The Centre for Internet and Society
https://cis-india.org
These are the search results for the query, showing results 1 to 15.
Twists and turns of the SOPA opera
https://cis-india.org/news/twists-and-turns-of-the-sopa-opera
<b>Proposed DNS filtering threatens the core protocol on which the Internet's universality depends, writes Deepa Kurup in this article published in the Hindu on 15 January 2012. Sunil Abraham is quoted in this.</b>
<p>As the debate over piracy and copyright infringement on the web hots up in the United States, with the Government seeking to clamp down on intellectual property rights violations online, Internet majors Reddit, Wikipedia and others are planning a complete “Internet blackout” of their services for 12 hours on January 18.</p>
<p>This is in protest against the Stop Online Piracy Act (SOPA), introduced in the House of Representatives last year, and a related legislation in the U.S. Senate, the Protect IP Act.</p>
<p>The way the debate is playing out pits the large media corporations — movie houses, record companies and other IP holders — against ‘Internet users', backed by powerful Internet intermediaries such as Google and Yahoo!, who also stand to lose in a clampdown on websites and services that host content that violates U.S. copyright laws. </p>
<h3>Global Relevance</h3>
<p>Significantly, the proposed law, backed by big business interests, equips the U.S. Government to act against any website hosting content that it believes infringes copyright, even if hosted overseas. This makes SOPA relevant, globally.</p>
<p>The proposed action could involve domain name system (DNS) filtering or blocking, directing advertisement providers and web payment services to stop doing business with the host and preventing search engines from linking to the site. Penalties for simply streaming copyrighted content, such as movies, personal recordings of television shows or even a clipping of your favourite pop song, could be up to five years.</p>
<p>On the technology side, experts have argued that the proposal to allow DNS filtering (or blocking) can potentially weaken and destabilise the Internet. DNS servers convert every request made in a human-friendly languageto an IP address that computers and networks understand. Now what SOPA proposes is that at this DNS server level, when a request is made for “rogue sites”, it is redirected.</p>
<p>Technically, experts believe that this will have huge implications of the stability of the internet. A whitepaper titled ‘Technical concerns raised by DNS filtering requirements', authored by technology experts, claims that while this will promote more techniques to circumvent the DNS, it threatens “the ability of DNS to provide universal naming, a primary source of the Internet's values as a single, unified, global communications network.”</p>
<p>The DNS is a protocol that allows for universality, which lies at the core of the internet, enabling it to grow and become the important, borderless medium it is today. Further, such blocking would make it tough to distinguish between a resolution failure and a request from a hacked server, creating security concerns. It would also be counterproductive to existing Internet security protocols. </p>
<h3>A Firewall</h3>
<p>While opponents of the Bill have attacked it as an attempt to create a “firewall” — akin to or even worse than the infamous one that China has for its citizens — they point out that it is at stark odds with the oft-repeated stance of the U.S. on “Internet openness”. </p>
<p>Companies in the business of providing web services are, understandably, against the law as it allows the Government to block access to any intermediaries that facilitate or host any material that infringe on copyrights. This affects every service that hosts user-generated content.</p>
<p>In an advertisement published in The New York Times, nine internet majors including eBay, Google, Yahoo! And LinkedIn, urged the Government to find “targeted ways” to combat “foreign rogue websites” while preserving “the innovation and dynamism” that make the internet a driver of “growth and job creation”. Ironically, the Government too seeks to address protection of jobs and economic interests through this legislation.</p>
<h3>Politics of the Internet</h3>
<p>In terms of infrastructure, the U.S. controls critical web resources. Contrasting this to the Chinese firewall that blocks content for users within its jurisdiction, the U.S. decision to redirect a link can act as a “global block”, explains Sunil Abraham, director of the Centre for Internet and Society. Physically, seven of 13 root servers (or clusters) that run the DNS system, are located in the U.S., he points out. So, for an Indian citizen who chooses to record the latest episode of Dexter and stream it online, it means that both his site and the intermediary could be blacked out, in a post-SOPA world. Currently, the IP holder would have to take the trouble of reporting or challenging this in an Indian court, Mr. Abraham explains.</p>
<p>In recent years, countries led by Brazil, India and China have been lobbying for a greater role for multilateral bodies in controlling the Internet. In 2010, the U.S. Government “liberated” the ICANN (Internet Corporation for Assigned Names and Numbers) from its direct control. But, bringing a law that allows it to come down heavily on “rogues” unilaterally, is being viewed as a step backwards.</p>
<p>For now, all eyes in the tech community are on the legislation, and the many debates surrounding it, which promise to be among the most controversial and interesting ones in technology in recent times.</p>
<p><a class="external-link" href="http://www.thehindu.com/sci-tech/article2801676.ece">Read the original published in the Hindu</a></p>
<p>
For more details visit <a href='https://cis-india.org/news/twists-and-turns-of-the-sopa-opera'>https://cis-india.org/news/twists-and-turns-of-the-sopa-opera</a>
</p>
No publisherpraskrishnaPiracyIntellectual Property Rights2012-01-16T09:48:02ZNews ItemThe Future of the Moving Image
https://cis-india.org/research/conferences/conference-blogs/future-of-the-moving-image
<b>All dissimilar technologies are the same in their own way, but all similar technologies are uniquely different. This was probably at the core of the zeitgeist at the international seminar on “The Future of Celluloid” hosted by the Media Lab at the Jadavpur University, Kolkata, at which Nishant Shah, Director - Research CIS, presented a research paper. Practitioners, film makers, artists, theoreticians and academics, blurring the boundaries of both their roles and their disciplines and areas of interest, came together to move beyond convergence theories – to explore the continuities, conflations, contestations and confusions that Internet Technologies have led to for earlier technologies, but specifically for the technology of the moving image.</b>
<h2 align="left"> How Digital Cinema changes the notion of authorship...<br /></h2>
<p>The
concerns that emerged at the <a class="external-link" href="http://medialabju.org/about.html">Jadavpur University Media Lab</a>'s international seminar on The Future of Celluloid, were manifold and not confined to cinema or the moving image. These are
concerns that are voiced on all realms of cultural production, where
the traditional forms feel stranded at digital
intersections, threatened by the emergence of new cultural
productions which are so much more quintessentially the form and ideal
that the traditional forms aspired to.</p>
<p>The blog, as we saw at the
“<a href="https://cis-india.org/research/conferences/conference-blogs/the-anxiety-of-the-future-and-internet-technologies" class="external-link">Writing the Future Conference</a>” was seen as a threat and more
fundamentally replacing the novel form. Ars electronica or digital music has long since played the swan song of traditional
orchestration practices. Similarly, the digital film (often broadcast
on video sharing spaces like YouTube and MySpace) or even mainstream
feature films that embody digital technologies of hypervisualisation, show necessarily more than celluloid could ever capture. As <a class="external-link" href="http://www.cscsarchive.org/Members/ashish">Ashish
Rajadhyaksha</a> pointed out, “The capacity to pay almost infinite
attention to the celluloid image was made possible only with the
digitisation of the celluloid image”.</p>
<p>Through
the different presentations, this strain of thought was apparent – will we
lose celluloid altogether? Is the future of cinema going to be in
infantile pre-lapsarian representations of smiling/dancing/gurgling
babies and furry pets made by indulgent mothers and doting pet
owners? When cinema transitions from deep celluloid to shallow
pixels, will the loss in depth also result in the death of meaning
and processes of reading the image? And finally, the question
that seems to surface, sometimes in the guise of academic concern,
sometimes in the shape of alarm and anxiety, and sometimes in the
form of paranoia and raging uncertainty: “Is this the end of
Celluloid? “ to which <a class="external-link" href="http://en.wikipedia.org/wiki/Matt_Hanson">Matt Hanson</a>, who presented his open source film <a class="external-link" href="http://aswarmofangels.com/">A Swarm of Angels</a>, nuancedly added: "Only the end of celluloid as we know it!”</p>
<p>In my presentation titled ´Of Pranksters, Jesters and Clowns –
YouTube Videos and Conditions of Collaborative Authorship´ I made a
call to identify these questions as symptomatic of another more deep
seated anxiety which makes for a fundamental revisiting of the
relationship between the author, the text and the reader. Looking
particularly at YouTube videos and the kind of arguments that have
surrounded them – on copyright, defamation, plagiarism, piracy,
sampling, remix, authorship, ownership – I proposed that at the
centre of all these anxieties is the question of authorship, what
constitutes it and the need to expand the scope of authorship
by looking at the series of engagements that happen online.</p>
<p> I presented two cases to make my argument. The first was the case
of <a class="external-link" href="http://in.youtube.com/watch?v=N1KfJHFWlhQ">13-month-old Holden Lenz</a>, dancing to Prince’s
<em>Let’s Go Crazy.</em> In February 2007, Stephanie Lenz’s
family had a digital equivalent of a Kodak moment. Her 13-month-old son Holden, pushing a walker across her kitchen floor,
started moving to the addictive rhythms of Prince’s <em>Let’s Go
Crazy </em>song and Stephanie recorded him on her
digicam. Wanting more of the family to share the joy, she uploaded
the video on to YouTube and it was viewed scores of times. Laughs
were shared, gaps were bridged, digital technologies brought
families scattered across time-zones and lifestyles together.</p>
<p>However, the lawyers at
Universal Music did not seem to share the enthusiasm or the joy. They fired off a notice to YouTube asking them to remove the video because
it amounted to a copyright infringement. YouTube, fearing legal ramifications, removed the video. Stephanie Lenz approached the
Electronic Frontier Foundation (EFF), which challenged Universal’s
claims that held Lenz liable for up to 150,000 USD in fines for
sharing the 29 seconds of her son dancing. While it is very easy to
draw the battle-lines and look upon the well educated, highly paid
lawyers of Universal as ‘idiots’ who spent probably millions of
dollars in starting the legal battle, I think there is more at play
here than who is right and who is wrong. What is really being
debated, is not whether Lenz indulged in wilful copyright
infringement or not, but the questions of who is an author, what are
the mechanisms of attribution, and how do we understand these in the
complex digital worlds that we populate?</p>
<p>Historically, the author
was constructed as a communitarian figure whose work depended on and
was enhanced by the collaborations and the collective knowledge of
the people s/he interacted with. Chaucer, to quote the most canonical
example, for instance, was recognised as the author of <em>The Canterbury
Tales</em> only after the print industry finds its footing, thus
neglecting the fact that the text was heavily distorted, enhanced,
mutated, corrected, revised, edited and transformed by the various
users of the manuscripts, who were not merely audience or receptors
but also collaborative authors of the text. It is only with the
establishment of the cultural industries, that such a fluid
understanding of authorship gets crystalised into specific forms of
engagement, where the author, the reader, the distributor, the
consumer, the audience and the end user are all clearly defined and
contained within presumed roles.</p>
<p>It is the blurring of these
boundaries in the digital world that leads to the kind of debates
that we observe around the Stephanie Lenz case. The inability of the
newly emerging digital cultural industry to recognise different forms
of engagement – remixing, sampling, embedding, referencing,
distributing, editing, etc. – as creative and productive forms of
authorship is at the basis of the anxieties that run amok in these
debates. My presentation made a call for not only a
de-criminalisation of pirate positions in the realm of cultural
production, but also to recognise and celebrate the various
conditions of collaborative authorship – be it by Holden Lenz who
probably made the song twice as popular than it was, or by <a class="external-link" href="http://www.avrilbandaids.com/">Avril
Lavigne fans </a>who went on a spree to make her song <em>Girlfriend, </em> the
first video to be viewed one million times on Youtube – not merely
as derivative or acts of prank and jests, but as legitimate and
distinctive forms of authorship which expand the scope of the
cultural object and give it unprecedented layers of meaning and
engagement.</p>
<p>
For more details visit <a href='https://cis-india.org/research/conferences/conference-blogs/future-of-the-moving-image'>https://cis-india.org/research/conferences/conference-blogs/future-of-the-moving-image</a>
</p>
No publishernishantinternet and societyPiracyIntellectual Property RightsYouTubeinternet artCyberculturesNew Pedagogies2008-11-11T09:06:57ZBlog EntryThe Dark Fibre Files: 'Steal This Film' and the Pirate Bay Trial
https://cis-india.org/a2k/blogs/the-dark-fibre-files-steal-this-film-and-the-pirate-bay-trial
<b>In this posting, the fifth blog entry on the making of the film 'Dark Fibre' by Jamie King and Peter Mann, Siddharth Chadha discusses the Swedish trial of the Pirate Bay, which brought up some of the debates on intellectual property rights and piracy that were highlighted in 'Steal This Film'. </b>
<p>In August 2006, Jamie King shot Part I of 'Steal This Film' in Sweden, combining found material, propoganda-like slogans and Vox Pops, along with accounts from members of the Pirate Bay, Piratbryan and the Pirate Party. The film critiques the alleged regulatory capture attempt performed by the Hollywood film lobby in order to leverage economic sanctions by the United States government on Sweden through the WTO. The film interviews the Pirate Bay Members Fredrik Neij, Gottfrid Svartholm, and Peter Sunde and Piratbryan members Rasmus Fleischer, Johan and Sara Anderson, who recount the search and seizure raid conducted by the Swedish police, with the purpose of disrupting the Pirate Bay's BitTorrent tracker. This raid, according to the Pirate Bay members, was against the Swedish law and conducted under pressure from the Motion Pictures Association of America. The documentary was officially released on filesharing networks on 28 December 2007 and, according to the filmmakers, downloaded 150,000 times in the first three days of distribution. The Pirate Bay encouraged the downloading of 'Steal This Film II', announcing the film's release on its blog. 'Steal This Film II' was also screened by the Pirate Cinema, Copenhagen, in January 2008.</p>
<p align="center"> </p>
<p>In the post-Napster era of peer to peer networks, the Pirate Bay case has been the media highlight on file sharing. After the police raided 12 different premises in May 2006, confiscating 186 servers and causing the torrent tracker to shut down for three days, the Pirate Bay re-opened to double the number of visitors, as its popularity got a shot in the arm with the extensive media coverage. While the MPAA termed the raids as extremely succesful, the Pirate Bay, which restored its servers in three days, thought otherwise. After a preliminary investigation and interrogation by the police, a four thousand page report was prepared by the prosecutor, in preperation of a trial. The Swedish prosecutors filled charges in January 2008 against four individuals they associated with The Pirate Bay for 'promoting other people's infringement of copyright laws'. <br /><br />The Swedish prosecution raised a furore in the world of Intellectual Property by suing The Pirate Bay. While the prosecutors contended that millions of people get access to copyrighted materials such as movies, songs, and software programs, which can be downloaded for free by going to The Pirate Bay site, the contentious issue lies in the fact that the Pirate Bay itself does not host any files. Just as Google is an index of links, The Pirate Bay is an index of where those files are located. The original files are located across millions of computers around the world, which may only have a small fragment of the original file, and which share these fragments using BitTorrent. According to CableLabs, an organisation of the North American cable industry, BitTorrent represents 18% of all Broadband traffic. Apart from suing The Pirate Bay, the major Hollywood studios have also tried pressure tactics to contain copyright infringement. HBO in 2005, for example, poisoned torrents of its 'Rome' TV show by providing bad chunks of data to clients. It also sent cease and desist letters to the Internet Service Providers of BitTorrent users. The increased pressure from the Hollywood lobby and persistent lawsuits have resulted in the shutdown of various BitTorrent indexing sites, such as the Supernova.org, Torrentspy, LokiTorrent, Demonoid, Oink.cd and EliteTorrents.org. <br /><br />The Pirate Bay Trial started on 16th Feburary 2009, with defense lawer Per E. Samuelson, arguing that it is legal to offer a service that can be used both legally and illegally, under the Swedish Law. He compared the Pirate Bay services to making cars that can be driven faster than the speed limit. On the second day of the trial, the prosecution dropped half of the charges against the Pirate Bay, due to shortcomings in evidence. Prosecutor Hakan Roswall dropped all charges related to 'assisting copyright infringement', leaving 'assisting making available' as the remaining charge. The next day of the trial saw an argument by the defense attorney Per Samuelson, which was latter dubbed as the King Kong defense, popularised by the blogs, file sharing news feeds and the media. The defense stated:<br /><br /><em>EU directive 2000/31/EC says that he who provides an information service is not responsible for the information that is being transferred. In order to be responsible, the service provider must initiate the transfer. But the admins of the Pirate Bay don’t initiate transfers. It’s the users that do and they are physically identifiable people. They call themselves names like King Kong... According to legal procedure, the accusations must be against an individual and there must be a close tie between the perpetrators of a crime and those who are assisting. This tie has not been shown. The prosecutor must show that Carl Lundström personally has interacted with the user King Kong, who may very well be found in the jungles of Cambodia...</em><br /><br />The remaining six days of the trial saw questioning of the accused, witness depositions by plaintiffs and conflicting academic research by experts, as the prosecution tried to show that the Pirate Bay was an immensely profitable business that made money by helping others infringe copyright laws. The four operators of the site, Fredrik Neij, Gottfrid Svartholm, Peter Sunde and Carl Lundstrom, were convicted by Stockholm district court on 17 April 2009 and sentenced to one year in jail each and a total of 30 million SEK (approximately 3.5 million USD, 2.7 million EUR) in fines and damages. In its verdict the court stated that 'responsibility for assistance can strike someone who has only insignificantly assisted in the principal crime'. <br /><br />Even while filming of 'Dark Fibre' was on here in Bangalore, Jamie and his crew were filming outside the courtroom in Stockholm, as the the subjects of 'Steal This Film' went on trial and were convicted. The convicted are now preparing to appeal against the sentence and the fine in the higher Swedish court. </p>
<p><img class="image-inline image-inline" src="uploads/copy_of_piratebay.gif/image_preview" alt="piratebay" height="400" width="363" /> <img class="image-inline image-inline" src="uploads/copy_of_prtbay.jpg/image_preview" alt="prtbay" height="315" width="284" /></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/the-dark-fibre-files-steal-this-film-and-the-pirate-bay-trial'>https://cis-india.org/a2k/blogs/the-dark-fibre-files-steal-this-film-and-the-pirate-bay-trial</a>
</p>
No publishersachiaPiracyIntellectual Property RightsCable TV2011-08-04T04:41:57ZBlog EntryThe 2010 Special 301 Report Is More of the Same, Slightly Less Shrill
https://cis-india.org/a2k/blogs/2010-special-301
<b>Pranesh Prakash examines the numerous flaws in the Special 301 from the Indian perspective, to come to the conclusion that the Indian government should openly refuse to acknowledge such a flawed report. He notes that the Consumers International survey, to which CIS contributed the India report, serves as an effective counter to the Special 301 report.</b>
<h1>Special 301 Report: Unbalanced Hypocrisy</h1>
<p>The United States Trade Representative has put yet another edition of the Special 301 report which details the copyright law and policy wrongdoings of the US's trading partners. Jeremy Malcolm of Consumers International notes that the report this year claims to be "well-balanced assessment of intellectual property protection and enforcement ... taking into account diverse factors", but:</p>
<blockquote>
<p>[I]n fact, the report largely continues to be very one-sided. As in previous editions, it lambasts developing countries for failing to meet unrealistically stringent standards of IP protection that exceed their obligations under international law.</p>
</blockquote>
<p>More the report changes, <a href="http://cis-india.org/advocacy/ipr/blog/consumers-international-ip-watch-list-2009">the more it stays the same</a>. <a href="http://www.michaelgeist.ca/content/view/4684/195/">Despite having wider consultations</a> than just the International Intellectual Property Alliance (IIPA, consisting of US-based IP-maximalist lobbyists like the Motion Picture Association of America, Recording Industry Association of America, National Music Publishers Association, Association of American Publishers, and Business Software Alliance) and the Pharmaceutical Research and Manufacturers of America (PhRMA, consisting of US-based pharma multinationals), things haven't really changed much in terms of the shoddiness of the Special 301 report.</p>
<h1>India and the 2010 Special 301 Report</h1>
<p>The Special 301 report for 2010 contains the following assessment of India:</p>
<blockquote>
<p>India will remain on the Priority Watch List in 2010. India continues to make gradual progress on efforts to improve its legislative, administrative, and enforcement infrastructure for IPR. India has made incremental improvements on enforcement, and its IP offices continued to pursue promising modernization efforts. Among other steps, the United States is encouraged by the Indian government’s consideration of possible trademark law amendments that would facilitate India’s accession to the Madrid Protocol. The United States encourages the continuation of efforts to reduce patent application backlogs and streamline patent opposition proceedings. Some industries report improved engagement and commitment from enforcement officials on key enforcement challenges such as optical disc and book piracy. However, concerns remain over India’s inadequate legal framework and ineffective enforcement. Piracy and counterfeiting, including the counterfeiting of medicines, remains widespread and India’s enforcement regime remains ineffective at addressing this problem. Amendments are needed to bring India’s copyright law in line with international standards, including by implementing the provisions of the WIPO Internet Treaties. Additionally, a law designed to address the unauthorized manufacture and distribution of optical discs remains in draft form and should be enacted in the near term. The United States continues to urge India to improve its IPR regime by providing stronger protection for patents. One concern in this regard is a provision in India’s Patent Law that prohibits patents on certain chemical forms absent a showing of increased efficacy. While the full import of this provision remains unclear, it appears to limit the patentability of potentially beneficial innovations, such as temperature-stable forms of a drug or new means of drug delivery. The United States also encourages India to provide protection against unfair commercial use, as well as unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products. The United States encourages India to improve its criminal enforcement regime by providing for expeditious judicial disposition of IPR infringement cases as well as deterrent sentences, and to change the perception that IPR offenses are low priority crimes. The United States urges India to strengthen its IPR regime and will continue to work with India on these issues in the coming year. </p>
</blockquote>
<p>This short dismissal of the Indian IPR regime, and subsequent classification of India as a "Priority Watch List" country reveals the great many problems with the Special 301.</p>
<h2>On Copyrights</h2>
<ol>
<li>
<p>The report notes that there are "concerns over India's inadequate legal framework and ineffective enforcement". However, nowhere does it bother to point out precisely <em>how</em> India's legal framework is inadequate, and how this is negatively affecting authors and creators, consumers, or even the industry groups (MPAA, RIAA, BSA, etc.) that give input to the USTR via the IPAA. Nor does it acknowledge the well-publicised fact that the statistics put out by these bodies have time and again <a href="http://www.cis-india.org/a2k/blog/fallacies-lies-and-video-pirates">proven to be wrong</a>:</p>
</li>
<li>
<p>Apart from this bald allegation which has not backing, there is a bald statement about India needing to bring its copyright law "in line with international standards" including "the WIPO Internet Treaties". The WIPO Internet Treaties given that more than half the countries of the world are not signatories to either of the WIPO Internet Treaties (namely the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty), calling them 'international standards' is suspect. That apart, both those treaties are TRIPS-plus treaties (requiring protections greater than the already-high standards of the TRIPS Agreement). India has not signed either of them. It should not be obligated to do so. Indeed, Ruth Okediji, a noted copyright scholar, <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1433848">states</a>:</p>
</li>
</ol>
<blockquote>
<p>Consistent with their predecessors, the WIPO Internet Treaties marginalize collaborative forms of creative engagement with which citizens in the global South have long identified and continue in the tradition of assuming that copyright’s most enduring cannons are culturally neutral. [...] The Treaties do not provide a meaningful basis for a harmonized approach to encourage new creative forms in much the same way the Berne Convention fell short of embracing diversity in patterns and modes of authorial expression.</p>
</blockquote>
<ol>
<li>
<p>Some of the of the 'problems' noted in the report are actually seen as being beneficial by many researchers and scholars such as Lawrence Liang, Achal Prabhala, Perihan Abou Zeid <a href="https://sites.google.com/site/iipenforcement/bibliography">and others</a>, who argue that <a href="http://www.altlawforum.org/intellectual-property/publications/articles-on-the-social-life-of-media-piracy/reconsidering-the-pirate-nation">lax enforcement has enabled access to knowledge and promotion of innovation</a>. In a panel on 'Access to Knowledge' at the Internet Governance Forum, <a href="http://a2knetwork.org/access-knowledge-internet-governance-forum">Lea Shaver, Jeremy Malcolm and others</a> who have been involved in that Access to Knowledge movement noted that lack of strict enforcement played a positive role in many developing countries. However, they also noted, with a fair bit of trepidation, that this was sought to be changed at the international level through treaties such as the Anti-Counterfeiting Treaty Agreement (ACTA).</p>
</li>
<li>
<p>The scope of an optical disc law are quite different from copyright law. The report condemns "unauthorized manufacture and distribution of optical discs", however it does not make it clear that what it is talking about is not just unlicensed copying of films (which is already prohibited under the Copyright Act) but the manufacture and distribution of blank CDs and DVDs as well. The need for such a law is assumed, but never demonstrated. It is onerous for CD and DVD manufacturers (such as the Indian company Moserbaer), and is an overbearing means of attacking piracy.</p>
</li>
<li>
<p>The report calls for "improve[ment] [of India's] criminal enforcement regime" and for "deterrent" sentences and expeditious judicial disposition of IPR infringement cases. While we agree with the last suggestion, the first two are most unacceptable. Increased criminal enforcement of a what is essentially a private monopoly right is undesirable. Copyright infringment on non-commercial scales should not be criminal offences at all. What would deter people from infringing copyright laws are not "deterrent sentences" but more convenient and affordable access to the copyright work being infringed.</p>
</li>
</ol>
<h2>On Patents</h2>
<p>Thankfully, this year the Special 301 report does not criticise the Indian Patent Act for providing for post-grant opposition to patent filings, as it has in previous years. However, it still criticises section 3(d) of the Patent Act which ensures that 'evergreening' of drug patents is not allowed by requiring for new forms of known substances to be patented only if "the enhancement of the known efficacy of [the known] substance" is shown. Thus, the US wishes India to change its domestic law to enable large pharma companies to patent new forms of known substances that aren't even better ("enhancement of the known efficacy"). For instance, "new means of drug delivery" will not, contrary to the assertions of the Special 301 report and the worries of PhRMA, be deemed unpatentable.</p>
<p>The United States has been going through much turmoil over its patent system. Reform of the patent system is currently underway in the US through administrative means, judicial means, as well as legislative means. One of the main reasons for this crumbling of the patent system has been the low bar for patentability (most notably the 'obviousness' test) in the United States and the subsequent over-patenting. An <a href="http://supreme.justia.com/us/447/303/case.html">American judgment</a> even noted that "anything under the sun that is made by man" is patentable subject matter. It is well-nigh impossible to take American concerns regarding our high patent standards seriously, given this context.</p>
<h2>Miscellanea</h2>
<p>The harms of counterfeit medicine, as <a href="http://www.cis-india.org/a2k/blog/fallacies-lies-and-video-pirates">we have noted earlier</a>, are separate issues that are best dealt under health safety regulations and consumer laws, rather than trademark law.</p>
<p>Data exclusivity has been noted to be harmful to the progress of generics, and seeks to extend proprietary rights over government-mandated test data. It is [clear from the TRIPS Agreement][de-trips] that data exclusivity is not mandatory. There are clear rationale against it, and the Indian pharmaceutical industry [is dead-set against it][de-india]. Still, the United States Trade Representative persists in acting as a corporate shill, calling on countries such as India to implement such detrimental laws.</p>
<h2>Conclusion</h2>
<p>Michael Geist, professor at University of Ottowa <a href="http://www.michaelgeist.ca/content/view/4997/125">astutely notes</a>:</p>
<blockquote>
<p>Looking beyond just Canada, the list [of countries condemned by the Special 301 report] is so large, that it is rendered meaningless. According to the report, approximately 4.3 billion people live in countries without effective intellectual property protection. Since the report does not include any African countries outside of North Africa, the U.S. is effectively saying that only a small percentage of the world meet its standard for IP protection. Canada is not outlier, it's in good company with the fastest growing economies in the world (the BRIC countries are there) and European countries like Norway, Italy, and Spain.
In other words, the embarrassment is not Canadian law. Rather, the embarrassment falls on the U.S. for promoting this bullying exercise and on the Canadian copyright lobby groups who seemingly welcome the chance to criticize their own country. </p>
</blockquote>
<p>His comments apply equally well for India as well.</p>
<h1>IIPA's Recommendation for the Special 301 Report</h1>
<p>Thankfully, this year <a href="http://www.iipa.com/rbc/2010/2010SPEC301INDIA.pdf">IIPA's recommendations</a> have not been directly copied into the Special 301 report. (They couldn't be incorporated, as seen below.) For instance, the IIPA report notes:</p>
<blockquote>
<p>The industry is also concerned about moves by the government to consider mandating the use of open source software and software of only domestic origin. Though such policies have not yet been implemented, IIPA and BSA urge that this area be carefully monitored.</p>
</blockquote>
<p>Breaking that into two bit:</p>
<h2>Open Source</h2>
<p>Firstly, it is curious to see industry object to legal non-pirated software. Secondly, many of BSA's members (if not most) use open source software, and a great many of them also produce open source software. <a href="http://hp.sourceforge.net/">HP</a> and <a href="http://www-03.ibm.com/linux/ossstds/">IBM</a> have been huge supporters of open source software. Even <a href="http://www.microsoft.com/opensource/">Microsoft has an open source software division</a>. [Intel][intel], <a href="http://www.sap.com/usa/about/newsroom/press.epx?pressid=11410">SAP</a>, <a href="http://www.cisco.com/web/about/doing_business/open_source/index.html">Cisco</a>, <a href="http://linux.dell.com/projects.shtml">Dell</a>, <a href="http://www.sybase.com/developer/opensource">Sybase</a>, <a href="http://www.entrust.com/news/index.php?s=43&item=702">Entrust</a>, <a href="http://about.intuit.com/about_intuit/press_room/press_release/articles/2009/IntuitPartnerPlatformAddsOpenSourceCommunity.html">Intuit</a>, <a href="http://www.synopsys.com/community/interoperability/pages/libertylibmodel.aspx">Synopsys</a>, <a href="http://www.apple.com/opensource/">Apple</a>, <a href="http://www.theregister.co.uk/2005/04/22/jbuilder_eclipse/">Borland</a>, <a href="http://w2.cadence.com/webforms/squeak/">Cadence</a>, <a href="http://usa.autodesk.com/adsk/servlet/item?siteID=123112&id=6153839">Autodesk</a>, and <a href="http://news.cnet.com/8301-13505_3-9967593-16.html">Siemens</a> are all members of BSA which support open source software / produce at least some open source software. And <em>all</em> BSA members rely on open source software (as part of their core products, their web-server, their content management system, etc.) to a lesser or greater extent. BSA's left hand doesn't seem to know what its right hand -- its members -- are doing. Indeed, the IIPA does not seem to realise that the United States' government itself uses [open source software], and has been urged to <a href="http://news.bbc.co.uk/2/hi/7841486.stm">look at FOSS very seriously</a> and is doing so, especially under CIO Vivek Kundra. And that may well be the reason why the USTR could not include this cautionary message in the Special 301 report.</p>
<h2>Domestic Software</h2>
<p>As <a href="http://arstechnica.com/tech-policy/news/2010/04/indias-copyright-proposals-are-un-american-and-thats-bad.ars">this insightful article by Nate Anderson in Ars Technica</a> notes:</p>
<blockquote>
<p>Open source is bad enough, but a "buy Indian" law? That would be <a href="http://www.canadainternational.gc.ca/sell2usgov-vendreaugouvusa/procurement-marches/buyamerica.aspx?lang=eng">an outrage</a> and surely something the US government would not itself engage in <a href="http://www.canadainternational.gc.ca/sell2usgov-vendreaugouvusa/procurement-marches/ARRA.aspx?lang=eng">as recently as last year</a>. Err, right?</p>
</blockquote>
<p>Furthermore, the IIPA submission do not provide any reference for their claim that "domestic origin" software is being thought of being made a mandatory requirement in governmental software procurement.<br />
</p>
<h2>WCT, WPPT, Camcording, and Statutory Damages</h2>
<p>The IIPA submission also wish that India would:</p>
<ol>
<li>Adopt a system of statutory damages in civil cases; allow compensation to be awarded in criminal cases;</li>
<li>Adopt an optical disc law;</li>
<li>Enact Copyright Law amendments consistent with the WCT and WPPT;</li>
<li>Adopt an anti-camcording criminal provision.</li>
</ol>
<p>Quick counters:</p>
<ol>
<li>Statutory damages (that is, an amount based on statute rather than actual loss) would result in ridiculousness such as the $1.92 million damages that the jury (based on the statutory damages) slapped on Jammie Thomas. The judge in that case <a href="http://arstechnica.com/tech-policy/news/2010/01/judge-slashes-monstrous-jammie-thomas-p2p-award-by-35x.ars">called the damage award</a> "monstrous and shocking" and said that veered into "the realm of gross injustice."</li>
<li>The reasons against an optical disc law are given above. Quick recap: it is a) unnecessary and b) harmful.</li>
<li>India has not signed the WCT and the WPPT. Indian law satisfies all our international obligations. Thus enacting amendments consistent with the WCT and the WPPT is not required.</li>
<li>Camcording of a film is in any case a violation of the Copyright Act, 1957, and one would be hard-pressed to find a single theatre that allows for / does not prohibit camcorders. Given this, the reason for an additional law is, quite frankly, puzzling. At any rate, IIPA in its submission does not go into such nuances.</li>
</ol>
<h2>Further conclusions</h2>
<p><a href="http://spicyipindia.blogspot.com/2010/05/us-special-301-report-and-not-so.html">Shamnad Basheer</a>, an IP professor at NUJS, offer the following as a response:</p>
<blockquote>
<p>"Dear USA,</p>
<p>India encourages you to mind your own business. We respect your sovereignty to frame IP laws according to your national priorities and suggest that you show us the same courtesy. If your grouse is that we haven't complied with TRIPS, please feel free to take us to the WTO dispute panel. Our guess is that panel members familiar with the English language will ultimately inform you that section 3(d) is perfectly compatible with TRIPS. And that Article 39.3 does not mandate pharmaceutical data exclusivity, as you suggest!
More importantly, at that point, we might even think of hauling you up before the very same body for rampant violations, including your refusal to grant TRIPS mandated copyright protection to our record companies, despite a WTO ruling (Irish music case) against you.</p>
<p>Yours sincerely,</p>
<p>India."</p>
</blockquote>
<p>Basheer's suggestion seems to be in line with that Michael Geist who believes that other countries should join Canada and Israel in openly refusing to acknowledge the validity of the Special 301 Reports because they lack ['reliable and objective analysis'][geist-reliable]. And that thought serves as a good coda.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/2010-special-301'>https://cis-india.org/a2k/blogs/2010-special-301</a>
</p>
No publisherpraneshDevelopmentConsumer RightsAccess to KnowledgeCopyrightPiracyAccess to MedicineIntellectual Property RightsData ProtectionFLOSSTechnological Protection MeasuresPublications2011-10-03T05:37:27ZBlog EntryThe 'Dark Fibre' Files: The Grey Market Deficit
https://cis-india.org/a2k/blogs/the-dark-fibre-files-the-grey-market-deficit
<b>In this, the third entry in his series discussing the making of 'Dark Fibre' by Jamie King and Peter Mann, Siddharth Chadha gives an overview of piracy in the pay TV industry. </b>
<p> </p>
<p>Television emerged as one of the biggest gainers in a post-liberalisation India during the '90s. From 41 television sets and one channel in 1962, the country has come a long way, with over 130 million homes with televison. Cable TV has spurred an unprecedented revolution for the entertainment and advertising industry. As a country where more than half the population lives on a daily income of less than USD 1 but swears by its Indian Premier League, India has also emerged as the Asian giant in pay TV piracy. The Cable and Satellite Broadcasting Association of Asia, in a pan-Asia survey, pegged the net loss of revenue to the television industry due to pay TV piracy at USD 1.1 Billion in 2008. In its annual report published last year, it estimates that over 21.64 million cable TV homes went unreported, either on account of theft or leakage by local cable operators. This is almost one-fouth of the 8.5 million existing cable TV connections across the country. The report also suggests that 65 percent of the total loss of USD 1.76 Billion due to cable TV piracy in Asia comes from India alone, followed by Thailand at USD 180 Million.</p>
<p> </p>
<p>According to Shashi Kumar, the General Manager of Hathway Cable TV Private Limited, a Multi Service Operator, 'All cable operators report only 10-15 percent of their total subscriber base. Obviously, the piracy figures in this industry will be very high.' A cable operator in Bangalore, on the condition of being anonymous, discloses, 'We are providing cable TV connections to over 800 homes. But we declare only 250, because that is the minimum number of connections that the MSO wants. There are not enough margins in the business to sustain accurate reporting.' The average cost of setting up a cable operation now runs into crores of rupees and the business is not lucrative if it is entirely clean. The average price for a digital cable connection charged by an MSO to the local cablewallah is between Rs. 180-200, the charge to the end consumer is Rs. 250 per connection per month. This does not seem to spell profit for the cable operators. 'An amplifier alone costs Rs. 3500 per unit and serves about 20 homes. The cost of the RJ6 cable is Rs. 4300 a bundle. How can we be expected to do business on a profit margin of Rs. 50 per month? If the margins were higher, perhaps operators would not leak connections,' adds the cable operator.</p>
<p> </p>
<p>While Multi Service Operators seem to be fed up of the situation, there is not much they can do about it. 'There are already 5-6 national level MSOs. And then there are new entrants into the market every month. Despite knowing that the cable operators are under-reporting connections, we continue to work on minimum level subscriptions because the market is extremely competitive. If we take action against a cable operator, we would lose out on whatever business we have to a new player,' adds Shashi, while describing the operations of their company.</p>
<p> </p>
<p>The industry is now looking at growth in the number of Direct To Home subscribers as a deterrent to piracy. Estimates suggest that by 2015, over 40 percent of subscribers in the pay TV universe is likely to comprise DTH owners, up from the current five percent. Frightened of repeated instances of signal piracy on their networks, broadcasters are now investing in signal encryption technology, to ward of the pirates. However, till DTH television becomes the norm rather than the exception, one can expect more tussles between the broadcasters, Multi Service Operators, regulators and cablewallahs, in the world of pay TV piracy.</p>
<p> </p>
<p align="center"><img class="image-inline image-inline" src="uploads/thefutureishere.jpg/image_preview" alt="the future is here" height="260" width="400" /></p>
<p align="center"><img class="image-inline image-inline" src="uploads/TVServantLogo.png/image_preview" alt="tv servant logo" height="400" width="250" /></p>
<p> </p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/the-dark-fibre-files-the-grey-market-deficit'>https://cis-india.org/a2k/blogs/the-dark-fibre-files-the-grey-market-deficit</a>
</p>
No publishersachiaPiracyIntellectual Property RightsCable TV2011-08-04T04:41:47ZBlog EntryThe 'Dark Fibre' Files: Interview with Jamie King and Peter Mann
https://cis-india.org/a2k/blogs/dark-fibre-files
<b>Film-makers Jamie King (producer/director of the 'Steal This Film' series) and Peter Mann, in conversation with Siddharth Chadha, on 'Dark Fibre', their latest production, being filmed in Bangalore</b>
<p>'Dark Fibre' is a documentary/fiction hybrid by J. J. King, producer/director of the 'Steal This Film' series, which has already reached over six million people online and is working towards achieving international television distribution, and Peter Mann, a British film-maker whose most recent work is titled 'Sargy Mann'.</p>
<p>'Dark Fibre' is set amongst the cablewallahs of Bangalore, and uses the device of cabling to traverse different aspects of informational life in the city. It follows the lives of real cablewallahs and examines the political status of their activities.The fictional elements arrive in the form of a young apprentice cablewallah who attempts to unite the disparate home-brew networks in the city into a grassroots, horizontal 'people's network'. Some support the activity and some vehemently oppose it -- but what no one expects is the emergence of a seditious, unlicensed and anonymous new channel which begins to transform people's imaginations in the city. Our young cable apprentice is tasked with tracking down the channel, as powerful political forces array themselves against it. Not only the 'security' of the city, but his own wellbeing depend on whether he finds it, and whether it proves possible to stop its distribution. Meanwhile, mysterious elements from outside India -- possibly emissaries of a still-greater power -- are appearing on the scene. This quest for the unknown channel is reminiscent of a modern-day 'Moby Dick', with the city of Bangalore as the high seas and our cable apprentice a reluctant Ahab. The action is a combination of verite, improvisation and scripted action.</p>
<h3>In conversation with Jamie and Peter in Bangalore</h3>
<p><strong>Q: How did you get the idea to make Dark Fibre, a fiction film?</strong></p>
<strong></strong>
<p><strong>Peter: </strong></p>
<strong></strong>
<p>We first met through BritDoc--British Documentary--and they run Channel 4 which is a Film Foundation. They have been good to us. They funded both Steal This Film and 'Sargy Mann'--a film on my father who is a blind man. They organised a meeting of all the directors they had funded and we met there. We were both thinking about what to do next and felt frustrated because we were making documentaries but really wanted to make fiction. We both shared the same ideas, with regard to shooting something completely as it is but presenting it in a fictional context.</p>
<p><strong>Jamie:</strong></p>
<strong></strong>
<p>And furthermore, we agreed that documentaries are not really real life. Because at the end of the day, I will keep only what I like, make you look at the way I want you to, I would cut you out of the picture if I don't agree with you. This happens even with the most worthy of the films. And you can be more truthful in fiction because its always a subjective truth. Fiction allows things to remain more real. I don't need an argument in the film. If I can just say, here is one guy's story and this is his story, then you can see the city with no bullshit. The story would allow you to look at things as they are; it's partly that idea behind Dark Fibre.</p>
<strong>Peter:<br /><br /></strong>
<p>This is in some way related to the concept of the artistic truth. You use all the tools at your disposal to tell a story, not just literal facts. This is about presenting things within an atmosphere, presenting things in a context. This then adds up to someone understanding something about the world, and I think fiction serves that better than documentary.</p>
<p><strong>Q: What brings you to India to make Dark Fibre?</strong> </p>
<strong>Jamie:<br /><br /></strong>
<p>I think the cablewallah networks are unique. I have never seen anything like this anywhere else myself. India is also in a very, very interesting time and place. The idea of information as a commodity is alive here as it isn't in many other places. The value of information is very high here. There is a western imaginary of Bangalore which is immediately fascinating. It's the place where our information is processed. This is where our credit card and our phone data goes. And it enters a weird black market that we don't understand. This is the cliché. We already have cliché films about Bombay and call centers. We do not want to put a call center into the film because that is already the imagined cliché vision of Bangalore. It is obviously far more sophisticated than that. And in some ways it is far patchier than that. Who are these information workers? What are they doing and at which level are they doing it? Are they the street workers putting cables into walls or is it the guy at Infosys who is hiring people and teaching them to fake English accents? Which is the real information worker? That variegation of information life in Bangalore is interesting, not just to us, but, I think, to everybody. Information dexterity is perceived as the signature of Northern dominance. The ability to manipulate information, to move intellectual property, to transform an idea into a product, to transform someone else's idea into your property. That kind of dexterity is seen as the keynote of western dominance. And watching a developing country transform into an information dextrous economy, seeing information dextrous people is amazing. And then there is the patchiness of it--who gets left behind? Who gets included? Whats missed out and what is added in that vision? How is it manipulated in favor of big businesses? And all of this is fascinating not only from an orientalist's point of view but from a general economic-socio-political point of view.</p>
<p><strong>Q: What is the underlying concept that brought about Dark Fibre?</strong><br /><strong><br />Jamie:</strong><br /> <br />While making 'Steal This Film' we spent a year on a 36 minute film trying to make an argument that would be staunch, impactful, and radical. What we learned is that it's very difficult to set out to argue your way to the truth. It's relatively easier to let the world itself speak and in the meanwhile observe it in detail. The kind of issues we are engaging with in Dark Fibre are around people's relationships with information and their relationship with freedom. These are very, very hard to nail down and speak about in a radical way. These are things left to the Intellectual Property lawyers, it's already happening, it's already cliché. All the arguments are already written. And even after a year of Steal This Film, it's shown in liberal universities – Wait! Liberal universities? I was supposed to be an anarchist! We want to go further. We want to tell people things through an image.</p>
<strong></strong>
<p><strong>Peter:</strong></p>
<p>Our idea of relationships is exploring the parallel physical communications networks and the virtual networks. In a city like Bangalore you see it. The traffic here is chaotic but it works. How? There is no answer to that. But it provokes questions. Through Dark Fibre, we are trying to say that there is a potential network in the city (cablewallahs) which is currently being unused and asking what it would take to unlock that potential and where would it take us if that really happens.</p>
<p><strong>Q: Why the cablewallahs? What is so fascinating about them?</strong><br /> <br /><strong>Jamie: </strong><br /> <br />Yes, we are interested in the cablewallah network and I think it's quite perverse that it makes people from around here laugh. You see cablewallahs as a fact of life, probably a mundane fact of life. Westerners, Europeans, who are used to orderly deployments of information technology are completely blown away when you tell them that this is how it works in India. Ad hoc, grassroots, messy, out of control.</p>
<strong><br />Peter:<br /><br /></strong>
<p>To the West, it is just unthinkable that the government would allow something like these networks, which supply 24 hours television. To not have these under government control is unthinkable.</p>
<strong>Jamie:<br /><br /></strong>
<p>So, obviously, we are at a point of transition where it's unthinkable to the Global North and it would become unthinkable here too. We are in the middle of that shift and thats one of the things we are trying to document; the network form, which is horizontal, ad hoc and on the street, becomes not only regulated but seditious.</p>
<strong>Q: Why would you call it seditious?</strong><strong><br /><br />Jamie: <br /><br /></strong>
<p>Because it begins to be seen as almost dangerous. As the regulators move in, they take Direct to Home control of all the deployments of their intellectual properties. The older networks start to look not only like intellectual property right infringements, but their disorder is also seen to be terrorist.</p>
<strong>Q: What is the film trying to propose through linking these cablewallah networks?</strong>
<p> </p>
<strong>Jamie:<br /><br /></strong>
<p>Our proposal in this film is - "What if instead of just dying peacefully, someone had the idea of transforming these networks that used to deliver international and local content, by connecting them together, and turning them in to massive local media networks which are used for media sharing, file sharing, your own local channel?" There is a potential because the network is already there.</p>
<strong>Peter:<br /><br /></strong>
<p>In a way, if you think about the microcosm idea of the Internet as a whole, that essentially is what our plot is. On a certain level you would say that it's just a network but then the internet is the most important driving force of the world today.</p>
<p><strong>Jamie:</strong></p>
<strong></strong>
<p>The point is that once this idea is out, we can create the infrastructure to connect the entire city, infrastructure we can all use. Everyone starts to have a stake in it, be it the newspapers, TV channels, pirate markets (they will say, "No one is buying our shit anymore because they can share it over the network"), the computer manufacturers, the importer of Chinese routers, a gangster who thinks he can advertise on the network, the intellectual property lawyer... different people start getting the idea that they might have something to do with this network. Basically this is a chaos scenario, from which arises the plot. It is a fictional scenario but is set in the reality of information sharing here today.</p>
<p><strong>Q: What is the technique you use to make the plot hybrid fictional?</strong><br /> <br /><strong>Jamie:</strong><br /><br />The main character is played by an actor and he will be an embedded actor, working with the real cablewallah. Parts of it will be documentary, seeing how the cablewallah works and the viewer, through watching this actor, will understand how the network works. We have already spoken to some cablewallahs. And they have been very happy about all this. We see this as sort of embedded journalism, where the embedded actor takes the place of an interviewer. The film is not going to be historical. The characters will have a background and the film is going to have a background, but what we are trying to do is show the 'now'. We want to make it speak about the past and speak about the future. About our future.</p>
<p><strong>Q: 'Steal This Film' was a critique of the international intellectual property regimes. Would this film also be similarly advocative?</strong><br /> <br /><strong>Jamie:</strong><br /><br />We are going to the next level from 'Steal This Film', and this is more of my argument than Peter's -- that the conversation about Intellectual Propery is over or the film is the last word at all. But I personally need to go somewhere else to say more. I am interested in information in general. And how information affects what we can think, what we can dream, what we can be, how it forms all of us -- that is what we are working on in 'Dark Fibre' and the question of intellectual property is a subset of that question. We spend a lot of time talking about ideas and that's one of the things that connects us. We want to articulate a lot of the philosophical, abstract ideas in this film. And we will see if we can manage to do it in a new context. 'Steal This Film' interested a few people and this will be the next point of departure for discussion.</p>
<p><strong>Q: Peter, do you share Jamie's passion for Intellectual Property?</strong><br /> <br /><strong>Peter:</strong><br /><br />Not in the same way. I am very interested in the subject. Anybody who creates work is interested in it. In my last film, there is a constant commentary of a test match going on and as a result of it, it is almost impossible to sell it to television; people who own the rights to the cricket say that we have to pay them thousands of pounds! I am interested in documenting the world as it is and not what is cleaned up for TV. I am interested in the specifics. If you get on a bus in London, the ringtone everyone has on a mobile phone is not a ringtone but a particular song. But you can't put that on film because Mick Jagger, or whoever the artiste is, will want ten thousand pounds for it. The frustration that I face is that it is impossible to put the world that I see in front of me on film. I used to work with TV commercials and you would never see anything in commercials that is not the product being sold. I was once working on a Coca Cola commercial in New York and there was a person who was appointed by Coca Cola to go around the whole set to ensure that no one is drinking anything that is not made by Coca Cola, whether that is water or juice. Anything. And I think all that is about creating a creased world that we don't live in. I am interested in the world, through documentaries or fiction, that we live in. And it is bits of music, it is referenced films, we reference music, we reference sport. Just because people have rights over these, you never see them on film. That is my main area of interest, more than what is happening on the legal front.</p>
<p><img class="image-inline image-inline" src="uploads/stf.jpg/image_preview" alt="stf" height="400" width="284" /> <img class="image-inline image-inline" src="uploads/copy_of_steal_this_film_2.jpg/image_preview" alt="steal this film" height="400" width="280" /></p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/dark-fibre-files'>https://cis-india.org/a2k/blogs/dark-fibre-files</a>
</p>
No publishersiddharthhistories of internet in Indiainternet and societyDigital AccessIntellectual Property RightsYouTubeart and interventionPiracyOpen Accessinnovationdigital artists2011-08-04T04:41:31ZBlog EntryThe 'Dark Fibre' Files: Cable TV Technology for Dummies
https://cis-india.org/a2k/blogs/the-dark-fibre-files-cable-tv-technology-for-dummies
<b>In the fourth entry documenting the making of 'Dark Fibre', a film by Jamie King and Peter Mann, Siddharth Chadha simplifies cable TV technology for the uninitiated. </b>
<p> </p>
<p>Confused about the difference between an MSO and a COAX? Well, this will simplify cable TV for you.</p>
<p>The system of providing television to consumers using radio frequency signals transmitted to televisions using fixed optical fibers or co-axial cables is called cable television. This is different from the over-the-air method used in traditional television broadcasting (via radio waves) for which a television antenna is required. FM radio programming, high-speed internet, telephony, and similar non-television services may also be provided.</p>
<p>Still confused? It's simple.</p>
<p>Your local cablewallah is a Private Cable Operator, a private small cable company dealing/competing with the Multi System Operators (MSO), who is an operator of multiple cable systems. For example, Hathway, Siti Cable, In TV are MSOs who operate either directly or via small cablewallahs. When cable TV was first introduced in India, small entrepreneurs set up their private cable companies, providing anywhere between seven to twenty channels to their local neighborhoods. They put up their own cable dish to down-link the broadcast signals from the satellite. Up until 1997, this was the only way one could access cable television; but this changed with the entry of the Multi Service Operators, who used better technology to provide clearer pictures, better sound and up to a 100 channels.</p>
<p>The broadcaster up-links the signal to their channel via satellite. The MSO down-links this signal, using a control room or a rear end. Inside the control room would be a set of RF signal modulators. Scientific Atalanta is an industry standard in India that provides control room equipment to various MSOs. The MSOs, which started off with analog technology to transmit their signals, are now moving to digital cable, delivering cable television as digital data instead of an analog frequency.</p>
<p>Because many MSOs continue to use analog transmission for low-numbered channels, and digital transmission for higher channels, a typical digital cable box is also able to convert traditional analog cable signals. Despite the advance of cable-ready television sets, most users need a cable box to receive digital channels. However, customers who do not subscribe to any digital channels can go without; MSOs provide "basic cable" service within the analog range, avoiding the need for distributing a box. However, advanced carrier services such as pay per view and video on demand will require a box.</p>
<p>Digital television allows for a higher quality and quantity of cable TV signals. Digital transmission is compressed and allows a much greater capacity than analog signals it almost completely eliminates interference. Digital converters have the same purpose as analog ones but are able to receive digital cable signals. With more data than analog in the same bandwidth, the system delivers superior picture and sound quality.</p>
<p>The MSO further re-transmits the RF signal from to the cablewallah, via coaxial optical cables or simply known as COAX that in turn boosts this signal using amplifiers and provide it to various homes using a common type of optical cable called RG6. The term RG was initially used by the US Military as an abbreviation for Radio Guide, but the term is now obsolete. RG6, in common practice, refers to coaxial cables with an 18 AWG center conductor and 75 ohm characteristic impedance. It typically has a copper-coated steel center conductor and a combination aluminum foil/aluminum braid shield. They are usually fitted with F connector style, in each end.</p>
<p align="center"><img class="image-inline image-inline" src="uploads/submarineumbilicalcable259620.jpg/image_preview" alt="Submariine Umblical Cable" height="386" width="400" /></p>
<p>Once the signal reaches a cablewallah, the responsibility of the MSO ends, and it is up to the Cable Operator to maintain and distribute cable television from there onwards. Once the signal reaches the consumer's home, it is processed by a television converter box, popularly known as a set top box. A set top box is an electronic tunning device that transposes or converts any of the available channels from a cable television service to an analog RF signal on a single channel. The device enables televisions which are not cable ready to receive cable channels.</p>
<p align="center"><img class="image-inline image-inline" src="uploads/SetTopBox.jpg/image_preview" alt="Set Top Box" height="125" width="400" /></p>
<p>Modern set top boxes have a descrambling ability. The past three years have seen the entry of Direct to Home Pay TV operators, such as Tata Sky or Dish TV in the market, taking the technology to a new levels of sophistication, where the customers use a small cable dish to down-link the broadcasters signals which are processed with a set top box. In case of premium television, or paid channels, the broadcaster up-links an encrypted or a scrambled signal. When the signal reaches the home of the end user, it is reprocessed using a set top box, thus descrambling it and making it available for viewing on Television. A descrambler must be used with a cable converter box to be able to unencrypt all the premium and pay-per-view channels of a cable television system.</p>
<p align="center"><img class="image-inline image-inline" src="uploads/DTHDish.jpg/image_preview" alt="DTH DISH" height="388" width="400" /></p>
<p>Now, put on that television, forget the tech and get back to the latest IPL match!<em><br /></em></p>
<p><em>With inputs from MSOs, Local Cable Operators and Wikipedia for definitions of terms.</em></p>
<p> </p>
<p> </p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/the-dark-fibre-files-cable-tv-technology-for-dummies'>https://cis-india.org/a2k/blogs/the-dark-fibre-files-cable-tv-technology-for-dummies</a>
</p>
No publishersachiaPiracyIntellectual Property RightsCable TV2011-08-04T04:41:52ZBlog EntryRecommendations for the Covid Vaccine Intelligence Network (Co-Win) platform
https://cis-india.org/internet-governance/blog/an-analysis-of-the-covid-vaccine-intelligence-network-co-win-platform
<b></b>
<p style="text-align: justify;" dir="ltr"> </p>
<p style="text-align: justify;" dir="ltr">The first confirmed case of Covid-19 was recorded in India on January 30, 2020, and India’s vaccination drive started 12 months later on January 16, 2021; with the anxiety and hope that this signals the end of the pandemic. The first phase of the vaccination drive identified healthcare professionals and other frontline workers as beneficiaries. The second phase, which has been rolled out from March 1, covers specified sections of the general population; those above 60 years and those between 45 years and 60 with specific comorbid conditions. The first phase also saw the deployment of the Covid Vaccine Intelligence Network (Co-Win) platform to roll out and streamline the Covid 19 vaccination process. For the purpose of this blog post, the term CoWIn platform has been used to refer to the CoWin App and the CoWin webportal. </p>
<p style="text-align: justify;" dir="ltr">During the first phase, <a href="https://www.livemint.com/news/india/covid-vaccination-in-india-health-min-says-registering-with-cowin-is-mandatory-11610678273260.html">it was mandatory </a>for the identified beneficiaries to be registered on the Co-Win App prior to receiving the vaccine. The Central Government had earlier indicated that it would be mandatory for all the future beneficiaries to register on the Co-Win app; however, the Health Ministry hours before the roll out of the second phase <a href="https://www.livemint.com/news/india/cowin-app-not-for-vaccine-registration-visit-its-portal-instead-ministry-of-health-11614581076188.html">tweeted t</a>hat beneficiaries should use the Co-Win web portal (not the Co-Win app) to register themselves for the vaccine. The App which is currently available on the play store is only for administrators; it will not be available for the general public. Beneficiaries can now access the vaccination by; (i) registering on the CoWin website; or (ii) Certain vaccination (sites) have a walk-in-facility: On-site registration, appointment, verification, and vaccination will all be on-site the same day; or (iii) register and get an appointment for the vaccination through the Aarogya Setu app. </p>
<p style="text-align: justify;" dir="ltr">The scale and extent of the global pandemic and the Covid-19 vaccination programme differs significantly from the vaccination/immunisation programmes conducted by India previously, and therefore, the means adopted for conducting the vaccination programme will have to be modified accordingly. However, as<a href="https://www.firstpost.com/india/glitches-in-cowin-2-0-hold-up-vaccination-centre-must-upgrade-app-capacity-to-meet-demand-say-experts-9361051.html"> several newspaper reports</a> have indicated the roll out of the CoWin platform has not been smooth. There are<a href="https://www.indiatoday.in/cities/mumbai/story/technical-glitches-in-cowin-app-again-affects-vaccination-drive-at-vaccination-centres-1769410-2021-02-15"> several glitch</a>es; from the user data being incorrectly registered, to beneficiaries not receiving the one time password required to schedule the appointment. </p>
<p style="text-align: justify;" dir="ltr">An entirely offline or online method (internet penetration is at 40% ) to register for the vaccine is not feasible and a hybrid model (offline registration and online registration) should be considered. However, the specified platform should take into account the concerns which are currently emanating from the use of Co-Win and make the required modifications. <br /> </p>
<h3 style="text-align: justify;">Privacy Concerns </h3>
<p style="text-align: justify;" dir="ltr">When the beneficiary uses the Co-Win website to register, she is required to provide certain demographic details such as name, gender, date of birth, photo identity and mobile number. Though Aadhar has been identified as one of the documents that can be uploaded as a photo identity, the Health Ministry in a response to a RTI filed by the Internet Freedom Foundation (IFF) clarified that Aadhaar is nor mandatory for registration either through the Co-Win website or through Aarogya Setu. While, the Government has clarified that the App cannot be used by the general public to register for the vaccination, it still leaves open the question of the status of the personal data of the beneficiaries identified in the first phase of the process, who were registered on the App, and whose personal details were pre-populated on the App. In fact in certain instances,<a href="https://www.thenewsminute.com/article/teething-troubles-privacy-concerns-look-co-win-india-s-vaccine-portal-142015"> Aadhar details</a> were uploaded on the app as the identity proof, without the knowledge of the beneficiary. </p>
<p style="text-align: justify;" dir="ltr">These concerns are exacerbated in the absence of a robust data protection law and with the knowledge that the Co-Win platform (App and the website) does not have a dedicated independent privacy policy. While the Co-Win web portal does not provide any privacy policy, the <a href="https://play.google.com/store/apps/details?id=com.cowinapp.app">privacy policy</a> hyperlinked on the App directs the user to the Health Data Policy of the <a href="https://ndhm.gov.in/health_management_policy">National Health Data Management Policy, 2020.</a> The Central Government approved the Health Data Management Policy on December 14, 2020. It is an umbrella document for all entities operating under the digital health ecosystem. </p>
<p style="text-align: justify;" dir="ltr">An analysis of the Health Policy against the key internationally recognised privacy principles which are represented in most data protection frameworks in the world, including the Personal Data Protection Bill, 2019, highlights that the Health Policy does not provide any information on data retention, data sharing and the grievance redressal mechanism. It is important to note that the Health policy has also been framed in the absence of a robust data protection law; the Personal Data Protection Bill is still pending before Parliament. </p>
<p style="text-align: justify;" dir="ltr">The Co-WIn website does not provide any separate information on how long the data will be retained, whether the data will be shared and how many ministries/departments have access to the data. </p>
<p style="text-align: justify;" dir="ltr">A National Health Policy cannot and should not be used as a substitute for specific independent privacy policies of different apps that may be designed by the Government to collect and process the health data of users. Health Data is recognised as sensitive personal data under the proposed personal data protection bill and should be accorded the highest level of protection. This was also reiterated by the Karnataka High Court in its<a href="https://www.livelaw.in/news-updates/karnataka-high-court-privacy-article-21-constitution-aarogya-setu-app-168950"> recent interim order</a> on Aarogya Setu. It held that medical information or data is a category of data to which there is a reasonable expectation of privacy, and “the sharing of health data of a citizen without his/her consent will necessarily infringe his/her fundamental right of privacy under Article 21 of the Constitution of India.” <br /><br /></p>
<h3 style="text-align: justify;">Link with Aarogya Setu</h3>
<p style="text-align: justify;" dir="ltr"> A beneficiary registered on the Co-Win platform can use the Aarogya Setu App to download their vaccination certificate. Beneficiaries have now also been provided an option to register for vaccination through Aarogya Setu. However, the rationale for linking the two separate platforms is not clear, especially as Aaroya Setu has primarily been deployed as a contact tracing application. </p>
<p style="text-align: justify;" dir="ltr">There is no information on whether the data (and to what extent) that is stored in the Co-Win platform will be shared with Aarogya Setu. It is also not clear whether the consent of the beneficiary registered on the Co-Win platform will be obtained again prior to sharing the data or whether registration on the Co-Win platform will be regarded as general consent for sharing the data with Aarogya Setu. This is contrary to the principle of informed consent (i.e the consent has to be unambiguous, specific, informed and voluntary), which a data fiduciary has to comply with prior to obtaining personal data from the data principal. The privacy policy of Aarogya Setu has also not been amended to reflect this change in the purpose of the App.<br /> </p>
<h3 style="text-align: justify;">Co-Win registration as an entry to develop health IDs?</h3>
<p style="text-align: justify;" dir="ltr"> One of the objectives of the Health Data Management Policy is to develop a digital unique health ID for all the citizens. The National Health Data Management Policy states that participation in the National Health Data Ecosystem is voluntary; and the participants will, at any time, have the right to exit from the ecosystem. Currently, the policy has been rolled out on a pilot basis in 6 union territories, namely; Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Puducherry, Ladakh and Lakshadweep. As Health is a state subject under the Indian Constitution, <a href="https://scroll.in/latest/972361/new-health-data-policy-may-be-misused-for-surveillance-chhattisgarh-minister-writes-to-vardhan">Chhattisgarh</a> has raised concerns about the viability and necessity of the policy, especially in the absence of a robust data protection legislation. </p>
<p style="text-align: justify;" dir="ltr"> Mr. R.S. Sharma, the Chairperson of the ‘Empowered Group on Technology and Data Management to combat Covid-19’ had in an <a href="https://www.indiatoday.in/coronavirus-outbreak/vaccine-updates/story/exclusive-besides-co-win-aarogya-setu-self-register-indi-vaccine-drive-1760833-2021-01-20">interview to India Today</a> stated “ “Not just for vaccinations, but the platform will be instrumental in becoming a digital health database for India”. This indicates that this is an initial step towards generating health ID for all the beneficiaries. It would also violate the<a href="https://www.accessnow.org/india-cowin-app/"> principle of purpose limitatio</a>n, that data collected for one purpose (for the vaccine) cannot be reused for another (for the creation of the Digital Health ID system) without an individual’s explicit consent and the option to opt-out.<br /><br /></p>
<h3 style="text-align: justify;">Conclusion</h3>
<p style="text-align: justify;" dir="ltr"> <a href="https://www.thehindu.com/opinion/editorial/injecting-confidence-the-hindu-editorial-on-indias-covid-19-vaccination-drive/article33595220.ece">Given India’s experience and reasonable success with childhood immunisation</a>, there is reasonable confidence that the country has the ability to scale up vaccination. However, the vaccination drive should not be used as a means to set aside the legitimate concerns of the citizens with regard to the mechanism deployed to get pet people to register for the vaccination drive. As a first step it is essential that Co-Win has a separate dedicated privacy policy which conforms to the internationally accepted privacy principles and enumerated in the Personal Data Protection Bill. It is also essential that Co-Win or any other app/digital platform should not be used as a backdoor entry for the government to create unique digital health IDs for the citizens, especially without their consent and in the absence of a robust data protection law. </p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/blog/an-analysis-of-the-covid-vaccine-intelligence-network-co-win-platform'>https://cis-india.org/internet-governance/blog/an-analysis-of-the-covid-vaccine-intelligence-network-co-win-platform</a>
</p>
No publisherPallavi BediAarogya SetuHealth TechPiracyinternet governanceHealthcaree-Governance2021-03-25T13:14:46ZBlog EntryPiracy Studies in India
https://cis-india.org/a2k/blogs/piracy-studies-india
<b>The word ‘piracy’ assumes negative connotations. In the imagination of an ordinary middle class urban Indian it is linked directly to the informal economy, crime and even terrorism. But the ‘pirated good’, that is, the ‘optical disc’ is not seen with a similar perception. The ‘CD’ is the access key to the cultural wealth of music, cinema and software contained inside. This paradox is created in the sphere of information and knowledge that is created by anti-piracy agencies using extensive reports and statistics that are published every year. These statistics often have a tendency to create a feeling of ‘shock and awe’ for the readers that see these numbers splashed across headlines of news and media reports. Till 2004, the creation of numbers conjuring losses up to millions was mostly the domain of the International Intellectual Property Alliance (IIPA), which is now supplemented by reports commissioned to consultancy groups like McKinsey, PWC, and Ernst & Young. This article by Siddharth Chadha traces a few reports that have come to become popular benchmarks of piracy in the past few years. </b>
<h3>Special ‘301’ Reports</h3>
<p>The ‘Special 301 Reports’ are published annually by the office of the <a class="external-link" href="http://www.ustr.gov/">United States Trade Representative</a> (USTR) to examine ‘in detail the adequacy and effectiveness of intellectual property rights protection’ in countries around the globe. Sections 301-310 of the Trade Act of 1974, as amended by the Omnibus Trade and Competitiveness Act of 1988, empower the USTR ‘to identify foreign countries that deny adequate and effective protection of intellectual property rights or fair and equitable market access for U.S. persons that rely on intellectual property protection.’ </p>
<p>India has faced considerable pressure to amend and enforce its copyright laws, more to the needs of the United States rather than reflecting the needs of its population, businesses and innovation. The 301 reports over the last decade have been largely concerned with the general problems of counterfeit and piracy in India, unlike China where specific laws adopted and enforced by the state have been critiqued. Over the course of the decade, according to the reports, the United States has been concerned with a large number of subjects including the backlog and inadequacy of India’s legal system, lack of enforcement of IP protections for media oriented products like ‘motion pictures, music, software, books and video games’, need for stronger protection of copyrights, trademarks and patents, optical media and procedural inadequacies. In 2004 the USTR reported, ‘copyright piracy is rampant, and the U.S. copyright industry estimates that lost sales resulting from piracy in India of U.S. motion pictures, sound recordings, musical compositions, computer programmes, and books totaled approximately $500 million in 2004.’</p>
<p>The United States articulates the reasons for concern in India – the challenge posed by Indian pirated and counterfeit goods entering American markets. It expresses its concern for lack of piracy enforcement as ‘‘growing concern for U.S. copyright industries, especially given the <a class="external-link" href="http://ustraderep.gov/assets/Document_Library/Reports_Publications/2002/2002_Special_301_Report/asset_upload_file567_6367.pdf">pirated imports are entering the market from Southeast Asia</a>.</p>
<p>Over the past few years, it has also included suggestions of taking criminal action against those engaging in copyright infringement. India’s supposed ‘weak’ criminal system is mentioned in the 2008 reports, focused specifically on the need for a greater police presence enforcing <a class="external-link" href="http://www.ustr.gov/sites/default/files/asset_upload_file553_14869.pdf">IPR infringements</a> through criminal means and ‘stronger’ border control.</p>
<h3>The Effects of Counterfeiting and Piracy on India’s Entertainment Industry</h3>
<p>Published in March 2009 by <a class="external-link" href="http://www.usibc.com/usibc/default">United States-India Business Council</a> (USIBC) and prepared by Ernst and Young India, claims that as much as Rs.16, 000 crores are lost due to piracy. Alongside, as many as 80,000 jobs are lost directly as a result of theft and piracy, afflicting India’s entertainment industry. This report was commissioned as a part of the USIBC–FICCI Bollywood–Hollywood initiative and covered film, music, television and video games. It was funded by the <a class="external-link" href="http://www.theglobalipcenter.com/">Global Intellectual Property Center of the U.S. Chamber of Commerce</a>. The spectacular press launch meeting was organized in Mumbai and also attended by Yash Chopra, chairman of <a class="external-link" href="http://www.ficci-frames.com/">FICCI Frames</a> and Ramesh Sippy, the famed director who commented on the occasion, “I know first hand the importance of fighting piracy to support the growth of Bollywood. I commend the USIBC–FICCI initiative for enlisting all elements of the entertainment industry against piracy.” The President of USIBC, Ron Summers used the opportunity to suggest stronger legal means to tackle piracy. He said, “We strongly support passage by India of optical disc legislation that will thwart piracy in this important industry. We are pleased to stand shoulder to shoulder with counterparts in India to help protect jobs and revenues that are now being needlessly lost to piracy.”</p>
<h3>Sixth Annual BSA and IDC Global Software Piracy Study</h3>
<p>Business Software Alliance, in partnership with a market analysis firm IDC, published their annual study on global trends in software piracy in May 2009. Sixth in its annual series, the report critically blames the Asia Pacific region, especially India and China, for the growing levels in piracy, despite countries bringing down their piracy rates. The report says, ‘In 2008, the rate of PC software piracy dropped in slightly more than half (57) of the 110 countries studied, remained the same in nearly one third (36), and rose in just 16. However, the worldwide PC software piracy rate rose for the second year in a row, from 38 per cent to 41 per cent, mainly because <a class="external-link" href="http://global.bsa.org/globalpiracy2008/pr/pr_asia.pdf">PC shipments grew fastest in high-piracy countries such as China and India, overwhelming progress in these and other countries</a>.’</p>
<p>In addition, it also makes an India specific point by highlighting India’s piracy trends,<br /><br />‘India’s rate has dropped six points in five years, despite its sprawling PC market, of which consumers and small businesses account for 65 per cent. <a class="external-link" href="http://global.bsa.org/globalpiracy2008/pr/pr_asia.pdf">While consumer PC shipments grew more than 10 per cent last year, shipments to other categories dropped 7 per cent</a>.’</p>
<h3>Motion Pictures Distributors Association’s Internet Piracy Studies</h3>
<p>Earlier this month, the MPA Office in India named Motion Pictures Distributors Association, along with a DtecNet a global anti-piracy company, released a study on the Internet piracy trends in India. This report places India as the fourth largest global hub of online film piracy, behind United States, Britain and Canada, with Delhi, Bangalore and Mumbai accounting for the major share of illegal downloads. It estimates that Vishal Bhardwaj’s Kaminey, was downloaded 350, 000 times on Bit Torrent with about 2/3rds of downloaders being from India. MPDA also links this study to another consultancy, Envisional’s similar suggestions, while MPDA’s managing director, Rajiv Dalal pushed for strong laws to support copyright, strong enforcement and stiff sentences for people who violate laws, on the basis of these <a class="external-link" href="http://www.dtecnet.com/EN/Press.aspx">reports</a>.</p>
<p>Despite the availability of a large number of critiques available in the academic world, the media – both broadcast and print, reports shock inducing statistics verbatim, treating them as expert evidence without engaging in any analysis of the published material. Most of the piracy studies are quantitative in nature and do not provide any social class or demographic break up either of those who engage in piracy or those who buy pirated goods. It has also been pointed out by scholars like Shujen Wang that it is unreasonable to assume that every pirated copy could be counted as a lost sale, and thus a loss. In absence of research on the cultural aspects of piracy and the subsequent circulation, these reports have been successful in creating a fear psychosis in the civil society.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/piracy-studies-india'>https://cis-india.org/a2k/blogs/piracy-studies-india</a>
</p>
No publisherpraskrishnaPiracyIntellectual Property Rights2011-08-04T04:35:42ZBlog EntryEntertainment industry and Internet piracy in focus
https://cis-india.org/news/www-the-hindu-sep-17-2012-krishnadas-rajagopal-entertainment-industry-and-internet-piracy-in-focus
<b>The first-of-its-kind initiative by the anti-piracy cell of the Kerala Police to register cases against 1,010 Internet users for uploading or downloading the Malayalam film Bachelor Party has sparked a debate between social media experts and legal puritans on what the law actually says.</b>
<hr />
<p class="body" style="text-align: justify; ">Krishnadas Rajagopal's article was <a class="external-link" href="http://www.thehindu.com/news/states/kerala/article3904909.ece">published</a> in the Hindu on September 17, 2012. Pranesh Prakash and Prashant Iyengar are quoted.</p>
<hr />
<p class="body" style="text-align: justify; ">Internet users and anti-monopoly advocates say the police action against movie downloaders is “questionable.” They argue how the Copyright Act, 1957, has given wide exception to those who disseminate copyright works for “personal and private use.”</p>
<p class="body" style="text-align: justify; ">Legal puritans, on the other hand, quote the same 1957 law and the Information Technology (IT) Act, 2000, to argue that the State police have not done anything wrong.</p>
<p class="body" style="text-align: justify; ">They say the act of uploading and downloading a copyrighted cinematographic work amounts to publishing and transmitting it, respectively.</p>
<p class="body" style="text-align: justify; ">They cite Section 66 of the IT Act, 2000, that says a “hacker,” if found guilty, can get three years’ imprisonment, a fine up to Rs.2 lakh, or even both.</p>
<p class="body" style="text-align: justify; ">That’s not all. Section 43 of the same statute prescribes that a “hacker” may have to cough up Rs.1 crore in compensation in case of “damage to the computer system.”</p>
<p><b>Middle line</b></p>
<p style="text-align: justify; ">Some others draw the middle line about the police’s drive. They say that though downloading is as illegal as buying a pirated CD from the market and “ignorance of law is no excuse to escape prosecution under an existing law,” the sheer magnitude of registering mass cases against downloaders, probably on a global scale, is impractical.</p>
<p style="text-align: justify; ">“It is questionable whether downloading for personal use by itself constitutes an offence under the Copyright Act, 1957. The Act has created a wide exception for personal and private use,” says Pranesh Prakash, programme manager for Access to Knowledge, Openness, Internet Governance and Freedom of Speech at The Centre for Internet and Society in Bangalore.</p>
<p style="text-align: justify; ">The usage “personal and private use” in the Act can be better understood in the contrast — that is, downloading without any intention to “disseminate the cinematographic work to a community you are not provisionally associated to.”</p>
<p><b>Legislative intent</b></p>
<p style="text-align: justify; ">Prashant Iyengar, Assistant Professor and Assistant Director, Centre for Intellectual Property Rights Studies, Jindal Global Law School, says the legislative intent behind the wide exceptions given to dissemination of work in the 1957 law is actually strengthening the public domain.</p>
<p style="text-align: justify; ">“In India under the Copyright Act, we have a robust regime of fair dealing rights to ensure that information cannot be monopolised at the expense of the public’s access to information,” he says.</p>
<p style="text-align: justify; ">He refers to Section 52 of the Act that allows reproduction of literary, artistic, musical, and dramatic works for research and private uses without any “quantitative restriction” on the amount that may be copied. “However, cinematographic works do not fall under this exception,” he says.</p>
<p style="text-align: justify; ">Under Section 51, a single copy of a cinematographic work could be “imported” to India for personal and domestic use. This would not amount to copyright infringement.</p>
<p style="text-align: justify; ">“But it is currently unsettled in law whether Section 51 would protect users downloading movies for their personal use. On the other hand, if you receive a copy of a movie CD by post, this section would clearly apply,” Mr. Iyengar says.</p>
<p style="text-align: justify; ">Pavan Duggal, senior Supreme Court lawyer specialising in cyber laws, differs in his opinion. As far as he is concerned, the law is clear against copyright infringement.</p>
<p style="text-align: justify; ">He says unauthorised downloading of movies also attracts action under the IT Act, 2000. “The legal perspective is that when you upload a pirated copy, you are doing an act of publishing and when you click the ‘download’ button, you are transmitting data in an electronic format for the purpose of diminishing the value of electronic information,” he says.</p>
<p style="text-align: justify; ">“The Kerala Police have not done anything fundamentally wrong by registering cases against uploaders and downloaders. When I am creating a film, I have copyright to both cinematic and electronic versions. In case of infringement, I can act by suing for damages, injunction, in addition to exposing the person to criminal liability under the Copyright Act,” Mr. Duggal says.</p>
<p style="text-align: justify; ">However, Mr. Iyengar vehemently counters the point. He asks a “pertinent” question — how the Kerala Police conducted their probe and how the Internet Protocol addresses were obtained when Internet service providers have strict privacy obligations against disclosure of any such details, except to government authorities.</p>
<p style="text-align: justify; ">“In this case, one hears that a private investigation firm called ‘Jadoo Infotech’ was involved in conducting ‘cyber-patrolling,’ which is not authorised by any law. They would be guilty of the digital equivalent offence of ‘lurking house trespass’,” Mr. Iyengar says.</p>
<p style="text-align: justify; ">But Nandagopal Rajan, an associate editor with a technology magazine in Delhi, has a simple logic grounded in law.</p>
<p>“Anybody who is downloading illegally cannot seek protection. You are actually doing something illegal. On the flip side, how many people can you prosecute?” he asked.</p>
<p>
For more details visit <a href='https://cis-india.org/news/www-the-hindu-sep-17-2012-krishnadas-rajagopal-entertainment-industry-and-internet-piracy-in-focus'>https://cis-india.org/news/www-the-hindu-sep-17-2012-krishnadas-rajagopal-entertainment-industry-and-internet-piracy-in-focus</a>
</p>
No publisherpraskrishnaPiracyCopyrightAccess to Knowledge2012-09-17T10:00:54ZNews ItemEnforcement of Anti-piracy Laws by the Indian Entertainment Industry
https://cis-india.org/a2k/blogs/piracy-and-enforcement
<b>This brief note by Siddharth Chadha seeks to map out the key actors in enforcement of copyright laws. These bodies not only investigate cases of infringement and piracy relating to the entertainment industry, but tie up with the police and IP law firms to pursue actions against the offenders through raids (many of them illegal) and court cases. Siddharth notes that the discourse on informal networks and circuits of distribution of cultural goods remains hijacked with efforts to contain piracy as the only rhetoric which safeguards the business interests of big, mostly multinational, media corporations.</b>
<h3>International Intellectual Property Alliance<br /></h3>
<p>The <a class="external-link" href="http://www.iipa.com/">International Intellectual Property Alliance</a> (IIPA) is an international lobby group of US media industries with close ties to the <a class="external-link" href="http://www.ustr.gov/">United States Trade Representative</a>. It has in its reports consistently expressed dissatisfaction with Indian efforts to deal with piracy. IIPA works in close cooperation the other US lobby groups like the MPAA (Motion Picture Association of America) and the BSA (Business Software Alliance). The IIPA reports, which place India in a 'danger zone', significantly influence regional and international discourses on piracy. Interestingly, the IIPA in India has been very successful in regionalizing and nationalizing a global discourse. Thus, in the past few years, local industry associations in India in cinema, music and software have independently run highly emotional campaigns against piracy, reminiscent of IIPA's own campaigns. </p>
<h3>Motion Pictures Association</h3>
<p>The <a class="external-link" href="http://www.mpaa.org/AboutUs.asp">Motion Picture Association of America</a> (MPAA) through its international counterpart, Motion Pictures Association (MPA), has been unofficially operational in India for the last 15 years. Its member companies are <a class="external-link" href="http://corporate.disney.go.com/">Walt Disney</a>, <a class="external-link" href="http://www.paramount.com/">Paramount</a>, <a class="external-link" href="http://www.sonypictures.in/">Sony Entertainment</a>, <a class="external-link" href="http://www.foxmovies.com/">Twentieth Century Fox</a>, <a class="external-link" href="http://www.patents.com/Universal-City-Studios-LLLP/Universal-City/CA/90328/company/">Universal Studios</a>, and <a class="external-link" href="http://www.warnerbros.com/">Warner Bros.</a> The MPA's work in India was mostly non-obtrusive till 1994 when MPA Asia-Pacific, based in Singapore, started being represented by the high profile legal firm Lall & Sethi Advocates.</p>
<p>They have collectively worked on forming enforcement teams for coordinated raids in Mumbai and Delhi since 1995. Earlier this year, MPA announced its first India office to be set up in Mumbai, called the <a class="external-link" href="http://www.mpda.in/hollywoodinvestment.html">Motion Picture Distributor's Association India (Pvt.) Limited</a> (MPDA), under the directorship of Rajiv Dalal. Mr. Dalal had previously directed strategic initiatives from the MPAA's Los Angeles office. The MPDA will engage itself in working jointly with local Indian film industries and the Indian government to promote the protection of motion pictures and television rights. </p>
<p>According to the organization's own assertion, in 2006 the <a class="external-link" href="http://www.filmpiracy.com/">MPA's Asia-Pacific operation</a> investigated more than 30,000 cases of piracy and assisted law enforcement officials in conducting nearly 12,400 raids. These activities resulted in the seizure of more than 35 million illegal optical discs, 50 factory optical disc production lines and 4,482 optical disc burners, as well as the initiation of more than 11,000 legal actions.</p>
<h3>Indian Music Industry</h3>
<p>The world's second-oldest music companies' association, <a class="external-link" href="http://www.indianmi.org/index.htm">Indian Music Industry</a> (IMI), was first established as Indian Phonographic Industry in 1936. It was re-formed in its present avatar in 1994, as a non-commercial and non-profit organization affiliated to the <a class="external-link" href="http://www.ifpi.org/">International Federation of Phonographic Industry</a> (IFPI) and is registered as a society in West Bengal. IMI members includes major record companies like <a class="external-link" href="http://www.saregama.com/">Saregama</a>, HMV, <a class="external-link" href="http://www.umusicindia.com/">Universal Music (India)</a>, <a class="external-link" href="http://www.tips.in/landing/">Tips</a>, <a class="external-link" href="http://www.venusgroup.org/newaudio/about_us.html">Venus</a>, <a class="external-link" href="http://www.sonybmg.co.in/">Sony BMG (India)</a>, Crescendo, Virgin Records, <a class="external-link" href="http://www.music-from-india.com/">Magnasound</a>, Milestone, <a class="external-link" href="http://www.timesmusic.com/">Times Music</a> and several other prominent national and regional labels that represent over 75 per cent of the output in corporate recordings.</p>
<p>It was one of the first organizations in the country to start the trend of hiring ex-police officers to lead anti-piracy operations. In 1996, IMI hired Julio Ribeiro (a former Commissioner of Police, Mumbai; Director General of Police, Punjab; and Indian Ambassador to Romania) to head its anti-piracy operations. Their anti-piracy work is split into three specific regions, North and North Eastern, Western and Southern and East, each zone headed by a former senior police officer. IMI operates through offices in Kolkata, Mumbai, New Delhi, Chennai, Bangalore and several other cities and towns across India, focusing on surveillance, law enforcement, and gathering intelligence through an 80 member team hired to tackle piracy. During 2001 to 2004, IMI registered over 5500 cases, seized over 10 lakh music cassettes, and around 25 lakh CDs.</p>
<h3>Business Software Alliance</h3>
<p>Headquartered in Washington DC, <a class="external-link" href="http://www.bsa.org/country.aspx?sc_lang=hi-IN">the Business Software Alliance has a regional office in Delhi</a>, and has been instrumental in conducting anti-piracy operations across the country. According to the <a class="external-link" href="http://www.bsa.org/country.aspx?sc_lang=hi-IN">BSA</a>, India ranks 20 in global software piracy rankings, with a rate of 73 per cent while the Asia Pacific average is 53 per cent. China ranks second with a rate of 92 per cent and annual losses of $3,823 million while Pakistan ranks nine with 83 per cent piracy rate. They have engaged the general public in providing them with information on pirated software through an anti-piracy initiative – The Rewards Programme. Launched in 2005, reward amount up to Rs.50, 000, would be provided for information leading to successful legal action against companies using unlicensed software. The reward program was aimed to encourage people to <a class="external-link" href="http://www.siliconindia.com/shownews/BSA_Nasscom_launch_initiative_to_curb_software_piracy-nid-27871.html">support the fight against piracy and to report software piracy to the NASSCOM-BSA Anti-Piracy Software Hotline</a>.</p>
<p>In 2006, <a class="external-link" href="http://www.bsa.org/country.aspx?sc_lang=hi-IN">BSA</a> and <a class="external-link" href="http://www.nasscom.org/">NASSCOM</a> got a shot in their arms by <a class="external-link" href="http://www.indianmba.com/Faculty_Column/FC39/fc39.html">winning the largest settlement amount for a copyright case in India</a>, with <a class="external-link" href="http://www.netlinxindia.com/">Netlinx India Pvt. Ltd</a>. The case had emerged after a civil raid was conducted at the premises of <a class="external-link" href="http://www.netlinxindia.com/">Netlinx</a> in December 2000, leading to inspection and impounding of 40 PCs, carrying illegal unlicensed software. The settlement includes damages of US$ 30,000, complete legalization of software used by them, removal of all unlicensed/pirated software and submission to an unannounced audit of computer systems during next 12 months.</p>
<h3>Industry Enforcers</h3>
<p>Bollywood Film and Music companies, such as <a class="external-link" href="http://www.tseries.com/">T-Series</a> and <a class="external-link" href="http://www.yashrajfilms.com/">Yashraj Films</a>, have established anti-piracy arms to combat piracy in specific markets. <a class="external-link" href="http://www.tseries.com/">T-Series</a> has been in the industry for over 15 years, as a brand of Gulshan Kumar founded Super Cassettes Industries Limited, and has often been at the forefront for conducting raids along with police officials to check piracy of its copyrighted content. In its latest announcement earlier this year, <a class="external-link" href="http://www.tseries.com/">T-Series</a> launched an<a class="external-link" href="http://www.thaindian.com/newsportal/entertainment/t-series-to-nab-digital-content-pirates-on-own_100200953.html"> anti-piracy campaign</a> against those stealing digital content. The announcement came after they filed a complaint on June 1 with a police station in Mangalore against Classic Video shop for infringement of its copyright works like <em>Billu</em>, <em>Ghajini</em>, <em>Aap Ka Suroor</em>, <em>Apne</em>, <em>Fashion</em> and <em>Karz</em> that had been illegally downloaded and copied onto multiple discs, card readers and pen-drives.</p>
<p><a class="external-link" href="http://www.yashrajfilms.com/">Yashraj Films</a>, a leading film studio, has long been a part of enforcement activities against piracy, both in the Indian market and internationally. Most recently, it was a key member in the formation of the United Producers and Distributors Forum, which also included chairman Mahesh Bhatt, Ramesh Sippy, Ronnie Screwalla of <a class="external-link" href="http://www.utvnet.com/">UTV</a>, Shah Rukh Khan, Aamir Khan and <a class="external-link" href="http://www.erosplc.com/">Eros International</a>. This organization is now trying to enforce anti-piracy laws by conducting raids across the country with the help of another ex-cop from Mumbai, A.A. Khan. <a class="external-link" href="http://www.yashrajfilms.com/">Yashraj Films</a> has also established anti-piracy offices in the United Kingdom and the United States to curb piracy in those markets, as overseas returns of its films, watched by the desi diaspora is one of its largest revenue earning sources. The website of <a class="external-link" href="http://www.yashrajfilms.com/">Yashraj Films</a> lists news reports from across US and Europe of instances of crackdown on pirates. </p>
<p>In the context of intellectual property in the creative industries, these anti-piracy agents have successfully created the halo of illegality around the subject of piracy. The discourse on informal networks and circuits of distribution of cultural goods remains hijacked with efforts to contain piracy as the only rhetoric which safeguards the business interests of big media companies and multinational corporations.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/piracy-and-enforcement'>https://cis-india.org/a2k/blogs/piracy-and-enforcement</a>
</p>
No publisherpraskrishnaPiracyIntellectual Property RightsAccess to Knowledge2011-08-04T04:35:48ZBlog EntryEmerging Bit Torrent Trends in India
https://cis-india.org/a2k/blogs/emerging-bit-torrrent-trends-in-india
<b>Internet has been a revelation ever since its introduction. The writer in this blog examines how the progress made by Internet based technologies could never be reversed.</b>
<h2>From Kazaa to The Pirate Bay</h2>
<p>Little did the world of the VHS era realize in its time where the future of pirate technologies were heading to. The world's favourite music and films were quickly transferred onto optical discs as magnetic tapes went obsolete a few years before the end of the last century. Internet was soon to become the nemesis of discs, which were bulky to store and scratched easily. The first tryst with peer to peer technologies on networks sent shivers down the spine of Jack Valenti and the Motion Pictures Association of America. The speed of dissemination and distribution of content over the Internet was something the world had never seen before. The lawsuits against peer to peer networks such as Kaaza and Limewire ran into millions of dollars. Websites were shut down, but time and progress of technology could never be reversed. BitTorrent soon became the most common protocol to transfer content over the Internet. BitTorrent metafiles themselves do not store copyrighted data. Hence, BitTorrent itself is not illegal. However, its use to make copies of copyrighted material that contravenes laws in many countries has created many controversies, including the now famous Pirate Bay Trial in Sweden. The popularity of torrents though
is not specific to the Western world. The strength of the Internet lies in its ability to generate content from any corner of the world
which is then spread across the world through a web of distribution reaching many computers and granting them access to the content simultaneously.<strong><br /></strong></p>
<h2><strong>Desi content on Torrent Networks</strong></h2>
<p><strong>Desi : A term derived from Sanskrit, meaning region, province or country. It now refers to the people and culture of South Asian Diaspora.</strong></p>
<p><strong>On the most popular BitTorrent search engines, <a href="http://torrentz.com/" target="_blank">torrentz.com</a>, Hindi and Hindi movies are permanent search tags. Often, one would even see the names of popular Bollywood releases such as Dev D, or at the time of writing this blog entry, Telegu Films, prominently displayed on the site. Bollywood and other content created in India and the rest of the subcontinent is driving the cyberspace. With a huge diaspora spread across every part of the world and increasing Internet penetration alongside rising broadband speeds in urban India, the demand for desi content on torrent networks is on the rise. Websites such as <a href="http://desitorrents.com/" target="_blank">desitorrents.com</a> and <a href="http://dctorrent.com/" target="_blank">dctorrent.com</a> are two torrent search engines that are popular amongst Internet users and cater exclusively to desi content. A closer look at the content on these sites reveal that the most popular content on these torrent networks are television shows, cricket matches, Bollywood movies, music and regional cinema. Torrent scenes such as aXXo are not unique to Hollywood uploads alone. Desi content has its own torrent scenes, responsible for uploading torrent trackers, as soon as the content is out in the public. Users identifying themselves as Jay, Captain Jack or Gunga Din are busy uploading these files on the desi networks.
</strong></p>
<p><strong>Online since January 2004 and an Internet traffic rank of 7,302, an average visitor spends 8.3 minutes on the Desi Torrents site everyday. Relative to the general Internet population, the website has the highest number of male visitors in the age group of 18 to 34.<br /></strong></p>
<p><strong>Most users are college graduates who prefer to access the website from home. In comparison, Desi Club Torrents, which is a free website has
a younger representative web demographic with males between 18 to 24 years of age being the most prominent visitors. According to the
data, it is also revealed that the website has a higher ratio of visitors who have not attended Graduate School but still have attended some college for education</strong></p>
<h2><strong>Impact on the Traditional Markets</strong></h2>
<strong>
</strong>
<p><strong>In most cases, the popularity of Bollywood films in cinema halls and
on torrent sites seems to be linked. For example, the most successful
Bollywood film of 2008, Ghajini, which ended up raking Rs. 200 crores
on the box office, is also one of the most downloaded films on Bit
Torrent Networks. However, for the Pirate selling DVD's of latest
films, this is not great news. A majority of their customers have migrated to
downloading films on the Internet using Peer to Peer technologies.
The upper middle-class niche film watching audiences, have been the
fastest to acquire computers and get on the Internet. Increasing
broadband speeds have ensured that this segment of consumer
transitions away from the traditional 'on the corner' pirate shop. </strong></p>
<p><strong> </strong></p>
<p><strong> </strong></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/emerging-bit-torrrent-trends-in-india'>https://cis-india.org/a2k/blogs/emerging-bit-torrrent-trends-in-india</a>
</p>
No publishersiddharthCyberspaceinternet and societyPiracyIntellectual Property Rightscyberculturescyberspaces2011-08-04T04:44:48ZBlog EntryConsumers International IP Watch List 2009
https://cis-india.org/a2k/blogs/consumers-international-ip-watch-list-2009
<b>In response to the US Special 301 report, Consumers International brought out an IP Watch List. CIS contributed the India Country Report for the Watch List.</b>
<p>Every year the Office of the United States Trade Representative (USTR) publishes a report known as the Special 301 Report, documenting IP regimes in various countries, and publishing a list of those countries which do not afford 'adequate and effective' protection for US intellectual property. This year <a class="external-link" href="http://www.consumersinternational.org">Consumers International</a>, which set up the <a class="external-link" href="http://a2knetwork.org">A2K Network</a>, published a counter-report, the <a class="external-link" href="http://a2knetwork.org/watchlist">IP Watch List 2009</a> for which the <a class="external-link" href="http://a2knetwork.org/reports2009/india">India report</a> [pdf <a href="https://cis-india.org/../publications/cis-publications/pranesh/IP%20Watch%20List%20-%20India%20Report.pdf" class="internal-link" title="CI IP Watch List 2009 - India Report">here</a>] was prepared by the Centre for Internet and Society. While the Special 301 Report labels India a "Priority Watch List" country (meaning that it has an IP regime least conducive to the trade interests of the United States), the Consumers International report holds India to have the most consumer-friendly and balanced IP regulation amongst the sixteen countries surveyed. The CI report lambasts the USTR's attempts to make countries comply with unreasonable demands which go over and above the countries' international obligations. For instance, the WIPO Internet Treaties, which have been criticised by many, is sought to be imposed on countries like Israel, India, and Canada. <a class="external-link" href="http://www.michaelgeist.ca/content/view/62/128/">Prof. Michael Geist</a> of the University of Ottawa even notes that piracy levels and accession to the WCT and WPPT do not seem to be correlated: "In fact, only five countries that have ratified the WIPO Internet treaties have software piracy rates lower than Canada." Still, the USTR has placed both India, whose IP laws are being praised by Consumers International and Canada, which has low piracy rates even by the accounts of the <a class="external-link" href="http://www.economist.com/opinion/displaystory.cfm?story_id=3993427">notoriously propagandist BSA</a>, have both been placed in the Priority Watch List. The reasons for doing so are not all that unclear if we look at who really shapes the USTR's Special 301 report.</p>
<p>The India section of the <a class="external-link" href="http://www.ustr.gov/sites/default/files/Full%20Version%20of%20the%202009%20SPECIAL%20301%20REPORT.pdf">USTR Special 301 report [pdf]</a> (pp. 18-19) notes:<br /> "India will remain on the Priority Watch List in 2009. India has made progress on improving its IPR infrastructure, including through the modernization of its IP offices and the introduction of an e-filing system for trademark and patent applications. Further, the IP offices have started the process of digitization of intellectual property files. In addition, the Indian ministerial committee on IPR enforcement has supported the creation of specialized IPR police units. Customs enforcement has also improved through the implementation of the 2007 IPR (Imported Goods) Enforcement Rules as well as by seizures of unlicensed copyrighted goods intended for export. However, the United States remains concerned about weak IPR protection and enforcement in India. The United States continues to urge India to improve its IPR regime by providing stronger protection for copyrights and patents, as well as effective protection against unfair commercial use of undisclosed test and other data generated to obtain marketing approval for pharmaceutical and agrochemical products. The United States encourages India to enact legislation in the near term to strengthen its copyright laws and implement the provisions of the WIPO Internet Treaties. The United States also encourages India to improve its IPR enforcement system by enacting effective optical disc legislation to combat optical disc piracy. Piracy and counterfeiting, including of pharmaceuticals, remain a serious problem in India. India’s criminal IPR enforcement regime remains weak. Police action against those engaged in manufacturing, distributing, or selling pirated and counterfeit goods, and expeditious judicial dispositions for IPR infringement and imposition of deterrent-level sentences, is needed. As counterfeit medicines are a serious problem in India, the United States is encouraged by the recent passage of the Drugs and Cosmetics (Amendment) Act 2008 that will increase penalties for spurious and adulterated pharmaceuticals. The United States urges India to strengthen its IPR regime and stands ready to work with India on these issues during the coming year."</p>
<p>Large chunks of it seem to have been 'borrowed' from the <a class="external-link" href="http://www.iipa.com/rbc/2009/2009SPEC301INDIA.pdf">IIPA submissions</a>. The IIPA (International Intellectual Property Alliance), which is made up of US-based IP-maximalist lobbyists like the Motion Picture Association of America, Recording Industry Association of America, National Music Publishers Association, Association of American Publishers, and Business Software Alliance, is a body that was created to lobby the USTR to impose trade sanctions on those countries which did not follow the path that IIPA thought best for those countries.<br />Interestingly, the IIPA submissions talk not of IIPA's concern about weak IPR protection and enforcement in India, but instead states: "the United States remains concerned about weak IPR protection and enforcement in India". This exact line even manages to finds itself in the USTR Special 301 report. Many IIPA complaints find themselves as USTR recommendations, including: a) fast-track judical dispositions of IP cases; b) special laws against optical disc piracy; c) ratification of the WCT and WPPT (the "WIPO Internet Treaties"); d) increased criminal enforcement of intellectual property.</p>
<p>Thus, the Special 301 report emerges as a <a class="external-link" href="http://www.zeropaid.com/news/86148/is-putting-canada-on-a-priority-watchlist-going-to-backfire/">discredited report</a> that the US's trade partners should not (and by <a class="external-link" href="http://www.michaelgeist.ca/content/view/3911/125/">many accounts</a> <a class="external-link" href="http://www.michaelgeist.ca/content/view/2870/125/">do not</a>) pay attention to. Measurement of IP balance and consumer-friendliness such as the Consumers International IP Watch List are more important, and should eventually lead to a <a class="external-link" href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1021065">measurement index for Access to Knowledge</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/consumers-international-ip-watch-list-2009'>https://cis-india.org/a2k/blogs/consumers-international-ip-watch-list-2009</a>
</p>
No publisherpraneshPiracyConsumer RightsIntellectual Property RightsFair Dealings2011-08-04T04:42:27ZBlog EntryComment by CIS at ACE on Presentation on French Charter on the Fight against Cyber-Counterfeiting
https://cis-india.org/a2k/blogs/ace-7-french-charter-cis-comment
<b>The seventh session of the World Intellectual Property Organization's Advisory Committee on Enforcement is being held in Geneva on November 30 and December 1, 2011. Pranesh Prakash responded to a presentation by Prof. Pierre Sirinelli of the École de droit de la Sorbonne, Université Paris 1 on 'The French Charter on the Fight against Cyber-Counterfeiting of December 16, 2009' with this comment.</b>
<p> </p>
<p>Thank you, Chair. I speak on behalf of the Centre for Internet and Society. First, I would like to congratulate you on your re-election.<br /><br />And I would like to congratulate Prof. Sirenelli on his excellent presentation.<br /><br />I would like to flag a few points, though:</p>
<ol><li>One of the benefits of normal laws, as opposed to the soft/plastic laws, which he champions, is that normal laws are bound by procedures established by law, due process requirements, and principles of natural justice. Unfortunately, the soft/plastic laws, which in essence are private agreements, are not.</li><li>The report of the UN Special Rapporteur on the Freedom of Expression and Opinion made it clear in his report to the UN Human Rights Council that the Internet is now an intergral part of citizens exercising their right of freedom of speech under national constitutions and under the Universal Declaration of Human Rights. That report highlights that many initiatives on copyright infringement, including that of the French government with HADOPI and the UK, actually contravene the Universal Declaration of Human Rights</li><li>The right of privacy is also flagged by many as something that will have to be compromised if such private enforcement of copyright is encouraged.<br /></li></ol>
<p>I'd like to know Prof. Sirinelli's views on these three issues: due process, right of freedom of speech, and the right to privacy.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/ace-7-french-charter-cis-comment'>https://cis-india.org/a2k/blogs/ace-7-french-charter-cis-comment</a>
</p>
No publisherpraneshAccess to KnowledgeCopyrightPrivacyFreedom of Speech and ExpressionIntellectual Property RightsPiracyCensorshipWIPO2011-12-01T11:59:45ZBlog EntryCan Judges Order ISPs to Block Websites for Copyright Infringement? (Part 2)
https://cis-india.org/a2k/blogs/john-doe-orders-isp-blocking-websites-copyright-2
<b>In a three-part study, Ananth Padmanabhan examines the "John Doe" orders that courts have passed against ISPs, which entertainment companies have used to block dozens, if not hundreds, of websites. In this, the second part, he looks at the law laid down by the U.S. Supreme Court and the Delhi High Court on secondary and contributory copyright infringement, and finds that those wouldn't allow Indian courts to grant "John Doe" orders against ISPs.</b>
<p style="text-align: justify; ">In the second part of his study, Ananth Padmanabhan proceeds to examine applying a general theory of secondary or contributory copyright infringement against ISPs. He traces the basis for holding a third party liable as a contributory by closely examining the decisions of the U.S. Supreme Court in Sony Corp. v Universal City Studios<a href="#fn1" name="fr1">[1] </a>and MGM Studios, Inc. v Grokster, Ltd.<a href="#fn2" name="fr2">[2] </a>and concludes that this basis does not hold good in the case of a mere conduit intermediary such as an ISP.</p>
<p>[<a href="#fr1" name="fn1">1</a>]. 464 U.S. 417 (1984). Hereinafter referred to as <i>Betamax</i>.</p>
<p>[<a href="#fr2" name="fn2">2</a>]. 545 U.S. 913 (2005). Hereinafter referred to as <i>Grokster.</i></p>
<hr />
<h2>Primary and Secondary Infringement</h2>
<p style="text-align: justify; ">Liability for copyright infringement can either be primary or secondary in character. In the case of ISPs, liability as primary infringers does not arise at all, and it is in their capacity as conduit pipes facilitating the transmission of information that they could be held secondarily liable. Even in such cases, the contention of copyright owners is that once the ISP is notified of infringing content, it has the primary responsibility of preventing access to such content. This contention is essentially rooted in a theory of secondary infringement based on knowledge and awareness, and the means to prevent further infringement.</p>
<p style="text-align: justify; ">The controversy around a suitable model of secondary infringement is reflected in two judicial pronouncements – separated by a gap of more than two decades – delivered by the U.S. Supreme Court. In <i>Sony Corp. v Universal City Studios</i>,[<a href="#fr3" name="fn3">3</a>] the US Supreme Court held that the manufacturers of home video recording devices known in the market as Betamax would not be liable to copyright owners for secondary infringement since the technology was capable of substantially non-infringing and legitimate purposes. The U.S. Supreme Court even observed that these time-shifting devices would actually enhance television viewership and hence find favour with majority of the copyright holders too. The majority did concede that in an appropriate situation, liability for secondary infringement of copyright could well arise. In the words of the Court, “<i>vicarious liability is imposed in virtually all areas of the law, and the concept of contributory infringement is merely a species of the broader problem of identifying the circumstances in which it is just to hold one individual accountable for the actions of another</i>”. However, if vicarious liability had to be imposed on the manufactures of the time-shifting devices, it had to rest on the fact that they sold equipment with constructive knowledge of the fact that their customers <i>may</i> use that equipment to make unauthorized copies of copyrighted material. In the view of the Court, there was no precedent in the law of copyright for the imposition of vicarious liability merely on the showing of such fact.</p>
<p style="text-align: justify; ">Notes of dissent were struck by Justice Blackmun, who wrote an opinion on behalf of himself and three other judges. The learned Judge noted that there was no private use exemption in favour of making of copies of a copyrighted work and hence, unauthorised time-shifting would amount to copyright infringement. He also concluded that there was no fair use in such activity that would exempt it from the purview of infringement. The dissent held the manufacturer liable as a contributory infringer and reasoned that the test for contributory infringement would only be whether the contributory infringer had <i>reason to know or believe </i>that infringement would take place and <i>not whether he actually knew of the same</i>. Off-the-air recording was not only a foreseeable use for the Betamax, but also its intended use, for which Sony would be liable for copyright infringement.</p>
<p style="text-align: justify; ">This dissent has considerably influenced the seemingly contrarian position taken by the majority in the subsequent decision, <i>MGM Studios, Inc. v Grokster, Ltd.</i><a href="#fn4" name="fr4">[4]</a> This case called into question the liability of websites that facilitated peer-to-peer (P2P) file-sharing. Re-formulating the test for copyright infringement, the US Supreme Court held that ‘<i>one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties</i>’. In re-drawing the boundaries of contributory infringement, the Court observed that contributory infringement is committed by any person who intentionally induces or encourages direct infringement, and vicarious infringement is committed by those who profit from direct infringement while declining to exercise their right to limit or stop it. When an article of commerce was good for nothing else but infringement, there was no legitimate public interest in its unlicensed availability and there would be no injustice in presuming or imputing intent to infringe in such cases. This doctrine would at the same time absolve the equivocal conduct of selling an item with substantial lawful as well as unlawful uses and would limit the liability to instances of more acute fault than the mere understanding that some of the products shall be misused, thus ensuring that innovation and commerce are not unreasonably hindered.</p>
<p style="text-align: justify; ">The Court distinguished the case at hand from <i>Betamax</i>, and noted that there was evidence here of active steps taken by the respondents to encourage direct copyright infringement, such as advertising an infringing use or instructing how to engage in an infringing use. This evidence revealed an affirmative intent that the product be used to infringe, and an <i>active </i>encouragement of infringement. Without reversing the decision in <i>Betamax</i>, but holding that it was misinterpreted by the lower court, the Court observed that <i>Betamax</i> was not an authority for the proposition that whenever a product was capable of substantial lawful use, the producer could never be held liable as a contributory for the use of such product for infringing activity by third parties.<i> </i>In the view of the Court, <i>Betamax </i>did not displace other theories of secondary liability.<i> </i>This other theory of secondary liability applicable to the case at hand was held to be the inducement rule, as per which any person who distributed a device with the object of promoting its use to infringe copyright, as evidenced by clear expression or other affirmative steps taken to foster infringement, would be liable for the resulting acts of infringement by third parties. However, the Court clarified that <i>mere knowledge of infringing potential or of actual infringing uses would not be enough</i> under this rule to subject a distributor to liability. Similarly, ordinary acts incident to product distribution, such as offering customers technical support or product updates, support liability etc. would not by themselves attract the operation of this rule. The inducement rule, instead, premised liability on <i>purposeful, culpable expression and conduct</i>, and thus did nothing to compromise <i>legitimate</i> commerce or discourage innovation having a <i>lawful</i> promise.</p>
<p style="text-align: justify; ">These seemingly divergent views on secondary infringement expressed by the U.S. Supreme Court are of significant relevance for India, due to the peculiar language used in the Indian Copyright Act, 1957.<a href="#fn4" name="fr4">[4]</a></p>
<p style="text-align: justify; ">Section 51 of the Act, which defines infringement, bifurcates the two types of infringement – ie. primary and secondary infringement – without indicating so in as many words. While Section 51(a)(i) speaks to primary infringers, 51(a)(ii) and 51(b) renders certain conduct to be secondary infringement. Even here, there is an important distinction between 51(a)(ii) and 51(b). The former exempts the alleged infringer from liability if he could establish that <i>he was not aware and had no reasonable ground for believing that </i>the communication to the public, facilitated through the use of his “place”, would amount to copyright infringement. The latter on the other hand permits no such exception. Thus, any person, who makes for sale or hire, or by way of trade displays or offers for sale or hire, or distributes for the purpose of trade, or publicly exhibits by way of trade, or imports into India, any infringing copies of a work, shall be liable for infringement, without any specific <i>mens rea</i> required to attract such liability. It is in the context of the former provision, ie. 51(a)(ii) that the liability of certain file-sharing websites for copyright infringement has arisen.<a href="#fn5" name="fr5">[5]</a></p>
<h3 style="text-align: justify; ">Mere Conduit ISPs – Secondary Infringement Absent</h3>
<p style="text-align: justify; ">In <i>MySpace</i>, the Delhi High Court examined the liability for secondary infringement on the part of a website that provides a platform for file-sharing. While holding the website liable, the Single Judge considered material certain facts such as the revenue model of the defendant, which depended largely on advertisements displayed on the webpages, and automatically generated advertisements that would come up for a few seconds before the infringing video clips started playing. Shockingly, the Court even considered relevant the fact that the defendant did provide for safeguards such as hash block filters, take down stay down functionality, and rights management tools operational through fingerprinting technology, to prevent or curb infringing activities being carried on in their website. This, in the view of the Court, made it evident that the defendant had a <i>reasonable apprehension or belief </i>that the acts which were being carried on in the website <i>could</i> infringe someone else’s copyright including that of the plaintiff. The logic employed by the Court to attribute liability for secondary infringement on file-sharing websites is befuddling and reveals complete disregard for the degree of regulatory authority available on the internet even where the space, i.e., the website, is supposedly “under the control” of a person. However, a critical examination of this decision is not relevant in understanding the liability of mere conduit ISPs. This is for the reason that none of the factual considerations relied on by the Single Judge to justify imposition of liability on a file-sharing website under Section 51(a)(ii) arise when the defendant is an ISP that only provides the path for content-neutral transmission of data.</p>
<p style="text-align: justify; ">This was completely ignored by the Madras High Court in <i>R.K.Productions v. B.S.N.L.</i>,<a href="#fn6" name="fr6">[6] </a>where the producers of the Tamil film “3”, which enjoyed considerable pre-release buzz due to its song “Kolaveri Di”, sought an omnibus order of injunction against all websites that host torrents or links facilitating access to, or download of, this film. Though this was worded as a John Doe plaint by branding the infringers as unknown administrators of different torrent sites and so on, the real idea was to look to the resources and wherewithal of the known defendants, ie. the ISPs, to block access to the content hosted by the unknown defendants.</p>
<p style="text-align: justify; ">This prompted the ISPs to file applications under Or. VII, Rule 11 of the Civil Procedure Code, seeking rejection of the plaint on the ground that the suit against them was barred by law. The Single Judge of the Madras High Court dismissed these applications for rejection of the plaint, after accepting the contention that the ISPs are necessary parties to the suit as the act of piracy occurs through the channel or network provided by them. The High Court heavily, and incorrectly, relied on MySpace without appreciating the distinction between a mere conduit ISP and a file-sharing website such as MySpace or YouTube, as regards their respective roles and responsibilities, the differing degrees of regulatory control over content enjoyed by them, and most importantly, the recognition and formalisation of these distinctions in the Copyright Act, 1957, vide the Copyright (Amendment) Act, 2012.</p>
<hr />
<p>[<a href="#fr3" name="fn3">3</a>]. 464 U.S. 417 (1984). Hereinafter referred to as Betamax.</p>
<p>[<a href="#fr4" name="fn4">4</a>]. 545 U.S. 913 (2005). Hereinafter referred to as Grokster.</p>
<p>[<a href="#fr5" name="fn5">5</a>]. Hereinafter the Act.</p>
<p style="text-align: justify; ">[<a href="#fr6" name="fn6">6</a>]. <i>Super Cassette Industries Ltd. v MySpace Inc.</i>, MIPR 2011 (2) 303 (hereinafter referred to as <i>MySpace</i>). This decision of the Delhi High Court has been rightly criticised. <i>See </i><a href="https://cis-india.org/a2k/blogs/super-cassettes-v-my-space">http://cis-india.org/a2k/blog/super-cassettes-v-my-space</a> (last accessed on 24.03.2013).</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/john-doe-orders-isp-blocking-websites-copyright-2'>https://cis-india.org/a2k/blogs/john-doe-orders-isp-blocking-websites-copyright-2</a>
</p>
No publisherananthAccess to KnowledgeCopyrightPiracyFeaturedHomepage2014-03-06T16:48:18ZBlog Entry