In the Right Circle</a> [Indian Express, 24 July 2011]</li>
<li><a href="https://cis-india.org/news/siege-of-android/?searchterm=%EF%82%A7The%20Siege%20of%20Android" target="_blank">The Siege of Android: How Google Lost The OS War</a> [Business.in, 17 August 2011]</li>
<li><a href="https://cis-india.org/news/unsocial-network" target="_blank">The Unsocial Network</a> [Mail Today, 14 August 2011]</li>
<li><a href="https://cis-india.org/news/hazare-clicks" target="_blank">Hazare 'clicks' with city techies</a> [India, 18 August 2011]</li>
<li><a href="https://cis-india.org/news/govt-to-monitor-facebook-twitter" target="_blank">Govt wants to monitor Facebook, Twitter</a> [Times of India, 8 August 2011]</li>
<li><a href="https://cis-india.org/news/nothing-unique-about-identity" target="_blank">Nothing unique about this identity</a> [Deccan Chronicle, 5 August 2011]</li>
<li><a href="https://cis-india.org/news/tired-of-tele-marketing-calls" target="_blank">Tired of tele-marketing calls? Act on privacy right: Experts</a> [Times of India, 7 August 2011]</li>
<li><a href="https://cis-india.org/news/knowledge-isnt-written" target="_blank">When Knowledge Isn’t Written, Does It Still Count?</a> [New York Times, 7 August 2011]</li>
<li><a href="https://cis-india.org/news/indian-super-cops-patrol-www-highway" target="_blank">Indian super-cops now patrol the www highway</a> [Hindustan Times, 6 August 2011]</li>
<li><a href="https://cis-india.org/news/better-understanding-of-privacy" target="_blank">Better Understanding of the Idea of Privacy Sought</a> [Hindu, 7 August 2011]</li>
<li><a href="https://cis-india.org/news/converting-indian-slacktivists" target="_blank">Converting Indian Slacktivists Takes (Offline) Time</a> [Wall Street Journal, 2 August 2011]</li>
</ul>
<h2>Follow us elsewhere</h2>
<ul>
<li>Get short, timely messages from us on <a href="http://twitter.com/cis_india" target="_blank">Twitter</a></li>
<li>Follow CIS on <a href="http://identi.ca/main/remote?nickname=cis" target="_blank">identi.ca</a></li>
<li>Join the CIS group on <a href="http://www.facebook.com/group.php?gid=28535315687" target="_blank">Facebook</a></li>
<li>Visit us at <a href="http://www.cis-india.org/" target="_blank">www.cis-india.org</a></li>
</ul>
<p style="text-align: justify; "><i>CIS is grateful to Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.</i></p>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/august-2011-bulletin'>https://cis-india.org/about/newsletters/august-2011-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-08-13T05:13:23ZPageJuly 2011 Bulletin
https://cis-india.org/about/newsletters/july-2011-bulletin
<b>Greetings from the Centre for Internet and Society! In this issue we are pleased to present you the latest updates about our research, upcoming events, and news and media coverage:</b>
<h2><b>Researchers@Work</b></h2>
<p style="text-align: justify; ">RAW is a multidisciplinary research initiative. To build original research knowledge base, the RAW programme has been collaborating with different organisations and individuals to focus on its three year thematic of Histories of the Internets in India. Five monographs: <a href="https://cis-india.org/research/cis-raw/histories/rewiring/rewiring-call-for-review" target="_blank">Re: Wiring Bodies</a> by Asha Achuthan, <a href="https://cis-india.org/research/cis-raw/histories/archives/the-archive-and-the-indian-historian/?searchterm=archive%20and%20access" target="_blank">Archive and Access</a> by Aparna Balachandran and Rochelle Pinto, <a href="https://cis-india.org/research/cis-raw/histories/pleasure-porno/pornography-and-law" target="_blank">Pornography and the Law</a> by Namita Malhotra, <a href="https://cis-india.org/research/cis-raw/histories/last-mile/last-mile-problem" target="_blank">The Leap of Rhodes or, How India Dealt with the Last Mile Problem – An Inquiry into Technology and Governance</a> by Ashish Rajadhyaksha and <a href="https://cis-india.org/research/cis-raw/histories/Internetcities/city-and-space" target="_blank">Internet, Society and Space in Indian Cities</a> by Pratyush Shankar were sent for peer review.</p>
<h3>Upcoming Event in CEPT, Ahmedabad</h3>
<ul>
<li><a href="https://cis-india.org/research/conferences/conference-blogs/workshop" target="_blank">Locating Internets: Histories of the Internet(s) in India — Research Training and Curriculum Workshop: Call for Participation</a> [Deadline for submission – 26 July 2011; Participants to be selected by 30 July 2011; Workshop from 19 to 22 August 2011]</li>
</ul>
<h2><b>Digital Natives with a Cause?</b></h2>
<p style="text-align: justify; ">Digital Natives with a Cause? is a knowledge programme initiated by CIS and Hivos, Netherlands. It is a research inquiry that seeks to look at the changing landscape of social change and political participation and the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who want to critically engage with the dominant discourse on youth, technology and social change, in order to look at the alternative practices and ideas in the Global South. It also aims at building new ecologies that amplify and augment the interventions and actions of the digitally young as they shape our futures.</p>
<h3>The Digital Natives Newsletter</h3>
<p style="text-align: justify; ">"Links in the Chain" is a bi-monthly publication which highlights the projects, ideas and news of the "Digital Natives with a Cause?" community members. It includes opinion posts by participants from the three workshops — <a href="https://cis-india.org/research/dn/talking-back/?searchterm=talking%20back" target="_blank">Talking Back</a> (Taipei, 15 – 18 August 2010), <a href="https://cis-india.org/research/dn/my-bubble-my-space-my-voice-workshop-perspective-and-future/?searchterm=my%20bubble" target="_blank">My Bubble, My Space, My Voice</a> (Johannesburg, 6 – 9 November 2010) and <a href="https://cis-india.org/research/dn/digital-natives-with-a-cause-workshop-in-santiago-open-call/?searchterm=santiago" target="_blank">From Face to the Interface</a> (Santiago, 8 – 10 February 2011) as well as the facilitators, interviews with them, comics and cartoons highlighting current issues affecting the community, as well as current news and discussions happening at the project website, <a href="http://www.digitalnatives.in" target="_blank">www.digitalnatives.in</a>.</p>
<ol>
<li><a href="https://cis-india.org/research/dn/2011/06/23/digital-dinosaurs" target="_blank">The Digital Dinosaurs</a> [Links in the Chain, Volume 7]</li>
<li><a href="https://cis-india.org/research/Mid-year%20Edition%20-%20Final.pdf" target="_blank">Special Mid Year Edition</a> [Links in the Chain, Volume 8]</li>
</ol>
<h2><b>Accessibility</b></h2>
<p style="text-align: justify; ">Estimates of the percentage of the world's population that is disabled vary considerably. But what is certain is that if we count functional disability, then a large proportion of the world's population is disabled in one way or another. At CIS we work to ensure that the digital technologies, which empower disabled people and provide them with independence, are allowed to do so in practice and by the law. To this end, we support web accessibility guidelines, and change in copyright laws that currently disempower the persons with disabilities.</p>
<h3>Featured Research</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/accessibility/blog/accessibility-policy-international-perspective" target="_blank">Accessibility Policy Making: An International Perspective</a> (Revised Edition 2011) [A G3ict White Paper researched and edited by the Center for Internet and Society, Bangalore, India. Editor: Nirmita Narasimhan, Revised edition: May 2011]</li>
</ul>
<h2><b>Access to Knowledge (previously IPR Reform)</b></h2>
<p style="text-align: justify; ">CIS believes that access to knowledge and culture is essential as it promotes creativity and innovation and bridges the gaps between the developed and developing world positively. Hence, the campaigns for an international treaty on copyright exceptions for print-impaired, advocating against PUPFIP Bill, calls for the WIPO Broadcast Treaty to be restricted to broadcast, questioning the demonization of 'pirates', and supporting endeavours that explore and question the current copyright regime.</p>
<h3>Featured</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/ipr/blog/intermediary-liability-wipo-speech" target="_blank">Don't Shoot the Messenger: Speech on Intermediary Liability at 22nd SCCR of WIPO</a> (speech by Pranesh Prakash at a side-event co-organized from 15 to 24 June 2011, by WIPO and the Internet Society on intermediary liability).</li>
</ul>
<h2><b>Openness</b></h2>
<p style="text-align: justify; ">CIS believes that innovation and creativity should be fostered through openness and collaboration and is committed towards promotion of open standards, open access, and free/libre/open source software.</p>
<h3>Documentary</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/openness/blog/people-are-knowledge" target="_blank">People are Knowledge – Experimenting with Oral Citations on Wikipedia</a> (co-produced by CIS in association with the Wikimedia Foundation, on Oral Citations in India and South Africa)</li>
</ul>
<h3>Featured</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/openness/blog/opening-government-best-practice-guide" target="_blank">Opening Government: A Guide to Best Practice in Transparency, Accountability and Civic Engagement across the Public Sector</a> (published by Transparency & Accountability Initiative, CIS contributed the section on Open Government Data).</li>
</ul>
<h2><b>Internet Governance</b></h2>
<p style="text-align: justify; ">Although there may not be one centralized authority that rules the Internet, the Internet does not just run by its own volition: for it to operate in a stable and reliable manner, there needs to be in place infrastructure, a functional domain name system, ways to curtail cyber crime across borders, etc. The Tunis Agenda of the second World Summit on the Information Society (WSIS), paragraph 34 defined Internet governance as “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet.” Its latest endeavour has resulted into these:</p>
<h3>New Blog Post</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/blog/2011/07/12/rti-and-third-party-info" target="_blank">RTI and Third Party Information: What Constitutes the Private and Public?</a> [by Noopur Raval]</li>
</ul>
<h3>Events Organised</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/events/socio-financial-online-networks/?searchterm=Radhika%20Gajalla" target="_blank">Socio-financial Online Networks: Globalizing Micro-Credit through Micro-transactional Networked Platforms – A Public Lecture by Radhika Gajalla</a> [at CIS, Bangalore on 8 July 2011]</li>
<li style="text-align: justify; "><a href="https://cis-india.org/events/internet-surveillance-policy-lecture" target="_blank">Internet Surveillance Policy: “…the second time as farce?” – A Public Lecture by Caspar Bowden</a> [at TERI, Bangalore on 27 June 2011]</li>
</ul>
<p style="text-align: justify; ">CIS is doing a project, ‘Privacy in Asia’. <i>It is funded by Privacy International (PI), UK and the International Development Research Centre, Canada and is being administered in collaboration with the Society and Action Group, Gurgaon</i>. The two-year project commenced on 24 March 2010 and will be completed as agreed to by the stakeholders. It was set up with the objective of raising awareness, sparking civil action and promoting democratic dialogue around challenges and violations of privacy in India. In furtherance of these goals it aims to draft and promote over-arching privacy legislation in India by drawing upon legal and academic resources and consultations with the public.</p>
<h3>Featured</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/privacy-india/2011/07/19/privacy-media-law" target="_blank">Privacy & Media Law</a> (by Sonal Makhija). The research examines the existing media norms governed by Press Council of India, the Cable Television Networks (Regulation) Act, 1995 and the Code of Ethics drafted by the News Broadcasting Standard Authority, the constitutional protection guaranteed to an individual’s right to privacy upheld by the courts, and the reasons the State employs to justify the invasion of privacy.</li>
</ul>
<h3>Comments<b> </b></h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/privacy-india/privacy-bill-2010/?searchterm=%EF%82%A7Right%20to%20Privacy%20Bill%202010%20%E2%80%94%20A%20Few%20Comments" target="_blank">Right to Privacy Bill 2010 — A Few Comments</a> (by Elonnai Hickok). CIS has given specific recommendations and specific comments on the Right to Privacy Bill, 2010, which was introduced in the Rajya Sabha by Rajeev Chandrashekhar.</li>
</ul>
<h3>Event Report</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/privacy-india/2011/07/21/privacy-guwahati-report" target="_blank">Privacy Matters, Guwahati</a> – the event was organised by IDRC, Society in Action Group, IDEA Chirang, an NGO initiative working with grassroots initiatives in Assam, Privacy India and CIS on 23 June 2011. </li>
</ul>
<h3>New Blog Entries</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/privacy-india/2011/07/15/scam-baiting" target="_blank">My Experiment with Scam Baiting</a> (by Sahana Sarkar)</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/privacy-india/2011/07/18/when-data-is-privacy" target="_blank">When Data Means Privacy, What Traces Are You Leaving Behind?</a> (by Noopur Raval)</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/privacy-india/2011/07/23/video-surveillance-privacy" target="_blank">Video Surveillance and Its Impact on the Right to Privacy</a> (by Elonnai Hickok)</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/privacy-india/2011/07/23/consumer-privacy-e-commerce" target="_blank">Consumer Privacy in e-Commerce</a> (by Sahana Sarkar)</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/privacy-india/2011/07/24/dna-overview" target="_blank">An Overview of DNA Labs in India</a> (by Shilpa Narani)</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/privacy-india/uid-nothing-to-hide-fear/weblogentry_view" target="_blank">UID: Nothing to Hide, Nothing to Fear?</a> (by Shilpa Narani)</li>
</ul>
<h2><b>News & Media Coverage</b></h2>
<ul>
<li><a href="https://cis-india.org/news/failure-to-harness-power-of-net" target="_blank">Indian SMEs still fail to harness the power of Net</a> [Sunday Guardian, 19 June 2011]</li>
</ul>
<ul>
<li><a href="https://cis-india.org/news/sorry-wrong-number" target="_blank">Sorry Wrong Number</a> [Telegraph, 3 July 2011]</li>
</ul>
<ul>
<li><a href="https://cis-india.org/news/aadhaar-truth" target="_blank">Aadhaar’s moment of truth</a> [Deccan Herald, 5 July 2011]</li>
<li><a href="https://cis-india.org/news/walls-have-ears" target="_blank">The Walls Have Ears</a> [Outlook, issue, 11 July 2011]</li>
<li><a href="https://cis-india.org/news/transparent-government-india" target="_blank">Transparent Government, via Webcams in India</a> [New York Times, 17 July 2011]; news also published in other languages in <a href="http://www.wprost.pl/ar/253803/Truman-show-w-indyjskim-rzadzie/" target="_blank">wprost</a> (Polish), <a href="http://www.ictnews.vn/Home/thoi-su/An-Do-lap-camera-de-chong-tham-nhung/2011/07/2MSVC7185287/View.htm" target="_blank">ictnews</a> (Vietnamese) and <a href="http://www.arretsurimages.net/vite.php?id=11710" target="_blank">@rret sur images</a>(French)</li>
<li><a href="https://cis-india.org/news/nyt-lauds-oommen-chandy" target="_blank">NYT lauds Oommen Chandy’s 24/7 office webcast</a> [Deccan Chronicle, 19 July 2011]</li>
<li><a href="https://cis-india.org/news/uid-worlds-largest-database" target="_blank">UID: The World’s Largest Biometric Database</a> [International School on Digital Transformation, 21 July 2011]. Sunil Abraham made a <a href="https://cis-india.org/advocacy/igov/uid-largest-database" target="_blank">presentation</a>.</li>
<li><a href="https://cis-india.org/news/facebook-my-lousy-boyfriend" target="_blank">Facebook, my boyfriend is lousy</a> [Bangalore Mirror, 24 July 2011]</li>
</ul>
<ul>
<li><a href="https://cis-india.org/news/portugal-well-for-transparency" target="_blank">Portal augurs well for transparency</a> [The Hindu, 25 July 2011] </li>
</ul>
<h2>Follow us elsewhere</h2>
<ul>
<li>Get short, timely messages from us on <a href="http://twitter.com/cis_india" target="_blank">Twitter</a></li>
</ul>
<ul>
<li>Follow CIS on <a href="http://identi.ca/main/remote?nickname=cis" target="_blank">identi.ca</a></li>
</ul>
<ul>
<li>Join the CIS group on <a href="http://www.facebook.com/group.php?gid=28535315687" target="_blank">Facebook</a></li>
</ul>
<ul>
<li>Visit us at <a href="http://www.cis-india.org/" target="_blank">www.cis-india.org</a></li>
</ul>
<p><i>CIS is grateful to Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.</i></p>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/july-2011-bulletin'>https://cis-india.org/about/newsletters/july-2011-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-07-30T07:00:26ZPageDon't Shoot the Messenger: Speech on Intermediary Liability at 22nd SCCR of WIPO
https://cis-india.org/a2k/blogs/intermediary-liability-wipo-speech
<b>This is a speech made by Pranesh Prakash at an side-event co-organized by the World Intellectual Property Organization and the Internet Society on intermediary liability, to coincide with the release of Prof. Lillian Edwards's WIPO-commissioned report on 'Role and Responsibility of the Internet Intermediaries in the Field of Copyright'.</b>
<p>Good afternoon. I've been asked to provide a user's perspective to the question of intermediary liability. "In what cases should an Internet intermediary—a messenger—be held liable for the doings of a third party?" is the broad question. I believe that in answering that question we can be guided by two simple principles: As long as intermediaries don't exercise direct editorial control, they should not be held liable; and as long as they don't instigate or encourage the illegal activity, they should not be held liable. In all other cases, attacking Internet intermediaries generally a sign of 'shooting the messenger'.
General intermediary liability and intermediary liability for copyright infringement share a common philosophical foundation, and so I will talk about general intermediary liability first.</p>
<p>While going about holding intermediaries liable, we must remember that what is at stake here is the fact that intermediaries are a necessary component of ensuring freedom of speech and self-expression on the World Wide Web. In this regard, we must keep in mind the joint declaration issued by <a href="http://www.cidh.oas.org/relatoria/showarticle.asp?artID=848&lID=1">four freedom of expression rapporteurs under the aegis of the Organization of American States on June 1, 2011</a>:</p>
<blockquote>
<p>Intermediary Liability</p>
<p>a. No one who simply provides technical Internet services such as providing access, or searching for, or transmission or caching of information, should be liable for content generated by others, which is disseminated using those services, as long as they do not specifically intervene in that content or refuse to obey a court order to remove that content, where they have the capacity to do so (‘mere conduit principle’).</p>
<p>b. Consideration should be given to insulating fully other intermediaries, including those mentioned in the preamble, from liability for content generated by others under the same conditions as in paragraph 2(a). At a minimum, intermediaries should not be required to monitor user-generated content and should not be subject to extra-judicial content takedown rules which fail to provide sufficient protection for freedom of expression (which is the case with many of the ‘notice and takedown’ rules currently being applied).</p>
</blockquote>
<p>It is useful to keep in mind what the kind of liability we affix on offline intermediaries: Would we hold a library responsible for unlawful material that a user has placed on its shelves without its encouragement?</p>
<p>Ensuring a balanced system of intermediary liability is also very important in preserving the forms of innovations we have seen online. Ensuring that intermediaries aren't always held liable for what third parties do is an essential component of encouraging new models of participation, such as Wikipedia. While Wikipedia has community-set standards with regard to copyright, obscenity, and other such issues, holding the Wikimedia Foundation (which has only around 30-40 people) itself responsible for what millions of users write on Wikipedia will hamper such new models of peer-production. This point, unfortunately, has not prevented the Wikimedia Foundation being sued a great number of times in India, a large percentage of which take the form of SLAPP ('strategic lawsuit against public participation') cases, since if the real intention had been to remove the offending content, editing Wikipedia is an easy enough way of achieving that.</p>
<p>While searching for these balanced solutions, we need to look beyond Europe, and look at how countries like Chile, Brazil, India and others are looking at these issues. Unfortunately, this being Geneva, most of the people I see represented in this room are from the developed world as are the examples we are discussing (France and Spain).</p>
<p>In India, for instance, the Internet Service Providers Association made it clear in 2006 (when there was an outcry over censorship of blogging platforms) that they do not want to be responsible for deciding whether something about which they have received a complaint is unlawful or not.</p>
<p>With respect to copyright and the Internet, while the Internet allows for copyright infringement to be conducted more easily, it also allows for copyright infringement to be spotted more easily. Earlier, if someone copied, it would be difficult to find out. Now that is not so. So, that balance is already ingrained, and while many in the industry focus on the fact of easier infringement and thus ask for increased legal protection, such increase in legal protection is not required since the same technological factors that enable increased infringement also enable increased ability to know about that infringement.</p>
<p>On the Internet, intermediaries sometimes engage in primary infringement due to the very nature of digital technology. In the digital sphere, everything is a copy. Thus, whenever you're working on a computer, copies of the copyrighted that show up on your screen are automatically copied to your computer's RAM. Whenever you download anything from the Internet, copies of it are created en route to your computer. (That is the main reason that exceptions in the copyright laws of most countries that allow you to re-sell a book you own don't apply to electronic books.) In such a case, intermediaries must be specially protected. </p>
<p>Additionally, online activities that we take for granted, for instance search technologies, violate the copyright law of most countries. For online search technology to be reasonably fast (instead of taking hours for each search), the searching has to be done on a copies (cache) of actual websites instead of the actual websites. For image searching, it would be unreasonable to expect search companies to take licences for all the images they allow you to search through. Yet, not doing so might violate the copyright laws of many countries. No one, or so one would think, would argue that search engines should be made illegal, but in some countries copyright law is being used to attack intermediaries.</p>
<p>As noted above, intermediaries are a necessary part of online free speech. Current methods of regulating copyright infringement by users via intermediaries online may well fall afoul of internationally accepted standards of human rights. Frank La Rue, the UN Special Rapporteur on Freedom of Opinion and Expression in <a href="http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf">his recent report to the UN Human Rights Council</a> stated:</p>
<blockquote>
<p>While blocking and filtering measures deny access to certain content on the Internet, States have also taken measures to cut off access to the Internet entirely. </p>
<p>The Special Rapporteur is deeply concerned by discussions regarding a centralized “on/off” control over Internet traffic. In addition, he is alarmed by proposals to disconnect users from Internet access if they violate intellectual property rights. This also includes legislation based on the concept of “graduated response”, which imposes a series of penalties on copyright infringers that could lead to suspension of Internet service, such as the so-called “three-strikes law” in France and the Digital Economy Act 2010 of the United Kingdom.</p>
<p>Beyond the national level, the Anti-Counterfeiting Trade Agreement (ACTA) has been proposed as a multilateral agreement to establish international standards on intellectual property rights enforcement. While the provisions to disconnect individuals from Internet access for violating the treaty have been removed from the final text of December 2010, the Special Rapporteur remains watchful about the treaty’s eventual implications for intermediary liability and the right to freedom of expression.</p>
</blockquote>
<p>With respect to graduated response, there is very little that one can add to Prof. Edwards's presentation. I would like to add one further suggestion that Prof. Ed Felten originally put forward as a 'modest proposal': Corporations which make or facilitate three wrongful accusations should face the same penalty as the users who are accused thrice.
The recent US strategy of seizing websites even before trial has been sufficiently criticised, so I shall not spend my time on it.</p>
<p>I still have not seen any good evidence as to why for other kinds of primary or secondary liability incurred by online intermediaries the procedure for offline copyright infringement should not apply, since they are usually crafted taking into account principles of natural justice.</p>
<p>The only 'international' and slightly troublesome issue that a resolution is needed to is that of problems relating to different jurisdiction’s laws applying on a single global network. However, this question is much larger one that of copyright and a copyright-specific solution cannot be found. Thus WIPO is not the right forum for the redress of that problem.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/intermediary-liability-wipo-speech'>https://cis-india.org/a2k/blogs/intermediary-liability-wipo-speech</a>
</p>
No publisherpraneshIntermediary LiabilityIntellectual Property RightsCopyrightAccess to Knowledge2012-06-01T15:01:08ZBlog EntryJune 2011 Bulletin
https://cis-india.org/about/newsletters/june-2011-bulletin
<b>Greetings from the Centre for Internet and Society! In this issue we are pleased to present you the latest updates about our research, upcoming events, and news and media coverage:</b>
<h2><b>Researchers@Work</b></h2>
<p style="text-align: justify; ">RAW is a multidisciplinary research initiative. CIS believes that in order to understand the contemporary concerns in the field of Internet and society, it is necessary to produce local and contextual accounts of the interaction between the Internet and socio-cultural and geo-political structures. To build original research knowledge base, the RAW programme has been collaborating with different organisations and individuals to focus on its three year thematic of Histories of the Internets in India. Six monographs Rewiring Bodies, Archive and Access, Pornography and the Law, The Leap of Rhodes or, How India Dealt with the Last Mile Problem - An Inquiry into Technology and Governance, Transparency and Politics and Internet, Society and Space in Indian Cities are published online and will be launched later this year.</p>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/research/cis-raw/histories/Internetcities/cept-centre-for-role-of-internet">CEPT to Set up Centre to Research Role of Internet in Social Development</a> [Published in the Indian Express on June 18, 2011]</li>
</ul>
<h3>Upcoming Event in CEPT, Ahmedabad</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/research/conferences/conference-blogs/workshop">Locating Internets: Histories of the Internet(s) in India — Research Training and Curriculum Workshop: Call for Participation</a> [Deadline for submission – 15 July 2011; Workshop from 19 to 22 August 2011]</li>
</ul>
<p><b> </b></p>
<h2><b>Digital Natives with a Cause?</b></h2>
<p style="text-align: justify; ">Digital Natives with a Cause? is a knowledge programme initiated by CIS and Hivos, Netherlands. It is a research inquiry that seeks to look at the changing landscape of social change and political participation and the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who want to critically engage with the dominant discourse on youth, technology and social change, in order to look at the alternative practices and ideas in the Global South. It also aims at building new ecologies that amplify and augment the interventions and actions of the digitally young as they shape our futures.</p>
<h3>The Digital Natives Newsletter</h3>
<ul>
<li><a href="https://cis-india.org/research/dn/digital-dinosaurs/weblogentry_view">The Digital Dinosaurs</a> [Volume 5]</li>
</ul>
<h2><b> Pathways</b></h2>
<p style="text-align: justify; ">HE Cell's initiative on social justice, in collaboration with CIS, has initiated the Pathways Project for Learning in Higher Education. It is supported by the Ford Foundation. Under this project, nine under-graduate colleges in different parts of India will be identified to provide special skills in livelihood, knowledge and technology to underprivileged students in those colleges.</p>
<h3>New Blog Entry</h3>
<ul>
<li><a href="https://cis-india.org/research/grants/pathways-project/pathways-proposal-info/weblogentry_view">Pathways for Learning in Higher Education</a> </li>
</ul>
<h2><b>Accessibility</b></h2>
<p style="text-align: justify; ">Estimates of the percentage of the world's population that is disabled vary considerably. But what is certain is that if we count functional disability, then a large proportion of the world's population is disabled in one way or another. At CIS we work to ensure that the digital technologies, which empower disabled people and provide them with independence, are allowed to do so in practice and by the law. To this end, we support web accessibility guidelines, and change in copyright laws that currently disempower the persons with disabilities.</p>
<h3>New Blog Entries</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/accessibility/blog/2011/06/21/communications-and-video-accessibility">Policy Spotlight: 21st Century Communications and Video Accessibility Act</a> [Written by Deepti Bharthur; contains an e-mail interview with Jenifer Simpson, Senior Director for Government Affairs and head of the Telecommunications & Technology Policy Initiative at the American Association of People with Disabilities ]</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/accessibility/blog/2011/06/13/ict-sri-lanka">ICT Accessibility in Sri Lanka</a> [Written by Nirmita Narasimhan]</li>
</ul>
<h2><b>Intellectual Property</b></h2>
<p>CIS believes that access to knowledge and culture is essential as it promotes creativity and innovation and bridges the gaps between the developed and developing world positively. Hence, the campaigns for an international treaty on copyright exceptions for print-impaired, advocating against PUPFIP Bill, calls for the WIPO Broadcast Treaty to be restricted to broadcast, questioning the demonization of 'pirates', and supporting endeavours that explore and question the current copyright regime.</p>
<h3>Statement</h3>
<ul>
<li><a href="https://cis-india.org/advocacy/ipr/blog/sccr-22ndsession-cis-statement">Statement of CIS, India, on the WIPO Broadcast Treaty at the 22nd SCCR</a></li>
</ul>
<h3>New Blog Entry</h3>
<ul>
<li><a href="https://cis-india.org/advocacy/ipr/blog/lid-on-royalty-outflows">Putting a Lid on Royalty Outflows — How the RBI can Help Reduce your IP Costs</a> [Written by Sanjana Govil]</li>
</ul>
<p><b> </b></p>
<h2><b>Openness</b></h2>
<p style="text-align: justify; ">CIS believes that innovation and creativity should be fostered through openness and collaboration and is committed towards promotion of open standards, open access, and free/libre/open source software.</p>
<h3>Submission</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/openness/blog/2011/06/08/draft-ndsap-comments">Comments on the draft National Data Sharing and Accessibility Policy</a> [submitted to the National Spatial Data Infrastructure]</li>
</ul>
<p><b> </b></p>
<h2><b>Internet Governance</b></h2>
<p style="text-align: justify; ">Although there may not be one centralized authority that rules the Internet, the Internet does not just run by its own volition: for it to operate in a stable and reliable manner, there needs to be in place infrastructure, a functional domain name system, ways to curtail cyber crime across borders, etc. The Tunis Agenda of the second World Summit on the Information Society (WSIS), paragraph 34 defined Internet governance as “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet.” Its latest endeavour has resulted into these:</p>
<h3>New Articles</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/blog/the-present-and-future-dangers-of-indias-draconian-new-internet-regulations/weblogentry_view">The Present — and Future — Dangers of India's Draconian New Internet Regulations</a> [By Anja Kovacs in the Caravan on June 1, 2011]</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/blog/big-brother-watching-you/weblogentry_view">Big Brother is Watching You</a> [By Sunil Abraham in Deccan Herald on June 1, 2011]</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/blog/2011/06/08/digital-is-political">The Digital is Political</a> [By Nishant Shah in Down to Earth, Issue of June 15, 2011]</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/blog/want-to-be-watched/weblogentry_view">Do You Want to be Watched?</a> [By Sunil Abraham in Pragati on June 8, 2011]</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/blog/2011/06/09/snooping-to-data-abuse">Snooping Can Lead to Data Abuse</a> [By Sunil Abraham in Mail Today on June 9, 2011]</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/blog/2011/06/22/privacy-and-security">Privacy and Security Can Co-exist</a> [By Sunil Abraham in Mail Today on June 21, 2011]</li>
</ul>
<h3>Column in Indian Express</h3>
<p style="text-align: justify; ">Nishant Shah, Director-Research will be writing a series of columns on Internet and Society issues:</p>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/blog/2011/06/08/password-in-hindi">Say 'Password' in Hindi</a> [By Nishant Shah in the Indian Express, May 15, 2011]</li>
</ul>
<h3>Upcoming Event</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/events/socio-financial-online-networks">Socio-financial Online Networks: Globalizing Micro-Credit through Micro-transactional Networked Platforms – A Public Lecture by Radhika Gajalla</a> [at the Centre for Internet and Society, Bangalore, July 8, 2011]</li>
</ul>
<p style="text-align: justify; ">CIS is doing a project, ‘Privacy in Asia’. <i>It is funded by Privacy International (PI), UK and the International Development Research Centre, Canada and is being administered in collaboration with the Society and Action Group, Gurgaon</i>. The two-year project commenced on 24 March 2010 and will be completed as agreed to by the stakeholders. It was set up with the objective of raising awareness, sparking civil action and promoting democratic dialogue around challenges and violations of privacy in India. In furtherance of these goals it aims to draft and promote over-arching privacy legislation in India by drawing upon legal and academic resources and consultations with the public.</p>
<h3>Featured Research</h3>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/privacy-india/2011/06/14/copyright-enforcement">Copyright Enforcement and Privacy in India</a> [Written by Prashant Iyengar]</li>
</ul>
<h3>New Articles<b> </b></h3>
<ul>
<li><a href="https://cis-india.org/advocacy/igov/privacy-india/2011/06/04/street-view-of-private-and-public">A Street View of Private and the Public</a> [By Prashant Iyengar in Tehelka on June 4, 2011]</li>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/igov/privacy-india/blind-man-view-of-elephunt%20/?searchterm=The%20new%20Right%20to%20Privacy%20Bill%202011%20%E2%80%94%20A%20Blind%20Man%27s%20View%20of%20the%20Elephunt">The new Right to Privacy Bill 2011 — A Blind Man's View of the Elephunt</a> [By Prashant Iyengar in Privacy India website on June 8, 2011]</li>
</ul>
<h3>New Blog Entry</h3>
<ul>
<li><a href="https://cis-india.org/advocacy/igov/privacy-india/2011/06/03/bloggers-rights-and-privacy">Bloggers' Rights Subordinated to Rights of Expression: Cyber Law Expert</a></li>
</ul>
<p><b> </b></p>
<h3>Event organised in Guwahati</h3>
<ul>
<li><a href="https://cis-india.org/advocacy/igov/privacy-guwahati-conference.pdf/view">Privacy matters</a> [Donbosco Institute, Kharguli, Guwahati, June 23, 2011]</li>
</ul>
<h3>Upcoming Events</h3>
<ul>
<li><a href="https://cis-india.org/events/internet-surveillance-policy-lecture">Internet Surveillance Policy: “…the second time as farce?” – A Public Lecture by Caspar Bowden</a> [TERI, Bangalore, June 27, 2011]</li>
<li><a href="https://cis-india.org/events/privacy-matters-hyderabad">Privacy Matters - A Public Conference in Hyderabad</a> [Osmania University Center for International Program, Hyderabad, July 9, 2011]</li>
</ul>
<h2><b>Telecom</b></h2>
<p style="text-align: justify; ">The growth in telecommunications in India has been impressive. While the potential for growth and returns exist, a range of issues need to be addressed for this potential to be realized. One aspect is more extensive rural coverage and the second aspect is a countrywide access to broadband which is low at about eight million subscriptions. Both require effective and efficient use of networks and resources, including spectrum. It is imperative to resolve these issues in the common interest of users and service providers. CIS campaigns to facilitate this:</p>
<h3>Articles by Shyam Ponappa</h3>
<p style="text-align: justify; ">Shyam Ponappa is a Distinguished Fellow at CIS. He writes regularly on Telecom issues in the Business Standard and these articles are mirrored on the CIS website as well.</p>
<ul>
<li style="text-align: justify; "><a href="https://cis-india.org/advocacy/telecom/blog/2011/06/08/ntp-2011-objective">NTP 2011 Objective: Broadband</a> [published in the Business Standard on June 2, 2011]</li>
</ul>
<h2><b>Miscellaneous</b></h2>
<ul>
<li><a href="https://cis-india.org/notices/technology-transparency-accountability">Technology, Transparency and Accountability: A Bar-Camp in Delhi</a> [June 5, 2011, Delhi]</li>
<li><a href="https://cis-india.org/notices/communication-policy-advocacy-technology-and-online-freedom-of-expression-a-toolkit-for-media-development">Communication Policy Advocacy, Technology, and Online Freedom of Expression: A Toolkit for Media Development</a> [June 20 – July 1, 2011, Budapest, Hungary]</li>
</ul>
<p><b> </b></p>
<h2><b>News & Media Coverage</b></h2>
<ul>
<li><a href="https://cis-india.org/news/cyber-space-hackers-paradise">Your cyber space is a hackers paradise</a> [Mail Today, June 6, 2011]</li>
<li><a href="https://cis-india.org/news/centaur-reveals-personal-info">Centaur website reveals guests' personal info</a> [Times of India, June 20, 2011]</li>
<li><a href="https://cis-india.org/news/seamier-side-of-texting">Mumbai Takes Note of Sexting, the Seamier Side of Texting</a> [Times of India, June 19, 2011]</li>
<li><a href="https://cis-india.org/news/state-just-did-to-you">Look what the state just did to you</a> [Mid Day, June 12, 2011]</li>
<li><a href="https://cis-india.org/news/india-e-tolerance">Tough neighbourhood tests India's e-tolerance</a> [Times of India, June 12, 2011]</li>
<li><a href="https://cis-india.org/news/looser-web-rules">India Weighing Looser Web Rules</a> [Wall Street Journal, May 30, 2011]</li>
<li><a href="https://cis-india.org/news/public-data-on-web">Public data on the Web leaves much to be desired</a> [Hindu, May 28, 2011]</li>
<li><a href="https://cis-india.org/news/aadhar-coming-to-bengaluru">What documents will you need, to get UID?</a> [CitizenMatters.in, May 28, 2011]</li>
<li><a href="https://cis-india.org/news/mobile-education-villages">Mobile education comes to villages</a> [Mail Today, May 27, 2011]</li>
<li><a href="https://cis-india.org/news/google-stalks-street">Google now stalks your street</a> [Hindu, May 27, 2011]</li>
<li><a href="https://cis-india.org/news/women-love-facebook">Women in love with Facebook</a> [Deccan Herald, May 27, 2011]</li>
<li><a href="https://cis-india.org/news/google-unveils-controversial-street-view">Google Unveils Controversial Street View Mapping in B’lore</a> [Economic Times, Mumbai, May 27, 2011]</li>
<li><a href="https://cis-india.org/news/e-g-8-report-internet-rights">NGOs say eG8 report must stress internet rights</a> [TELECOMPAPER, May 26, 2011]</li>
</ul>
<h2>Follow us elsewhere</h2>
<ul>
<li>Get short, timely messages from us on <a href="http://twitter.com/cis_india">Twitter</a></li>
<li>Follow CIS on <a href="http://identi.ca/main/remote?nickname=cis">identi.ca</a></li>
<li>Join the CIS group on <a href="http://www.facebook.com/group.php?gid=28535315687">Facebook</a></li>
<li>Visit us at <a href="http://www.cis-india.org/">www.cis-india.org</a></li>
</ul>
<p style="text-align: justify; "><i>CIS is grateful to Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.</i></p>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/june-2011-bulletin'>https://cis-india.org/about/newsletters/june-2011-bulletin</a>
</p>
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