Centre for Internet and Society

CIS Intervention on Future Work of the WIPO Advisory Committee on Enforcement

pranesh — 2011-12-01T15:30:38Z

The seventh session of the World Intellectual Property Organization's Advisory Committee on Enforcement (ACE) is being held in Geneva on November 30 and December 1, 2011. Pranesh Prakash intervened during the discussion of future work of the ACE with this comment.

Thank you, Chair.

I just wanted to point out that some of the proposals on future work could be worded better to reflect their true meaning. For instance, one of the proposal calls for control of the problem of "parallel import". However, "parallel importation" is actually allowed by both the TRIPS Agreement and by various other instruments such as the Berne Convention? Indeed, calling “parallel import” a problem is like calling "exceptions and limitations" a problem. This is a view that has been firmly rejected here at WIPO, especially post the adoption of the WIPO Development Agenda. This, quite obviously, could not have been the intention of the proposal framers.

Further, the link between some of the proposals and the Development Agenda could be made clearer. It has been established that the Development Agenda is not just something for the Committee on Development and Intellectual Property (CDIP) to consider, but for all committees to make an integral part of their work.

I would also like to underscore the importance of evidence-based policy-making.

Lastly, I would like to mention that a report has already been commissioned by WIPO on intermediary liability, which was written by Prof. Lilian Edwards and was released in a side-event during SCCR 22, in June 2011.

If the ACE is going ahead with a study or an event, I would suggest that the UN Special Rapporteur on Freedom of Expression and Opinion, who in his report to the UN Human Rights Council dealt in some depth with intermediary liability, be involved or invited.

Thank you.

For more details visit https://cis-india.org/a2k/blogs/ace-7-future-work-cis-intervention

Calling Out the BSA on Its BS

pranesh — 2011-09-14T18:16:51Z

The Business Software Alliance (BSA) is trying to pull wool over government officials' eyes by equating software piracy with tax losses. Pranesh Prakash points out how that argument lacks cogency, and that tax losses would be better averted if BSA's constituent companies just decided to pay full taxes in India.

In the past we have covered the Business Software Alliance's lack of rigour in their piracy statistics, and disconnect from their constituent members when it comes to opposing free and open source software. In reaction to the criticism they have received over the years, BSA has finally stopped equating lack of sales with losses. But now, they have started equating software piracy with tax losses.

How IDC thinks tax works

In a report prepared by International Data Corporation (IDC) for the Business Software Alliance (BSA), they note:

Substantial value in form of potential industry and tax revenues is lost to software piracy: The situation in India is not healthy with a software piracy rate of 65% in 2009 (more than six out of ten PC software programs installed in 2009 were not paid for). Only one-third of the overall PC software revenues are captured by the industry incumbents and the rest are lost to software piracy. Most of the unlicensed software use occurs in otherwise legal businesses installing the programs on more PCs than allowed by the licenses they have paid for. Consequently, in 2009, the state exchequer tax receipts loss was roughly US$866 million at the current piracy and employment levels, as the industry lost its otherwise legitimate share of revenues to piracy.

For this to be true, there must be two assumptions that are satisfied. First, those who are pirating software must not spend the money that they save by doing so on any other taxable activity. Second, the companies that would get the money if the software weren't pirated must pay the Indian government taxes. As we'll see, neither of these two assumptions are warranted.

The BSA-IDC report reasons as follows: Pirates don't pay taxes on the illegal software that they sell, so that is tax evasion and consequently a tax loss. It states:

Higher demand for legal software will result in higher flow of license volume through the supply chain, resulting in increase in volume of business transactions. Each transaction adds a certain percentage of the deal or value added to the state exchequer's coffers in the form of indirect tax revenue[...] Increase in demand will also result in increased employment. Consequently, revenues from direct taxes will be increased for the government, as employees join newly created high-paying jobs.

How tax actually works

That reasoning is flawed. The majority of software piracy in India happens through two methods: violation of software licence terms by using the software on more computers than it is licensed for; and pre-loading of illegal software by computer sellers. Those 'computer seller' pirates do not sell the software separately, but bundle it with the computer as an additional service. In other words, they don't charge for it in the first place. So, quite clearly, there is no tax evasion.

Despite there being no tax evasion, there is the possibility of tax loss for the state. That would happen when instead of doing taxable activity A with with their money, they do non-taxable activity B. Putting money in special government bonds instead of spending it on software, for instance, is one such instance. However, that is a strange, unwarranted assumption. People don't always put the money that they don't spend on software into government bonds. It is a much more reasonable assumption that people would spend that money on other consumables, like food or other such tangible commodities.

Lastly, there is the unwarranted assumption that increase in demand for legal software increases employment. In fact, it is a much more reasonable assumption that increase in piracy increases employment in case of developing countries. Printing ("DTP") shops use pirated versions of Photoshop, CorelDraw and InDesign, computer education centres use pirated versions of Microsoft Windows, offices use pirated versions of Microsoft Word and Excel. If these didn't teach their employees the use of pirated software, millions of people would lose their jobs. All of these employees pay direct taxes. There is no analysis in the BSA-IDC report that accounts for this, treating all these millions of people as non-existent for purposes of their analysis.

Increasing tax: Make MNC software companies pay full taxes

Thus, there is no real tax loss to the government if the money that would have been spent on commercial software was instead spent on some other commodity. Indeed, there might even be an increase in tax collection because software companies, including leading ones such as Microsoft, are much more likely to avoid taxes than companies that deal in tangible commodities. There are well-known routes of decreasing tax liability for intangible goods such as software. Software companies normally state that they license software instead of selling it (as this suits them on issues such as customs duties), but when it comes to income tax, they try to paint the transaction as a sale of a product. (Microsoft, for instance claims that its earnings in India are 'business income' and not 'royalties' and hence is exempt under the Double Taxation Avoidance Agreement between India and the USA.) A company that deals with tangible commodities has no such 'licensing vs. sale' loop-hole that they can try to exploit. Further, many software companies are located in special economic zones that are "software exporting zones", and hence get large tax deductions.

In India, for instance, Microsoft is resisting payment of income tax for by routing all licensing to distributors in India through a shell company in Singapore and holding that Microsoft India had no income tax liabilities. Microsoft has been fined Rs. 2 crore because it tried to separate the importing of software into India from the (more valuable) granting of licences to customers and pay only nominal customs duties on the former and under-declaring the value of the latter as zero. From nine Microsoft dealers a total of Rs 255 crore was collected as tax. Of the roughly Rs. 4000 crores loss that the BSA-IDC report claims, around 6% is realizable from just a single tax (customs duties) from 9 companies dealing in the products of one company. If we multiply this by all taxes (income tax included) amongst all the dealers of all the constituent companies of BSA, then the Indian government might recover more from taxes than is supposedly lost to piracy!

Elsewhere around the globe, the 'Double Irish' arrangement, the 'Dutch Sandwich' route and other such are used by MNC software companies to evade taxes. Just as there are tax havens, there are some IPR havens that cater to companies selling/licensing software and other such intangible commodities.

If only these software companies were to stop evading taxes in the countries in which they sell software, then the government's tax collections would automatically increase.

Final idiocies, and conclusion

In the BSA-IDC report, they write: "Assessing the relationship between software piracy rates and UN Human Development Index (a measure of average achievements in a country in three basic dimensions of human development) suggests that countries with greater rates of software piracy tend to have lower levels of economic development. This further strengthens the hypothesis that IP rights (IPR) enforcement increases economic activity.".

This is as sensible as saying "countries with greater rates of industrial espionage (such as France, Germany, and USA) tend to have higher levels of economic development" strengthens the hypothesis that industrial espionage increases economic development. While it is empirically true that most countries with greater rates of software piracy have lower levels of economic development, it is equally true that countries with lower levels of economic development (being countries with poorer populations) have more software piracy. It is equally true that software piracy decreases if the cost of software decreases, as shown by the more carefully-conducted analysis in the Media Piracy in Emerging Economies report.

To use greater software piracy and lower economic development as evidence of the causal link between IPR enforcement and economic activity is to betray absolute ignorance about both economics and logic.

The startlingly poor level of analysis of the BSA-IDC report leaves no question that the conclusions were arrived at independently of the analysis. Such misleading analysis is worse than trash: it is downright dangerous as an instrument of policy setting.

To increase tax receipts, the government may as well start by making BSA's constituent companies pay all the taxes they owe.

For more details visit https://cis-india.org/a2k/blogs/calling-out-the-bsa-on-bs

Photocopying the past

sunil — 2011-09-25T20:06:50Z

There is no single correct position when it comes to intellectual property or IP. In fact, there are at least five correct positions that you could possibly adopt based on who you are — a pro-creator position, a pro-entrepreneur position, a pro-government position, a pro-consumer position and a public interest position.

Therefore, before you progress any further, dear reader, you have to first decide which of the above you are. If you are an average Indian, then you are almost certainly a consumer or a member of the general public. Next, it would only be fair for me to tell you when I am coming from: I work for a policy research organisation that focuses on protecting consumer and public interest in the digital era. Before I proceed any further, also note that not all creators prefer profits to public adulation and therefore creators’ interests are not necessarily always opposed to consumer and public interest.

At this point, popular imagination is captivated by meta-regulation, issues of corruption and transparency. Few seem interested in the configuration details of property regimes that we are all implicated in: tangible property, capital and, in our increasingly dematerialised world, intangible property such as IP or spectrum. Unfortunately the complications of spectrum, banking and IP make our eyes glaze over and there is almost zero attention being paid to the copyright act amendment to be discussed in Parliament this week.

For the government, achieving a compromise is the primary objective, and then, perhaps a distant second, raising taxes. This is not a static compromise, since each generation of new technologies precipitates a new round of negotiations between the stakeholders. So while it is easy to be Anna Hazare, it is difficult to be Kapil Sibal. An optimal compromise position as in the world of capital and tangible property protects the production, circulation and consumption of IP. A sub-optimal position results in practices that are in conflict with policy — anti-competitive behaviour or infringement.

Unfortunately when it comes to evidence-based policy-making, there is little funding for public interest IP research in India and the pockets of the lobbyists of rights-holders are deep. The funded research that they tout claims that government loses significant taxes because of piracy or non-maximalist IP policies. Yet rights-holders, especially multinationals in the software business, are experts at tax avoidance through techniques with names like the “Double Irish” and the “Dutch Sandwich”.

Like any compromise, the latest amendment is a mixed bag for consumers and the general public. With regard to “digital rights management,” — or what consumers’ advocates refer to as “digital restrictions management” — the government has yielded to the TRIPS-plus agenda even though it is not a signatory to the WIPO Internet treaties. And with regard to the exception for the disabled, the Indian exception is both disability- and works-neutral making it much more robust when compared to the treaty for the visually impaired currently being discussed at the WIPO.

However, one particular compromise — the volte-face on Section 2 (m) on parallel imports of books — is particularly distressing for book-lovers and students. As part of the latest amendment, this new section was introduced in 2009. The standing committee report gave the section a thumbs-up, but strangely it has gone missing in the latest version of the bill circulated to the MPs in preparation for the Rajya Sabha debate this Friday.

Section 2 (m) is a provision that would have saved us from the uncertainty created by what some consider flawed jurisprudence around parallel importation of copyrighted works. As the standing committee report on the copyright amendment puts it, “nobody can deny the fact that the interests of students will be best protected if they have access to the latest editions of the books.” To date, I have never met an IIT or IIM graduate untainted by photocopied books. I would claim that the lack of quality education in our country is still at the level of an epidemic. The indigenous publication industry has benefited from our progressive copyright regime.

Wouldn’t it be appropriate to afford them maximum flexibility in a future rife with technological shifts? Are all the books that you wish to read available in the libraries and book shops you have access to? Have you ever been forced to photocopy a book because of time constraints? Would you like to see greater choice via increased free-market competition, and reduced state-sanctioned monopolies and enforcement? Does your definition of human rights include the “right to education” and the the “right to entertainment”? Shouldn’t the disabled in India benefit from the $500 million spent each year making books accessible in the US? And finally, shouldn’t a nation providing leadership to the development agenda at WIPO, walk the talk at home? If your answer to any of these questions is yes, you should demand that people are placed before the profits of foreign publishers.

This article by Sunil Abraham, Executive Director, Centre for Internet and Society was published in the Indian Express on 2 September 2011 in the Indian Express. Please read the original article here.

For more details visit https://cis-india.org/a2k/blogs/photocopying-the-past

CIS Hosts Scanned Version of George Orwell’s Books vs. Cigarettes

praskrishna — 2011-12-01T13:31:39Z

Verbindingen/Jonctions (V/J), the bi-annual multidisciplinary festival organised by Constant is taking place on December 1, 2011. Amateur scanning of books often raises a lot of questions, around the issue of copyright. For this V/J13 is scanning George Orwell’s Books vs. Cigarettes. The essay is in public domain in Russia, India and South Africa, but not in Europe and America due to copyright issues. CIS is hosting the scanned pages of the essay in public domain.

During the morning session DIY-made book scanner and OCR-software will be used to transform the scans into text files and in the afternoon session the digital material generated in the morning will be remixed.

The main sessions can be followed online at the home page of VJ13

About VJ13

Verbindingen/Jonctions (V/J) is the bi-annual multidisciplinary festival organised by Constant. Since 1997, Verbindingen/Jonctions combines high, low and no-tech strategies from utopian, contemporary, traditional and tribal cultures, free software, feminism and queer theories. V/J is an occasion to explore the space between thinking and doing, and the festival is always a mix of activities. It is an occasion to invite radio makers, artists, programmers, academics, Linux users, interface designers, urban explorers, performance artists, technicians, lawyers and others to experience each other’s practice, and to share their interests with a broad public of visitors.

V/J13 has been developed in collaboration with Le P’tit Ciné, Recyclart, Hacker Space Brussels (HSB), QO2, Renovas, Boutique de Quartier and Yves Poliart, Myriam Van Imschoot, Piet Zwart Institute: Networked Media.

Download the scanned version (Zip files, 28091 kb)

For more details visit https://cis-india.org/a2k/blogs/books-vs-cigarettes

Consumers International IP Watchlist 2011 — India Report

pranesh — 2014-05-29T05:52:28Z

Pranesh Prakash prepared the India Report for the Consumers International IP Watchlist 2011. The report was published on the A2K Network website.

The report says:

India's Copyright Act is a relatively balanced instrument that recognises the interests of consumers through its broad private use exception, and by facilitating the compulsory licensing of works that would otherwise be unavailable. However, the compulsory licensing provision have not been utilized so far, because of both a lack of knowledge and more importantly because of the stringent conditions attached to them. Currently, the Indian law is also a bit out of sync with general practices as the exceptions and limitations allowed for literary, artistic and musical works are often not available with sound recordings and cinematograph films. There are numerous other such inconsistencies.

While India has not acceded to the WIPO [23] Copyright Treaty or the WIPO Performers and Phonograms Treaty, yet a set of amendments have been proposed which would bring the Indian law in compliance with both the WCT and the WPPT. These amendments would expose India's consumers to the same problems experienced in other jurisdictions which have prohibited the use of circumvention devices to gain access to legally-acquired copyright material. These amendments also propose a substantial increase in the copyright term for photographs (from 50 years to life plus 60 years), and a conditional increase of ten years for cinematograph films to 70 years if a special agreement is entered into by the producer with the director. It is true that copyright infringement, particularly in the form of physical media, is widespread in India. However this must be taken in the context that India, although fast-growing, remains one of the poorest countries in the world. Although India's knowledge and cultural productivity over the centuries and to the present day has been rich and prodigious, its citizens are economically disadvantaged as consumers of that same knowledge and culture. Indeed, most students, even in the so-called elite institutions, need to employ photocopying and other such means to be able to afford the requisite study materials. Physically challenged persons have no option but to disobey the law that does not grant them equal access to copyrighted works.

Legitimate operating systems (with the notable exception of most free and open source OSes) add a very high overhead to the purchase of cheap computers, thus driving users to pirated software. Thus, these phenomena need to be addressed not at the level of enforcement, but at the level of supply of affordable works in a suitable format.

Over the last year, the Standing Committee tasked with review of the Copyright Amendment Bill has held hearings and presented its findings and recommendations to the HRD Ministry. However, not a single consumer rights organization was called by the Standing Committee, and no civil society engagement was sought except for the issue of access for persons with disabilities. This was despite a number of civil society organizations sending in written submissions to the Standing Committee. The government is going to re-table the Bill in this session of Parliament (February-April).

Click to download the full report [PDF, 150 kb]
Read the report published by A2K Network here

For more details visit https://cis-india.org/a2k/blogs/ip-watch-list-2011

Analysis of the Copyright (Amendment) Bill 2012

pranesh — 2013-11-12T14:13:04Z

There are some welcome provisions in the Copyright (Amendment) Bill 2012, and some worrisome provisions. Pranesh Prakash examines five positive changes, four negative ones, and notes the several missed opportunities. The larger concern, though, is that many important issues have not been addressed by these amendments, and how copyright policy is made without evidence and often out of touch with contemporary realities of the digital era.

The Copyright (Amendment) Bill 2012 has been passed by both Houses of Parliament, and will become law as soon as the President gives her assent and it is published in the Gazette of India. While we celebrate the passage of some progressive amendments to the Copyright Act, 1957 — including an excellent exception for persons with disabilities — we must keep in mind that there are some regressive amendments as well. In this blog post, I will try to highlight those provisions of the amendment that have not received much public attention (unlike the issue of lyricists’ and composers’ ‘right to royalty’).

Welcome Changes

Provisions for Persons with Disabilities

India now has amongst the most progressive exception for persons with disabilities, alongside countries like Chile. Under the amendments, sections 51(1)(zb) and 31B carve out exceptions and limitations for persons with disabilities. Earlier s.52(1)(zb) dealt only with formats that were “special designed only for the use of persons suffering from visual, aural, or other disabilities”. Thanks to a campaign mounted by disability rights groups and public interest groups such as CIS, it now covers “any accessible format”. Section 52(1)(zb) allows any person to facilitate access by persons with disabilities to copyrighted works without any payment of compensation to the copyright holder, and any organization working the benefit of persons with disabilities to do so as long as it is done on a non-profit basis and with reasonable steps being taken to prevent entry of reproductions of the copyrighted work into the mainstream. Even for-profit businesses are allowed to do so if they obtain a compulsory licence on a work-by-work basis, and pay the royalties fixed by the Copyright Board. The onerousness of this provision puts its utility into question, and this won’t disappear unless the expression “work” in s.31B is read to include a class of works.

Given that the Delhi High Court has — wrongly and per incuriam, since it did not refer to s.14(a)(ii) as it was amended in 1994 — held parallel importation to be barred by the Copyright Act, it was important for Parliament to clarify that the Copyright Act in fact follows international exhaustion. Without this, even if any person can facilitate access for persons with disabilities to copyrighted works, those works are restricted to those that are circulated in India. Given that not many books are converted into accessible formats in India (not to mention the costs of doing so), and given the much larger budgets for book conversion in the developed world, this is truly restrictive.

Extension of Fair Dealing to All Works

The law earlier dealt with fair dealing rights with regard to “literary, dramatic, musical or artistic works”. Now it covers all works (except software), in effect covering sound recordings and video as well. This will help make personal copies of songs and films, to make copies for research, to use film clips in classrooms, etc.

Creative Commons, Open Licensing Get a Boost

The little-known s.21 of the Copyright Act, which deals with the right of authors to relinquish copyright, has been amended. While earlier one could only relinquish parts of one’s copyright by submitting a form to the Registrar of Copyrights, now a simple public notice suffices. Additionally, s.30 of the Act, which required licences to be in writing and signed, now only requires it to be in writing. This puts Creative Commons, the GNU Public Licence, and other open licensing models, on a much surer footing in India.

Physical Libraries Should Celebrate, Perhaps Virtual Libraries Too

Everywhere that the word “hire” occurs (except s.51, curiously), the word “commercial rental” has been substituted. This has been done, seemingly, to bring India in conformance with the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). The welcome side-effect of this is that the legality of lending by non-profit public libraries has been clarified. The amendment states:

"2(1)(fa) “commercial rental” does not include the rental, lease or lending of a lawfully acquired copy of a computer programme, sound recording, visual recording or cinematograph film for non-profit purposes by a non-profit library or non-profit educational institution."

Even after this, the overwhelming majority of the ‘video lending libraries’ that you see in Indian cities and towns continue to remain illegal.

Another welcome provision is the amended s.52(1)(n), which now allows “non-commercial public libraries” to store an electronic copy of a work if it already has a physical copy of the work. However, given that this provision says that the storage shall be “for preservation”, it seems limited. However, libraries might be able to use this — in conjunction with the fact that under s.14 of the Copyright Act lending rights of authors is limited to “commercial rental” and s.51(b) only covers lending of “infringing copies” — to argue that they can legally scan and lend electronic copies of works in the same manner that they lend physical copies. Whether this argument would succeed is unclear. Thus, India has not boldly gone where the European Commission is treading with talks of a European Digital Library Project, or where scholars in the US are headed with the Digital Public Library of America. But we might have gone there quietly. Thus, this amendment might help foster an Indian Internet Archive, or help spread the idea of the Open Library in India.

On a final note, different phrases are used to refer to libraries in the amendment. In s.2(1)(fa), it talks about "non-profit library"; in s.52(1)(n) and (o), it refers to "non-commercial public library"; and in s.52(1)(zb), it talks of "library or archives", but s.52(1)(zb) also requires that the works be made available on a "non-profit basis". The differentiation, if any, that is sought to be drawn between these is unclear.

Limited Protection to Some Internet Intermediaries

There are two new provisions, s.52(1)(b) and 52(1)(c), which provide some degree of protection to 'transient or incidental' storage of a work or performance. Section 52(1)(b) allows for "the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public", hence applying primarily to Internet Service Providers (ISPs), VPN providers, etc. Section 52(1)(c) allows for "transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy". This seems to make it applicable primarily to search engines, with other kinds of online services being covered or not covered depending on one’s interpretation of the word 'incidental'.

Compulsory Licensing Now Applies to Foreign Works Also

Sections 31 ("compulsory licence in works withheld from public") and 31A ("compulsory licence in unpublished Indian works") used to apply to Indian works. Now they apply to all works, whether Indian or not (and now s.31A is about "compulsory licence in unpublished or published works", mainly orphan works). This is a welcome amendment, making foreign works capable of being licensed compulsorily in case it is published elsewhere but withheld in India. Given how onerous our compulsory licensing sections are, especially sections 32 and 32A (which deal with translations, and with literary, scientific or artistic works), it is not a surprise that they have not been used even once. However, given the modifications to s.31 and s.31A, we might just see those starting to be used by publishers, and not just radio broadcasters.

Worrisome Changes

Term of Copyright for Photographs Nearly Doubled

The term of copyright for photographs has now gone from sixty years from publication to sixty years from the death of the photographer. This would mean that copyright in a photograph clicked today (2012) by a 20 year old who dies at the 80 will only expire on January 1, 2133. This applies not only to artistic photographs, to all photographs because copyright is an opt-out system, not an opt-in system. Quite obviously, most photoshopping is illegal under copyright law.

This has two problems. First, there was no case made out for why this term needed to be increased. No socio-economic report was commissioned on the effects of such a term increase. This clause was not even examined by the Parliamentary Standing Committee. While the WCT requires a ‘life + 50′ years term for photographs, we are not signatories to the WCT, and hence have no obligation to enforce this. We are signatories to the Berne Convention and the TRIPS Agreement, which require a copyright term of 25 years for photographs. Instead, we have gone even above the WCT requirement and provide a life + 60 years term.

The second problem is that it is easier to say when a photograph was published than to say who the photographer was and when that photographer died. Even when you are the subject of a photograph, the copyright in the photograph belongs to the photographer. Unless a photograph was made under commission or the photographer assigned copyright to you, you do not own the copyright in the photographs. (Thanks to Bipin Aspatwar, for pointing out a mistake in an earlier version, with "employment" and "commission" being treated differently.) This will most definitely harm projects like Wikipedia, and other projects that aim at archiving and making historical photographs available publicly, since it is difficult to say whether the copyright in a photograph still persists.

Cover Versions Made More Difficult: Kolaveri Di Singers Remain Criminals

The present amendments have brought about the following changes, which make it more difficult to produce cover versions:

Time period after which a cover version can be made has increased from 2 years to 5 years.
Requirement of same medium as the original. So if the original is on a cassette, the cover cannot be released on a CD.
Payment has to be made in advance, and for a minimum of 50000 copies. This can be lowered by Copyright Board having regard to unpopular dialects.
While earlier it was prohibited to mislead the public (i.e., pretend the cover was the original, or endorsed by the original artists), now cover versions are not allowed to "contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which such sound recording was incorporated".
All cover versions must state that they are cover versions.
No alterations are allowed from the original song, and alteration is qualified as ‘alteration in the literary or musical work’. So no imaginative covers in which the lyrics are changed or in which the music is reworked are allowed without the copyright owners’ permission. Only note-for-note and word-for-word covers are allowed.
Alterations were allowed if they were "reasonably necessary for the adaptation of the work" now they are only allowed if it is "technically necessary for the purpose of making of the sound recording".

This ignores present-day realities. Kolaveri Di was covered numerous times without permission, and each one of those illegal acts helped spread its popularity. The singers and producers of those unlicensed versions could be jailed under the current India Copyright Act, which allows even non-commercial copyright infringers to be put behind bars. Film producers and music companies want both the audience reach that comes from less stringent copyright laws (and things like cover versions), as well as the ability to prosecute that same behaviour at will. It is indeed ironic that T-Series, the company that broke HMV’s stranglehold over the Indian recording market thanks to cover versions, is itself one of the main movers behind ever-more stringent copyright laws.

Digital Locks Now Provided Legal Protection Without Accountability

As I have covered the issue of Technological Protection Measures (TPM) and Rights Management Information (RMI), which are ‘digital locks’ also known as Digital Rights Management (DRM), in great detail earlier, I won’t repeat the arguments at length. Very briefly:

It is unclear that anyone has been demanding the grant of legal protection to DRMs in India, and We have no obligation under any international treaties to do so. It is not clear how DRM will help authors and artists, but it is clear how it will harm users.
While the TPM and RMI provisions are much more balanced than the equivalent provisions in laws like the US’s Digital Millennium Copyright Act (DMC), that isn’t saying much. Importantly, while users are given certain rights to break the digital locks, they are helpless if they aren’t also provided the technological means of doing so. Simply put: music and movie companies have rights to place digital locks, and under some limited circumstances users have the right to break them. But if the locks are difficult to break, the users have no choice but to live with the lock, despite having a legal right.

Removal of Parallel Importation

In past blog posts I have covered why allowing parallel imports makes sense in India. And as explained above, the Delhi High Court acted per incuriam when holding that the Copyright Act does not allow parallel importation. The Copyright Act only prohibits import of infringing copies of a work, and a copy of a book that has been legally sold in a foreign country is not an “infringing copy”. The government was set to introduce a provision making it clear that parallel importation was allowed. The Parliamentary Standing Committee heard objections to this proposal from a foreign publishers’ association, but decided to recommend the retention of the clause. Still, due to pressure from a few publishing companies whose business relies on monopolies over importation of works into India, the government has decided to delete the provision. However, thankfully, the HRD Minister, Kapil Sibal, has assured both houses of Parliament that he will move a further amendment if an NCAER report he has commissioned (which will be out by August or September) recommends the introduction of parallel imports.

Expansion of Moral Rights Without Safeguards

Changes have been made to author’s moral rights (and performer’s moral rights have been introduced) but these have been made without adequate safeguards. The changes might allow the legal heir of an author, artist, etc., to object to ‘distortion, mutilation, modification, or other act’ of her ancestors work even when the ancestor might not have. By this amendment, this right continues in perpetuity, even after the original creator dies and even after the work enters into the public domain. It seems Indian policymakers had not heard of Stephen Joyce, the grandson of James Joyce, who has “brought numerous lawsuits or threats of legal action against scholars, biographers and artists attempting to quote from Joyce’s literary work or personal correspondence”. Quoting from his Wikipedia page:

In 2004, Stephen threatened legal action against the Irish government when the Rejoyce Dublin 2004 festival proposed public reading of excerpts of Ulysses on Bloomsday. In 1988 Stephen Joyce burnt a collection of letters written by Lucia Joyce, his aunt. In 1989 he forced Brenda Maddox to delete a postscript concerning Lucia from her biography Nora: The Real Life of Molly Bloom. After 1995 Stephen announced no permissions would be granted to quote from his grandfather’s work. Libraries holding letters by Joyce were unable to show them without permission. Versions of his work online were disallowed. Stephen claimed to be protecting his grandfather’s and families reputation, but would sometimes grant permission to use material in exchange for fees that were often "extortionate".

Because in countries like the UK and Canada the works of James Joyce are now in the public domain, Stephen Joyce can no longer restrict apply such conditions. However now, in India, despite James Joyce’s works being in the public domain, Stephen Joyce’s indefensible demands may well carry legal weight.

Backdoor Censorship

As noted above, the provision that safeguard Internet intermediaries (like search engines) is very limited. However, that provision has an extensive removal provision:

Provided that if the person responsible for the storage of the copy has received a written complaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refrain from facilitating such access for a period of twenty-one days or till he receives an order from the competent court refraining from facilitating access and in case no such order is received before the expiry of such period of twenty-one days, he may continue to provide the facility of such access;

There are two things to be noted here. First, that without proof (or negative consequences for false complaints) the service provider is mandated to prevent access to the copy for 21 day. Second, after the elapsing of 21 days, the service provider may 'put back' the content, but is not mandated to do so. This would allow people to file multiple frivolous complaints against any kind of material, even falsely (since there is no penalty for false compalaints), and keep some material permanently censored.

Missed Opportunities

Fair Dealing Guidelines, Criminal Provisions, Government Works, and Other Missed Opportunities

The following important changes should have been made by the government, but haven’t. While on some issues the Standing Committee has gone beyond the proposed amendments, it has not touched upon any of the following, which we believe are very important changes that are required to be made.

Criminal provisions: Our law still criminalises individual, non-commercial copyright infringement. This has now been extended to the proposal for circumvention of Technological Protection Measures and removal of Rights Management Information also.
Fair dealing guidelines: 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, but would act as a more general framework for those cases which are not covered by the specific exceptions.
Government works: 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. A simple amendment of s.52(1)(q) would suffice. The amended subsection could simply allow for “the reproduction, communication to the public, or publication of any government work” as being non-infringing uses.
Copyright terms: 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.
Educational exceptions: The exceptions for education still do not fully embrace distance and digital education.
Communication to the public: No clear definition is given of what constitute a ‘public’, and no distinction is drawn between commercial and non-commercial ‘public’ communication.
Internet intermediaries: 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. Importantly, after the terrible judgment passed by Justice Manmohan Singh of the Delhi High Court in the Super Cassettes v. Myspace case, any website hosting user-generated content is vulnerable to payment of hefty damages even if it removes content speedily on the basis of complaints.

Amendments Not Examined

For the sake of brevity, I have not examined the major changes that have been made with regard to copyright societies, lyricists and composers, and statutory licensing for broadcasters, all of which have received considerable attention by copyright experts elsewhere, nor have I examined many minor amendments.

A Note on the Parliamentary Process

Much of the discussions around the Copyright Act have been around the rights of composers and lyricists vis-à-vis producers. As this has been covered elsewhere, I won’t comment much on it, other than to say that it is quite unfortunate that the trees are lost for the forest. It is indeed a good thing that lyricists and composers are being provided additional protection against producers who are usually in a more advantageous bargaining position. This fact came out well in both houses of Parliament during the debate on the Copyright Bill.

However, the mechanism of providing this protection — by preventing assignment of “the right to receive royalties”, though the “right to receive royalties” is never mentioned as a separate right anywhere else in the Copyright Act — was not critically examined by any of the MPs who spoke. What about the unintended consequences of such an amendment? Might this not lead to new contracts where instead of lump-sums, lyricists and music composers might instead be asked to bear the risk of not earning anything at all unless the film is profitable? What about a situation where a producer asks a lyricist to first assign all rights (including royalty rights) to her heirs and then enters into a contract with those heirs? The law, unfortunately at times, revolves around words used by the legislature and not just the intent of the legislature. While one cannot predict which way the amendment will go, one would have expected better discussions around this in Parliament.

Much of the discussion (in both the Rajya Sabha and the Lok Sabha) was rhetoric about the wonders of famous Indian songwriters and music composers and the abject penury in which some not-so-famous ones live, and there was very little discussion about the actual merits of the content of the Bill in terms of how this problem will be overcome. A few MPs did deal with issues of substance. Some asked the HRD Minister tough questions about the Statement of Objects and Reasons noting that amendments have been brought about to comply with the WCT and WPPT which were “adopted … by consensus”, even though this is false as India is not a signatory to the WCT and WPPT. MP P. Rajeeve further raised the issue of parallel imports and that of there being no public demand for including TPM in the Act, but that being a reaction to the US’s flawed Special 301 reports. Many, however, spoke about issues such as the non-award of the Bharat Ratna to Bhupen Hazarika, about the need to tackle plagiarism, and how the real wealth of a country is not material wealth but intellectual wealth.

This preponderance of rhetoric over content is not new when it comes to copyright policy in India. In 1991, when an amendment was presented to increase term of copyright in all works by ten years (from expiring 50 years from the author’s death to 60 years post-mortem), the vast majority of the Parliamentarians who stood up to speak on the issue waxed eloquent about the greatness of Rabindranath Tagore (whose works were about to lapse into the public domain), and how we must protect his works. Little did they reflect that extending copyright — for all works, whether by Tagore or not — will not help ‘protect’ the great Bengali artist, but would only make his (and all) works costlier for 10 additional years. Good-quality and cheaper editions of Tagore’s works are more easily available post-2001 (when his copyright finally lapsed) than before, since companies like Rupa could produce cheap editions without seeking a licence from Visva Bharati. And last I checked Tagore’s works have not been sullied by them having passed into the public domain in 2001.

Further, one could find outright mistakes in the assertions of Parliamentarians. In both Houses, DMK MPs raised objections with regard to parallel importation being allowed in the Bill — only in the version of the Bill they were debating, parallel importation was not being allowed. One MP stated that “statutory licensing provisions like these are not found anywhere else in the world”. This is incorrect, given that there are extensive statutory licensing provision in countries like the United States, covering a variety of situations, from transmission of sound recordings over Internet radio to secondary transmission of the over-the-air programming.

Unfortunately, though that MP did not raise this issue, there is a larger problem that underlies copyright policymaking in India, and that is the fact that there is no impartial evidence gathered and no proper studies that are done before making of policies. We have no equivalent of the Hargreaves Report or the Gowers Report, or the studies by the Productivity Council in Australia or the New Zealand government study of parallel importation.

There was no economic analysis conducted of the effect of the increase in copyright term for photographs. We have evidence from elsewhere that copyright terms are already too long, and all increases in term are what economists refer to as deadweight losses. There is no justification whatsoever for increasing term of copyright for photographs, since India is not even a signatory to the WCT (which requires this term increase). In fact, we have lost precious negotiation space internationally since in bilateral trade agreements we have been asked to bring our laws in compliance with the WCT, and we have asked for other conditions in return. By unilaterally bringing ourselves in compliance with WCT, we have lost important bargaining power.

Users and Smaller Creators Left Out of Discussions

Thankfully, the Parliamentary Standing Committee went into these minutiae in greater detail. Though, as I have noted elsewhere, the Parliamentary Standing Committee did not invite any non-industry groups for deposition before it, other than the disability rights groups which had campaigned really hard. So while changes that would affect libraries were included, not a single librarian was called by the Standing Committee. Despite comments having been submitted to the Standing Committee on behalf of 22 civil society organizations, none of those organizations were asked to depose. Importantly, non-industry users of copyrighted materials — consumers, historians, teachers, students, documentary film-makers, RTI activists, independent publishers, and people like you and I — are not seen as legitimate interested parties in the copyright debate. This is amply clear from the the fact that only one MP each in the two houses of Parliament raised the issue of users’ rights at all.

Concluding Thoughts

What stands out most from this process of amendment of the copyright law, which has been going on since 2006, is how out-of-touch the law is with current cultural practices. Most instances of photoshopping are illegal. Goodbye Lolcats. Cover versions (for which payments have to be made) have to wait for five years. Goodbye Kolaveri Di. Do you own the jokes you e-mail to others, and have you taken licences for quoting older e-mails in your replies? Goodbye e-mail. The strict laws of copyright, with a limited set of exceptions, just do not fit the digital era where everything digital transaction results in a bytes being copied. We need to take a much more thoughtful approach to rationalizing copyright: introduction of general fair dealing guidelines, reduction of copyright term, decriminalization of non-commercial infringement, and other such measures. If we don’t take such measures soon, we will all have to be prepared to be treated as criminals for all our lives. Breaking copyright law shouldn’t be as easy as breathing, yet thanks to outdated laws, it is.

This was reposted in infojustice.org on May 25, 2012

For more details visit https://cis-india.org/a2k/blogs/analysis-copyright-amendment-bill-2012

CIS's Statement at SCCR 24 on the Treaty for the Visually Impaired

pranesh — 2012-07-22T12:01:28Z

This was the statement read out by Pranesh Prakash at the 24th meeting of the WIPO Standing Committee for Copyright and Related Rights in Geneva, on Friday, July 20, 2012.

Thank you, Mr. Chairman.

I would like to associate CIS with the statements made by the WBU, eIFL, IFLA, KEI, ISOC, and CLA.

We NGOs been making statements at SCCR on this the topic of a treaty for the reading-disabled since 2009 now.

In this room there are a number of organizations that work with and for persons with disabilities which come here to Geneva, SCCR after SCCR. They do not come here to watch the enactment of an elaborate ritual, but to seek solutions for the very real knowledge drought that is being faced by the reading-disabled everywhere, and particularly in developing countries.

The way work on this treaty — or rather this binding-or-non-binding international instrument — has been stalled by some member states is a matter of shame. In India our Parliament recently passed an amendment to our copyright law that grants persons with disabilities, and those who are working for them, a strong yet simply-worded right to have equal access to copyrighted works as sighted persons.

An instrument that lays down detailed guidelines on rules and procedures to be followed by authorized entities will not work. An instrument that subjects the enjoyment of fundamental freedoms by persons with visual impairments to market forces and bureaucratic practices will not work.

Importantly, an instrument that ignores realities of the world: that the vast majority of persons with visual impairment live in developing countries just will not work.

I implore the delegations here to keep up the constructive spirit I have seen most of them display in the past two days, and ensure that the 2012 General Assembly convenes a Diplomatic Conference on this topic.

For more details visit https://cis-india.org/a2k/blogs/cis-statement-sccr24-treaty-visually-impaired

CIS's Statement at SCCR 24 on Exceptions & Limitations for Libraries and Archives

pranesh — 2012-07-25T10:54:38Z

This was the statement delivered by Pranesh Prakash on Wednesday, July 25, 2012, at the 24th session of the WIPO Standing Committee on Copyrights and Related Rights on the issue of exceptions and limitations for libraries and archives.

Thank you, Mr. Chair.

We would like to associate ourselves with the statements made by International Federation of Library Associations, Electronic Information for Libraries, Knowledge Ecology International, Conseil International des Archives, Library Copyright Alliance, Computer and Communications Industry Association, and the Canadian Library Association.

The Centre for Internet and Society would like to commend this house for adopting SCCR/23/8 as a working document on the issue of exceptions and limitations on libraries and archives. This issue is of paramount interest the world over, and particularly in developing countries. I would like to limit my oral intervention to three quick points, and will send a longer statement in via e-mail.

First, we feel that this committee should pay special attention to ensuring that digital works and online libraries and archives such as the Internet Archive, also receive the same protection as brick-and-mortar libraries.

Second, we are concerned that we have been seeing some delegations advancing a very narrow interpretation of the three-step test. Such a narrow interpretation is not supported by leading academics, nor by practices of member states. A narrow interpretation of the three-step test must be squarely rejected. In particular, I would like to associate CIS with the strong statements by IFLA and KEI to maintain flexibilities within exceptions and limitations, instead of overly prescriptive provisions encumbered by weighty procedures and specifications.

We have comments about parallel trade as well, drawing from our experience and research in India, and will send those in writing.

Libraries and archive enhance the value of the copyrighted works that they preserve and provide to the general public. They do not erode it. Exceptions and limitations that help them actually help copyright holders. The sooner copyright holders try not to muzzle libraries, especially when it comes to out-of-commerce works, electronic copies of works, and in developing countries, the better it will be for them, their commercial interests, as well as the global public interest.

Thank you.

For more details visit https://cis-india.org/a2k/blogs/cis-statement-sccr24-libraries-archives

Phone Spreadsheet

jdine — 2012-10-30T05:51:04Z

A documentation of the basic components and features of the mobile devices in a spreadsheet.

For more details visit https://cis-india.org/a2k/blogs/phone-spreadsheet.xlsx

Super Cassettes v. MySpace

ujwala — 2012-10-31T10:27:36Z

The Delhi High Court’s judgment in Super Cassettes v. MySpace last July is worrying for a number of reasons. The court failed to appreciate the working of intermediaries online and disregard all pragmatic considerations involved. The consequences for free expression and particularly for file sharing by users of services online are especially unfavourable.

The judgment[*]is extremely worrying since it holds MySpace liable for copyright infringement, despite it having shown that it did not know, and could not have known, about each instance of infringement; that it removed each instance of alleged infringement upon mere complaint; that it asked Super Cassettes to submit their songs to their song identification database and Super Cassettes didn't.

This, in essence, means, that all 'social media services' in which there is even a potential for copyright infringement (such as YouTube, Facebook, Twitter, etc.) are now faced with a choice of either braving lawsuits for activities of their users that they have no control over — they can at best respond to takedown requests after the infringing material has already been put up — or to wind down their operations in India.

The Facts

Aside from social networking, MySpace facilitates the sharing of content between its users. This case concerns content (whose copyright vested in T-Series) was uploaded by users to MySpace’s website. It appears that tensions between MySpace and T-Series arose in 2007, when T-Series entered into talks with MySpace to grant it licenses in its copyrighted content, while MySpace asked instead that T-Series register with its rights management programme. Neither the license nor the registration came about, and the infringing material continued to be available on the MySpace website.

Specifically, T-Series alleged that cases for primary infringement under section 51(a)(i) of the Copyright Act as well as secondary infringement under section 51 (a) (ii) could be made out. Alleging that MySpace had infringed its copyrights and so affected its earnings in royalties, T-Series approached the Delhi High Court and filed a suit seeking injunctive relief and damages. In proceedings for interim relief while the suit was pending, the court granted an injunction, but, in an appeal by MySpace, added the qualification that the content would have to be taken down only on receipt of a specific catalogue of infringing works available on MySpace, rather than a general list of works in which T-Series held a copyright.

The Defence

While other arguments such as one around the jurisdiction of the court were also raised, the central issues are listed below:

Non-Specificity of Prayer
T-Series’ claim in the suit is for a blanket injunction on copyrighted content on the MySpace website. This imposes a clearly untenable, even impossible, burden for intermediaries to comply with.
Knowledge
MySpace argued that no liability could accrue to it on two counts. The first was that it had no actual or direct knowledge or role in the selection of the content, while the second was that no control was exercised, or was exercisable over the uploading of the content. Additionally, there was no possible means by which it could have identified the offending content and segregated it from lawful content, or monitored all of the content that it serves as a platform for.
Intermediary status and Safe Harbour Protection
In relation to its status as an intermediary, MySpace raised several arguments. First, it argued that it had immunity under section 79 of the IT Act and under the US Digital Millennium Copyright Act (US DMCA). Another argument restated what is arguably the most basic tenet of intermediary liability that merely providing the platform by which infringement could occur cannot amount to infringement. In other words, the mere act of facilitating expression over internet does not amount to infringement. It then made reference to its terms of use and its institution of safeguards (in the form of a hash filter, a rights management tool and a system of take-down–stay-down), which it argued clearly reflect an intention to discourage or else address cases of infringement as they arise. MySpace also emphasized that a US DMCA compliant procedure was in place, although T-Series countered that the notice and take down system would not mitigate the infringement.
Relationship between MySpace and its Users
Taking from previous arguments about a lack of control and its status as an intermediary, MySpace argued that it was simply a licensee of users who uploaded content. The license is limited, in that MySpace is only allowed to alter user-generated content so as to make it viewable.

Outcomes

Infringement by Facilitation
The court concluded that infringement in terms of section 51 (a) (ii) had occurred in this case, since web space is a “place” in the terms required by the section and there were monetary gains in the form of ad revenue. The argument as to a lack of knowledge of infringement was also rejected on the ground that MySpace’s provision for safeguards against infringement clearly established a reason to believe that infringement will occur. Also referenced as evidence of knowledge, or at least a reason to believe infringement would occur, is the fact that MySpace modifies the format of the content before making it available on its website. It also tested for infringement by authorization in terms of section 14 read with section 51 (a) (i), but concluded that this did not arise here.
Reading away section 79?
The court accepted the argument made by T-Series to the effect that sections 79 and 81 of the IT Act must be read together. Since section 79 would be overridden by section 81’s non-obstante, the effect would be that rights holders’ interests under the Copyright Act will erode intermediaries’ immunity under section 79.
Due Diligence
The court rejected the argument that the provision of due diligence or curative measures post-infringement would be sufficient. Specifically, the contention that the quantum of content being uploaded precludes close scrutiny, given the amount of labour that would be involved, was rejected. Content should not immediately be made available but must be subject to enquiries as to its title or to authentication of its proprietor before it is made available. In fact, it holds that, “there is no reason to axiomatically make each and every work available to the public solely because user has supplied them unless the defendants are so sure that it is not infringement.” (Paragraph 88).

There is also an attempt to distinguish the Indian framework from the DMCA. While that law calls for post-infringement measures, it is argued that in India, on reading section 51 with section 55, the focus is on preventing infringement at the threshold. In response to the case that it would be impossible to do so, the court held that since the process here requires MySpace to modify the format of content uploaded to it to make it viewable, it will have a reasonable opportunity to test for infringement.

Analysis

Accounting for the Medium of Communication

The court’s analysis of the issues begins with a predictable emphasis on how the law of copyright would operate in the context of what is termed “internet computing”, peppered with trite statements about “the virtual world of internet” creating “complexit[ies]” for copyright law. The court appears to have entered into this discussion to establish that the notion of place in section 51 (a) (ii) should extend to “web space” but the statements made here only serve to contrast starkly against its subsequent failure to account for the peculiarities of form and function of intermediaries online. Had this line of argument been taken to its logical conclusion, after the character of the medium had been appreciated, the court’s final conclusion, that MySpace is liable for copyright infringement, would have been an impossible one to arrive at.

And What of Free Speech?

As it had argued before the court, intermediaries such as MySpace have no means by which to determine whether content is illegal (whether by reason of amounting to a violation of copyright, or otherwise) until content is uploaded. In other words, there is no existing mechanism by which this determination can be made at the threshold, before posting.

The court does not engage with the larger consequences for such a scheme of penalizing intermediaries. Censoring patent illegalities at the threshold, even if that were possible is one thing. The precedent that the court creates here is quite another. Given the general difficulty in conclusively establishing whether there is an infringement at all due to the complexities in applying the exceptions contained under section 52, it should not be for ordinary private or commercial interests such as intermediaries to sit in judgment over whether content is or is not published at all. In order to minimize its own liability, the likelihood of legitimate content being censored by the intermediary prior to posting is high.

The consequences for civil liberties, and free speech and expression online in particular, appear to have been completely ignored in favour of rights holders’ commercial interests.

Consequences for Intermediary Liability and Safe Harbour Protection

Even if every instance in question did amount to an infringement of copyright and a mechanism did exist allowing for removal of content, the effect of this judgment is to create a strict liability regime for intermediaries.

In other words, the court’s ruling will have the effect that courts’ determination of intermediaries’ liability will become detached from whether or not any fault can be attributed to them. MySpace did make this argument, even going as far as to suggest that doing so would impose strict liability on intermediaries. This would lead to an unprecedented and entirely unjustifiable result. In spite the fact that a given intermediary did apply all available means to prevent the publication of potentially infringing content, it would remain potentially liable for any illegality in the content, even though the illegality could not have been detected or addressed.

What is perhaps even more worrying is that MySpace’s attempt at proactively and in good faith preventing copyright infringement through its terms of use and in addressing them through its post-infringement measures was explicitly cited as evidence of knowledge of and control over the uploading of copyrighted material, at the threshold rather than ex post. This creates perverse incentives for the intermediary to ignore infringement, to the detriment of rights holders, rather than act proactively to minimize its incidence.

A final observation is that the court’s use, while pronouncing on relief, of the fact that MySpace makes a “copy” of the uploaded content by converting it into a format that could subsequently be hosted on the site and made accessible to show evidence of infringement and impose liability upon MySpace in itself is a glaring instance of the disingenuous reasoning the court employs throughout the case. There is another problem with the amended section 79, which waives immunity where the intermediary “modifies” material. That term is vague and overreaches, as it does here: altering formats to make content compatible with a given platform is not comparable to choices as to the content of speech or expression, but the reading is tenable under section 79 as it stands.

The result of all of this is to dislodge the section 79 immunity that accrues to intermediaries and replace that with a presumption that they are liable, rather than not, for any illegality in the content that they passively host.

Effect of the Copyright (Amendment) Act, 2012

Since the judgment in the MySpace case, the Copyright Act has been amended to include some provisions that would bear on online service providers and on intermediaries’ liability for hosting infringing content, in particular. Section 52 (1) (b) of the amended Act provides that “transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public” would not infringe copyright. The other material provision is section 52 (1) (c) which provides that “transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy” will not constitute an infringement of copyright. The latter provision appears to institute a rather rudimentary, and very arguably incomplete, system of notice and takedown by way of a proviso. This requires intermediaries to takedown content on written complaint from copyright owners for a period of 21 days or until a competent rules on the matter whichever is sooner, and restore access to the content once that time period lapses, if there is no court order to sustain it beyond that period.

This post does not account for the effect that these provisions could have had on the case, but it is already clear, from the sloppy drafting of section 52 (1) (c) and its proviso that they are not entirely salutary even at the outset. At any rate, there appears to be nothing that *determinatively* affects intermediaries’ secondary liability, i.e., their liability for users’ infringing acts.

Disclosure: CIS is now a party to these proceedings at the Delhi High Court. This is a purely academic critique, and should not be seen to have any prejudice to the arguments we will make there.

[*]. Super Cassettes Industries Ltd. v. MySpace Inc. and Another, on 29 July, 2011, Indian Kanoon - Search engine for Indian Law. See http://bit.ly/quj6JW, last accessed on October 31, 2012.

For more details visit https://cis-india.org/a2k/blogs/super-cassettes-v-my-space

ICOMM2012: International Communications and Electronics Fair

jdine — 2012-12-04T06:37:05Z

The seventh India International Communications and Electronics Fair (ICOMM2012) organized by CMAI Association of India was held at the NSIC Expo Grounds in New Delhi from September 14 to 15, 2012. Jadine Lannon attended the event, and shares us with some interesting and exciting new developments in ICT.

For the last seven years, the ICOMM event has been conducted by the Communication Multimedia Applications Infrastructure (CMAI) Association of India.[1] Since its first installment in 2006, ICOMM has grown to be a significant international tradeshow that showcases the latest products and technologies from a wide array of Asian mobile, tablets and consumer electronics manufacturers. Over the years, the event has also grown to include various participants from related industries, like service providers, application and software designers, and producers of equipment, components, parts and accessories.

While past ICOMM events had a strict B2B (business to business) structure, ICOMM2012 was the first year that the tradeshow was open to the public, making it India’s first consumer mobile and tablet exhibition. This B2B/C2B strategy appeared to be largely successful—the event received a high amount of traffic, especially from young people, and plans for the 8th ICOMM in 2013 involve an increase in event scale through integration with the India Telecom 2013 tradeshow.[2]

The main themes of ICOMM2012 were mobiles, tablets, and consumer electronics, though applications, accessories, and various related technologies and industries were also featured. The event hosted a large diversity of participants, from leading Indian brands like Micromax, Lava International, Karbonn and Maxx Mobile to smaller Indian and international brands such as GlobyTalky, Skymobiles, Gionee, Ivio, Belphone and Signal. A huge array of devices and innovations were featured at ICOMM2012, many of which are still prototypes. Here are some of the innovations and booths that caught my eye:

	Datawind Ltd. occupied a popular booth with the release of four new 7-inch UbiSlate tablets[3] UbiSlate 7Ci, 7C+, 7Ri and 7R+. These sophisticated Android devices function as both tablets and smartphones, support WiFi and GPRS connections, and are the only Android devices on the Indian market to feature Datawind’sUbiSurfer browser. The UbiSlate 7+ devices can now be pre-ordered for between Rs. 3,499 and Rs. 4,799. I was able to interview Mr. Jasjit Singh, the Executive Vice President of Datawind, on the UbiSlate tablets. A link to this interview will be provided in the near future. ICOMM2012 actually saw the launch of fair number of new devices onto the Indian market. One of the most prominent launches was SMSInfosys’[4] new product line of mobile, tablet, and computer devices under the brand GlobyTalky.[5] This “GlobyTalky” brand originally began as a mobile application called “GlobyTalky – Connected Life”, a multi-platform RCSe application that boasts multiple communication and sharing features. The application, brand and devices are the brainchildren of Imtiaz Ahmed, the founder of SMSInfosys.

Datawind Ltd. occupied a popular booth with the release of four new 7-inch UbiSlate tablets[3] UbiSlate 7Ci, 7C+, 7Ri and 7R+. These sophisticated Android devices function as both tablets and smartphones, support WiFi and GPRS connections, and are the only Android devices on the Indian market to feature Datawind’sUbiSurfer browser. The UbiSlate 7+ devices can now be pre-ordered for between Rs. 3,499 and Rs. 4,799.

I was able to interview Mr. Jasjit Singh, the Executive Vice President of Datawind, on the UbiSlate tablets. A link to this interview will be provided in the near future.

ICOMM2012 actually saw the launch of fair number of new devices onto the Indian market. One of the most prominent launches was SMSInfosys’[4] new product line of mobile, tablet, and computer devices under the brand GlobyTalky.[5] This “GlobyTalky” brand originally began as a mobile application called “GlobyTalky – Connected Life”, a multi-platform RCSe application that boasts multiple communication and sharing features. The application, brand and devices are the brainchildren of Imtiaz Ahmed, the founder of SMSInfosys.

The GlobyTalky launch was distinguished by the wide array of devices that were released. The brand features a good selection of feature phones, smartphones and tablets, as well as two laptops (I was unable to get a picture of the laptops). Each of the GlobyTalky mobile and tablet devices feature the GlobyTalky – Connected Life application. Two phones are of particular interest in the photo below—the thin light blue phone with the long blue strap and the dark blue candy bar-style phone on the right.


The light blue phone is about the size of a credit card and 5.6 mm thick. It was advertised as a “back-up” phone that one could keep in their wallet and use when their main phone failed, and was priced at Rs. 1000-1200. The dark blue phone, called the G-Aqua, is completely waterproof—it can function perfectly while submerged in water, and can survive submersion of up to 1.5 meters without taking any damage. It can even receive calls, play music, and take pictures while underwater. It can be seen again in white in the picture below.


According to Mr. Ahmed, 60 per cent of the mobile devices that are brought into services centers in India have water damage, which is what motivated him to create a completely waterproof phone for the Indian market. He estimates that it will be priced between Rs. 4,200 and Rs. 4,500.

GlobyTalky was not the only participant that showcased a waterproof phone, though. IVIO, a mobile brand owned by the Indonesian company PT. Intersys, was also giving demonstrations on their waterproof smartphone, the DG68. With its sleek design, 4.1-inch high-resolution screen, 3G and Wifi capabilities, capacitate touch and Android 4.0 OS, the DG68 is a much more sophisticated phone than the G-Aqua. However, IVIO has yet to release any of its devices onto the Indian market, and the DG68 is still a prototype.

The ShenZhen BLEPHONE Technology Co., Ltd., the company that owns the popular mobile brands Lesun and Lephone (the latter of which is available on the Indian market), also had a popular booth. Aside from their large presentation of feature phones and smartphones, BLEPHONE also showcased some interesting innovations and accessories. In particular, I was quite impressed by their Lephone mobile USB charging devices, called the CooMax, and their Lesun digital recorder-cum-mobile phone, the Gift I.

ICOMM2012 was a hugely successful exhibition. Aside from showcasing many of the most interesting and significant innovations and actors in the Asian ICT sectors, and possibly the wider world, the event was able to attract more than 21,500 delegates over a two-day period.[6] Further, according to NK Goyal, the president of the CMAI Association of India, the fair was able to generate business leads worth USD 154 million.[7] I highly encourage anyone interested in the exciting and ever-changing world of ICT to attend ICOMM2013, as it is sure to continue to grow and attract more and more exciting and fascinating technologies and devices.

Given below is a gallery of the photos taken at the event and of various other booths and devices.

[1]. The CMAI Association of India is a prominent trade association that works to promote growth in the Indian IT and telecom sector domestically and internationally through activities such as investing in industry services and promotion, education, training and market research. Through consultation, events, advocacy, research and promotion, the CMAI now boasts a substantial amount of members and international partners, as well as multiple international offices. More information can be found on the CMAI Association of India at http://www.cmai.asia/association.php
[2]. See: “7th ICOMM 2012 Held Successfully.” EFYTimes.com, EFY Enterprises Pvt. Ltd., September 17th, 2012, http://www.efytimes.com/e1/fullnews.asp?edid=90770. Last accessed on October 30th, 2012.
[3]. The UbiSlate tablet is the commercial version of Datawind Ltd.’s Aakask tablet, a high-functioning low-cost tablet device that was developed in collaboration with the Indian government as part of the country’s endeavor to supply Indian college and university students with a low-cost computer device. This project was part of the government’s aim to provide an e-learning service to 25,000 colleges and 500 universities across India (this figure was retrieved from http://www.bbc.co.uk/news/world-south-asia-10740817). More data on this device can be found at: http://www.akashtablet.com/
[4]. SMSInfosys is a mobile phone testing company with offices in India, Hong Kong and China. They perform quality assurance/quality control inspection, certification verification and IMEI services to mobile phone producers. More information about the company can be found here: http://smsinfosys.com/
[5]. More information on this brand and product line can be found here: http://globytalky.com/
[6].See: “7th ICOMM 2012 Held Successfully.” EFYTimes.com, EFY Enterprises Pvt. Ltd., September 17th, 2012, http://www.efytimes.com/e1/fullnews.asp?edid=90770. Last accessed on October 30th, 2012.
[7]. See: “7th ICOMM 2012 Held Successfully.” EFYTimes.com, EFY Enterprises Pvt. Ltd., September 17th, 2012, http://www.efytimes.com/e1/fullnews.asp?edid=90770. Last accessed on October 30th, 2012.

For more details visit https://cis-india.org/a2k/blogs/icomm-2012-report

Transcripts of Discussions at WIPO SCCR 25

smita — 2012-12-05T00:58:55Z

We are providing archival copies of the transcripts of the 25th session of the WIPO Standing Committee on Copyright and Related Rights, which is being held in Geneva from November 19, 2012 to November 23, 2012.

This is an unedited rough transcript of the discussions at SCCR 25 which is live-streamed and made available by WIPO at http://www.streamtext.net/player/carttranscript?Event=WIPO and http://www.streamtext.net/player?event=WIPO. We are hosting the live-streamed text for archival purposes:

WIPO SCCR 25 Day 1, November 19, 2012 (Full Text)
WIPO SCCR 25 Day 2, November 20, 2012 (Full Text)
WIPO SCCR 25 Day 3, November 21, 2012 (Full Text)
WIPO SCCR 25 Day 4, November 22, 2012 (Full Text)
WIPO SCCR 25 Day 5, November 23, 2012 (Full Text)

For more details visit https://cis-india.org/a2k/blogs/wipo-sccr25-discussions-transcripts

Pervasive Mobile Technologies: Meet Our Mobile Devices!

jdine — 2012-12-21T07:48:40Z

As a part of the Pervasive Technologies: Access to Knowledge in the Marketplace research project, the Centre for Internet & Society (CIS) is researching 12 mobile phone devices to generate a better understanding of the intellectual property (IP) implications of pervasive mobile technologies available in the Indian market. This post is an introduction to our 12 mobile phones.

As detailed in my introductory blog on Pervasive Technologies: Access to Knowledge in the Marketplace Research Initiative, CIS will be conducting research on mobile technologies as a small off-shoot of the overall project. Pervasive technologies that can be purchased for less than USD 100 play an integral role in bringing access to knowledge to those that routinely face barriers to the consumption of information. However, their legality, particularly in terms of their use of IP, is unclear. In order to better understand the legal environment in which these technologies exist, CIS purchased 12 mobile phones to study the patent implications of their hardware, software and content.

Through examination, research, interviews and consultancies, we hope to create an in-depth documentation of each device, an extensive database or account of the patents implicated, and a number of narrower research avenues on topics related to IP, patents, and mobile technologies.

This blog post will serve as a brief introduction to our mobile devices. The information that I have compiled was discovered through shallow interaction with the phones — turning a device on and exploring the interface and content — which is why the documentation is not particularly extensive at this point. I have had difficulty identifying certain features of some of the phones, like which media formats they support or whether or not they are EDGE[2] — enable, but I am confident that I will be able to ascertain these specifications in the near future; however, certain features, like what OS (operating system) they run on and what chip set they are using, will require collaboration with experts to identify. The exploration is on-going, and more information will be posted as it is discovered.

Aside from all of the usual functions of a mobile phone (making calls, receiving calls, saving numbers, etc.), each of our mobiles devices possess what I have termed the "basics": dual GSM SIM capabilities with dual standby, the ability to connect to 2G networks, GPRS, a WAP browser (except device 011), bluetooth capabilities, a microSD slot, a dual camera (a camera that takes still photos and records video), an FM radio receiver and the ability to play .mp3 audio files and .mp4 video files, record audio and view .jpg images. Each phone also has a handful of various "utilities" and "extras" applications (such as an alarm, a calculator, a calendar, etc.) as well as at least one game. The full specifications of each phone will be provided in the near future, along with further pictures of each device.

As much of the research in this project pertains to the IP implications of the devices, we have decided to withhold the make and model of each device to shield the producers from any negative repercussions that could be the result of our research inquiries. They have been assigned the numeric code names 001 to 012.

Without further ado, I'd like to introduce you to our mobile phones:

001 - The Classroom in a Box

Price: Rs. 6,300.00 / $113.00

KEY FEATURES

Pico-Projector
Analog TV Receiver
MS Office Document Viewer


This bar-design feature phone has all of the basics with a few added bonuses: an analog TV receiver, viewer, and a built-in pico-projector that projects the mobile's screen onto any surface. Though this phone does not technically fall into our definition of pervasive technologies because of its price, it was the first mobile phone with a built-in pico-projector as well as an analog TV receiver available on the Indian market for less than Rs. 10,000 when it was purchased more than a year ago. Since then, other sub-USD100 pico-projector mobile devices have made an appearance on the Indian market, but each of those devices appear to have been discontinued and 001 continues to be the cheapest pico-projector mobile phone available for purchase.

002 - The Supercharger

Price: Rs. 2,499.00 / $45.00

KEY FEATURES

Solar Panel
Hindi Keyboard

	002 is a sleek candybar feature phone with a particularly interesting innovation. While it uses a standard lithium-ion battery that can be recharged via connection to a wall socket or electrical device (such as a laptop), it also has a built-in solar panel that can generate some charge as well. The solar panel technology is not yet very efficient—the panel would have to be placed in direct sunlight for multiple hours to fully charge the battery—but it represents an important step towards untethering mobile phones and mobile phone users from costly electricity infrastructure, a development that would have significant implications for rural populations who have unreliable access to electricity.

003 - The Networker

Price: Rs. 1,250.00 / $22.00

KEY FEATURES

Wi-Fi
Optical Trackpad
Secondary Forward-facing Camera
Support for 8 Languages


With a boxy, QWERTY-keyboard design and relatively small screen, 003 does not appear, at first glance, to be anymore than an average feature phone — but appearances can be deceiving. With a highly responsive optical trackpad, an analog TV receiver, BlackBerry-esque interface and WiFi capabilities, this mobile device packs some sophisticated technologies and features. Further, it is the only phone in our collection that can connect to the internet using WLAN networks. Considering that some of the other devices are much more complex — and expensive — than 003, the wide-spread exclusion of WiFi capabilities in our collection is intriguing. Is the choice to include or exclude mobile technology a matter of economics? Are cellular WiFi components expensive, and producers are choosing to exclude WiFi as a method of cutting costs? Is it simply a response to patterns of consumer demand? The WiFi questions will be explored in more depth in up-coming blog posts.

004 - The Linguist

Price: Rs. 2,250.00 / $40.00

KEY FEATURES

Android-like OS
Support for 14 Languages
Secondary Forward-facing Camera
Large Number of Pre-loaded Apps


Though it may be hard to believe at first glance, this mobile device was purchased for less than Rs. 2500. With its large internal memory, support for 14 different languages (including Tamil, Bengali and Hindi), and its large array of pre-loaded games and social media applications already set it apart from the less sophisticated mobiles in our collection, 004 also runs on a mysterious Android-like operating system similar to the popular MIUI Android ROM developed by the Chinese-based company Xiaomi Tech. This give it a very sophisticated interface with the look and feel of a smartphone, though the device itself lacks many of the capabilities that are often considered as smartphone criteria (GPS, high-speed internet access, push/pull email, Wi-Fi, an app store, etc.). Because this device, and others like it in our collection, have more sophisticated hardware, software and content than a generic feature phone, but are not as capable as a smartphone, I have taken to calling these devices "semi-smart".

005 - TV on the Go

Price: Rs. 1,450.00 / $26.00

KEY FEATURES

Analog TV receiver
Arabic Keyboard
Secondary Forward-facing Camera


Though it doesn't have any particular innovation that sets it apart from the other devices, 005 is a hardy QWERTY-design feature phone with all of the basics as well as a good collection of social media applications and an analog TV receiver. Though its keyboard can be programmed to write in English, Tamil, Arabic and Hindi script, the buttons have the Arabic abjad on them, which brings up the question of which market this mobile was originally designed for.

006 - The Spy

Price: Rs. 1,680.00 / $30.00

KEY FEATURES:

Secondary “Spy” Camera
Ability to behave as a modem via USB connection

	006 is an interesting candy bar feature phone. On initial examination, this mobile appears to be a completely generic feature phones with all of the basics, but nothing auxiliary. However, a more careful inspection will reveal a secondary camera with an unusual placement — instead of being place at the top of the screen like all of the other secondary cameras found on our devices, this camera is situated on the right hand side of the phone.

The manufacturer of this device actually refers to this secondary camera as a "spy" camera, and it is truly an appropriate name; from a distance, it looks more like a headphone jack than a camera, and its placement allows for photo and video to be taken without any suspicious movement or positioning by the user. The secondary camera has 1.3 megapixels and can take relatively high resolution photos and videos.

007 - The Semi-Smartphone

Price: Rs. 2,150.00 / $39.00

KEY FEATURES

Android-like OS (maybe MIUI)
USB Tethering
Push Email


Device 007 is a semi-smart touchscreen phone, and by far the most sophisticated device in our collection. We believe that it uses MIUI OS, which gives it a very similar look to Android and a functionality that is reminiscent of iOSx. While it doesn't have an app store, 007 is jam-packed with pre-loaded applications and can support a wide variety of file formats. Further, while the phone cannot connect to WLAN networks on its own; it can connect to WiFi by tethering to a networked device via USB connection.

008 - The Trendy

Price: Rs. 2,350.00 / $42.00

KEY FEATURES

Android-like OS
Support for 9 languages


Another mainstream look-alike, 008 runs the same unidentified OS as device 004 and has similar capabilities. Its plastic casing is a bit flimsy, but its "back", "home" and "list" buttons are touch sensitive. Its sophisticated OS and pre-loaded applications make it a semi-smart device.

009 - The Boombox

Price: Rs. 1,420.00 / $26.00

KEY FEATURES

Huge built-in speaker
Android-like OS

	Though it is less recognizable than some of the other devices, this mobile may have one of the significant smartphone qualifiers that our other devices lack: an app store — or what appears to be an app store. The app store icon itself is actually the icon for the Android app store, but the interface is completely different, and the only thing available for download is a handful of games. Interestingly enough, many of these games also make appearances on some of the other mobile devices (like fishing joy and tear clothes). Further, I would not call this phone semi-smart, as its interface is not particularly any more sophisticated than some of the other feature phones in our collection.

009 also features a large built-in speaker, the Opera Mini mobile browser and an Android-like OS, though this OS is less sophisticated than that of 004 and 008.

010 - 3D

Price: Rs. 1,440.00 / $26.00

KEY FEATURES

Android-like OS
Pre-loaded Stereoscopic (3D) videos
Support for 13 languages


This semi-smart touchscreen phone also has an Android-like operating system. Though it lacks an app store and push-email, it comes pre-loaded with a veritable smorgasbord of games and social media applications and supports 13 different languages. It also comes with a pair of 3D glasses and two short, very basic pre-loaded stereoscopic videos.

011 - The Mighty Mini

Price: Rs. 750.00 / $14.00

KEY FEATURES

Dual GSM SIM support
Best bang-for-your-buck for a basic mobile phone


At Rs. 750, this little feature phone was the least expensive phone we could find that still had almost all of the basics. Even without any extra features, it is still almost Rs. 200 cheaper than the majority of the most basic GSM dual SIM mobiles available on the formal Indian market[3]— and, in most cases, 011 has more capabilities than most of those devices. With .mp3 and .mp4 file playback, a dual camera, colour display, a WAP browser, MMS messaging support, two charging ports and Urdu and Hindi language support, this mobile phone personifies affordable accessibility to knowledge and media.

012 - The Pianist

Price: Rs. 1,550.00 / $28.00

KEY FEATURES

Touch piano
Two charging ports
Support for a multitude of audio, video and image formats

	012 is a basic candy bar feature phone with a particularly novel innovation: a touch piano. It is quite sensitive to touch and has a one octave range.

013 - The Indian Experience

Price: Rs. 2,100.00 / $38.00

KEY FEATURES

India specific content
Proprietary App Store

	This little touchscreen mobile is chockfull of “Indian-specific” content, including an application that links directly to an online portal where consumers can download “Hungama” videos, music and movies onto the phone—for a price. Many of the games also charge a monthly user fee, though interestingly enough, Angry Birds and Talking Tom Cat are pre-loaded and free to play. This phone also has a proprietary app store with a limited amount of mBounce4] applications and games available for purchase. I am not yet sure if this app store can be remotely updated with new apps, but the device can receive data vis USB connection, so it is possible that new applications can be added through direct file transfer. It also has keyboard support for English, Hindi and Tamil, but the interface cannot be set it appear in anything other than English.

[2]. Enhanced Data rates for GSM Evolution, also known as Enchanced GPRS (EGPRS) is a mobile phone technology that also improved data transmission on GSM networks. It is considered a pre-3G radio technology. Read more about it here: https://en.wikipedia.org/wiki/Enhanced_Data_Rates_for_GSM_Evolution
[3]. Information retrieved from www.flipkart.com. The prices shown here have been verified as being the same or very similar (though never more expensive) to the prices offered by each brand's official distributors. See Flipkart search links:

Mircomax: http://bit.ly/UW3q0U

Spice Mobility: http://bit.ly/V0DK9i

Karbonn: http://bit.ly/10DKKbz

Lava: http://bit.ly/TSxUzQ

[4] mBounce Ltd is a Hong Kong-based company that performs a variety of mobile phone application support services like proprietary in-house billing infrastructure for app stores, the pre-loading of applications and app stores, and application creation. They are MediaTek-nominated key partner in providing MRE (Maui Runtime Environment) App Store Solutions, but mBounce applications and software can also be placed on other mobile operating systems. You can read more about mBounce here: http://www.mbounce.com/?lang=eng&module=ltrbox&menu=m1&content=home and here: http://developer.mediatek.com/mre/en/partner/335

For more details visit https://cis-india.org/a2k/blogs/pervasive-mobile-technologies-meet-our-grey-market-devices

Exploring the Internals of Mobile Devices — Report from a One-day Workshop at TERI

jdine — 2012-12-01T05:57:53Z

On October 27, 2012, the Centre for Internet & Society (CIS) organised a one-day workshop on exploring the internals of mobile technologies at the TERI Southern Regional Centre in Bangalore. The workshop received more than 140 registrants, of which approximately 40 attended. In this post, Jadine Lannon explores the discussions and the developments that took place at the workshop.

The event brought together professional and non-professional individuals and communities interested in exploring mobile technologies. The aim of the workshop was the provide participants with the knowledge and tools to better understand the internals of mobile technologies as well as familiarize the attendees with CIS's "Pervasive Technologies" research project.

Anil Kumar Pugalia, Sudar Muthu and Pankaj Bharadiya were the expert speakers. The event was supported by the well-established online security, hardware and software domain communities NULL, SecurityXploaded, Computer Club India and Bangalore Android User Group.

Sudar Muthu: Capabilities of Arduino

Capabilities of Arduino (including Due) from Sudar Muthu	Sudar Muthu began the workshop with a talk on the capabilities of Arduino and the ways in which Arduino can be used to interface with different external devices. He discussed with us different types of Arduino, the technical specifications of Arduino, the ways that Arduino can be used to interface with external boards and the interfacing that he has been able to accomplish using Arduino and various devices. The slides from his Powerpoint presentation are viewable on the left.

Anil Kumar Pugalia: Mobile Hacking using Linux Drivers

Anil Kumar Pugalia followed Sudar's presentation with an exploration of methods of mobile hacking using Linux drivers. He discussed various Linux kernel hacking techniques as well as tools that can be used to perform reverse-engineering on a mobile device. The slides from Anil's presentation can be accessed on the right.	Mobile Hacking using Linux Drivers from Anil Kumar Pugalia

The following two talks were delivered by Pankaj Bharadiya from Texas Instruments. In his first presentation, he explored hardware hacking and board/chips capabilities. His second talk was on porting open software on hardware. In addition to his discussions, he also covered porting Android on open hardware. The slides from his presentations will be posted shortly.

After all the presentations, the participants were invited to handle and open up the 12 mobile devices that CIS purchased for our Pervasive Mobile Technologies research project. The participants worked in teams of two to five members to open up the mobile devices and observe their internals. We asked the participants to record any information about the internals of the mobiles that they were able to find, including the make, model, and serial numbers of the components. Pictures from this part of the workshop will be posted shortly.

All of the collected information was recorded and distributed among the participants so that the group could continue to work on identifying the mobile internals and the various data sheets associated with each component. This data will be added to the specifications of each mobile device as it is collected. CIS hopes to continue to collaborate with the individuals and communities who participated in this workshop as well as other interested individuals who may have been unable to attend the one-day workshop to proceed with this process of identification. We also hope to hold a second event, a one- to two-day hackathon, sometime in December to continue the exploration of our mobile devices.

CIS would like to thank Anil Kumar Pagalia, Sudar Muthu, Pankaj Bharadiya, Khasim Syed Mohammed, Akash Mahajan (NULL representative), Amit Malik (SecurityXploaded representative), the NULL, SecurityXploaded, Bangalore Android User Group and Computer Club India communities, and all of the participants for making the workshop a huge success and aiding us in our ongoing research project!

You can reach participating communities at following links:

For any further information on the past workshop or future events, please connect with us:

Jadine Lannon (jadine@cis-india.org), research intern for the A2K programme
Amarjit Singh (amarjitlife@gmail.com), the Workshop Manager.

Click below for a slideshow of the pictures from the workshop:

Photos

For more details visit https://cis-india.org/a2k/blogs/exploring-the-internals-of-mobile-devices

Comments on the Science, Technology and Innovation Policy (Draft)

snehashish — 2012-12-01T15:36:38Z

The Department of Science and Technology invited public comments on the Science, Technology and Innovation Policy (Draft). Accordingly, the Centre for Internet and Society has made the following comments on the draft policy document.

Department of Science and Technology,
Ministry of Science and Technology,
Government of India

Subject: Comments on the Science, Technology and Innovation Policy (Draft)

Dear Sir/Madam,

We at the Centre for Internet and Society commend the drafting of the Science, Technology and Innovation Policy 2013 (Draft). It is a well rounded policy which will pave the way for further informed policy decisions on innovation and research and development in the country.

Few of the notable and welcome policy statements are:

The Policy aims at ‘inclusive innovation’ and takes into consideration the “need to ensure access, availability and affordability of solutions to as large a population as possible”. It also aims at building a conducive environment for research and development by modifying the IPR policy to include marching rights with respect to social goods funded by public. This in line with the aim of the policy to provide access new technologies. The use of government funding in commercially viable research would not only assure better access to medicine and other technological innovations but also ensure knowledge transfer.

The policy decision to "foster data sharing and access" is most welcome and will act as a catalyst for further research and development through open and collaborative research and development.

Policy also lays emphasis on open source discoveries for "public and social good" and it is indeed a pleasure to note that the Policy wishes to build knowledge commons by collaborative generation of IPR. This will definitely go a long way in encouraging further innovation in the country.

It is also appreciated that the policy will aim at "increasing accessibility, availability and affordability of innovations" and will establish a fund for innovation in this direction.

The Policy also states that the "people" and "decision makers" should be made aware of the implications of emerging technologies, including their ethical, social and economic dimensions. Implementation of such policy is a necessity and will enable the government to make informed policy decisions in the future.

Suggestion:

It is submitted that the policy document should take into account that in order ensure ‘inclusive innovation’ and accessibility, the policy should specifically include mandates to encourage and foster innovation in technology related to accessibility tools for persons with disabilities.www.dst.gov.in/sti-policy.pdf

For more details visit https://cis-india.org/a2k/blogs/comments-on-science-technology-and-innovation-policy-draft