The Centre for Internet and Society
https://cis-india.org
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Porn: Law, Video, Technology
https://cis-india.org/raw/histories-of-the-internet/porn-law-video-technology
<b>Namita Malhotra’s monograph on Pornography and Pleasure is possibly the first Indian reflection and review of its kind. It draws aside the purdah that pornography has become – the forbidden object as well as the thing that prevents you from looking at it – and fingers its constituent threads and textures. </b>
<p>This monograph is not so much about a cultural product called porn as it is a meditation on visuality and seeing, the construction and experience of gazing, technology and bodies in the law, modern myths, the interactions between human and filmic bodies. And technology not necessarily as objects and devices that make pornography possible (but that too), but as history and evolution, process and method, and what this brings to understanding what pornography is.</p>
<p>Namita’s approach brings film studies, technology studies, critical theory, philosophy, literature and legal studies into a document that reads as part literature review, part analysis, going deep, as a monograph should. Reading through this I was struck by the ways of seeing and writing, that a subject like pornography demands – and allows for. I found the structure of the entire piece well conceived, akin to 3D models of spirals rather than linear, much like the experience of watching itself, perhaps. Personally, I know I’m going to keep going back to this monograph for its rich references as much as for how Malhotra examines visual (con)texts across multiple disciplines. And, far from being a distant academic paper, I see how Namita has worked in and been informed by her own fond appreciation of diverse texts with useful and unusual departures into literature and philosophy.</p>
<p>The emphasis on amateur pornography is critical considering the pandemic of hysterical blindness that afflicts public conversations in India around this phenomenon in particular, and the Obscene more generally. A line from the monograph ‘pornography does ideological work’ stands out for me, as Namita shows how it (the monograph, amateur porn, pornography) effectively slices through the careful fabrications called Nation, Culture and Justice in particular; and also in terms of how porn constitutes particular kinds of knowing, speech and experience that reflect on the status quo of politics and of seeing/visuality. The deep engagement with the Mysore Mallige movie/case is an interesting and tender one, perhaps one of the first such in-depth analyses, and a great example of how amateur porn works and what it means.</p>
<p>Considering the appalling lack of insight in responding to the Obscene and the Pornographic, the messy rhetoric and outrage that result when the Pornographic is made public, when the law acts on the visual, on technology, Namita’s analysis is a sharp lens that provides much-needed rejoinders. The sections dealing with these kinds of past events – the moment of public outrage around the revelation of a piece of porn, it’s journey of creation and circulation, the public and institutional esponses to it, are really excellent analyses of a particular kind of moment in contemporary Indian society that have become (to my mind) increasingly difficult to talk about.</p>
<p>There can only be more sharing of this document, perhaps re-purposed, in parts, to become more accessible to communities engaged with commenting, acting and responding to the Obscene, the Visual and the Law (I say this from a perspective of utility and instrumentality that “activism” necessarily deploys, but within what is possible for cannibalisation. Also, because people don’t read) because there just isn’t enough thoughtful work on pornography in the current climate.</p>
<p>The monograph moves to examining the ‘being’ of the pornographic artifact as a digital image and how and why it, especially “video pornography provides a new model for relating to the mass-produced, one in which the body’s susceptibility constitutes both a yielding and a resistance to the hypnotic seduction of the image.”</p>
<p>I find this quote tantalising for it offers a critical perspective on pornography as a challenging politics rather than as ‘merely’ text, which is what this monograph attempts to do. To take this further and to explore the response between the visual and the human, the “something that takes place between the text and the person watching”, could be to move towards reception studies and studies of the experiencing of porn either as star/creator, fan or audience. There are fascinating possibilities here for inventive methodologies and formats in which this could be done, montage-ing academic text with visual ethnographies, online aggregation and collation of visual data and experiences, and so on. This next stage could be exciting in how it could really engage with the body of porn and its people.</p>
<p><strong>Introduction by Maya Ganesh</strong></p>
<div>Download the monograph <a href="https://cis-india.org/raw/histories-of-the-internet/porn-law.pdf" class="internal-link" title="Porn: Law, Video, Technology">here</a> [PDF, 3.73 MB]</div>
<p>
For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/porn-law-video-technology'>https://cis-india.org/raw/histories-of-the-internet/porn-law-video-technology</a>
</p>
No publisherNamita A MalhotraResearchers at WorkHistories of InternetRAW PublicationsPublications2015-04-14T12:43:14ZBlog EntryInternet, Society & Space in Indian Cities
https://cis-india.org/raw/histories-of-the-internet/internet-society-space
<b>The monograph on Internet, Society and Space in Indian Cities, by Pratyush Shankar, is an entry into debates around making of IT Cities and public planning policies that regulate and restructure the city spaces in India with the emergence of Internet technologies. Going beyond the regular debates on the modern urban, the monograph deploys a team of students from the field of architecture and urban design to investigate how city spaces – the material as well as the experiential – are changing under the rubric of digital globalisation. Placing his inquiry in the built form, Shankar manoeuvres discourse from architecture, design, cultural studies and urban geography to look at the notions of cyber-publics, digital spaces, and planning policy in India. The findings show that the relationship between cities and cyberspaces need to be seen as located in a dynamic set of negotiations and not as a mere infrastructure question. It dismantles the presumptions that have informed public and city planning in the country by producing alternative futures of users’ interaction and mapping of the emerging city spaces.</b>
<p> </p>
<p><strong>Chapter 1 (City, Technology and Cyberspace)</strong> talks about the presence of a new technology of information communication in the society and how it can possibly impact cities in terms of their material production and other cultures. Does the rush of Information Technology in our society and space mark a radical shift in a manner in which cities will develop or is it a part of a larger continuous process that started with the Industrial revolution and reorganization of cities?</p>
<p><strong>Chapter 2 (The Idea of Space)</strong> examines that cities not only provide the necessary environment for such a change but also readjust their own spatial configurations. It aims to understand the nature of such transformation both from the perspective of the change in material culture and in imagination of cities due to the advent of Internet related technologies.</p>
<p><strong>Chapter 3 (The Imagination)</strong> looks at the fact that city is not only lived in but also imagined. Representation of the city and its part play an important role in shaping the imagination. The imagination is one that often collapses the past with present and future. The perception of the city is as much mediated by the collective imagination (as well as individual interpretation of the same) as by our experience of the space itself.</p>
<p><strong>Chapter 4 (The Transformation)</strong> examines the city restructuring process. Cities like nations are now competing for investments from private corporate. The networked cities of India, Bangalore and Gurgaon have been studied further to understand the phenomenon of this IT related restructuring from the point of view of its transformed physical morphology and its repercussion on the nature of its public places.</p>
<p>Pratyush concludes by saying that cities seem to derive their identities with two kinds of imagination structures when it comes to space. First and foremost is the imagination resulting from the meta narratives of mythology, religious belief structure, position of humans in this world. The other imagination structure is the one, which engages with the land, folk and the immediate cultural practices of the community group. He further elaborates that the city restructuring process in India is supposed to symbolize the existence of the information technology but it is really real estate and economic opportunism more than anything else.</p>
<h4>Download the monograph: <a href="https://cis-india.org/raw/histories-of-the-internet/internet-society-space.pdf" class="internal-link" title="Internet, Society & Space in Indian Cities">PDF</a> (9.8 MB)</h4>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/internet-society-space'>https://cis-india.org/raw/histories-of-the-internet/internet-society-space</a>
</p>
No publisherPratyush ShankarThe Spaces of DigitalHistories of InternetResearchers at WorkPublications2016-06-29T09:41:25ZBlog EntryRe:Wiring Bodies
https://cis-india.org/raw/histories-of-the-internet/rewiring-bodies
<b>Asha Achuthan initiates a historical research inquiry to understand the ways in which gendered bodies are shaped by the Internet imaginaries in contemporary India. Tracing the history from nationalist debates between Gandhi and Tagore to the neo-liberal perspective based knowledge produced by feminists like Martha Nussbaum; Asha’s research offers a unique entry point into cyberculture studies through a feminist epistemology of science and technology. The monograph establishes that there is a certain pre-history to the Internet that needs to be unpacked in order to understand the digital interventions on the body in a range of fields from social sciences theory to medical health practices to technology and science policy in the country.</b>
<p><br />Section I (<strong>Attitudes to Technology</strong>) attempts to trace the trajectories of the critiques of technology standing in for science in the Indian context. This section traces the methodology of critique itself that animates the political in India and shows the ways in which these critiques access anterior difference, the ways in which they posit resistance as providing the crisis to closure of hegemonic western science and the ways in which this resistance fails to meet the promise of crisis.</p>
<p>Section II (<strong>Mapping Transitions</strong>) explores in detail the responses to science and technology in feminist and gender work in India. Here, Asha presents an ‘attitude’ to technology as discrete from ‘man’. Feminist and gender work in India have articulated four responses to technology across state and civil society positions. These being the presence of women as agents of technological change, the demand for improved access for women to the fruits of technology, the demand for inclusion of women as a constituency that must be specifically provided for by technological amendments a need for recognition of technology’s ills particularly for women and the consequent need for resistance to technology on the same count.</p>
<p>Keeping in mind that woman’s lived experiences have served as the vantage point for all four of the responses to technology in the Indian context, Asha suggests the need to revisit the idea of such experience itself, and the ways in which it might be made critical, rather than valorising it as an official counterpoint to scientific knowledge, and by extension to technology. Section III (<strong>Working towards an Alternative</strong>) does not address the ‘technology question’ in a direct sense but makes an effort to make that exploration.</p>
<p>Asha concludes by saying that she treats technology as a part of the philosophy of modern western science and the relationship between technology and bodies is the more obvious relationship upon which the formulations of human-technology relationships are built.</p>
<p>Download the monograph <a href="https://cis-india.org/raw/histories-of-the-internet/rewiring-bodies.pdf" class="internal-link" title="Re:Wiring Bodies">here</a> [PDF, 2.58 MB]</p>
<p>
For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/rewiring-bodies'>https://cis-india.org/raw/histories-of-the-internet/rewiring-bodies</a>
</p>
No publisherAsha AchuthanRAW PublicationsInternet HistoriesHistories of InternetResearchers at WorkPublications2015-04-14T12:49:46ZBlog EntryArchives and Access
https://cis-india.org/raw/histories-of-the-internet/blogs/archives-and-access/archives-and-access
<b>The monograph by Aparna Balachandran and Rochelle Pinto, is a material history of the Internet archives. It examines the role of the archivist and the changing relationship between the state and private archives for looking at the politics of subversion, preservation and value of archiving. By examining the Tamil Nadu and Goa state archives, along with the larger public and state archives in the country, the monograph looks at the materiality of archiving, the ambitions and aspirations of an archive, and why it is necessary to preserve archives, not as historical artefacts but as living interactive spaces of memory and remembrance. The findings have direct implications on various government and market impulses to digitise archives and show a clear link between opening up archives and other knowledge sources for breathing life into local and alternative histories.
</b>
<p><a href="https://cis-india.org/raw/histories-of-the-internet/blogs/archives-and-access/archives-and-access.pdf" class="internal-link" title="Archives and Access">Download the Monograph</a></p>
<p>
For more details visit <a href='https://cis-india.org/raw/histories-of-the-internet/blogs/archives-and-access/archives-and-access'>https://cis-india.org/raw/histories-of-the-internet/blogs/archives-and-access/archives-and-access</a>
</p>
No publisherpraskrishnaRAW PublicationsPublicationsHistories of InternetResearchers at WorkInternet HistoriesArchives2015-04-17T11:06:20ZBlog EntryDigital AlterNatives with a Cause?
https://cis-india.org/digital-natives/blog/dnbook
<b>Hivos and the Centre for Internet and Society have consolidated their three year knowledge inquiry into the field of youth, technology and change in a four book collective “Digital AlterNatives with a cause?”. 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. </b>
<p></p>
<p><strong>I</strong><strong>ntroduction</strong></p>
<p>In the 21<sup>st</sup>
Century, we have witnessed the simultaneous growth of internet and digital
technologies on the one hand, and political protests and mobilisation on the
other. Processes of interpersonal relationships, social communication, economic
expansion, political protocols and governmental mediation are undergoing a
significant transition, across in the world, in developed and emerging
Information and Knowledge societies.</p>
<p>The young
are often seen as forerunners of these changes because of the pervasive and
persistent presence of digital and online technologies in their lives. The “
Digital Natives with a Cause?” is a research inquiry that uncovers the ways in
which young people in emerging ICT contexts make strategic use of technologies
to bring about change in their immediate environments. Ranging from personal
stories of transformation to efforts at collective change, it aims to identify
knowledge gaps that existing scholarship, practice and popular discourse around
an increasing usage, adoption and integration of digital technologies in
processes of social and political change.</p>
<p><strong>Methodology</strong></p>
<p>In 2010-11,
three workshops in Taiwan, South Africa and Chile, brought together around 80
people who identified themselves as Digital Natives from Asia, Africa and Latin
America, to explore certain key questions that could provide new insight into
Digital Natives research, policy and practice. The workshops were accompanied
by a ‘Thinkathon’ – a multi-stakeholder summit that initiated conversations
between Digital Natives, academic researchers, scholars, practitioners,
educators, policy makers and corporate representatives to share learnings on
new questions: Is one born digital or does one become a Digital Native? How do
we understand our relationship with the idea of a Digital Native? How do
Digital Natives redefine ‘change’ and how do they see themselves implementing
it? What is the role that technologies play in defining civic action and social
movements? What are the relationships
that these technology based identities and practices have with existing social
movements and political legacies? How do we build new frameworks of sustainable
citizen action outside of institutionalisation?</p>
<strong>
</strong>
<p><strong>Rationale</strong></p>
<p>One of the
knowledge gaps that this book tries to address is the lack of digital natives’
voices in the discourse around them. In the occasions that they are a part of
the discourse, they are generally represented by other actors who define the
frameworks and decide the issues which are important. Hence, more often than
not, most books around digital natives concentrate on similar sounding areas
and topics, which might not always resonate with the concerns that digital
natives and other stake-holders might be engaged with in their material and
discursive practice. The methodology of the workshops was designed keeping this
in mind. Instead of asking the digital natives to give their opinion or recount
a story about what we felt was important, we began by listening to their
articulations about what was at stake for them as e-agents of change. As a
result, the usual topics like piracy, privacy, cyber-bullying, sexting etc.
which automatically map digital natives discourse, are conspicuously absent
from this book. Their absence is not deliberate, but more symptomatic of how
these themes that we presumed as important were not of immediate concerns to
most of the participants in the workshop who are contributing to the book<strong>.</strong></p>
<strong>
</strong>
<p><strong>Structure</strong></p>
<p>The
conversations, research inquiries, reflections, discussions, interviews, and
art practices are consolidated in this four part book which deviates from the
mainstream imagination of the young people involved in processes of change. The
alternative positions, defined by geo-politics, gender, sexuality, class,
education, language, etc. find articulations from people who have been engaged
in the practice and discourse of technology mediated change. Each part
concentrates on one particular theme that helps bring coherence to a wide
spectrum of style and content.</p>
<p><strong>Book 1: To Be: Digital AlterNatives with a Cause? Download <a href="https://cis-india.org/digital-natives/dnbook1/at_download/file" class="external-link">here</a></strong></p>
<strong>
</strong>
<p>The first
part, <em>To Be</em>, looks at the questions
of digital native identities. Are digital natives the same everywhere? What
does it mean to call a certain population ‘Digital Natives”? Can we also look
at people who are on the fringes – Digital Outcasts, for example? Is it
possible to imagine technology-change relationships not only through questions
of access and usage but also through personal investments and transformations?
The contributions help chart the history, explain the contemporary and give ideas
about what the future of technology mediated identities is going to be.</p>
<strong>Book 2: To Think: Digital AlterNatives with a Cause? Download <a href="https://cis-india.org/digital-natives/dnbook2/at_download/file" class="external-link">here</a></strong><strong>
</strong>
<p>In the
second section, <em>To Think,</em> the
contributors engage with new frameworks of understanding the processes,
logistics, politics and mechanics of digital natives and causes. Giving fresh
perspectives which draw from digital aesthetics, digital natives’ everyday
practices, and their own research into the design and mechanics of technology
mediated change, the contributors help us re-think the concepts, processes and
structures that we have taken for granted. They also nuance the ways in which
new frameworks to think about youth, technology and change can be evolved and
how they provide new ways of sustaining digital natives and their causes.</p>
<p><strong>Book 3: To Act: Digital AlterNatives with a Cause? Download <a href="https://cis-india.org/digital-natives/dnbook3/at_download/file" class="external-link">here</a></strong></p>
<p><em>To Act</em> is the third part that concentrates on stories
from the ground. While it is important to conceptually engage with digital
natives, it is also, necessary to connect it with the real life practices that
are reshaping the world. Case-studies, reflections and experiences of people
engaged in processes of change, provide a rich empirical data set which is
further analysed to look at what it means to be a digital native in emerging
information and technology contexts.</p>
<strong>
</strong>
<p><strong>Book 4: To Connect : Digital AlterNatives with a Cause? Download <a href="https://cis-india.org/digital-natives/dnbook4/at_download/file" class="external-link">here</a></strong></p>
<p>The last
section, <em>To Connect</em>, recognises the
fact that digital natives do not operate in vacuum. It might be valuable to
maintain the distinction between digital natives and immigrants, but this
distinction does not mean that there are no relationships between them as
actors of change. The section focuses on the digital native ecosystem to look
at the complex assemblage of relationships that support and are amplified by
these new processes of technologised change.</p>
<p>We see this
book as entering into a dialogue with the growing discourse and practice in the
field of youth, technology and change. The ambition is to look at the digital
(alter)natives as located in the Global South and the potentials for social
change and political participation that is embedded in their interactions
through and with digital and internet technologies. We hope that the book
furthers the idea of a context-based digital native identity and practice,
which challenges the otherwise universalist understanding that seems to be the
popular operative right now. We see this as the beginning of a knowledge
inquiry, rather than an end, and hope that the contributions in the book will
incite new discussions, invoke cross-sectorial and disciplinary debates, and
consolidate knowledges about digital (alter)natives and how they work in the
present to change our futures<strong>.</strong></p>
<p><strong><a class="external-link" href="https://www.surveymonkey.com/MyAccount_Login.aspx">Click here</a> to order your copy. We invite readers to contribute reviews of an essay they found particularly interesting. Contact us: nishant@cis-india.org and fjansen@hivos.nl if you want more information, resources, or dialogues</strong></p>
<p>Nishant
Shah</p>
<p>Fieke
Jansen</p>
<p><strong>For media coverage and book reviews,</strong> <a href="https://cis-india.org/digital-natives/media-coverage" class="external-link">read here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/digital-natives/blog/dnbook'>https://cis-india.org/digital-natives/blog/dnbook</a>
</p>
No publishernishantSocial mediaDigital ActivismRAW PublicationsCampaignDigital NativesAgencyBlank Noise ProjectFeaturedCyberculturesFacebookPublicationsBeyond the DigitalDigital subjectivitiesBooksResearchers at Work2015-04-10T09:22:29ZBlog EntryBetween the Stirrup and the Ground: Relocating Digital Activism
https://cis-india.org/raw/between-the-stirrup-and-the-ground-relocating-digital-activism
<b>In this peer reviewed research paper, Nishant Shah and Fieke Jansen draws on a research project that focuses on understanding new technology, mediated identities, and their relationship with processes of change in their immediate and extended environments in emerging information societies in the global south. It suggests that endemic to understanding digital activism is the need to look at the recalibrated relationships between the state and the citizens through the prism of technology and agency. The paper was published in Democracy & Society, a publication of the Center for Democracy and Civil Society, Volume 8, Issue 2, Summer 2011.</b>
<p> </p>
<p><span class="Apple-style-span"><em>Cross-posted from <a class="external-link" href="http://www.democracyandsociety.com/blog/wp-content/uploads/2011/08/CDACS-DS-15-v3-fnl.pdf">Democracy and Society</a></em>.</span></p>
<hr />
<h2>Introduction</h2>
<p>The first decade of the 21st century has witnessed the simultaneous growth of the Internet and digital technologies on the one hand and political protests and mobilization on the other. As a result, some stakeholders attribute magical powers of social change and political transformation to these technologies.</p>
<p>In the post-Wikileaks world, governments try to censor the use of and access to information technologies in order to maintain the status quo (Domscheit-Berg 2011). With the expansion of markets, technology multinationals and service providers are trying to strike a delicate balance between ethics and profits. Civil Society Organizations for their part, are seeking to counterbalance censorship and exploitation of the citizens’ rights. Within discourse and practice, there remains a dialectic between hope and despair: Hope that these technologies will change the world, and despair that we do not have any sustainable replicable models of technology-driven transformation despite four decades of intervention in the 6eld of information and communication technology (ICT).</p>
<p>This paper suggests that this dialectic is fruitless and results from too strong of a concentration on the functional role of technology. The lack of vocabulary to map and articulate the transitions that digital technologies bring to our earlier understanding of the state-market-citizen relationship, as well as our failure to understand technology as a paradigm that defines the domains of life, labour, and language, amplify this knowledge gap.</p>
<p>This paper draws on a research project that focuses on understanding new technology, mediated identities, and their relationship with processes of change in their immediate and extended environments in emerging information societies in the global south (Shah 2009). We suggest that endemic to understanding digital activism is the need to look at the recalibrated relationships between the state and the citizens through the prism of technology and agency.</p>
<h2>Context</h2>
<p>It is appropriate, perhaps, to begin a paper on digital activism, with a discussion of analogue activism[<a href="#1">1</a>] (Morozov 2010). In the recent revolutions and protests from Tunisia to Egypt and Iran to Kryzygystan, much attention has been given to the role of new media in organizing, orchestrating, performing, and shaping the larger public psyche and the new horizons of progressive governments. Global media has dubbed several of them as ‘Twitter Revolutions” and “Facebook Protests” because these technologies played an important role in the production of :ash-mobs, which, because of their visibility and numbers, became the face of the political protests in di)erent countries. Political scientists as well as technology experts have been trying to figure out what the role of Twitter and Facebook was in these processes of social transformation. Activists are trying to determine whether it is possible to produce replicable upscalable models that can be transplanted to other geo-political contexts to achieve similar results,[<a href="#2">2</a>] as well as how the realm of political action now needs to accommodate these developments.</p>
<p>Cyber-utopians have heralded this particular phenomenon of digital activists mobilizing in almost unprecedented numbers as a hopeful sign that resonates the early 20th century rhetoric of a Socialist Revolution (West and Raman 2009). (ey see this as a symptom of the power that ordinary citizens wield and the ways in which their voices can be ampli6ed, augmented, and consolidated using the pervasive computing environments in which we now live.</p>
<p>In a celebratory tone, without examining either the complex assemblages of media and government practices and policies that are implicated in these processes, they naively attribute these protests to digital technologies.</p>
<p>Cyber-cynics, conversely, insist that these technologies are just means and tools that give voice to the seething anger, hurt, and grief that these communities have harboured for many years under tyrannical governments and authoritarian regimes. They insist that digital technologies played no role in these events — they would have occurred anyway, given the right catalysts — and that this overemphasis on technology detracts from greater historical legacies, movements, and the courage and efforts of the people involved.</p>
<p>While these debates continue to ensue between zealots on conflicting sides, there are some things that remain constant in both positions: presumptions of what it means to be political, a narrow imagination of human-technology relationships, and a historically deterministic view of socio-political movements. While the objects and processes under scrutiny are new and unprecedented, the vocabulary, conceptual tools, knowledge frameworks, and critical perspectives remain unaltered. They attempt to articulate a rapidly changing world in a manner that accommodates these changes. Traditional approaches that produce a simplified triangulation of the state, market and civil society, with historically specified roles, inform these discourses, “where the state is the rule-maker, civil society the do-gooder and watchdog, and the private sector the enemy or hero depending on one’s ideological stand” (Knorringa 2008, 8).</p>
<p>Within the more diffuse world realities, where the roles for each sector are not only blurred but also often shared, things work differently. Especially when we introduce technology, we realize that the centralized structural entities operate in and are better understood through a distributed, multiple avatar model. For example, within public-private partnerships, which are new units of governance in emerging post-capitalist societies, the market often takes up protostatist qualities, while the state works as the beneficiary rather than the arbitrator of public delivery systems. In technology-state conflicts, like the well-known case of Google’s conflict with China (Drummond 2010), technology service providers and companies have actually emerged as the vanguards of citizens’ rights against states that seek to curb them.</p>
<p>Similarly, civil society and citizens are divided around the question of access to technology. The techno-publics are often exclusive and make certain analogue forms of citizenships obsolete. While there is a euphoria about the emergence of a multitude of voices online from otherwise closed societies, it is important to remember that these voices are mediated by the market and the state, and often have to negotiate with strong capillaries of power in order to gain the visibility and legitimacy for themselves. Additionally, the recalibration in the state-market-citizen triad means that there is certain disconnect from history which makes interventions and systemic social change that much more difficult.</p>
<h2>Snapshots</h2>
<p>We draw from our observations in the “Digital Natives with a Cause?”[<a href="#3">3</a>] research program, which brought together over 65 young people working with digital technologies towards social change, and around 40 multi-sector stakeholders in the field to decode practices in order to gain a more nuanced understanding of the relationships between technology and politics.</p>
<p>The first case study is from Taiwan, where the traditionally accepted uni-linear idea of senders-intermediaries-passive receivers is challenged by adopting a digital information architecture model for a physical campaign.[<a href="#4">4</a>] The story not only provides insight into these blurred boundaries and roles, but also offers an understanding of the new realm of political intervention and processes of social transformation.</p>
<p>As YiPing Tsou (2010) from the Soft Revolt project in Taipei explains, "I have realised how the Web has not only virtually reprogrammed the way we think, talk, act and interact with the work but also reformatted our understanding of everyday life surrounded by all sorts of digital technologies."</p>
<p>Tsou’s own work stemmed from her critical doubt of the dominant institutions and structures in her immediate surroundings. Fighting the hyper-territorial rhetoric of the Internet, she deployed digital technologies to engage with her geo-political contexts. Along with two team members, she started the project to question and critique the rampant consumerism, which has emerged as the state and market in Taiwan collude to build more pervasive marketing infrastructure instead of investing in better public delivery systems. The project adopted a gaming aesthetic where the team produced barcodes, which when applied to existing products in malls and super markets, produced random pieces of poetry at the check-out counters instead of the price details that are expected. The project challenged the universal language of barcodes and mobilized large groups of people to spread these barcodes and create spaces of confusion, transient data doubles, and alternative ways of reading within globalized capitalist consumption spaces. The project also demonstrates how access to new forms of technology also leads to new information roles, creating novel forms of participation leading to interventions towards social transformation.</p>
<p>Nonkululeko Godana (2010) from South Africa does not think of herself as an activist in any traditional form. She calls herself a storyteller and talks of how technologies can amplify and shape the ability to tell stories. Drawing from her own context, she narrates the story of a horrific rape that happened to a young victim in a school campus and how the local and national population mobilized itself to seek justice for her. For Godana, the most spectacular thing that digital technologies of information and communication offer is the ability for these stories to travel in unexpected ways. Indeed, these stories grow as they are told. They morph, distort, transmute, and take new avatars, changing with each telling, but managing to help the message leap across borders, boundaries, and life-styles. She looks at storytelling as something that is innate to human beings who are creatures of information, and suggests that what causes revolution, what brings people together, what allows people to unify in the face of strife and struggle is the need to tell a story, the enchantment of hearing one, and the passion to spread it further so that even when the technologies die, the signal still lives, the message keeps on passing. As Clay Shirky, in his analysis of the first recorded political :ash-mob in Phillipines in 2001, suggests, "social media’s real potential lies in supporting civil society and the public sphere — which will produce change over years and decades, not weeks or months."</p>
<h2>Propositions</h2>
<p>These two stories are just a taste of many such narratives that abound the field of technology based social transformation and activism. In most cases, traditional lenses will not recognize these processes, which are transient and short-lived as having political consequence. When transformative value is ascribed to them, they are brought to bear the immense pressure of sustainability and scalability which might not be in the nature of the intervention. Moreover, as we have seen in these two cases, as well as in numerous others, the younger generation — these new groups of people using social media for political change, often called digital natives, slacktivists, or digital activists — renounce the earlier legacy of political action. They prefer to stay in this emergent undefined zone where they would not want an identity as a political person but would still make interventions and engage with questions of justice, equity, democracy, and access, using the new tools at their disposal to negotiate with their immediate socio-cultural and geo-political contexts.</p>
<p>In their everyday lives, Digital Natives are in different sectors of employment and sections of society. They can be students, activists, government officials, professionals, artists, or regular citizens who spend their time online often in circuits of leisure, entertainment and self-gratification. However, it is their intimate relationship with these processes, which is often deemed as ‘frivolous’ that enables them, in times of crises, to mobilize huge human and infrastructural resources to make immediate interventions.</p>
<p>It is our proposition that it is time to start thinking about digital activism as a tenuous process, which might often hide itself in capillaries of non-cause related actions but can be materialized through the use of digital networks and platforms when it is needed. Similarly, a digital activist does not necessarily have to be a full-time ideology spouting zealot, but can be a person who, because of intimate relationships with technologized forms of communication, interaction, networking, and mobilization, is able to transform him/ herself as an agent of change and attain a central position (which is also transitory and not eternal) in processes of social movement. Such a lens allows us to revisit our existing ideas of what it means to be political, what the new landscapes of political action are, how we account for processes of social change, and who the people are that emerge as agents of change in our rapidly digitizing world.</p>
<h3>About the Authors</h3>
<p><span class="Apple-style-span">NISHANT SHAH is Director-Research at the Bangalore based Centre for Internet and Society. He is one of the lead researchers for the “Digital Natives with a Cause?” knowledge programme and has interests in questions of digital identity, inclusion and social change.</span></p>
<p><span class="Apple-style-span">FIEKE JANSEN is based at the Humanist Institute for Development Cooperation (Hivos). She is the knowledge officer for the Digital Natives with a Cause? knowledge programme and her areas of </span><span class="Apple-style-span">interest are the role of digital technologies in social change processes.</span></p>
<h2><span class="Apple-style-span">References</span></h2>
<p>Domscheit-Berg, Daniel. 2011. <em>Inside Wikileaks: My Time with Julian Assange at the World’s Most Dangerous Website</em>. New York: Crown Publishers.</p>
<p>Drummond, David. 2010. “A New Approach to China.” Available at: http:// googleblog.blogspot.com/2010/01/new-approach-to-china.html.</p>
<p>Godana, Nonkululeko. 2011. “Change is Yelling: Are you Listening?” <em>Digital Natives Position Papers</em>. Hivos and the Centre for Internet and Society publications. Available at: http://www.hivos.net/content/download/ 40567/260946/file/Position%20Papers.pdf. Retrieved: February 3, 2011.</p>
<p>Knorringa, Peter. 2010. A Balancing Act — Private Actors in Development, Inaugural Lecture ISS. Available at: http://www.iss.nl/News/Inaugural-Lecture-Professor-Peter-Knorringa. Retrieved: February 3, 2011.</p>
<p>Morozov, Evgeny. 2011. <em>The Net Delusion: The Dark Side of Internet Freedom</em>. New York: Public Affairs.</p>
<p>Shirky, Clay. 2011. “The Political power of Social Media: Technology, the Public Sphere, and Political Change.” <em>Foreign Affairs</em> 90, (1); p. 28-41.</p>
<p>Shah, Nishant and Sunil Abraham. 2009. “Digital Natives with a Cause.” Hivos Knowledge Programme. Hivos and the Centre for Internet and Society publications. Available at: http://cis-india.org/research/dn-report. Retrieved: February 3, 2011.</p>
<p>Tsou, YiPing. 2010. “(Re)formatting Social Transformation in the Age of Digital Representation: On the Relationship of Technologies and Social Transformation”, <em>Digital Natives Position Papers</em>. Hivos and the Centre for Internet and Society publications. Available at: http://www.hivos.net/ content/download/40567/260946/file/Position%20Papers.pdf. Retrieved: February 3, 2011.</p>
<p>West, Harry and Parvathi Raman. 2009. <em>Enduring Socialism: Exploration of Revolution and Transformation, Restoration and Continuation</em>. London: Berghahn Books.</p>
<h2><span class="Apple-style-span">End Notes</span></h2>
<p class="discreet"><a name="1">[1]</a> Morozov looks at how ‘Digital Activism’ often feeds the very structures against we protest, with information that can prove to be counter productive to the efforts. The digital is still not ‘public’ in its ownership and a complex assemblage of service providers, media houses and governments often lead to a betrayal of sensitive information which was earlier protected in the use of analogue technologies of resistance.</p>
<p class="discreet"><a name="1"> </a></p>
<p class="discreet"><a name="2">[2]</a> Following the revolutions in Egypt, China, worried that the model might be appropriated by its own citizens against China’s authoritarian regimes, decided to block “Jan25” and mentions of Egypt from Twitter like websites. More can be read here: <a href="http://yro.slashdot.org/story/11/01/29/2110227/China-Blocks-Egypt-On-Twitter-Like-Site">http://yro.slashdot.org/story/11/01/29/2110227/China-Blocks-Egypt-On-Twitter-Like-Site</a>.</p>
<p class="discreet"><a name="3">[3]</a> More information about the programme can be found <a href="http://www.hivos.net/Hivos-Knowledge-Programme/Themes/Digital-Natives-with-a-Cause">here</a>.</p>
<p class="discreet"><a name="4">[4]</a> Models of digital communication and networking have always imagined that the models would be valid only for the digital environments. Hence, the physical world still engages only with the one-to-many broadcast model, where the central authorities produce knowledge which is disseminated to the passive receivers who operate only as receptacles of information rather than bearers of knowledge. To challenge this requires a re-orientation of existing models and developing ways of translating the peer-to-peer structure in the physical world.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/raw/between-the-stirrup-and-the-ground-relocating-digital-activism'>https://cis-india.org/raw/between-the-stirrup-and-the-ground-relocating-digital-activism</a>
</p>
No publishernishantDigital ActivismDigital NativesResearchNet CulturesPublicationsResearchers at Work2015-10-25T05:58:59ZBlog EntryOpen Government Data Study
https://cis-india.org/openness/blog-old/open-government-data-study
<b>CIS produced a report on the state of open government data in India, looking at policy, infrastructure, and particular case studies, as well as emerging concerns, future strategies and recommendations. The report is authored by Glover Wright, Pranesh Prakash, Sunil Abraham, and Nishant Shah. We are grateful to the Transparency and Accountability Initiative for providing generous funding for this report.</b>
<p> </p>
<p>Cross-posted from the <a class="external-link" href="http://www.transparency-initiative.org/reports/open-government-data-study-india">Transparency and Accountability Initiative website</a>.</p>
<h2>Open Government Data Study: India</h2>
<p>India provides one of the most fascinating examples of the use of open government data in a developing country context. It has one of the best right to information laws in the world and the government’s approach to open data builds on this legacy of making open data relevant to Indian citizens. An estimated 456 million Indians live on less than $1.25 a day and a key issue for India, and other developing countries, is how open data can be accessible to them.</p>
<p>This paper reviews the progress being made towards open government data in India. Using case studies, it examines some of the pressing challenges facing the adoption of OGD in India. These include infrastructural problems, privacy concerns and the power imbalances that improved transparency can unwittingly create. It also examines government attitudes towards open data and related policies and reviews the relationships between open government data, the media and civil society.</p>
<p>The authors argue that the Indian Government’s responsibility should not stop short at just providing information, but also extend to making it available and accessible in a way that facilitates analysis and enhances offline usability – and ultimately makes it accessible to the poorest.</p>
<p>The paper concludes by suggesting technical and policy strategies to develop, promote, implement and maintain a robust open government data policy in India.</p>
<p>Download the <a href="https://cis-india.org/openness/publications/open-government.pdf" class="internal-link" title="Open Government Data">report</a> [PDF, 1.03 MB]</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/openness/blog-old/open-government-data-study'>https://cis-india.org/openness/blog-old/open-government-data-study</a>
</p>
No publisherpraneshOpen DataFeaturedPublicationsOpenness2015-09-03T08:08:22ZBlog EntryThe Online Video Environment in India - A Survey Report
https://cis-india.org/openness/online-video-environment-in-india
<b>iCOMMONS, the OPEN VIDEO ALLIANCE, and the CENTRE FOR INTERNET AND SOCIETY have initiated a research project which seeks to survey the online video environment in India and the opportunities this new medium presents for creative expression and civic engagement. This report seeks to define key issues in the Indian context and begins to develop a short-term policy framework to address them.</b>
<p>The basic assumption of this paper is that the online video medium should support creative and technical innovation, competition, and public participation, and that open source technology can help develop these traits. These assumptions are not elaborated upon here. Instead, this report looks at questions of “openness” that are not strictly technological; that are specific to video in India; and that provide points of entry to a simple policy framework.</p>
<p>The paper is organized in the following parts:</p>
<ul><li>The first chapter, <strong>THE NATIONAL CHARACTER OF INDIAN VIDEO</strong>, provides a brief historical timeline of events from the first screening of the Lumiere Brothers films in India in 1896, through the beginning of the twenty-first century. This chapter traces the traditional channels of dissemination of video content in India, and establishes the close and unique bond that the visual medium has formed with Indian society.</li><li>The second chapter, <strong>DIGITAL MEDIA AND NETWORK TRANSFORMATIONS</strong>, looks at recent media transformations like the rise of the Internet and peer-to-peer networking, the proliferation of telecommunications, and other developments which form the backbone of the emerging online video medium. Peer-to-peer and associative networking provides a new means of content circulation throughout the country.</li><li>The third chapter, <strong>MAPPING CONTENT ON THE INTERNET</strong>, traces the various types of visual content visible over these new networks, exploring case studies of videos circulating on the Internet which have raised new questions of censorship, freedom of speech, and the openness of the medium.</li><li>The fourth chapter, <strong>THE ‘OPEN VIDEO’ QUESTION</strong>, creates a judgment-based framework to assess the openness of the medium. This chapter lays out a series of questions around the broad spectrum of openness, viewed from various perspectives of access, participation, open source technology, and availability, with the intent of mapping the circumstances under which online video operates in India. Moreover, the chapter focuses on the structural limitations to video which can be addressed by policy, or even an absence of policy.</li></ul>
<p><em>Whereas the report consciously makes an effort to explore not only transitory web videos but also films, the terms ‘video’ and ‘film’, in many parts are treated interchangeably. Although films and videos represent different traditional mediums of recording, the interest of this report in examining the ‘online video’ content in India, consists of both types of material—accessed perhaps with little distinction</em>.</p>
<p>The scope of this paper is extremely broad and touches upon a wide variety of issues in India, where each area has a peculiar specificity of its situation—urban or rural, geographic, and so on. Links and references have been provided in the footnotes for background readings of these issues.</p>
<p><a href="https://cis-india.org/openness/publications/content-access/online-video-india-survey-v1" class="internal-link" title="The Online Video Environment in India: A Survey Report">Click here</a> to download the report. [PDF, 1.22 MB]</p>
<p>
For more details visit <a href='https://cis-india.org/openness/online-video-environment-in-india'>https://cis-india.org/openness/online-video-environment-in-india</a>
</p>
No publisherpraneshOpennessOpen ContentPublicationsOpen Video2011-10-03T09:31:30ZBlog EntryDigital Natives with a Cause? A Report
https://cis-india.org/digital-natives/blog/digital-natives-with-a-cause-a-report
<b>Youth are often seen as potential agents of change for reshaping their own societies. By 2010, the global youth population is expected reach almost 1.2 billion of which 85% reside in developing countries. Unleashing the potential of even a part of this group in developing countries promises a substantially impact on societies. Especially now when youths thriving on digital technologies flood universities, work forces, and governments and could facilitate radical restructuring of the world we live in. So, it’s time we start listening to them.
</b>
<p>Youth are often seen as potential agents of change for reshaping their own societies. By 2010, the global youth population is expected reach almost 1.2 billion of which 85% reside in developing countries. Unleashing the potential of even a part of this group in developing countries promises a substantially impact on societies. Especially now when youths thriving on digital technologies flood universities, work forces, and governments and could facilitate radical restructuring of the world we live in. So, it’s time we start listening to them.</p>
<p>Download the Digital Natives Report <a href="https://cis-india.org/digital-natives/digital-natives-with-a-cause.pdf" class="internal-link" title="Digital Natives with a Cause? A Report">here</a></p>
<p>
For more details visit <a href='https://cis-india.org/digital-natives/blog/digital-natives-with-a-cause-a-report'>https://cis-india.org/digital-natives/blog/digital-natives-with-a-cause-a-report</a>
</p>
No publisherpushpaPublicationsDigital Natives2012-01-03T10:28:41ZBlog EntryDigital Natives with a Cause? Thinkathon: Position Papers
https://cis-india.org/digital-natives/blog/position-papers
<b>The Digital Natives with a Cause? Thinkathon conference co-organised by Hivos and the Centre for Internet and Society is being held from 6 to 8 December at the Hague Museum for Communication. The position papers are now available online.</b>
<p>The emergence of digital and Internet technologies have changed the world as we know it. Processes of interpersonal relationships, social communication, economic expansion, political protocols and governmental mediation are all undergoing a significant translation, across the world, in developed and emerging Information and Knowledge societies. These processes also affect the ways in which social transformation, political participation and interventions for development take place.</p>
<p>The Digital Natives with a Cause? research inquiry seeks to look at the potentials of social change and political participation through technology practices of people in emerging ICT contexts. It particularly aims to address knowledge gaps that exist in the scholarship, practice and popular discourse around an increasing usage, adoption and integration of digital and Internet technologies in social transformation processes.</p>
<p>The programme has three main components. The first is to incorporate the users (often young, but not always so) as stakeholders in the construction of policies and discourse which affect their lives in very material ways. The second is to capture, with a special emphasis on change, different relationships with and deployment of technologies in different parts of the world. The third is to further extend the network of knowledge stakeholders where scholars,practitioners, policy makers and the Digital Natives themselves, come together in dialogue to identify the needs and interventions in this field.</p>
<p>In the late summer of 2010 two workshops, in Taiwan and South Africa, brought together 50 Digital Natives from Asia and Africa to place their practice in larger social and political legacies and frameworks. The ‘<a href="https://cis-india.org/digital-natives/blog/talkingback/?searchterm=talking%20back" class="external-link">Talking Back</a>’ workshop in Taiwan looked at the politics, implications and processes of talking back and being political and the ‘<a href="https://cis-india.org/digital-natives/blog/my-bubble-my-space-my-voice-workshop-perspective-and-future" class="external-link">My Bubble, My Voice and My Space</a>’ workshop in Johannesburg looked at change, change processes and the role of Digital Natives in it.</p>
<p>For the Digital Natives with a Cause? Thinkathon that will be held in The Hague, The Netherlands from 6 to 8 December 2010, Digital Natives from the workshops in Taipei and Johannesburg have provided us with their take on social change and political participation in the following position papers. They look at issues of: what does it mean to be a Digital Native? What is the relationship of people growing up with new technologies and change? What are the processes by which change is produced? Can you institutionalize Digital Natives with a Cause Activities? How do you make it sustainable in each context?</p>
<p>We hope you will find the Digital Natives with a Cause? position papers inspiring, thought-provoking and challenging.</p>
<p><img alt="" /> Download the position papers <a href="https://cis-india.org/digital-natives/position-papers.pdf" class="internal-link" title="Thinkathon Position Papers">here </a>[PDF, 1173 KB] <a href="https://cis-india.org/digital-natives/position-papers.pdf" class="internal-link" title="Thinkathon Position Papers"><br /></a></p>
<p>
For more details visit <a href='https://cis-india.org/digital-natives/blog/position-papers'>https://cis-india.org/digital-natives/blog/position-papers</a>
</p>
No publisherpraskrishnaDigital ActivismRAW PublicationsDigital NativesFeaturedPublicationsResearchers at Work2015-05-15T11:34:35ZBlog Entrye-Accessibility Policy Handbook for Persons with Disabilities
https://cis-india.org/accessibility/blog/e-accessibility-handbook
<b>The Centre for Internet and Society is proud to announce the launch of its first publication, the “e-Accessibility Policy Handbook for Persons with Disabilities" in collaboration with the G3ict (Global Initiative for Inclusive Information Communication Technologies) and ITU (International Telecommunications Union), and sponsored by the Hans Foundation. The handbook is compiled and edited by Nirmita Narasimhan. Dr. Hamadoun I. Toure, Secretary-General, International Telecommunication Union has written the preface, Dr. Sami Al-Basheer, Director, ITU-D has written the introduction and Axel Leblois, Executive Director, G3ict has written the foreword.
</b>
<p>The book is based on the online e-accessibility toolkit for policy makers (<a class="external-link" href="http://www.e-accessibilitytoolkit.org/">www.e-accessibilitytoolkit.org</a>) which was released by G3ict and ITU in February 2010. The book has contributions from over 60 experts around the world on ICT accessibility and is a most valuable addition to policy makers and regulators, advocacy and research organisations and persons with disabilities on the implementation of the ICT dispositions of the UNCRPD. We wish to express our sincere appreciation to all the contributors, G3ict and the ITU for making this possible.</p>
<p>The handbook was released by Smt.Vibha Puri Das, Secretary, Dept of Higher Education, Ministry of HRD at the International Conference on Enabling Access to Education through ICT held from 27 to 30 October 2010 in New Delhi. The printed book comes with a CD containing its daisy version. It is divided into four chapters:</p>
<ol>
<li>The Accessibility Imperative</li>
<li>Policies and Programs</li>
<li>Solutions that Work</li>
<li>Accessibility Policy Making: An International Perspective</li>
<li>Appendix A: Accessibility Policy Comparison Grid </li>
</ol>
<p>Also there are two appendices:</p>
<ol>
<li>Appendix A: Accessibility Policy Comparison Grid</li>
<li>Appendix B: Online Toolkit Site Map</li>
</ol>
<p>The topics mainly focus on:</p>
<ul>
<li>What is ICT accessibility?</li>
<li>What the CRPD says about ICT accessibility</li>
<li>How to best assess disability demographics and the impact of ICT barriers</li>
<li>Identifying ICT accessibility legislative, regulatory, policy and programs gaps versus CRPD guidelines and mandates</li>
<li>Engaging Disabled Persons Organizations and other key stakeholders in policy making </li>
<li>Policy development by area</li>
<li>Setting standards</li>
<li>Public procurement</li>
<li>Promoting assistive technologies</li>
<li>Promoting accessible product development & Universal Design</li>
<li>International cooperation</li>
<li>Wireless phones</li>
<li>Radios</li>
<li>Television</li>
<li>Remote consoles</li>
<li>Landline phones</li>
<li>Websites</li>
<li>Personal computers</li>
<li>Software</li>
<li>Electronic kiosks</li>
<li>Broadband services</li>
<li>Country analysis:</li>
<li>United States of America</li>
<li>United Kingdom</li>
<li>Australia</li>
<li>Germany</li>
<li>Portugal</li>
<li>New Zealand</li>
<li>Canada</li>
<li>Ireland</li>
<li>Italy</li>
<li>Sweden</li>
<li>European Union</li>
<li>Japan</li>
<li>Korea</li>
<li>Developing countries</li>
<li>Summary </li>
</ul>
<p>The publication of this book would not have been possible without the generous support of The Hans Foundation, to whom we would like to express our sincere thanks. We trust that readers will find this book most useful in their accessibility work.</p>
<p>The complete version of the book is available in pdf and daisy formats. These can be downloaded by clicking on the links below:</p>
<ul>
<li>e-Accessibility Policy Handbook: <a href="https://cis-india.org/accessibility/publications/e-accessibility" class="internal-link" title="e-Accessibility Policy Handbook for Persons with Disabilities">PDF</a></li>
<li>e-Accessibility Policy Handbook for Persons with Disabilities: <a href="https://cis-india.org/accessibility/publications/daisy-format" class="internal-link" title="e-Accessibility Policy Handbook for Persons with Disabilities - Daisy">Daisy Format </a></li>
</ul>
<p><b> Note</b>: Daisy users can read the book in <a class="external-link" href="http://www.daisy.org/projects/amis/downloads/Setup-amis31-U.S.English.exe">Amis</a> or <a class="external-link" href="http://emerson-reader.googlecode.com/files/emerson-win32-x86-0.6.3.msi">Emerson</a></p>
<p> </p>
<ul>
<li>e-Accessibility Policy Handbook for Persons with Disabilities: <a href="https://cis-india.org/advocacy/e-accessibility-braille" class="internal-link" title="e-Accessibility Policy Handbook (Braille)">Braille File</a></li>
</ul>
<p>
For more details visit <a href='https://cis-india.org/accessibility/blog/e-accessibility-handbook'>https://cis-india.org/accessibility/blog/e-accessibility-handbook</a>
</p>
No publishernirmitaAccessibilityPublications2013-07-30T08:29:06ZBlog EntryAnalysis of the Copyright (Amendment) Bill, 2010
https://cis-india.org/a2k/blogs/copyright-bill-analysis
<b>CIS analyses the Copyright (Amendment) Bill, 2010, from a public interest perspective to sift the good from the bad, and importantly to point out what crucial amendments should be considered but have not been so far.</b>
<p>
The full submission that CIS and 21 other civil society organizations made to the Rajya Sabha Standing Committee on HRD (which is studying the Bill) is <a title="Copyright Bill Analysis" class="internal-link" href="http://www.cis-india.org/advocacy/ipr/upload/copyright-bill-submission">available here</a>. Given below is the summary of our submissions:</p>
<h2 class="western">Existing Copyright Act</h2>
<p align="JUSTIFY">The Indian Copyright
Act, 1957 has been designed from the perspective of a developing
country. It has always attempted a balance between various kinds of
interests. It has always sought to ensure that rights of authors of
creative works is carefully promoted alongside the public interest
served by wide availability and usability of that material. For
instance, our Copyright Act has provisions for: </p>
<ul><li>
<p align="JUSTIFY">compulsory and
statutory licensing: recognizing its importance in making works
available, especially making them available at an affordable rate.</p>
</li><li>
<p align="JUSTIFY">cover versions:
recognizing that more players lead to a more vibrant music industry.</p>
</li><li>
<p align="JUSTIFY">widely-worded
right of fair dealing for private use: recognizing that individual
use and large-scale commercial misuse are different.</p>
</li></ul>
<p align="JUSTIFY">These provisions of
our Act <a class="external-link" href="http://a2knetwork.org/watchlist/report/india">have been lauded</a>,<sup><a class="sdfootnoteanc" name="sdfootnote1anc" href="#sdfootnote1sym"></a></sup>
and India has been rated as <a class="external-link" href="http://a2knetwork.org/summary-report-2010">the most balanced copyright system in a
global survey</a><sup><a class="sdfootnoteanc" name="sdfootnote2anc" href="#sdfootnote2sym"></a></sup>
conducted of over 34 countries by <a class="external-link" href="http://www.consumersinternational.org/">Consumers International</a><sup><a class="sdfootnoteanc" name="sdfootnote3anc" href="#sdfootnote3sym"></a></sup>.</p>
<p align="JUSTIFY">The Indian Parliament
has always sought to be responsive to changing technologies by paying
heed to both the democratisation of access as well as the securing of
the interests of copyright holders. This approach needs to be lauded,
and importantly, needs to be maintained.</p>
<p align="JUSTIFY"><br /></p>
<h2 class="western">Proposed Amendments</h2>
<h3 class="western">Some positive amendments</h3>
<ul><li>
<p align="JUSTIFY"><strong>Fair
Dealings, Parallel Importation, Non-commercial Rental</strong>: All works
(including sound recordings and cinematograph films) are now covered
the fair dealings clause (except computer programmes), and a few
other exceptions; parallel importation is now clearly allowed; and
non-commercial rental has become a limitation in some cases.</p>
</li><li>
<p align="JUSTIFY"><strong>Persons with
disabilities</strong>: There is finally an attempt at addressing the
concerns of persons with disabilities. But the provisions are
completely useless the way they are currently worded.</p>
</li><li>
<p align="JUSTIFY"><strong>Public
Libraries</strong>: They can now make electronic copies of works they
own, and some other beneficial changes relating to public libraries.</p>
</li><li>
<p align="JUSTIFY"><strong>Education</strong>:
Some exceptions related to education have been broadened (scope of
works, & scope of use).</p>
</li><li>
<p align="JUSTIFY"><strong>Statutory and
compulsory licensing</strong>: Some new statutory licensing provisions
(including for radio broadcasting) and some streamlining of existing
compulsory licensing provisions.</p>
</li><li>
<p align="JUSTIFY"><strong>Copyright
societies</strong>: These are now responsible to authors and not owners
of works.</p>
</li><li>
<p align="JUSTIFY"><strong>Open
licences</strong>: Free and Open Source Software and Open Content
licensing is now simpler.</p>
</li><li>
<p align="JUSTIFY"><strong>Partial
exemption of online intermediaries</strong>:
Transient and incidental storage of copyrighted works has
been excepted, mostly for the benefit of online intermediaries.</p>
</li><li>
<p align="JUSTIFY"><strong>Performer’s
rights</strong>: The general, and confusing, exclusive right that
performers had to communicate their performance to the public has
been removed, and instead only the exclusive right to communicate
sound/video recordings remains.</p>
</li><li>
<p align="JUSTIFY"><strong>Enforcement</strong>:
Provisions on border measures have been made better, and less prone
to abuse and prevention of legitimate trade.</p>
</li></ul>
<h3 class="western"><br /></h3>
<h3 class="western">Some negative amendments</h3>
<ul><li>
<p align="JUSTIFY"><strong>WCT and WPPT
compliance</strong>: India has not signed either of these two treaties,
which impose TRIPS-plus copyright protection, but without any
corresponding increase in fair dealing / fair use rights.</p>
</li><li>
<p align="JUSTIFY"><strong>Increase in
duration of copyright</strong>: This will significantly reduce the public
domain, which India has been arguing for internationally.</p>
</li><li>
<p align="JUSTIFY"><strong>Technological
Protection Measures</strong>: TPMs, which have been shown to be
anti-consumer in all countries in which they have been introduced,
are sought to be brought into Indian law.</p>
</li><li>
<p align="JUSTIFY"><strong>Version
recordings</strong>: The amendments make cover version much more
difficult to produce.</p>
</li><li>
<p align="JUSTIFY"><strong>Moral rights</strong>:
Changes have been made to author’s moral rights (and performer’s
moral rights have been introduced) but these have been made without
requisite safeguards.</p>
</li></ul>
<h3 class="western"><br /></h3>
<h3 class="western">Missed opportunities</h3>
<ul><li>
<p align="JUSTIFY"><strong>Government-funded
works</strong>: Taxpayers are still not free to use works that were paid
for by them. This goes against the direction that India has elected
to march towards with the Right to Information Act.</p>
</li><li>
<p align="JUSTIFY"><strong>Copyright
terms</strong>: The duration of all copyrights are above the minimum
required by our international obligations, thus decreasing the
public domain which is crucial for all scientific and cultural
progress.</p>
</li><li>
<p align="JUSTIFY"><strong>Criminal
provisions</strong>: Our law still criminalises individual,
non-commercial copyright infringement.</p>
</li><li>
<p align="JUSTIFY"><strong>Libraries and
archives</strong>: The exceptions for ‘public libraries’ are still
too narrow in what they perceive as ‘public libraries’.</p>
</li><li>
<p align="JUSTIFY"><strong>Educational
exceptions</strong>: The exceptions for education still do not fully
embrace distance and digital education.</p>
</li><li>
<p align="JUSTIFY"><strong>Communication
to the public</strong>: No clear definition is given of what constitute a
‘public’, and no distinction is drawn between commercial and
non-commercial ‘public’ communication.</p>
</li><li>
<p align="JUSTIFY"><strong>Internet
intermediaries</strong>: More protections are required to be granted to
Internet intermediaries to ensure that non-market based
peer-production projects such as Wikipedia, and other forms of
social media and grassroots innovation are not stifled.</p>
</li><li>
<p align="JUSTIFY"><strong>Fair dealing
and fair use</strong>: We would benefit greatly if, apart from the
specific exceptions provided for in the Act, more general guidelines
were also provided as to what do not constitute infringement. This
would not take away from the existing exceptions.</p>
</li></ul>
<p align="JUSTIFY"> </p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/copyright-bill-analysis'>https://cis-india.org/a2k/blogs/copyright-bill-analysis</a>
</p>
No publisherpraneshAccess to KnowledgeConsumer RightsCopyrightFair DealingsPublic AccountabilityIntellectual Property RightsRTIFeaturedBroadcastingPublicationsSubmissionsTechnological Protection Measures2011-09-21T06:01:54ZBlog EntryA Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement
https://cis-india.org/a2k/blogs/a-guide-to-the-proposed-india-european-union-free-trade-agreement
<b>The Centre for Internet and Society presents a guide for policymakers and other stakeholders to the latest draft of the India-European Union Free Trade Agreement, which likely will be concluded by the end of the year and may hold serious ramifications for Indian businesses and consumers. </b>
<div class="visualClear">In its ongoing negotiation for a FTA with the EU, a process that began in 2007 and is expected to end sometime this year, India has won several signicant IP-related concessions. But there remain several IP issues critical to the maintenance of its developing economy, including its robust entrepreneurial environment, that India should contest further before ratifying the treaty. This guide covers the FTA's IP provisions that are within the scope of CIS' policy agenda and on which India has negotiated favorable language, as well as those provisions that it should re-negotiate or oppose.</div>
<div class="visualClear"> </div>
<div class="visualClear">Download the guide <a title="A Guide to the Proposed India-European Union FTA" class="internal-link" href="http://www.cis-india.org/a2k/publications/CIS%20Open%20Data%20Case%20Studies%20Proposal.pdf">here</a>, and please feel free to comment below.</div>
<div class="visualClear"> </div>
<div class="visualClear">You may also download a <a title="India-EU FTA TRIPS Comparison Chart" class="internal-link" href="http://www.cis-india.org/advocacy/ipr/upload/India-EU_FTA_Chart.odt">chart</a> comparing the language proposed by India and the EU respectively with that included in the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).</div>
<div class="visualClear"> </div>
<div class="visualClear">Following is a summary of CIS' findings:</div>
<div class="visualClear"> </div>
<div class="visualClear">
<div class="visualClear">
<ul><li>India has become a de facto leader of developing countries at the WTO, and an India-EU FTA seems likely to provide a model for FTAs between developed and developing states well into the future.</li><li>The EU has proposed articles on reproduction, communication, and broadcasting rights which could seriously undermine India's authority to regulate the use of works under copyright as currently provided for in the Berne Convention, as well as narrowing exceptions and limitations to rights under copyright.</li><li>The EU asserts that copyright includes "copyright in computer programs and in databases," without indicating whether such copyright exceeds that provided for in the Berne Convention. Moreover, by asserting that copyright "includes copyright in computer programs and in databases," the EU has left open the door for the extension of copyright to non-original databases.</li><li>India should explicitly obligate the EU to promote and encourage technology transfer -- an obligation compatible with and derived from TRIPS -- as well as propose a clear definition of technology transfer.</li><li>The EU has demanded India's accession to the WIPO Internet Treaties, the merits of which are currently under debate as India moves towards amending its Copyright Act, as well as several other international treaties that India either does not explicitly enforce or to which it is not a contracting party.</li><li>In general, the EU's provisions would extend terms of protection for material under copyright, within certain constraints, further endangering India's consumer-friendly copyright regime.</li><li>An agreement to establish arrangements between national organizations charged with collecting and distributing royalty payments may obligate such organizations in India collect royalty payments for EU rights holders on the same basis as they do for Indian rights holders, and vice versa in the EU, but more heavily burden India.</li><li>The EU has proposed a series of radical provisions on the enforcement of IPRs that are tailored almost exclusively to serve the interests of rights holders, at the expense of providing safety mechanisms for those accused of infringing or enabling infringers. </li><li>The EU has proposed, under cover of protecting intermediate service providers from liability for infringement by their users, to increase and/or place the burden on such providers of policing user activity.</li></ul>
</div>
</div>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/a-guide-to-the-proposed-india-european-union-free-trade-agreement'>https://cis-india.org/a2k/blogs/a-guide-to-the-proposed-india-european-union-free-trade-agreement</a>
</p>
No publishergloverDevelopmentConsumer RightsCopyrightAccess to KnowledgeDiscussionEconomicsAnalysisTechnological Protection MeasuresIntermediary LiabilityinnovationIntellectual Property RightsPatentsPublications2011-08-30T13:06:03ZBlog EntryThe 2010 Special 301 Report Is More of the Same, Slightly Less Shrill
https://cis-india.org/a2k/blogs/2010-special-301
<b>Pranesh Prakash examines the numerous flaws in the Special 301 from the Indian perspective, to come to the conclusion that the Indian government should openly refuse to acknowledge such a flawed report. He notes that the Consumers International survey, to which CIS contributed the India report, serves as an effective counter to the Special 301 report.</b>
<h1>Special 301 Report: Unbalanced Hypocrisy</h1>
<p>The United States Trade Representative has put yet another edition of the Special 301 report which details the copyright law and policy wrongdoings of the US's trading partners. Jeremy Malcolm of Consumers International notes that the report this year claims to be "well-balanced assessment of intellectual property protection and enforcement ... taking into account diverse factors", but:</p>
<blockquote>
<p>[I]n fact, the report largely continues to be very one-sided. As in previous editions, it lambasts developing countries for failing to meet unrealistically stringent standards of IP protection that exceed their obligations under international law.</p>
</blockquote>
<p>More the report changes, <a href="http://cis-india.org/advocacy/ipr/blog/consumers-international-ip-watch-list-2009">the more it stays the same</a>. <a href="http://www.michaelgeist.ca/content/view/4684/195/">Despite having wider consultations</a> than just the International Intellectual Property Alliance (IIPA, consisting of US-based IP-maximalist lobbyists like the Motion Picture Association of America, Recording Industry Association of America, National Music Publishers Association, Association of American Publishers, and Business Software Alliance) and the Pharmaceutical Research and Manufacturers of America (PhRMA, consisting of US-based pharma multinationals), things haven't really changed much in terms of the shoddiness of the Special 301 report.</p>
<h1>India and the 2010 Special 301 Report</h1>
<p>The Special 301 report for 2010 contains the following assessment of India:</p>
<blockquote>
<p>India will remain on the Priority Watch List in 2010. India continues to make gradual progress on efforts to improve its legislative, administrative, and enforcement infrastructure for IPR. India has made incremental improvements on enforcement, and its IP offices continued to pursue promising modernization efforts. Among other steps, the United States is encouraged by the Indian government’s consideration of possible trademark law amendments that would facilitate India’s accession to the Madrid Protocol. The United States encourages the continuation of efforts to reduce patent application backlogs and streamline patent opposition proceedings. Some industries report improved engagement and commitment from enforcement officials on key enforcement challenges such as optical disc and book piracy. However, concerns remain over India’s inadequate legal framework and ineffective enforcement. Piracy and counterfeiting, including the counterfeiting of medicines, remains widespread and India’s enforcement regime remains ineffective at addressing this problem. Amendments are needed to bring India’s copyright law in line with international standards, including by implementing the provisions of the WIPO Internet Treaties. Additionally, a law designed to address the unauthorized manufacture and distribution of optical discs remains in draft form and should be enacted in the near term. The United States continues to urge India to improve its IPR regime by providing stronger protection for patents. One concern in this regard is a provision in India’s Patent Law that prohibits patents on certain chemical forms absent a showing of increased efficacy. While the full import of this provision remains unclear, it appears to limit the patentability of potentially beneficial innovations, such as temperature-stable forms of a drug or new means of drug delivery. The United States also encourages India to provide protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products. The United States encourages India to improve its criminal enforcement regime by providing for expeditious judicial disposition of IPR infringement cases as well as deterrent sentences, and to change the perception that IPR offenses are low priority crimes. The United States urges India to strengthen its IPR regime and will continue to work with India on these issues in the coming year. </p>
</blockquote>
<p>This short dismissal of the Indian IPR regime, and subsequent classification of India as a "Priority Watch List" country reveals the great many problems with the Special 301.</p>
<h2>On Copyrights</h2>
<ol>
<li>
<p>The report notes that there are "concerns over India's inadequate legal framework and ineffective enforcement". However, nowhere does it bother to point out precisely <em>how</em> India's legal framework is inadequate, and how this is negatively affecting authors and creators, consumers, or even the industry groups (MPAA, RIAA, BSA, etc.) that give input to the USTR via the IPAA. Nor does it acknowledge the well-publicised fact that the statistics put out by these bodies have time and again <a href="http://www.cis-india.org/a2k/blog/fallacies-lies-and-video-pirates">proven to be wrong</a>:</p>
</li>
<li>
<p>Apart from this bald allegation which has not backing, there is a bald statement about India needing to bring its copyright law "in line with international standards" including "the WIPO Internet Treaties". The WIPO Internet Treaties given that more than half the countries of the world are not signatories to either of the WIPO Internet Treaties (namely the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty), calling them 'international standards' is suspect. That apart, both those treaties are TRIPS-plus treaties (requiring protections greater than the already-high standards of the TRIPS Agreement). India has not signed either of them. It should not be obligated to do so. Indeed, Ruth Okediji, a noted copyright scholar, <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1433848">states</a>:</p>
</li>
</ol>
<blockquote>
<p>Consistent with their predecessors, the WIPO Internet Treaties marginalize collaborative forms of creative engagement with which citizens in the global South have long identified and continue in the tradition of assuming that copyright’s most enduring cannons are culturally neutral. [...] The Treaties do not provide a meaningful basis for a harmonized approach to encourage new creative forms in much the same way the Berne Convention fell short of embracing diversity in patterns and modes of authorial expression.</p>
</blockquote>
<ol>
<li>
<p>Some of the of the 'problems' noted in the report are actually seen as being beneficial by many researchers and scholars such as Lawrence Liang, Achal Prabhala, Perihan Abou Zeid <a href="https://sites.google.com/site/iipenforcement/bibliography">and others</a>, who argue that <a href="http://www.altlawforum.org/intellectual-property/publications/articles-on-the-social-life-of-media-piracy/reconsidering-the-pirate-nation">lax enforcement has enabled access to knowledge and promotion of innovation</a>. In a panel on 'Access to Knowledge' at the Internet Governance Forum, <a href="http://a2knetwork.org/access-knowledge-internet-governance-forum">Lea Shaver, Jeremy Malcolm and others</a> who have been involved in that Access to Knowledge movement noted that lack of strict enforcement played a positive role in many developing countries. However, they also noted, with a fair bit of trepidation, that this was sought to be changed at the international level through treaties such as the Anti-Counterfeiting Treaty Agreement (ACTA).</p>
</li>
<li>
<p>The scope of an optical disc law are quite different from copyright law. The report condemns "unauthorized manufacture and distribution of optical discs", however it does not make it clear that what it is talking about is not just unlicensed copying of films (which is already prohibited under the Copyright Act) but the manufacture and distribution of blank CDs and DVDs as well. The need for such a law is assumed, but never demonstrated. It is onerous for CD and DVD manufacturers (such as the Indian company Moserbaer), and is an overbearing means of attacking piracy.</p>
</li>
<li>
<p>The report calls for "improve[ment] [of India's] criminal enforcement regime" and for "deterrent" sentences and expeditious judicial disposition of IPR infringement cases. While we agree with the last suggestion, the first two are most unacceptable. Increased criminal enforcement of a what is essentially a private monopoly right is undesirable. Copyright infringment on non-commercial scales should not be criminal offences at all. What would deter people from infringing copyright laws are not "deterrent sentences" but more convenient and affordable access to the copyright work being infringed.</p>
</li>
</ol>
<h2>On Patents</h2>
<p>Thankfully, this year the Special 301 report does not criticise the Indian Patent Act for providing for post-grant opposition to patent filings, as it has in previous years. However, it still criticises section 3(d) of the Patent Act which ensures that 'evergreening' of drug patents is not allowed by requiring for new forms of known substances to be patented only if "the enhancement of the known efficacy of [the known] substance" is shown. Thus, the US wishes India to change its domestic law to enable large pharma companies to patent new forms of known substances that aren't even better ("enhancement of the known efficacy"). For instance, "new means of drug delivery" will not, contrary to the assertions of the Special 301 report and the worries of PhRMA, be deemed unpatentable.</p>
<p>The United States has been going through much turmoil over its patent system. Reform of the patent system is currently underway in the US through administrative means, judicial means, as well as legislative means. One of the main reasons for this crumbling of the patent system has been the low bar for patentability (most notably the 'obviousness' test) in the United States and the subsequent over-patenting. An <a href="http://supreme.justia.com/us/447/303/case.html">American judgment</a> even noted that "anything under the sun that is made by man" is patentable subject matter. It is well-nigh impossible to take American concerns regarding our high patent standards seriously, given this context.</p>
<h2>Miscellanea</h2>
<p>The harms of counterfeit medicine, as <a href="http://www.cis-india.org/a2k/blog/fallacies-lies-and-video-pirates">we have noted earlier</a>, are separate issues that are best dealt under health safety regulations and consumer laws, rather than trademark law.</p>
<p>Data exclusivity has been noted to be harmful to the progress of generics, and seeks to extend proprietary rights over government-mandated test data. It is [clear from the TRIPS Agreement][de-trips] that data exclusivity is not mandatory. There are clear rationale against it, and the Indian pharmaceutical industry [is dead-set against it][de-india]. Still, the United States Trade Representative persists in acting as a corporate shill, calling on countries such as India to implement such detrimental laws.</p>
<h2>Conclusion</h2>
<p>Michael Geist, professor at University of Ottowa <a href="http://www.michaelgeist.ca/content/view/4997/125">astutely notes</a>:</p>
<blockquote>
<p>Looking beyond just Canada, the list [of countries condemned by the Special 301 report] is so large, that it is rendered meaningless. According to the report, approximately 4.3 billion people live in countries without effective intellectual property protection. Since the report does not include any African countries outside of North Africa, the U.S. is effectively saying that only a small percentage of the world meet its standard for IP protection. Canada is not outlier, it's in good company with the fastest growing economies in the world (the BRIC countries are there) and European countries like Norway, Italy, and Spain.
In other words, the embarrassment is not Canadian law. Rather, the embarrassment falls on the U.S. for promoting this bullying exercise and on the Canadian copyright lobby groups who seemingly welcome the chance to criticize their own country. </p>
</blockquote>
<p>His comments apply equally well for India as well.</p>
<h1>IIPA's Recommendation for the Special 301 Report</h1>
<p>Thankfully, this year <a href="http://www.iipa.com/rbc/2010/2010SPEC301INDIA.pdf">IIPA's recommendations</a> have not been directly copied into the Special 301 report. (They couldn't be incorporated, as seen below.) For instance, the IIPA report notes:</p>
<blockquote>
<p>The industry is also concerned about moves by the government to consider mandating the use of open source software and software of only domestic origin. Though such policies have not yet been implemented, IIPA and BSA urge that this area be carefully monitored.</p>
</blockquote>
<p>Breaking that into two bit:</p>
<h2>Open Source</h2>
<p>Firstly, it is curious to see industry object to legal non-pirated software. Secondly, many of BSA's members (if not most) use open source software, and a great many of them also produce open source software. <a href="http://hp.sourceforge.net/">HP</a> and <a href="http://www-03.ibm.com/linux/ossstds/">IBM</a> have been huge supporters of open source software. Even <a href="http://www.microsoft.com/opensource/">Microsoft has an open source software division</a>. [Intel][intel], <a href="http://www.sap.com/usa/about/newsroom/press.epx?pressid=11410">SAP</a>, <a href="http://www.cisco.com/web/about/doing_business/open_source/index.html">Cisco</a>, <a href="http://linux.dell.com/projects.shtml">Dell</a>, <a href="http://www.sybase.com/developer/opensource">Sybase</a>, <a href="http://www.entrust.com/news/index.php?s=43&item=702">Entrust</a>, <a href="http://about.intuit.com/about_intuit/press_room/press_release/articles/2009/IntuitPartnerPlatformAddsOpenSourceCommunity.html">Intuit</a>, <a href="http://www.synopsys.com/community/interoperability/pages/libertylibmodel.aspx">Synopsys</a>, <a href="http://www.apple.com/opensource/">Apple</a>, <a href="http://www.theregister.co.uk/2005/04/22/jbuilder_eclipse/">Borland</a>, <a href="http://w2.cadence.com/webforms/squeak/">Cadence</a>, <a href="http://usa.autodesk.com/adsk/servlet/item?siteID=123112&id=6153839">Autodesk</a>, and <a href="http://news.cnet.com/8301-13505_3-9967593-16.html">Siemens</a> are all members of BSA which support open source software / produce at least some open source software. And <em>all</em> BSA members rely on open source software (as part of their core products, their web-server, their content management system, etc.) to a lesser or greater extent. BSA's left hand doesn't seem to know what its right hand -- its members -- are doing. Indeed, the IIPA does not seem to realise that the United States' government itself uses [open source software], and has been urged to <a href="http://news.bbc.co.uk/2/hi/7841486.stm">look at FOSS very seriously</a> and is doing so, especially under CIO Vivek Kundra. And that may well be the reason why the USTR could not include this cautionary message in the Special 301 report.</p>
<h2>Domestic Software</h2>
<p>As <a href="http://arstechnica.com/tech-policy/news/2010/04/indias-copyright-proposals-are-un-american-and-thats-bad.ars">this insightful article by Nate Anderson in Ars Technica</a> notes:</p>
<blockquote>
<p>Open source is bad enough, but a "buy Indian" law? That would be <a href="http://www.canadainternational.gc.ca/sell2usgov-vendreaugouvusa/procurement-marches/buyamerica.aspx?lang=eng">an outrage</a> and surely something the US government would not itself engage in <a href="http://www.canadainternational.gc.ca/sell2usgov-vendreaugouvusa/procurement-marches/ARRA.aspx?lang=eng">as recently as last year</a>. Err, right?</p>
</blockquote>
<p>Furthermore, the IIPA submission do not provide any reference for their claim that "domestic origin" software is being thought of being made a mandatory requirement in governmental software procurement.<br />
</p>
<h2>WCT, WPPT, Camcording, and Statutory Damages</h2>
<p>The IIPA submission also wish that India would:</p>
<ol>
<li>Adopt a system of statutory damages in civil cases; allow compensation to be awarded in criminal cases;</li>
<li>Adopt an optical disc law;</li>
<li>Enact Copyright Law amendments consistent with the WCT and WPPT;</li>
<li>Adopt an anti-camcording criminal provision.</li>
</ol>
<p>Quick counters:</p>
<ol>
<li>Statutory damages (that is, an amount based on statute rather than actual loss) would result in ridiculousness such as the $1.92 million damages that the jury (based on the statutory damages) slapped on Jammie Thomas. The judge in that case <a href="http://arstechnica.com/tech-policy/news/2010/01/judge-slashes-monstrous-jammie-thomas-p2p-award-by-35x.ars">called the damage award</a> "monstrous and shocking" and said that veered into "the realm of gross injustice."</li>
<li>The reasons against an optical disc law are given above. Quick recap: it is a) unnecessary and b) harmful.</li>
<li>India has not signed the WCT and the WPPT. Indian law satisfies all our international obligations. Thus enacting amendments consistent with the WCT and the WPPT is not required.</li>
<li>Camcording of a film is in any case a violation of the Copyright Act, 1957, and one would be hard-pressed to find a single theatre that allows for / does not prohibit camcorders. Given this, the reason for an additional law is, quite frankly, puzzling. At any rate, IIPA in its submission does not go into such nuances.</li>
</ol>
<h2>Further conclusions</h2>
<p><a href="http://spicyipindia.blogspot.com/2010/05/us-special-301-report-and-not-so.html">Shamnad Basheer</a>, an IP professor at NUJS, offer the following as a response:</p>
<blockquote>
<p>"Dear USA,</p>
<p>India encourages you to mind your own business. We respect your sovereignty to frame IP laws according to your national priorities and suggest that you show us the same courtesy. If your grouse is that we haven't complied with TRIPS, please feel free to take us to the WTO dispute panel. Our guess is that panel members familiar with the English language will ultimately inform you that section 3(d) is perfectly compatible with TRIPS. And that Article 39.3 does not mandate pharmaceutical data exclusivity, as you suggest!
More importantly, at that point, we might even think of hauling you up before the very same body for rampant violations, including your refusal to grant TRIPS mandated copyright protection to our record companies, despite a WTO ruling (Irish music case) against you.</p>
<p>Yours sincerely,</p>
<p>India."</p>
</blockquote>
<p>Basheer's suggestion seems to be in line with that Michael Geist who believes that other countries should join Canada and Israel in openly refusing to acknowledge the validity of the Special 301 Reports because they lack ['reliable and objective analysis'][geist-reliable]. And that thought serves as a good coda.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/2010-special-301'>https://cis-india.org/a2k/blogs/2010-special-301</a>
</p>
No publisherpraneshDevelopmentConsumer RightsAccess to KnowledgeCopyrightPiracyAccess to MedicineIntellectual Property RightsData ProtectionFLOSSTechnological Protection MeasuresPublications2011-10-03T05:37:27ZBlog EntryExceptions and Limitations in Indian Copyright Law for Education: An Assessment
https://cis-india.org/a2k/blogs/exceptions-and-limitations
<b>This paper examines the nature of exceptions and limitations in copyright law for the purposes of the use of copyrighted materials for education. It looks at the existing national and international regime, and argues for why there is a need for greater exceptions and limitations to address the needs of developing countries. The paper contextualizes the debate by looking at the high costs of learning materials and the impediment caused to e-learning and distance education by strong copyright regimes. </b>
<p><a href="https://cis-india.org/a2k/publications/exceptions-limitations-education" class="internal-link" title="Exceptions and Limitations for Education">Dowload the pdf</a></p>
<p>Read the original article in the <a class="external-link" href="http://www.bepress.com/ldr/vol3/iss2/art7/">Law and Development Review</a></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/exceptions-and-limitations'>https://cis-india.org/a2k/blogs/exceptions-and-limitations</a>
</p>
No publisherlawrenceIntellectual Property RightsPublications2011-10-20T14:08:01ZBlog Entry