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January 2011 Bulletin
https://cis-india.org/about/newsletters/january-2011-bulletin
<b>Greetings from the Centre for Internet and Society! It gives us immense pleasure to present regular updates on the progress of our research on the mainstream Internet media. In this issue of we bring our latest project updates, news and media coverage:</b>
<h2><b>Researchers@Work</b></h2>
<p style="text-align: justify; ">RAW is a multidisciplinary research initiative. CIS believes that in order to understand the contemporary concerns in the field of Internet and society, it is necessary to produce local and contextual accounts of the interaction between the Internet and socio-cultural and geo-political structures. To build original research knowledge base, the RAW programme has been collaborating with different organisations and individuals to focus on its three year thematic of Histories of the Internets in India. Monographs finalised from these projects have been published on the CIS website for public review:</p>
<p><b> </b></p>
<h2><b>Digital Natives</b></h2>
<p>CIS has interest in developing Digital Identities as a core research area and looks at practices, policies and scholarships in the field to explore relationships between Internet, technology and identity.</p>
<h3>Column on Digital Natives</h3>
<p style="text-align: justify; ">A fortnightly column on ‘Digital Natives’ authored by Nishant Shah is featured in the Sunday Eye, the national edition of Indian Express, Delhi, from 19 September 2010 onwards. The following article was published in the Indian Express recently:</p>
<ul>
<li style="text-align: justify; "><a href="http://bit.ly/h2E3Jd">Is That a Friend on Your Wall?</a> [published in the Indian Express on 9 January 2010]</li>
</ul>
<h3>Workshop</h3>
<p style="text-align: justify; ">The third and final workshop in the Digital Natives with a Cause? research project will take place in Santiago, Chile, from the 8 to 10 February. Open Call and FAQs for the workshop are online:</p>
<ul>
<li><a href="http://bit.ly/emKslL">Digital Natives with a Cause? Workshop in Santiago – An Open Call</a></li>
<li><a href="http://bit.ly/eCu2it">Digital Natives with a Cause? Workshop in Santiago – Some FAQs</a></li>
</ul>
<h3>Blog Entry by Maesey Angelina</h3>
<p style="text-align: justify; ">Maesy Angelina is a MA candidate on International Development, specializing in Children and Youth Studies at the International Institute of Social Studies, Erasmus University of Rotterdam. She is working on her research on the activism of digital natives under the Hivos-CIS Digital Natives Knowledge Programme. She spent a month at CIS, working on her dissertation, exploring the Blank Noise Project under the Digital Natives with a Cause framework. She writes a series of blog entries. The latest is:</p>
<ul>
<li><a href="http://bit.ly/hjbzB0">The Digital Tipping Point</a></li>
</ul>
<h3>Announcement</h3>
<ul>
<li><a href="http://bit.ly/h92qtI">Rising Voices Seeks Micro-Grant Proposals for Citizen Media Outreach</a></li>
</ul>
<h2><b>Accessibility</b></h2>
<p style="text-align: justify; ">Estimates of the percentage of the world's population that is disabled vary considerably. But what is certain is that if we count functional disability, then a large proportion of the world's population is disabled in one way or another. At CIS we work to ensure that the digital technologies, which empower disabled people and provide them with independence, are allowed to do so in practice and by the law. To this end, we support web accessibility guidelines, and change in copyright laws that currently disempower the persons with disabilities.</p>
<h3>New Blog Entry</h3>
<ul>
<li><a href="http://bit.ly/fgOaHa">Accessibility in Telecommunications</a> </li>
</ul>
<h2><b>Intellectual Property</b></h2>
<p style="text-align: justify; ">Copyright, patents and trademarks are the most important components on the Internet. CIS believes that access to knowledge and culture is essential as it promotes creativity and innovation and bridges the gaps between the developed and developing world positively. Hence, the campaigns for an international treaty on copyright exceptions for print-impaired, advocating against PUPFIP Bill, calls for the WIPO Broadcast Treaty to be restricted to broadcast, questioning the demonization of 'pirates', and supporting endeavours that explore and question the current copyright regime. Our latest endeavour has resulted into these:</p>
<h3>New Blog Entry</h3>
<ul>
<li><a href="http://bit.ly/igNQMW">New Release of IPR Chapter of India-EU Free Trade Agreement</a> </li>
</ul>
<h2><b>Internet Governance</b></h2>
<p style="text-align: justify; ">Although there may not be one centralised authority that rules the Internet, the Internet does not just run by its own volition: for it to operate in a stable and reliable manner, there needs to be in place infrastructure, a functional domain name system, ways to curtail cybercrime across borders, etc. The Tunis Agenda of the second World Summit on the Information Society (WSIS), paragraph 34 defined Internet governance as “the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet.” Within the larger field of Internet governance, the Internet Governance Forum (IGF), a multi-stakeholder policy dialogue forum that was instituted by the WSIS processes and that is their only formal outcome, has fast emerged as one of the key institutions. As the definition quoted above indicates, a unique feature of the field of Internet governance is that, unlike many other governance spheres, it does not only involve governments. Historically, not only governments but also the technical community and private players have played a crucial role in the development of the Internet. In the context of the IGF, that role is not only explicitly acknowledged but also institutionalised as the IGF formally brings together governments, private players and civil society actors from all areas of and organisations involved in Internet governance. Moreover, now that the open and egalitarian potential of the Internet is increasingly under attack, this unique nature of the IGF, in addition to its WSIS roots, has made it a prime venue to remind stakeholders in all areas of Internet governance of the commitment they have made earlier to building a “people-centred, inclusive and development-oriented Information Society” (WSIS Geneva Principles, Para 1). CIS involvement in the field of Internet governance has the following shape:</p>
<h3>New Blog Entry</h3>
<ul>
<li><a href="http://bit.ly/fOB4sL">Jurisdictional Issues in Cyberspace</a><b> </b></li>
</ul>
<h3><b>Privacy</b></h3>
<p style="text-align: justify; ">CIS has undertaken many new and exciting projects. One of these, "Privacy in Asia", is funded by Privacy International (PI), UK and is being completed in collaboration with Society and Action Group. "Privacy in Asia" is a two-year project that commenced on 24 March 2010 and will complete within two years from the commencement date, unless otherwise agreed to by the parties. The project was set up with the objective of raising awareness, sparking civil action and promoting democratic dialogue around privacy challenges and violations in India. In furtherance of these goals it aims to draft and promote an over-arching privacy legislation in India by drawing upon legal and academic resources and consultations with the public.</p>
<p style="text-align: justify; ">Apart from "Privacy in Asia" CIS is also participating in the " Privacy and Identity" project, which is funded by the Ford Foundation and managed by the Centre for Study of Culture and Society. The project is a research inquiry into the history of Privacy in India and how it shapes the contemporary debates around technology mediated identity projects like <i>Aadhaar</i>. The "Privacy and Identity" project started in August 2010.</p>
<h3>New Blog Entries</h3>
<ul>
<li><a href="http://bit.ly/eWxry1">Privacy Matters — Conference Report</a></li>
<li><a href="http://bit.ly/gocDqf">An Open Letter to the Finance Committee</a></li>
<li><a href="https://cis-india.org/advocacy/igov/privacy-india/privacy-UIDdec17">Does the UID Reflect India?</a></li>
</ul>
<h3>Staff Update</h3>
<p style="text-align: justify; ">Prashant Iyengar is a lawyer and legal scholar who has worked extensively on intellectual property issues particularly focusing on copyright reform and open access. He is a past recipient of an Open Society Institute fellowship for research into Open Information Policy, and has been affiliated with the Alternative Law Forum – a collective of lawyers in Bangalore engaged in human rights practice.</p>
<p style="text-align: justify; ">Prashant joined the Centre for Internet and Society as a lead researcher in the Privacy India project recently.</p>
<h2><b>Telecom</b></h2>
<p style="text-align: justify; ">The growth in telecommunications in India has been impressive. While the potential for growth and returns exist, a range of issues need to be addressed for this potential to be realized. One aspect is more extensive rural coverage and the second aspect is a countrywide access to broadband which is low at about eight million subscriptions. Both require effective and efficient use of networks and resources, including spectrum. It is imperative to resolve these issues in the common interest of users and service providers. CIS campaigns to facilitate this.</p>
<h3>Column</h3>
<p style="text-align: justify; ">Shyam Ponappa is a Distinguished Fellow at CIS. He writes regularly on Telecom issues in the Business Standard and these articles are mirrored on the CIS website as well.</p>
<ul>
<li style="text-align: justify; "><a href="http://bit.ly/grwFzq">The policy langurs</a> [published on 6 January 2011]</li>
</ul>
<p><b> </b></p>
<h2><b>News & Media Coverage</b></h2>
<ul>
<li><a href="http://bit.ly/hcNWgX">Civic hackers seek to find their feet in India</a> (Livemint, 24 January 2011) and (IndiaInfoline, January 2011)</li>
<li><a href="http://bit.ly/ihsya0">A Tweet and a poke from the CEO</a> (Livemint, 24 January 2011)</li>
<li><a href="http://bit.ly/g19Yrv">Clicktivism & a brave new world order</a> (Mail Today, 2 January 2011)</li>
<li><a href="http://bit.ly/eiyWsT">Would it be a unique identity crisis</a>? (Bangalore Mirror, 2 January 2011)</li>
<li><a href="http://bit.ly/gnJNzc">Nel suk dei nativi digitali. Perché gli studenti 2.0 hanno bisogno di una bussola per orientarsi</a> (Il Sore24 ORE, 2 January 2011)</li>
<li><a href="http://bit.ly/fvn4Fw">A Refreshing Start!</a> (Verveonline, Volume 19, Issue 1, January, 2011)</li>
<li><a href="http://bit.ly/glcDk1">Getting Connected</a> (Livemint, January 2011)</li>
<li><a href="http://bit.ly/eN0Njz">Knowledge Warriors</a> (Il Sore24 ORE, January 2011)</li>
<li><a href="http://bit.ly/f5m3fg">Nishant Shah Quoted in Livemint 2011 Tweet-out</a> (Livemint, January 2011)</li>
<li><a href="http://bit.ly/eti5N2">Digital Natives with a Cause? - Workshop in Chile seeks participants</a> (Bahama islands info, 30 December 2010)</li>
<li><a href="http://bit.ly/h1YBgf">Mothers discuss kids, music, fashions, on Net</a> (The Hindu, 26 December 2010)</li>
</ul>
<h2><b>Follow us elsewhere</b></h2>
<ul>
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No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomIntellectual Property RightsAccessibilityInternet GovernanceResearchOpenness2012-07-30T11:25:44ZPageWhy Parallel Importation of Books Should Be Allowed
https://cis-india.org/a2k/blogs/parallel-importation-of-books
<b>There has been much controversy lately with some publishers trying to stop the government from amending s.2(m) of the Indian Copyright Act, clarifying that a parallel import will not be seen as an "infringing copy". This blog post argues that the government should, keeping in mind the larger picture, still go ahead and legalise parallel imports.</b>
<p>[Updated Wednesday, February 2, 2011, to respond to <a class="external-link" href="http://dearddsez.blogspot.com/2011/01/thomas-abrahams-rebuttal-to-why.html">Thomas Abraham's extensive and thoughtful rebuttal</a> of the earlier version this post.]</p>
<p>First off, here is the controversial clause, with the proposed amendment (the insertion of a "proviso", in legalese) being emphasised in bold font-face:</p>
<h2>The amendment<br /></h2>
<blockquote>
<p>2(m) "infringing copy" means,—</p>
<p> (i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film;</p>
<p> (ii) in relation to a cinematographic film, a copy of the film made on any medium by any means;</p>
<p> (iii) in relation to a sound recording, any other recording embodying the same sound recording, made by any means;</p>
<p> (iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer's right subsists under the provisions of this Act, the sound recording or a cinematographic film of such programme or performance, if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act;</p>
<p><strong>Provided that a copy of a work published in any country outside India with the permission of the author of the work and imported from that country shall not be deemed to be an infringing copy.</strong></p>
</blockquote>
<p>Some claim that this amendment to s.2(m) ("provided that... copy") has the potential to
destroy the publishing industry. The most lucid explanation of this was in a recent op-ed by Thomas Abraham
in the Hindustan Times, very ominously titled <a class="external-link" href="http://www.hindustantimes.com/StoryPage/Print/652735.aspx">The Death of Books</a>. However it seems to us that the publishing
industry—especially foreign publishers with distributorships in India—don't want to open
themselves up to competition in the distribution market, and are opposing this most commendable move.</p>
<h2>What is parallel importation?<br /></h2>
<p>Before getting into explanations of why allowing for parallel importation is good, and how the arguments otherwise fall short, we should examine what parallel importation is. </p>
<blockquote>
<p>"Parallel import, insofar as copyright is concerned, involves an “original” copyright product (i.e. produced by or with the permission of the copyright owner in the manufacturing country) placed on the market of one country, which is subsequently imported into a second country without the permission of the copyright owner in the second country. For instance, the copyright owner of a book produced in India places the book on the market in India. A trader buys 100 copies of the book from India and imports them to China without the permission of the copyright owner of the book in China. This act of the trader bringing the books into China is called parallel import, the legality of which depends on the copyright law of the importing country (namely China in this example)." (Consumers International, <em>Copyright and Access to Knowledge: Policy Recommendations on Flexibilities in Copyright Laws</em> 23 (2006).)</p>
</blockquote>
<p>Some fear-mongers try to equate parallel importation with
'anarchy' in markets, and some confusedly claim that this amendment would allow <em>infringing</em> copies of books
would be permitted. That is simply not true. For parallel importation to be said to happen, the sale must itself be legal. If it is an an illegally sold copy (a pirated copy of a book, for instance) that is imported, then it will count as a black market import—not as a parallel import. Allowing for parallel imports will only dismantle
monopoly rights over importation, and the amendment makes
that amply clear.</p>
<h2>Harms on existing books of not allowing parallel importation</h2>
<p>Libraries/second-hand bookshops/consumers have no way of knowing if a book was originally imported legally or not, since there is no easy way of telling a parallel-ly imported copy apart from a exclusively imported copy. If one of them, even unknowingly buys/sells a foreign edition about which they am not sure and it turns out it was not legally imported (and there are literally thousands of such books, and I personally own at least a couple dozen foreign editions bought from various second-hand bookshops) then they are committing copyright infringement.</p>
<p>This precisely was argued by the library associations and others in <em>amici</em> briefs to the US Supreme Court in the <em>Costco v. Omega</em> case. For instance, the <a title="http://www.abanet.org/publiced/preview/briefs/pdfs/09-10/08-1423_PetitionerAmCu3LibraryAssns.pdf" href="http://www.abanet.org/publiced/preview/briefs/pdfs/09-10/08-1423_PetitionerAmCu3LibraryAssns.pdf" rel="nofollow">brief
for the the American Library Association, the Association of College
and Research Libaries, and the Association of Research Libraries in
Support of Petitioner</a> argues that:</p>
<blockquote>By restricting the application of [the first sale doctrine] to copies manufactured in the United States, the Ninth Circuit’s decision threatens the ability of libraries to continue to lend materials in their collections. Over 200 million books in U.S. libraries have foreign publishers. Moreover, many books published by U.S. publishers were actually manufactured by printers in other countries. Although some books indicate on their copyright page where they were printed, many do not. Libraries, therefore, have no way of knowing whether these books comply with the Ninth Circuit’s rule. Without the certainty of the protection of the first sale doctrine, librarians will have to confront the difficult policy decision of whether to continue to circulate these materials in their collections in the face of potential copyright infringement liability. For future acquisitions, libraries would be able to adjust to the Ninth Circuit’s narrowing of [the first sale doctrine] only by bearing the significant cost of obtaining a “lending license” whenever they acquired a copy that was not clearly manufactured in the United States. <br /></blockquote>
<p>and, the <a title="http://www.abanet.org/publiced/preview/briefs/pdfs/09-10/08-1423_PetitionerAmCu6NonProfitOrgs.pdf" href="http://www.abanet.org/publiced/preview/briefs/pdfs/09-10/08-1423_PetitionerAmCu6NonProfitOrgs.pdf" rel="nofollow">brief
for the Public Knowledge, American Association of Law Libraries,
American Free Trade Association, the Electronic Frontier Foundation,
Medical Library Association, and the Special Libraries Association in
Support of Petitioner</a> states:</p>
<blockquote>The uncertainty created by the Ninth Circuit’s holding [against parallel importation] will harm used bookstores, libraries, yard sales, out-of-print book markets, movie and video game rental markets, and innumerable other secondary markets. Owners of copyright works or goods containing copyrighted elements manufactured abroad will be unable to dispose of these products without authorization at the risk of liability under copyright law’s extensive damages provisions. Furthermore, the chilling effects of the Ninth Circuit’s holding will extend beyond works manufactured abroad. Owners of copies of works will be unable to determine whether they are protected by [the first sale doctrine], as they will not always know where their goods were manufactured. Copyright holders will have little incentive to make clear the location of manufacturing of their copyrighted works,3 as greater uncertainty means a greater ability to sell the right to distribute the goods within the United States. Secondary market sellers who cannot afford to purchase this right will be unable to do business unless they are prepared to engage in lengthy and expensive litigation with an uncertain result. A wide variety of important secondary markets in copyrighted works and goods with copyrighted elements will suffer without the protection of the first sale doctrine.<br /></blockquote>
<h2>Benefits of parallel importation</h2>
<h3>Dismantling distribution monopoly rights<br /></h3>
<p>The benefits that will accrue from allowing for parallel importations
are huge. Currently a large percentage of educational books in India
are imported, but with different companies having monopoly rights in
importation of different books. If this was opened up to competition,
the prices of books would drop, since one would not need to get an
authorization to import books—the licence raj that currently exists
would be dismantled—and Indian students will benefit. This is
especially important for students and for libraries because even when
low-priced editions are available, they are often of older editions.</p>
<p>Allowing people to import goods without permissions (with appropriate duties) is taken for granted in all other areas, so why not copyrighted works? After all, it is not the act of publication that gets affected, but the right of exclusive distribution. And if that goes away after first sale internationally, that's not a bad thing at all.</p>
<p>Generally, there are two main benefits of allowing for parallel importation: faster introduction of the latest international releases into the domestic country, and lowered prices by decreasing the costs imposed by a monopoly right over distribution.</p>
<p>All the foreign books that an online bookseller like Flipkart delivers in India are procured from international sources. Without parallel importation, Flipkart will have to ask for permission from the book publishers for each foreign book each time it makes a sale. This would cripple Flipkart's business model.</p>
<p> </p>
<h3>Helping book publishers</h3>
<p>Book publishers will be benefited by parallel importation, just as they are benefited by the existence of libraries and second-hand book stores. Libraries and second-hand book stores help with market segmentation, providing access to people who can't afford expensive books at much lower rates, often free. However, the existence of second-hand book stores in almost every city in India—I have personally bought second-hand books everywhere from Jhansi (Leo Tolstoy's <em>War and Peace</em>) to Delhi's Darya Ganj market (Edmund Wilson's <em>Letters on Literature and Politics</em>)—does not prevent me from buying books first hand. Indeed, Wilson's <em>Letters</em> is out of print, and cannot be bought in a store like Crosswords or Gangaram's.</p>
<p>Why do I emphasise second-hand books and libraries? They are artefacts of something variously known as the "first sale doctrine" or the "doctrine of exhaustion" in copyright law: After the first sale of a book, subsequent sales, rentals, etc., cannot be controlled by the copyright owner. Parallel importation is simply a matter of applying this doctrine to the first sale of the book internationally rather than its first sale in India. </p>
<p>Thus we see that the existence of second-hand books, libraries, and parallel imports, are all dependent on the same rule of copyright law: the first sale doctrine. This doctrine is enshrined in s.14(b)(iv) of the Indian Copyright Act, and has been interpreted by the Delhi High Court to mean first sale in India. The present amendment changes that to mean first sale internationally.</p>
<p>The introduction of the modern "public library" in the mid-19th century
led to a surge in literacy, readership, and book sales, and not a
decline. Similarly, there is no reason to suppose that allowing parallel importations will lead to a decline in book sales.</p>
<h3>Helping libraries and the print-disabled<br /></h3>
<p>Even currently, many people buy books directly from abroad and have them shipped to India. This is especially necessary for libraries whose patrons—scholars and students—very often need access to the latest books. Currently, libraries often buy books from abroad from Amazon, Flipkart, Alibris, etc. Such acts, within a strict reading of the law, are not legal, since they fall afoul of s.51(b)(iv), since the import is not for the "private and domestic use" of the libraries. This is also of especial concern for organizations working with print-disabled individuals, since the number of books legally available domestically in formats accessible by the print-disabled is very small, and often need to be imported.</p>
<h3>Helping all consumers<br /></h3>
<p>An excellent report was prepared in <a class="external-link" href="http://www.consumersinternational.org/news-and-media/publications/copyright-and-access-to-knowledge">2006 by Consumers International</a>, in which they studied the costs of textbooks in eleven countries, including India, by average purchasing power of each country's citizens, instead of absolute cost. Based on that study, and a detailed investigation of international treaties on copyright and the flexibilities allowed in them, Consumers International recommended that India should amend our law to make it clear that parallel importation of copyrighted works is legal (on page 51 of the report).</p>
<h2>Rebutting objections</h2>
<p>I will address a few specific objections raised by Mr. Abraham, Nandita Saikia, and others.</p>
<h3>1. Authors' won't lose out on royalties<br /></h3>
<p>Authors do not lose out on royalties because of parallel importation, just as they do not lose out on royalties because of libraries, nor because of second-hand book stores.
For parallel importation to take place, the books have to be purchased
legally, and that first sale itself ensures that authors are paid royalties. </p>
<p>Of
course, publishing contracts often have a clause that remaindered books will
not garner royalties. But in that case, the problem is not parallel importation,
but the overstocking and subsequent <a class="external-link" href="https://secure.wikimedia.org/wikipedia/en/wiki/Remaindered_book">remaindering of books</a>. The authors wouldn't be paid (or would be paid very little) for remaindered books even if the books weren't imported into India. Parallel importation
does not in any way change that.</p>
<p><strong>Indian authors</strong></p>
<p>There is a worry that an Indian author would be hit if remaindered copies of his/her books started entering the Indian market. That would mean that foreign publishers had overstocked that Indian author's book, i.e., that the expectation from the book was much higher than the actual demand. If this happens infrequently, then the author hasn't much to worry about (since remainders aren't a big problem). If it happens frequently, then firstly the publisher should re-adjust to the market and realize that demand is low. Secondly, the author needs to worry more about quality of the book (and whether it caters to foreign audiences) than the possible effects that the availability of cheaper copies of that book would have.</p>
<h3>2. Remaindered books are in publishers' control<br /></h3>
<p>India has amongst the cheapest book prices in the world. Then why would book publishers be wary of even cheaper books overrunning the Indian market? The reason, Mr. Abraham tells us, is <a class="external-link" href="https://secure.wikimedia.org/wikipedia/en/wiki/Remaindered_book">remaindered books</a>. He believes that remaindered books have the potential to destroy the Indian book
market. Remaindering of books has been happening for decades. If remaindered books haven't already
destroyed all book markets worldwide, then it is unlikely that they will
do so suddenly just because parallel importation of books is permitted
in India.</p>
<p>Remainders happen because of a miscalculation by the publisher: expecting more demand than was actually present. What happens with that excess stock is controlled by the publishers. They can choose to pulp them, burn them, or even push them into other channels of commerce that Mr. Abraham points out exist in the mature, frontline markets where remaindering happens:</p>
<blockquote>
<p>And the reason why they have not destroyed book markets worldwide is because the mature markets exist with multiple strands (chains and high street stores, independents, direct sellers, online sellers, and supermarkets)—so a direct seller will sell the same book a high street store is selling at a much reduced price without it affecting the business of each strand. Each strand is discrete and price sensitivity does not matter the same way. </p>
</blockquote>
<p>Since those multiple strands of commerce exist, each of which would enable the seller to get a better profit (being in a developed country) than in India, there is no reason to fear overrunning of the market with remainders.</p>
<h3>3. Dumping of books should be tackled separately<br /></h3>
<p>An extension of the remaindered books concern is that of India becoming a land where all books will be dumped. This hasn't happened in case of countries like New Zealand,
Mexico, Chile, Egypt, Cameroon, Pakistan, Argentina, Israel, Vietnam, South Korea,
Japan, and a host of other countries, all of which allow for parallel importation of books. In a 1998 judgment, the United States Supreme Court, <a class="external-link" href="https://secure.wikimedia.org/wikipedia/en/wiki/Quality_King_v._L%27anza">some parallel imports of copyrighted goods were legal</a>.
That ruling did not cause the downfall of the US book market, despite
cheaper books being available outside the US. Australia has allowed for
parallel importation of books in one form or another since 1991 (when
the law was changed to allow for all parallel of all books that weren't
introduced in the Australian market within 30 days of it being released
elsewhere in the world). New Zealand did a study after removing the ban
on parallel importation, and declared that cheaper books were available
on a more timely basis than previously. None of these countries have
been overrun by grey market books.</p>
<p><strong>Customs laws are better suited</strong></p>
<p>Even assuming that this fear is well-founded, copyright law is not the best way to deal with the problem. Dumping of books should be regulated by customs laws (anti-dumping and countervailing duties). Using copyright law to regulate apprehended book dumping practices (which might not even happen) is like using a trawler hoping to catch only shrimp: it is naive to think that there won't be unintended <a class="external-link" href="https://secure.wikimedia.org/wikipedia/en/wiki/Bycatch">bycatch</a>, and the consequences can be disastrous for the knowledge environment in case of books.</p>
<p>Customs laws are more flexible because they are imposed by the executive, and unlike copyright law, can be more easily changed as per requirements. So even if copyright law allows for parallel importation of copyrighted works, a special case can be made out by publishers in case of trade publishing, for instance, and that can be targetted specifically by imposing duties. However, the inverse cannot happen, since we are not aware of any mechanism whereby libraries, consumers and others can get to 'override' the provision in the Copyright Act.</p>
<p>Additionally, these duties can be made to operate only if the book is already being sold in India; these duties can be made to operate only on new books. A ban on parallel importation, on the other hand will apply equally to books that are out of print, to books that the original copyright owner has not even granted an exclusive Indian distributorship and are not even being sold in India. It goes right to the heart of freedom of speech, which the Supreme Court has held includes the right to receive information.</p>
<h3>4. Non-printing of low-priced editions for India because of "unsecure"
market won't happen<br /></h3>
<p>Parallel importation, which is what the amendment to s.2(m) allows for,
affects only importation. It does not in any way affect publication in
India or exports. Exporting low-priced Indian editions to countries which allow for parallel importation of books, is currently of doubtful legality. [Update: Earlier an incorrect claim was made in this post that such export was legal. The legal status is not that clear. While there is a Delhi High Court case that makes exports of low-priced editions illegal in the context of sale to the United States, it specifically states that the decision <a href="https://cis-india.org/a2k/blogs/indian-law-and-parallel-exports" class="external-link">does not depend on whether India allows for parallel importation or not</a>.] The
amendment does not change that position, for reasons explained at greater length <a href="https://cis-india.org/a2k/blogs/indian-law-and-parallel-exports" class="external-link">in a separate post</a>. The incentives to print
low-priced editions hence does not decrease. If anything it will increase
because currently books that are not available as low-priced editions
cannot be imported without exclusive licensing, and with a change in this position, the incentive to compete in the form of low-priced editions will increase.</p>
<p>Indeed, even before that 2009 Delhi High Court judgment prohibiting exports to the United States, many low-priced editions were being printed in India. And even before the 2005 Bombay High Court judgment prohibiting parallel imports, many low-priced editions were being printed in India. This won't change, regardless of the law, because India is an increasingly profitable and expanding market, and low-priced editions are a necessity in this market due to lower average income.</p>
<h3>5. Rhetoric flourish and the law: Open and closed markets<br /></h3>
<p>Mr. Abraham asks how many authors one can name from open markets like Malaysia, Singapore, and Hong Kong, as a sign of the 'history of creativity' in each of these countries and territories. It might be just as well to ask how many authors he can name from closed markets like Bhutan, Kazakhstan, Cambodia, Papua New Guinea, Indonesia, Jordan, and Ukraine. One's ability to name authors from a country has less to do with the open/closed nature of its market and more to do with one's general knowledge.</p>
<p>Additionally, the 'mature' markets which he wishes India to emulate—United States, the United Kingdom, and Australia—are more ambiguous on parallel importation than he would have us believe. In the United States, the legality of a segment of parallel importation of copyrighted goods reached the United States Supreme Court in <em><a class="external-link" href="https://secure.wikimedia.org/wikipedia/en/wiki/Quality_King_v._L%27anza">Quality King v. L'anza</a></em> in 1998, in which the court held in favour of the importer. </p>
<p>The question reached the US Supreme Court again last year in <a class="external-link" href="http://www.scotusblog.com/case-files/cases/costco-v-omega/"><em>Costco v. Omega</em></a>, but the court split on it 4-4, and <a class="external-link" href="http://copyright.columbia.edu/copyright/2010/12/16/costco-omega-libraries-and-copyright/">did not deliver a binding precedent on parallel importation</a>. Thus, for all intents and purposes, under copyright law, the United States is an open market. </p>
<p>In the United Kingdom, as per European Union law, <a class="external-link" href="http://a2knetwork.org/reports2010/uk">parallel importation is permitted from anywhere within the EU</a>. And in Australia, parallel importation of parallel goods is largely allowed, with <a class="external-link" href="http://a2knetwork.org/reports2010/australia">some conditions to encourage faster publishing in Australia of foreign books.</a></p>
<p>Most importantly, none of the markets held up as role models are developing countries. India is. This makes all the difference, as the Consumers International report underscores.</p>
<h2>Standing Committee consultations</h2>
<h3>Lack of wide consultation<br /></h3>
<p>On one point we are in complete agreement with Mr. Abraham, which is his point regarding lack of adequate consultation. While there was a good amount of consultation during the drafting stage, when a wide-ranging public consultation was held in 2006, this was not repeated in 2010 by the Standing Committee. Further, the Standing Committee only gave fifteen days for responses to its call for comments.</p>
<h3>Publishers were represented<br /></h3>
<p>While Mr. Abraham states that only the Authors Guild was represented before the Standing Committee, by going through the report prepared by it, we see that the Federation of Indian Publishers and the Association of Publishers in India were also called to testify before the Standing Committee. </p>
<h3>Libraries, students, consumers were not represented</h3>
<p>However, while the authors supported it, and the publishers opposed it, no one got to hear the voice of the readers, the students, the libraries, the book buyers. For instance, not a single consumer rights organization or library association was called before the Standing Committee. Internationally, organizations like Consumers International, the International Federation of Library Associations, and EIFL (an international library organization) are invited to meetings of the World Intellectual Property Organization and their views are taken with seriousness as they are a very important part of the copyright environment.</p>
<h3>Department's and Standing Committee's reasoning</h3>
<p>We reproduce below four paragraphs from the Standing Committee's report, which elucidate many of the reasons for going in for this particular amendment.</p>
<blockquote>7.10<br />All the reservations/objections raised by the various stakeholders [including the Federation of Indian Publishers and the Association of Publishers in India, whose objections are quoted in an earlier paragraph of the report -ed.] were taken up by the Committee with the Department with the intent of having full understanding of the background necessitating the proposed amendment and its exact impact on the various stakeholders. As clarified by the Department, the main purpose of this amendment was to allow for imports of copyright materials (e.g. books) from other countries. It was in accordance with Article 6 of the TRIPS Agreement relating to exhaustion of rights whereunder developing countries could facilitate access to copyright works at affordable cost. Exhaustion of rights (popularly called as parallel import) was a legal mechanism used to regulate prices of IPR protected materials. This was viable only if the price of the same works in the Indian market was very high when compared to the price in other countries from where it was imported to India. <br /><br />7.11<br />Committee's attention was drawn to the fact that majority of educational books used in India were imported from other countries particularly from US and EU. There was an increasing tendency by publishers to give territorial licence to publish the books at very high rates. The low price editions were invariably the old editions than the latest ones. This provision would compel the Indian publishers to price the works reasonably so that it would not be viable for a distributor to import same works to India from other countries. This would also save India foreign exchange on the payment of royalties (licence fee) by the Indian publishers to foreigners. <br /><br />7.12<br />Committee was also given to understand by the representatives of the publishing industry that Scheme of the Copyright Law was entirely different from the Trade Marks Act, 1999 and the Patent Act, 1970. The application of the standards and principles of these two laws through the proposed amendment of section 2(m) would completely dismantle the business model currently employed, rendering several industries unviable. On a specific query in this regard the Department informed that the concept of international exhaustion provided in section 107 A of the Patent Act, 1971 and in section 30 (3) of the Trademarks Act, 1999 and in section 2 (m) of the copyright law were similar. This provision was in tune with the national policy on exhaustion of rights.<br /><br />7.13 <br />After analysing the viewpoints of all the stakeholders along with the clarifications given thereupon by the Department, the Committee is of the view that proposed inclusion of the proviso in the definition of the term 'infringing copy' seems to be a step in the right direction, specially in the prevailing situation at the ground level. <strong>The present practice of publishers publishing books under a territorial license, resulting in sale of books at very high rates cannot be considered a healthy practice.</strong> [Emphasis added.] The Committee also notes that availability of low priced books under the present regime is invariably confined to old editions. It has been clearly specified that only those works published outside India with the permission of the author and imported into India will not be considered an infringed copy. Nobody can deny the fact that the interests of students will be best protected if they have access to latest editions of the books. <strong>Thus, apprehensions about the flooding of the primary market with low priced editions, may be mis-founded as such a situation would be tackled by that country's law.</strong> [emphasis added.] The Committee would, however, like to put a note of caution to Government to ensure that the purpose for which the amendment is proposed, i.e., to protect the interest of the students is not lost sight of.<br /></blockquote>
<h2>Conclusion</h2>
<p>It is clear that allowing for parallel imports is not likely to hurt publishers, but will result in an expansion of the reading market. It is mainly foreign publishers' monopoly rights over distribution which will be harmed by this amendment, while Indian
publishers, Indian authors, and Indian readers, especially students, will stand to gain. Furthermore, in the long run, even foreign publishers will stand to gain due to market expansion. Any legitimate worries that publishers may have are better dealt with under other laws (such as the Customs Act) and not the Copyright Act.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/parallel-importation-of-books'>https://cis-india.org/a2k/blogs/parallel-importation-of-books</a>
</p>
No publisherpraneshIntellectual Property RightsCopyrightAccess to Knowledge2019-02-01T17:41:26ZBlog EntryNew Release of IPR Chapter of India-EU Free Trade Agreement
https://cis-india.org/a2k/blogs/july-2010-ipr-india-eu-fta
<b>A draft of the IPR chapter of the EU-India FTA, made publicly available now for the first time, provides insight into India's response in July 2010 to several EU proposals on intellectual property protection and enforcement.</b>
<p>A draft of the IPR chapter of the EU-India FTA, made <a href="https://cis-india.org/a2k/upload/india-eu-fta-ipr-july-2010/at_download/file" class="external-link">publicly available for the first time</a> (PDF, 296Kb), provides insight into India's response in July 2010 to several EU proposals on intellectual property protection and enforcement.
The consolidated draft which was prepared to serve as the basis of talks that took place from July 12-14, 2010, in New Delhi, reveals parties' negotiating stances in response to preliminary positions put forth earlier (see <a class="external-link" href="http://www.bilaterals.org/spip.php?article17290">IPR Chapter May draft</a>).</p>
<p>In particular, this draft reflects India's rejection of many EU proposals that would require India to:</p>
<ul><li>exceed its obligations under the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), e.g by providing data exclusivity for pharmaceutical products; <br /></li><li>impose radical enforcement provisions, such as liability of intermediary service providers, border measures for goods in transit, and raised norms for damages and injunctions; or <br /></li><li>require legislative change, e.g., on data protection, and to accommodate the full EU demands on geographical indicators. <br /></li></ul>
<p>
A chart compiled by CIS comparing proposed language by India and the EU in several provisions with TRIPS can be found <a href="https://cis-india.org/a2k/india-eu-fta-chart.pdf" class="internal-link" title="New Release of IPR Chapter">here</a> (PDF, 402 Kb).</p>
<p>Sources close to the negotiations have also confirmed that during the July talks India reiterated its refusal to go beyond TRIPS, and its refusal to discuss issues that require changes to Indian law. India appears to have also reiterated that it could not finalise FTA copyright provisions before passage of the Copyright Amendment Bill in the Indian Parliament.</p>
<p>
It is hard to assess the current state of the negotiations on IP or to measure the outcomes of subsequently held talks without access to recent drafts, a public record of deliberations, or the schedule of full and intersessional rounds taking place. However, from press and other statements attributed to the European Commission and Indian officials after the December 2010 EU-India Summit in Brussels, it appears that:</p>
<ul><li>
both parties plan to conclude the FTA, the biggest ever for the EU, by Spring 2011; <br /></li><li>the EU has not relaxed its pursuit of at least some "TRIPS plus" provisions such as data protection for pharmaceuticals <br /></li><li>a mutually agreed solution to India's WTO case against the EU over the seizure of generic medicines may be round the corner. Its impact on the FTA is open to speculation. <br /></li></ul>
<p>Because the India-EU FTA is likely to set a new precedent for future trade agreements between developed and developing countries, and with enormous stakes for patients across the globe, India and the EU need to get it right and ensure no provision runs counter to the interests of millions of citizens.</p>
<p>For further information about the text, contact Malini Aisola <malini.aisola@gmail.com> or Pranesh Prakash <pranesh@cis-india.org></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/july-2010-ipr-india-eu-fta'>https://cis-india.org/a2k/blogs/july-2010-ipr-india-eu-fta</a>
</p>
No publisherpraneshAccess to MedicineIntellectual Property RightsIntermediary LiabilityAccess to Knowledge2011-09-22T12:34:05ZBlog EntryDecember 2010 Bulletin
https://cis-india.org/about/newsletters/december-2010-bulletin
<b>Greetings from the Centre for Internet and Society! It gives us immense pleasure to present regular updates on the progress of our research on the mainstream Internet media. In this issue of we bring our latest project updates, news and media coverage:</b>
<h2><b>Researchers@Work</b></h2>
<p style="text-align: justify; ">RAW is a multidisciplinary research initiative. CIS believes that in order to understand the contemporary concerns in the field of Internet and society, it is necessary to produce local and contextual accounts of the interaction between the Internet and socio-cultural and geo-political structures. To build original research knowledge base, the RAW programme has been collaborating with different organisations and individuals to focus on its three year thematic of Histories of the Internets in India. Monographs arising from these projects are now online for public review:</p>
<p><b>Pornography & the Law</b><br />This monograph attempts to unravel the relations between pornography, technology and the law in the shifting context of the contemporary. Deadline for review expires on 15 Jan 2011.<a href="http://bit.ly/f1sQsi"><br />http://bit.ly/f1sQsi</a></p>
<p style="text-align: justify; "><b>Re:wiring Bodies<br /></b>Dr. Asha Achutan historicises the attitudes, imaginations and policies that have shaped the Science-Technology debates in India, to particularly address the ways in which emergence of Internet Technologies have shaped notions of gender and body in India. Deadline for review expires on 15 Jan 2011.<a href="http://bit.ly/gYCP1C"><br />http://bit.ly/gYCP1C</a></p>
<p><b>The Leap of Rhodes or, How India Dealt with the Last Mile Problem — An Inquiry into Technology and Governance</b><br />The project has fed into many different activities in teaching, in examining processes of governance and in looking at user behaviour. The deadline for peer review expires on 15 Jan 2011.<a href="http://bit.ly/iiYJp1"><br />http://bit.ly/iiYJp1</a></p>
<h3>New Blog Entries</h3>
<p><b>Internet, Society and Space in Indian Cities</b></p>
<ul>
<li><a href="http://bit.ly/h3lWzS">From the Stock Market to Neighbourhood Mohalla</a></li>
<li><a href="http://bit.ly/hU6GTL">Transforming Urbanscapes: ATM in cities</a></li>
</ul>
<p><b>Queer Histories of the Internet</b></p>
<ul>
<li><a href="http://bit.ly/hqrjqc">A Detour: The Internet and Forms of Narration: A Short Note</a></li>
</ul>
<p><b> </b></p>
<h2><b>Digital Natives</b></h2>
<p style="text-align: justify; ">CIS has interest in developing Digital Identities as a core research area and looks at practices, policies and scholarships in the field to explore relationships between Internet, technology and identity.</p>
<h3>Columns on Digital Natives</h3>
<p style="text-align: justify; ">A fortnightly column on ‘Digital Natives’ authored by Nishant Shah is featured in the Sunday Eye, the national edition of Indian Express, Delhi, from 19 September 2010 onwards. The following articles were published in the Indian Express recently:</p>
<ul>
<li><a href="http://bit.ly/ig08Dr">Make a Wish</a> [published on 19 December 2010]</li>
<li><a href="http://bit.ly/hRHUYu">Play Station</a> [published on 5 December 2010]</li>
</ul>
<h3>Workshop</h3>
<p style="text-align: justify; ">The third and final workshop in the Digital Natives with a Cause? research project will take place in Santiago, Chile, from the 8 to 10 February. Open Call and FAQs for the workshop are online:</p>
<ul>
<li><a href="http://bit.ly/emKslL">Digital Natives with a Cause? Workshop in Santiago – An Open Call</a></li>
<li><a href="http://bit.ly/eCu2it">Digital Natives with a Cause? Workshop in Santiago – Some FAQs</a></li>
</ul>
<h3>Publication</h3>
<p style="text-align: justify; ">Position papers from the Thinkathon conference held at Hague from 6 to 8 December have been published:</p>
<ul>
<li><a href="http://bit.ly/eVYR2h">Digital Natives with a Cause? Thinkathon: Position Papers</a></li>
</ul>
<h2><b>Accessibility</b></h2>
<p style="text-align: justify; ">Estimates of the percentage of the world's population that is disabled vary considerably. But what is certain is that if we count functional disability, then a large proportion of the world's population is disabled in one way or another. At CIS we work to ensure that the digital technologies, which empower disabled people and provide them with independence, are allowed to do so in practice and by the law. To this end, we support web accessibility guidelines, and change in copyright laws that currently disempower the persons with disabilities.</p>
<h3><b>National Award</b></h3>
<p style="text-align: justify; ">Nirmita Narasimhan got a National Award for Empowerment of Persons with Disabilities from the Government of India on 3 December 2010. The award was presented by Smt. Pratibha Patil, President of India under the Role Model category. The event was telecast live on Doordarshan.</p>
<ul>
<li><a href="http://bit.ly/fKG9MH">Nirmita Narasimhan wins National Award</a></li>
</ul>
<h3>Conference Report</h3>
<p style="text-align: justify; ">An international conference on Enabling Access to Education through ICT was held in New Delhi from 27 to 29 October 2010. The full report of the conference is published online:</p>
<ul>
<li><a href="http://bit.ly/eDHXyq">Enabling Access to Education through ICT - Conference Report</a></li>
</ul>
<h3>New Blog Entries</h3>
<ul>
<li><a href="http://goo.gl/ddMBN">Accessibility at CIS – Looking back at 2010</a></li>
<li><a href="http://bit.ly/igUi8H">G3ict-GW Global Policy Forum: "ICT Accessibility: A New Frontier for Disability Rights"</a></li>
</ul>
<h2><b>Intellectual Property</b></h2>
<p style="text-align: justify; ">Copyright, patents and trademarks are the most important components on the Internet. CIS believes that access to knowledge and culture is essential as it promotes creativity and innovation and bridges the gaps between the developed and developing world positively. Hence, the campaigns for an international treaty on copyright exceptions for print-impaired, advocating against PUPFIP Bill, calls for the WIPO Broadcast Treaty to be restricted to broadcast, questioning the demonization of 'pirates', and supporting endeavours that explore and question the current copyright regime. Our latest endeavour has resulted into these:</p>
<h3>New Blog Entries</h3>
<ul>
<li style="text-align: justify; "><a href="http://bit.ly/glBYTS">Problems Remain with Standing Committee's Report on Copyright Amendments</a></li>
<li style="text-align: justify; "><a href="http://bit.ly/hq9OZO">CIS Submission on Draft Patent Manual 2010</a></li>
</ul>
<h2><b>Openness</b></h2>
<p style="text-align: justify; ">CIS believes that innovation and creativity should be fostered through openness and collaboration and is committed towards promotion of open standards, open access, and free/libre/open source software, its latest involvement have yielded these results:</p>
<h3>Reports</h3>
<ul>
<li><a href="http://bit.ly/eKUKIY">Call for Comments for Report on the Online Video Environment in India</a></li>
<li><a href="http://goo.gl/wr8Td">Call for Comments for Report on Open Government Data in India</a></li>
</ul>
<h3>Event</h3>
<ul>
<li><a href="http://bit.ly/hQAUkg">Wikipedia Meetup in Bangalore, This time in TERI</a></li>
</ul>
<h3><b>Privacy</b></h3>
<p style="text-align: justify; ">CIS is doing a couple of projects, one Privacy in Asia which is supported by Privacy International, UK and the other on Privacy and Identity which is funded by Ford Foundation and managed by the Centre for Study of Culture and Society. The project is a research inquiry into the history of privacy in India and how it shapes the contemporary debates around technology mediated identity projects like <i>Aadhar</i>.</p>
<h3>New Blog Entries</h3>
<ul>
<li><a href="http://bit.ly/hYUmVK">The Privacy Rights of Whistleblowers</a></li>
<li><a href="http://bit.ly/hcP9lI">UID & Privacy - A Call for Papers</a></li>
<li><a href="http://bit.ly/esjtL7">Should Ratan Tata be Afforded the Right to Privacy?</a></li>
<li><a href="http://bit.ly/h0Vdz3">DSCI Information Security Summit 2010 – A Report</a></li>
</ul>
<h2><b>Telecom</b></h2>
<p style="text-align: justify; ">The growth in telecommunications in India has been impressive. While the potential for growth and returns exist, a range of issues need to be addressed for this potential to be realized. One aspect is more extensive rural coverage and the second aspect is a countrywide access to broadband which is low at about eight million subscriptions. Both require effective and efficient use of networks and resources, including spectrum. It is imperative to resolve these issues in the common interest of users and service providers. CIS campaigns to facilitate this.</p>
<h3>Articles by Shyam Ponappa</h3>
<p style="text-align: justify; ">Shyam Ponappa is a Distinguished Fellow at CIS. He writes regularly on Telecom issues in the Business Standard and these articles are mirrored on the CIS website as well.</p>
<ul>
<li><a href="http://bit.ly/fNADQo">Take 'Model T' for Telecom</a></li>
</ul>
<p><b> </b></p>
<h2><b>News & Media Coverage</b></h2>
<ul>
<li style="text-align: justify; "><a href="http://bit.ly/h8TJwF">An online community platform for people with different needs</a> (Sify News, 12 December 2010)</li>
</ul>
<ul>
<li><a href="http://bit.ly/fF3Y6V">Self-regulation in media and society meet to gain legal perspectives</a> (Indiantelevision.com, 13 December 2010)</li>
</ul>
<ul>
<li><a href="http://bit.ly/e3gZGz">This Is All India Radia</a> (Outlook, 6 December 2010)</li>
</ul>
<ul>
<li><a href="http://bit.ly/gYrF7h">'Pakistan' hackers target India's top police agency</a> (Google News, 4 December 2010)</li>
</ul>
<ul>
<li><a href="http://bit.ly/gBMFzY">Intellectual Property Rights as seen in a graphic novel</a> (TimeOut Bengaluru, 1 December 2010)</li>
</ul>
<ul>
<li><a href="http://bit.ly/fa4qcy">The Niira Radia Tapes: Scrutinizing the Snoopers</a> (The Wall Street Journal, 29 November 2010)</li>
</ul>
<ul>
<li><a href="http://bit.ly/gWEkKw">Mobile banking set to get a boost from IMPS</a> (The Hindu, 28 November 2010)</li>
</ul>
<ul>
<li><a href="http://bit.ly/gjyNbF">UID elicits mixed response</a> (Deccan Herald, 23 November 2010)</li>
</ul>
<ul>
<li style="text-align: justify; "><a href="http://bit.ly/hcrAd2">Time to bury e-mail?</a> (DNA, 21 November 2010)</li>
</ul>
<p style="text-align: justify; "><b>Follow us elsewhere</b></p>
<ul>
<li>Get short, timely messages from us on <a href="http://twitter.com/cis_india">Twitter</a></li>
<li>Follow CIS on <a href="http://identi.ca/main/remote?nickname=cis">identi.ca</a></li>
<li>Join the CIS group on <a href="http://www.facebook.com/group.php?gid=28535315687">Facebook</a></li>
<li>Visit us at <a href="http://www.cis-india.org">www.cis-india.org</a></li>
</ul>
<p style="text-align: justify; ">Looking forward to hearing from you. Please feel free to write to us for any queries or details required. If you do not wish to receive these emails, please do write to us and we will unsubscribe your mail ID from the mailing list.</p>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/december-2010-bulletin'>https://cis-india.org/about/newsletters/december-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-08-07T11:28:02ZPageProblems Remain with Standing Committee's Report on Copyright Amendments
https://cis-india.org/a2k/blogs/sc-report-on-amendments
<b>The Rajya Sabha Standing Committee on Human Resource Development (under which ministry copyright falls) recently tabled their report on the Copyright (Amendment) Bill, 2010 before Parliament. There is much to be applauded in the report, including the progressive stand that the Committee has taken on the issue of providing access by persons with disabilities. This post, however, will concern itself with highlighting some of the problems with that report, along with some very important considerations that got missed out of the entire amendment debate.</b>
<h2 id="internal-source-marker_0.7517305351026772">Fair Dealings and Intermediary Liability</h2>
<p>The
amendments make a number of changes to s.52(1) of the Act, including to
the fair dealing provisions under s.52(1)(a), and introduction of two
new sub-sections (s.52(1)(b) and (c)) with s.52(1)(c) introducing a
modicum of protection for intermediaries involved in "transient and
incidental storage for the purpose of providing electronic links, access
or integration" (but only if the copyright holder has not expressed any
objections, and if the intermediary believes it to be non-infringing).
The provision allows the intermediary to ask the person complaining
against it to provide a court order within 14 days, since the
intermediary is in no position to determine the judicial question of
whether the copyright holder holds copyright and if the third party has
violated that copyright. However this provision was opposed tooth and
nail by the copyright holders' associations that dominated the
representations, while intermediaries and consumers remained woefully
under-represented before the Standing Committee.</p>
<p>Predictably,
the Standing Committee dealt a blow against intermediaries and
consumers by asking the government to review the "viability of the
duration of 14 days... by way of balancing the views of the stakeholders
as well as the legal requirement in the matter". They recommended a
relatively minor change of changing the phrase "transient and
incidental" to "transient or incidental". By doing this, they failed to
address the concerns raised by Yahoo India, Google India, and also
failed to acknowledge the submissions made by 22 civil society
organizations (available here:
http://cis-india.org/advocacy/ipr/upload/copyright-bill-submission).</p>
<p> </p>
<h2>Technological Protection Measures and Rights Management Information Provision</h2>
<p>The
amendments aim to bring about two new criminal provisions, and seek to
make circumvention of technological protection measures (digital locks)
and alteration of rights management information (which are embedded into
digital files and signals) illegal.</p>
<p>The Standing Committee heard a number of organizations on technological protection measures, which <a href="https://cis-india.org/a2k/blogs/tpm-copyright-amendment">we had argued</a>
are harmful as they a) cannot distinguish between fair dealing and
infringement, and b) are harmful even if a legal right to circumvent for
fair dealings is provided because the technological means to circumvent
doesn't necessarily exist. (Imagine a law that says that breaking a
lock using lock-breaking implements isn't a crime if it is done to enter
into your own house. Such a law doesn't help you if you can't get your
hands on the lock-breaking implements in the first place.) The Indian
Broadcasting Federation, the Business Software Alliance, and the Motion
Picture Association (which represents six studios, all American), the
Indian Music Industry, and the Indian Performing Right Society Limited
all felt that this provision did not go far enough. The Motion Picture
Association, for instance, wants not just controls over that which
copyright covers</p>
<p>Yahoo
India and Google India on the other hand thought that provision went
too far. Google made it clear that they thought having criminal
repercussions for circumvention was clearly disproportionate. Thus, a
clearer split is established between old media companies; the old media
companies clutching on to straws that they feel will save them from
adapting their business practices to the digital environment, and online
companies that understand the digital environment better having a
markedly different idea.</p>
<p>Currently
section 65B (read with the definition of "Rights Management
Information" in section 2(xa)) of the proposed amendments ensures that
Rights Management Information cannot be used to spy on users. The Indian
Reprographic Rights Organization however believes that this is wrong:
it believes that copyright owners should have the ability to track users
without their consent. Yahoo India, on the other hand, believes that
this is a harmful provision, and state that "the imposition of criminal
and monetary liability could adversely affect consumers", and cites the
instance of difficulties that would be faced by "entities engaged in
creating copies of any copyright material into a format specially
designed for persons suffering from disability" because of the language
of the provision that requires knowledge instead of intention. The
committee responds to this by summing up with a tautology, stating:</p>
<blockquote>
<p>The
Committee is of the view that the parties responsible for distribution
or broadcasting or communication to the public through authorized
licence from the author or rights holder and who do not remove any
rights management information deliberately for making unauthorized
copies need not worry about this provision as long as their act is as
per the framework of this provision.</p>
</blockquote>
<h2><br /></h2>
<h2>Implications of Standing Committee's Report Unclear</h2>
<p>Many of the comments made by the Standing Committee are unclear. On compulsory licensing, the committee states:</p>
<blockquote>The
Committee also takes note of the proposed amendments in section 31 A
relating to compulsory licence in unpublished Indian works. The
provision of compulsory licence for orphaned works available under this
section is proposed to be extended to published works as well. Like in
the case of section 31, extension of applicability to all foreign works
(including film, DVDs, etc.) could be violative of Berne Convention and
TRIPS Agreement and seem to fall short of the minimum obligations
imposed by such instruments. The Committee is of the view that future
implication of proposed amendment in Section 31A vis-à-vis India's
commitment to international agreement needs to be free from any
ambiguity so as to prevent any negative fallout.<br /></blockquote>
<p>However,
the usage of the phrase "could be violative" leaves it unclear whether
the Standing Committee believes the proposed amendments to be violative
of the TRIPS Agreement or not. All that the Standing Committee says is
that the provision needs to be unambiguous, and that TRIPS compliance
must be ensured. That word of caution does not directly rebut the
government's contention that the proposed amendment is TRIPS-compliant.</p>
<p>Similarly,
the Committee's views on increase of copyright term for cinematograph
films is unclear. While commenting on the clause that introduces the
term increase (as part of the proposal to include the principal director
as an author of the film along with the producer), the Committee
states:</p>
<blockquote>It,
therefore, recommends that the proposal to include principal director
as author of the film along with producer may be dropped altogether.<br /></blockquote>
<p>While
this presumably means that the proposal to increase term is also being
rejected, that is not made clear by the Committee's comments.</p>
<h2><br /></h2>
<h2>Increased Copyright Duration, Expansive Moral Rights and Other Negative Changes</h2>
<p>In
the submission of CIS and twenty-one other civil society organizations
to the Standing Committee, we highlighted all of the below concerns.
However, our submission was not tabled before the Standing Committee
for reasons unknown to us.</p>
<ul><li><strong>WCT
and WPPT compliance</strong>: India has not signed either of these two treaties,
which impose TRIPS-plus copyright protection, but without any
corresponding increase in fair dealing / fair use rights. Given that
the Standing Committee has recommended against some aspects of WCT
compliance (such as the move to change "hire" to "commercial rental")
and that without such changes India cannot be a signatory to the WCT, it
is unclear why other forms of WCT compliance (such as TPMs) should be
implemented.</li><li><strong>Increase
in duration of copyright</strong>: The duration of copyright of photographs and
video recordings is sought to be increased. The term of copyright for photographs is being increased from sixty years from creation to sixty years from death of the photographer. This will
significantly reduce the public domain, which India has been arguing for
internationally, especially through its push for the Development Agenda at the World Intellectual Property Organization.<br /></li><li><strong>Moral
rights</strong>: Changes have been made to author’s moral rights (and
performer’s moral rights have been introduced) but these have been made
without requisite safeguards.</li><li><strong>Version
recordings</strong>: The amendments make cover version much more difficult to
produce, and while the Standing Committee has addressed the concerns of
some in the music industry, it hasn't addressed the concerns of artists
and consumers.</li></ul>
<h2><br /></h2>
<h2>Criminal Provisions, Government Works, and Other Missed Opportunities</h2>
<p>The
following important changes should have been made by the government,
but haven't. While on some issues the Standing Committee has gone
beyond the proposed amendments, it hasn't touched upon any of the
following, which we believe are very important changes that are required
to be made.</p>
<ul><li><strong>Criminal
provisions</strong>: Our law still criminalises individual, non-commercial
copyright infringement. This has now been extended to the proposal for
circumvention of Technological Protection Measures and removal of Rights
Management Information also.</li><li><strong>Government
works:</strong> Taxpayers are still not free to use works that were paid for by
them. This goes against the direction that India has elected to march
towards with the Right to Information Act. A simple amendment of
s.52(1)(q) would suffice. The amended subsection would except "the
reproduction, communication to the public, or publication of any
government work" as being non-infringing uses.</li><li><strong>Copyright
terms</strong>: The duration of all copyrights are above the minimum required by
our international obligations, thus decreasing the public domain which
is crucial for all scientific and cultural progress.</li><li><strong>Educational exceptions</strong>: The exceptions for education still do not fully embrace distance and digital education.</li><li><strong>Communication
to the public</strong>: No clear definition is given of what constitute a
‘public’, and no distinction is drawn between commercial and
non-commercial ‘public’ communication.</li><li><strong>Internet
intermediaries</strong>: More protections are required to be granted to Internet
intermediaries to ensure that non-market based peer-production projects
such as Wikipedia, and other forms of social media and grassroots
innovation are not stifled.</li><li><strong>Fair
dealing and fair use</strong>: We would benefit greatly if, apart from the
specific exceptions provided for in the Act, more general guidelines
were also provided as to what do not constitute infringement. This would
not take away from the existing exceptions.</li></ul>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/sc-report-on-amendments'>https://cis-india.org/a2k/blogs/sc-report-on-amendments</a>
</p>
No publisherpraneshAccess to KnowledgeCopyrightIntellectual Property RightsIntermediary LiabilityTechnological Protection Measures2011-09-06T07:50:12ZBlog EntryNovember 2010 Bulletin
https://cis-india.org/about/newsletters/november-2010-bulletin
<b>Greetings from the Centre for Internet and Society! </b>
<h3><b>News Updates</b></h3>
<ul>
<li style="text-align: justify; ">The internet’s new billion: New web users — in countries like Brazil and China — are changing the culture of the internet.<a href="http://bit.ly/hKUb5n" target="_blank"><br />http://bit.ly/hKUb5n</a></li>
</ul>
<ul>
<li style="text-align: justify; ">‘Piracy is now a mainstream political phenomenon': “Piracy has become a mainstream political phenomenon,” said Sunil Abraham, executive director of the Centre for Internet and Society in the city. The piracy that he was referring to was not the piracy of the high seas but the piracy of intellectual property.<a href="http://bit.ly/gMC1Br" target="_blank"><br />http://bit.ly/gMC1Br</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Open standards policy in India: A long, but successful journey: Last week, India became another major country to join the growing, global open standards movement. After three years of intense debate and discussion, India's Department of IT in India finalized its Policy on Open Standards for e-Governance, joining the ranks of emerging economies like Brazil, South Africa and others. This is a historic moment and India's Department of Information Technology (DIT) deserves congratulations for approving a policy that will ensure the long-term preservation of India's e-government data.<a href="http://bit.ly/dGo6Qo" target="_blank"><br />http://bit.ly/dGo6Qo</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Information, the world's new capital - Digital Natives: Information is the new capital and currency of the world, Nishant Shah, of the India-based Digital Natives with a Cause, told Bizcommunity.com yesterday, 10 November 2010, as the three-day workshop on digital and internet technologies that brought together young delegates from nine African countries ended in Johannesburg, South Africa. "If the 20th century was the age of the industrial revolution, the 21st century is now actually the age of the knowledge information," Shah said.<a href="http://bit.ly/dpXIKY" target="_blank"><br />http://bit.ly/dpXIKY</a></li>
</ul>
<ul>
<li style="text-align: justify; ">What it means to be a child today: They move seamlessly between reality and virtual reality. The digital landscape they inhabit comprises generations — not of family — but of technology such as Web 2.0, 3G, PS4 and iPhone5. Their world has moved beyond their neighbourhood, school and childhood friends to encompass a 500-channel television universe, the global gaming village, the endless internet. These are the children born in the last decade and half — possibly the first generation that has never known a world without hi-tech.<a href="http://bit.ly/cz3nBJ" target="_blank"><br />http://bit.ly/cz3nBJ</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Report: Digitally Open: Innovation and Open Access Forum, 23 Oct 2010, Doha, Qatar: A summary of the event "Digitally Open: Innovation and Open Access Forum" held in Doha.<a href="http://bit.ly/catHoi" target="_blank"><br />http://bit.ly/catHoi</a></li>
</ul>
<ul>
<li style="text-align: justify; ">DOC 2.0: A Resources Sharing Mela by NGO Documentation Centres: A Resource Sharing Mela and Meet of DCM (Document Centres Meet) at the Centre for Education & Documentation in Domlur, Bangalore.<a href="http://bit.ly/dnwQMf" target="_blank"><br />http://bit.ly/dnwQMf</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Wi-Fi Direct promises range, bandwidth higher than Bluetooth: Sharing, printing and connecting for Wi-Fi devices is going to be more convenient than ever with soon-to-be-launched technology Wi-Fi Direct, which enables devices to connect to each other without a conventional Wi-Fi hub. This article by Ramkumar Iyer was published in the Hindu on 31 October 2010.<a href="http://bit.ly/aUul9f" target="_blank"><br />http://bit.ly/aUul9f</a></li>
<li style="text-align: justify; ">Access to Knowledge in the Age of Intellectual Property: Access to Knowledge in the Age of Intellectual Property charts the rise of the access to knowledge movement, a movement in which Open Society Foundations have played a key role. It maps the vast terrain of legal, cultural, and technical issues that activists and thinkers aligned to the movement negotiate every day.<a href="http://bit.ly/9nkQFM" target="_blank"><br />http://bit.ly/9nkQFM</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Social Mashup!: Save the Date Join us to meet India’s most passionate, innovative, and curious start-up social entrepreneurs for two groundbreaking days of conversations, connections and inspiration. This event will be held on 2-3 December 2010 at the Indian School of Business in Hyderabad.<a href="http://bit.ly/bKKcar" target="_blank"><br />http://bit.ly/bKKcar</a></li>
</ul>
<ul>
<li style="text-align: justify; "> Digitally Open: Innovation and Open Access Forum: Promoting Openness in Today's Digital World<a href="http://bit.ly/961Ieg" target="_blank"><br />http://bit.ly/961Ieg</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Crisis for identity or identity crisis?: The hurry with which the government is pushing its most ambitious project to assign a number (UID) to every citizen without any feasibility study or public debate has raised many questions. <a href="http://bit.ly/8Zt9mf" target="_blank">http://bit.ly/8Zt9mf</a></li>
</ul>
<h3><b>Upcoming Event</b></h3>
<ul>
<li style="text-align: justify; ">Identity, Identification and Media Representation in Video Game Play: An Audience Reception Study: Adrienne Shaw from the Annenberg School of communications, who is a visiting fellow at MICA is giving a public talk on research on representation in video games on 27 November 2010 at the Centre for Internet and Society in Bangalore.<a href="http://bit.ly/909xkU" target="_blank"><br />http://bit.ly/909xkU</a></li>
</ul>
<h2><b>Research</b></h2>
<ul>
<li style="text-align: justify; ">My Bubble, My Space, My Voice Workshop - Perspective and Future<br />The second workshop for the “Digital Natives with a Cause?” research project named “My Bubble, My Space, My Voice” took place at the Link Center of Wits University, in Johannesburg, South Africa from 6 November 2010 to 9 November 2010. Samuel Tettner, Digital Natives Co-cordinator shares his perspective on the workshop.<a href="http://bit.ly/bPX6Xd" target="_blank"><br />http://bit.ly/bPX6Xd</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Archive and Access: Call for Review<br />The Archive and Access research project by Rochelle Pinto, Aparna Balachandran and Abhijit Bhattacharya is a part of the Researchers @ Work Programme at the Centre for Internet and Society, Bangalore. The project that attempts to look at the ways in which the notion of the archive, the role of the archivist and the relationship between the state and private archives that has undergone a transition with the emergence of Internet technologies in India has been put up for public review. <a href="http://bit.ly/d4o809" target="_blank">http://bit.ly/d4o809</a></li>
</ul>
<ul>
<li>Just Where We Like It<br />The micro space for status updates might become the new public space for discussion. Nishant Shah's column on Digital Natives was published in the Sunday Eye of the Indian Express on 21 November 2010.<a href="http://bit.ly/96cK8q" target="_blank"><br />http://bit.ly/96cK8q</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Taking It to the Streets<br />The previous posts in the Beyond the Digital series have discussed the distinct ways in which young people today are thinking about their activism. The fourth post elaborates further on how this is translated into practice by sharing the experience of a Blank Noise street intervention: Y ARE U LOOKING AT ME?<a href="http://bit.ly/ciyiiR" target="_blank"><br />http://bit.ly/ciyiiR</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Talking Back without "Talking Back"<br />The activism of digital natives is often considered different from previous generations because of the methods and tools they use. However, reflecting on my conversations with The Blank Noise Project and my experience in the ‘Digital Natives Talking Back’ workshop in Taipei, the difference goes beyond the method and can be spotted at the analytical level – how young people today are thinking about their activism.<a href="http://bit.ly/bHAvDE" target="_blank"><br />http://bit.ly/bHAvDE</a></li>
</ul>
<ul>
<li style="text-align: justify; ">The 'Beyond the Digital' Directory<br />For the past few months, Maesy Angelina has been sharing the insights gained from her research with Blank Noise on the activism of digital natives. The ‘Beyond the Digital’ directory offers a list of the posts on the research based on the order of its publication.<a href="http://bit.ly/b3TK3C" target="_blank"><br />http://bit.ly/b3TK3C</a></li>
</ul>
<ul>
<li style="text-align: justify; ">First Thing First<br />Studies often focus on how digital natives do their activism in identifying the characteristics of youth digital activism and dedicate little attention to what the activism is about. The second blog post in the Beyond the Digital series reverses this trend and explores how the Blank Noise Project articulates the issue it addresses: street sexual harassment. <a href="http://bit.ly/cM1HFf" target="_blank"><br />http://bit.ly/cM1HFf</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Change has come to all of us<br />The general focus on a digital generational divide makes us believe that generations are separated by the digital axis, and that the gap is widening. There is a growing anxiety voiced by an older generation that the digital natives they encounter — in their homes, schools and universities and at workplaces — are a new breed with an entirely different set of vocabularies and lifestyles which are unintelligible and inaccessible. It is time we started pushing the boundaries of what it means to be a digital native.<a href="http://bit.ly/9J82YY" target="_blank"><br />http://bit.ly/9J82YY</a></li>
</ul>
<h2><b>Accessibility</b></h2>
<ul>
<li style="text-align: justify; ">e-Accessibility Policy Handbook for Persons with Disabilities<br />The Centre for Internet and Society is proud to announce the launch of its first publication, the “e-Accessibility Policy Handbook for Persons with Disabilities" in collaboration with the G3ict (Global Initiative for Inclusive Information Communication Technologies) and ITU (International Telecommunications Union), and sponsored by the Hans Foundation. The handbook is compiled and edited by Nirmita Narasimhan. Dr. Hamadoun I. Toure, Secretary-General, International Telecommunication Union has written the preface, Dr. Sami Al-Basheer, Director, ITU-D has written the introduction and Axel Leblois, Executive Director, G3ict has written the foreword.<a href="http://bit.ly/gfKNYO" target="_blank"><br />http://bit.ly/gfKNYO</a></li>
</ul>
<h2><b>Intellectual Property</b></h2>
<ul>
<li>Statement of CIS on the Work of the Committee in the 21st SCCR<br />The twenty-first session of the Standing Committee on Copyright and Related Rights was held in Geneva from 8 to 12 November 2010. Nirmita Narasimhan attended the conference and represented the Centre for Internet and Society.<a href="http://bit.ly/fJVNPI" target="_blank"><br />http://bit.ly/fJVNPI</a></li>
</ul>
<ul>
<li>We’ve All Got Some Baggage<br />America’s newest trade agreement is not going to kill only iPods. The article appeared in the Tehelka Magazine Vol 7, Issue 45, Dated November 13, 2010 <a href="http://bit.ly/cVrpWd" target="_blank"><br />http://bit.ly/cVrpWd</a></li>
</ul>
<h2><b>Internet Governance</b></h2>
<ul>
<li style="text-align: justify; ">Consumer Privacy - How to Enforce an Effective Protective Regime?<br />In a typical sense, when people think of themselves as consumers, they just think about what they purchase, how they purchase and how they use their purchase. But while doing this exercise we are always exchanging personally identifiable information, and thus our privacy is always at risk. In this blog post, Elonnai Hickok and Prashant Iyengar through a series of questions look through the whole concept of consumer privacy at the national and international levels. By placing a special emphasis on Indian context, this post details the potential avenues of consumer privacy in India and states the important elements that should be kept in mind when trying to find at an effective protective regime for consumer privacy.<a href="http://bit.ly/eEs5Qx" target="_blank"><br />http://bit.ly/eEs5Qx</a></li>
</ul>
<ul>
<li style="text-align: justify; ">CIS Responds to Privacy Approach Paper<br />A group of officers was created to develop a framework for a privacy legislation that would balance the need for privacy protection, security, sectoral interests, and respond to the domain legislation on the subject. Shri Rahul Matthan of Tri Legal Services prepared an approach paper for the legal framework for a proposed legislation on privacy. The approach paper is now being circulated for seeking opinions of the group of officers and is also being placed on the website of the Department of Personnel and Training for seeking public views on the subject. The Privacy India team at CIS responded to the approach paper and has called for the need for a more detailed study of statutory enforcement models and mechanisms in the creation of privacy legislation.<a href="http://bit.ly/eVTwVC" target="_blank"><br />http://bit.ly/eVTwVC</a></li>
<li style="text-align: justify; ">Privacy and Banking: Do Indian Banking Standards Provide Enough Privacy Protection<br />Banking is one of the most risky sectors as far as privacy is concerned due to the highly sensitive and personal nature of information which is often exchanged, recorded and retained. Although India has RBI guidelines and legislations to protect data, this blog post looks at the extent of those protections, and what are the areas that still need to be addressed.<a href="http://bit.ly/flq09V" target="_blank"><br />http://bit.ly/flq09V</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Privacy and Telecommunications: Do We Have the Safeguards?<br />All of you often come across unsolicited and annoying telemarketing calls/ SMS's, prank calls, pestering calls for payment, etc. Do we have any safeguards against them? This blog post takes a look at the various rules and regulations under Indian law to guard our privacy and confidentiality.<a href="http://bit.ly/hnTwKp" target="_blank"><br />http://bit.ly/hnTwKp</a></li>
</ul>
<ul>
<li>Privacy, Free/Open Source, and the Cloud<br />A look into the questions that arise in concern to privacy and cloud computing, and how open source plays into the picture.<a href="http://bit.ly/awpCyF" target="_blank"><br />http://bit.ly/awpCyF</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Privacy Concerns in Whole Body Imaging: A Few Questions<br />Security versus Privacy...it is a question that the world is facing today when it comes to using the Whole Body Imaging technology to screen a traveller visually in airports and other places. By giving real life examples from different parts of the world Elonnai Hickok points out that even if the Government of India eventually decides to advocate the tight security measures with some restrictions then such measures need to balanced against concerns raised for personal freedom. She further argues that privacy is not just data protection but something which must be viewed holistically and contextually when assessing new policies.<a href="http://bit.ly/9rvQPt" target="_blank"><br />http://bit.ly/9rvQPt</a></li>
</ul>
<ul>
<li style="text-align: justify; ">American Bar Association Online Privacy Conference: A Report<br />On 10 November 2010, I attended an American Bar Association online conference on 'Regulating Privacy Across Borders in the Digital Age: An Emerging Global Consensus or Vive la Difference'. The panelists addressed many important global privacy challenges and spoke about the changes the EU directive is looking to take. <a href="http://bit.ly/dy41zc" target="_blank"><br />http://bit.ly/dy41zc</a></li>
</ul>
<h2><b>Telecom</b></h2>
<ul>
<li style="text-align: justify; ">3G Life<br />You can video chat, stream music and watch TV on your phone. Offering high-speed internet access, 3G would change the world of mobile computing. Nishant Shah's article was published in the Indian Express on 14 November 2010.<a href="http://bit.ly/gyxaW2" target="_blank"><br />http://bit.ly/gyxaW2</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Ideology and ICT Policies<br />For better policies, decision-makers need to know their own and others’ biases, and consider what others are doing, writes Shyam Ponappa in an article published in the Business Standard on 4 November 2010. <a href="http://bit.ly/dbl3Ai" target="_blank"><br />http://bit.ly/dbl3Ai</a></li>
</ul>
<hr />
<p style="text-align: justify; ">Looking forward to your feedback. Please feel free to write to us for any queries or details required. If you do not wish to receive these emails, please do write to us and we will unsubscribe your mail ID from the mailing list.</p>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/november-2010-bulletin'>https://cis-india.org/about/newsletters/november-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAW2012-08-07T11:46:10ZPageStatement of CIS on the Work of the Committee in the 21st SCCR
https://cis-india.org/a2k/blogs/sccr-cis-statement
<b>The twenty-first session of the Standing Committee on Copyright and Related Rights was held in Geneva from 8 to 12 November 2010. Nirmita Narasimhan attended the conference and represented the Centre for Internet and Society.</b>
<p>The Centre for Internet and Society is pleased to note the collective intent on the part of member states to find a solution to the lack of accessible reading materials for persons with print disabilities around the world, as evidenced by the number of proposals which have been put forward since the past SCCR. It is clear that member states have been applying their minds to this problem and have presented us with several possible options, which they believe would adequately address this issue. We would however like to take this opportunity to remind them, that disability groups, from both developed and developing countries, who have been grappling with this issue for decades, have been unitedly stressing the urgent need for a legally binding international instrument as the only effective solution to achieve results at a global level.</p>
<p>I would like to very quickly put forward a few thoughts for the consideration of this committee:</p>
<ul>
<li>We believe, that there should be an international treaty harmonising exceptions and limitations for access to reading materials for persons with print disabilities, and that achieving this should be the first priority for work in this committee</li>
<li>Limitations and exceptions are important for promoting access to knowledge, encouraging creativity and furthering the overall development of humankind and hence, should be the subject matter of serious discussions at WIPO; WIPO should play an important role in the development of international copyright law to facilitate greater access to knowledge and information, especially in the context of digital technologies</li>
</ul>
<ul>
<li>Limitations and exceptions on all issues which further the development Agenda of WIPO, including exceptions for the print disabled, education, libraries and other issues, must be discussed amongst member states without delay in the forthcoming meetings of this committee</li>
<li>We feel that there may be some merit in reserving separate sessions for discussing each issue, since this would facilitate more focused and comprehensive deliberations in an expeditious manner</li>
</ul>
<p>Hence, we would like to urge member states to begin work on all these issues, ordering them on the basis of their maturity, with a view to achieving concrete outcomes, which should be informed by the collective wisdom of stakeholders affected by these instruments as to what are the ground realities prevailing in their countries.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/sccr-cis-statement'>https://cis-india.org/a2k/blogs/sccr-cis-statement</a>
</p>
No publishernirmitaIntellectual Property RightsAccess to Knowledge2014-05-29T06:57:29ZBlog EntryWe’ve All Got Some Baggage
https://cis-india.org/a2k/blogs/some-baggage
<b>America’s newest trade agreement is not going to kill only iPods. The article appeared in the Tehelka Magazine Vol 7, Issue 45, Dated November 13, 2010
</b>
<p><b>EARLIER LAST</b> week, a group of renowned academics in the United States wrote a letter to President Obama criticising his administration for the secrecy with which a new trade agreement, the Anti-Counterfeiting Trade Agreement (ACTA), was being negotiated. They argued that the agreement that has immense public interest implications, including freedom of speech and expression, privacy, access to medicines and access to technology, has been conducted only with the interests of large corporations in mind. The first official release of the draft text of this treaty took place only in April 2010, and since then there has not been a single public meeting to invite comments on the text. So what is the deal on ACTA, also known in some circles as the ‘iPod killer’ agreement, and why should we in India be concerned about it? To get a sense of the importance of ACTA, it would be useful to understand briefly the history of negotiations on multilateral agreements on intellectual property.</p>
<p>The establishment of the World Trade Organisation (WTO) and the successful conclusion of the negotiations of the TRIPS agreement set a minimum standard for intellectual property laws across the world. In the absence of an international standard, countries have far more flexibility in creating national laws that may be more suited to the development or technological needs of their society, and this is especially for developing countries hoping to create indigenous technological capabilities.</p>
<p>The best example of this perhaps is the rise of the generic pharmaceutical industry in India. Till the Patent Amendment in 2005, India did not recognise the grant of a product patent for drugs, and only allowed a process patent. This enabled pharmaceutical companies in India to import expensive drugs, reverse engineer them and create cheaper alternatives. And it is through this that India became a country that not only produced affordable medicines, but also exported them to many other countries, particularly in Africa.</p>
<p>After India became a member of the WTO and a signatory to the TRIPS agreement, it was obliged to change its patent laws to recognise product patents on drugs. It is clear then that the establishment of a multilateral venue for the creation of common norms can often act against the interests of developing countries that have much less of a bargaining power. This was particularly true in the early days of the WTO.</p>
<p>However, as countries like India, China and Brazil grew in strength and others also started getting a better sense of how developing countries could play the multilateral game, the very mode that was supposed to guarantee the protection of the interests of the global north became the basis through which other countries started articulating their own concerns. In 2004 for instance, the World Intellectual Property Organisation (WIPO) adopted a proposal for the establishment of a Development Agenda. This declaration proposed by Brazil and Argentina and supported by many countries of the southern hemisphere sought to bring development concerns into the agenda of the WIPO, thereby limiting the absolute rights of owners of intellectual property and argued for a more equitable global IP regime.</p>
<p>Two weeks after WIPO’s September 2007 adoption of the Development Agenda, the US, European and Japanese officials announced that they would seek to negotiate a new agreement in order to “set a new, higher benchmark for enforcement that countries can join on a voluntary basis”. Thus began the negotiations around the Anti-Counterfeiting and Trade Agreement.</p>
<p>ACTA is a new and separate international agreement dedicated to the enforcement of intellectual property. While some alleged that it was an effort to address existing limitations in the TRIPS agreement, it actually creates a wide range of policing powers. The two biggest concerns about ACTA include the creation of a new global IP enforcement regime by granting powers to customs officials to act as watchdogs for IP infringement. This essentially means that customs officials have the right to inspect any electronic device, including computers, hard drives and music devices, for copyright infringing materials. A scary proposition for anyone who travels. While apparently there are discussions over whether personal use items will be exempt, the fact that the agreement is being negotiated in such secrecy means that we don’t really know what the implications actually are. The second area of concern is the fact that ACTA dramatically intervenes in the creation of Internet policy — notably in regard to the liability of ISPS, search engines and other third parties to charges of ‘contributory’ infringement.</p>
<div class="pullquote">A pirated DVD is very different from a spurious drug, which is very different from a fake Gucci bag, and yet ACTA treats them all alike</div>
<p><b>THE PRIMARY</b> supporters of ACTA include the US, the European Union, Japan, Germany, Switzerland, Australia, South Korea, Canada, New Zealand, Jordan, Morocco, Singapore and the UAE. Notably absent are many of the industrialised middleincome countries that have been the principal targets of the US and European enforcement concern in the past decade: Brazil, India, Russia, South Africa and China.</p>
<p>ACTA introduces a confusing language that deliberately attempts to bring things together that are not related. A pirated DVD is very different from a spurious drug, which is very different from a fake Gucci bag, and yet ACTA brings them all under the ambit of counterfeit goods. The negotiations of ACTA highlight the fact that the US and some countries in Europe have realised that multilateral venues like the WTO and WIPO are no longer the happy hunting grounds of hegemonic aspirations, and that it makes more sense now to have an agreement that is initiated by powerful countries who then use a bilateral mode of coercion to have countries sign on and then make it a multilateral agreement.</p>
<p>The classic mode of coercion, followed for instance by the US, has been the annual United States Trade Representative (USTR) reports that rank countries on the basis of their IP enforcement. Based on their assessment, they place countries on different watch lists, and these are backed by trade sanctions against a country. India and China have consistently made it to the priority watch list for the past 10 years, and using a carrotand- stick approach, the USTR makes recommendations for changes in national laws. It seems the failure to create norms at multilateral forums necessitated the creation of forums like ACTA, which when combined with the USTR, are used to exert pressure that can convert countries resistant to a dominant IP system into accepting higher norms on a voluntary basis.</p>
<p>Read the original <a class="external-link" href="http://www.tehelka.com/story_main47.asp?filename=Ne131110We_ve_All.asp">here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/some-baggage'>https://cis-india.org/a2k/blogs/some-baggage</a>
</p>
No publisherlawrenceIntellectual Property RightsAccess to Knowledge2014-05-29T07:22:29ZBlog EntryOctober 2010 Bulletin
https://cis-india.org/about/newsletters/october-2010-bulletin
<b>Greetings from the Centre for Internet and Society! </b>
<h3><b>News Updates</b></h3>
<ul>
<li>Internet, szabadon<br />A polgárjogi aktivisták konfrontálódtak és panaszkodtak, a Google és a Facebook hárított és panaszkodott az Internet at Liberty konferencián, amelyet kedden és szerdán rendezett a Google és a CEU Budapesten.<a href="http://bit.ly/dwNhRw"><br />http://bit.ly/dwNhRw</a></li>
<li>Hogyan szűrik a kormányok az internetes tartalmakat?<br />Az internet szabadságáról tartanak háromnapos konferenciát Budapesten a Google és a Közép-Európai Egyetem (CEU) szervezésében. Kedden az internetes tartalmak szűrése volt a legfontosabb téma a rendezvényen.<a href="http://bit.ly/aFApER"><br />http://bit.ly/aFApER</a></li>
<li>Konferencia az internetes szólásszabadságról Budapesten<br />Az internet és szólásszabadság viszonyát vitatják meg Budapesten, a Közép-Európai Egyetem és a Google szervezte, háromnapos konferencián<a href="http://bit.ly/9evwE4"><br />http://bit.ly/9evwE4</a></li>
<li>How the UID project can be a cause for concern<br />The Unique Identification Authority of India (UIDAI), headed by Nandan Nilekani, is the UPA government's most ambitious project, where one billion Indians are branded with a unique identity number.<a href="http://bit.ly/bl7INY"><br />http://bit.ly/bl7INY</a></li>
<li>In new Facebook features, a comeback for community<br />Nearly 750 tweets bombard the web every second. Internet traffic is growing by 40 per cent a year. People post 2.5 billion photos on Facebook every month. Every minute, 24 hours of video is uploaded on YouTube. But who owns all that data? Until now, big business was in complete control and used the data to monetise operations. But all that is set to change. With Facebook launching two new features, ‘Groups' and a ‘Download your information,' the community is making a comeback.<a href="http://bit.ly/arEi4V"><br />http://bit.ly/arEi4V</a></li>
<li>Stiff Resistance Dogs India's ID Plan <br />An article about the UID project by Indrajit Basu in Asia Times Online.<a href="http://bit.ly/bMcOSs"><br />http://bit.ly/bMcOSs</a></li>
<li>Data Activism and Grassroots Empowerment in India<br />Glover Wright of the Center for Internet and Society talks about Data Activism and Grassroots Empowerment in India at the Innovate/Activate Unconference in New York Law School on 24 September 2010.<a href="http://bit.ly/alnjsn"><br />http://bit.ly/alnjsn</a></li>
</ul>
<h3><b>Upcoming Events</b></h3>
<ul>
<li>Enabling Access to Education through ICT<br />ICT workshop in Delhi....Registrations open! <a href="http://bit.ly/9flyEK"><br />http://bit.ly/9flyEK</a></li>
</ul>
<ul>
<li>Network Culture: Archaeological and Artistic Interventions Public Seminar – Talk by Kristoffer Gansing and Linda Hilfing<br />Kristoffer Gansing and Linda Hilfling will give a talk on Network Culture on 8 November 2010 in the Centre for Internet and Society, Bangalore.<a href="http://bit.ly/cEmOZw"><br />http://bit.ly/cEmOZw</a></li>
</ul>
<h2><b>Research</b></h2>
<ul>
<li style="text-align: justify; ">City in the Internet 1: Geography Imagined (Part 1) <br />“The estuaries that flirt with the land mass before they finally perish in the vast deep blue ocean beyond were perfect in their shape and grace. And you know what; from top it appears like a surreal landscape that is so restive and peaceful, almost heaven. The countryside is actually very beautiful”, says Pratyush Shankar in his latest blog post. A random conversation between two persons discovering the joys of seeing our existence through Google Earth!<a href="http://bit.ly/9klUn1"><br />http://bit.ly/9klUn1</a></li>
</ul>
<ul>
<li>A Digital Native coordinating Digital Natives<br />Samuel Tettner, joined CIS as a Research Coordinator for the Digital Natives project. He has written a blog entry about his experiences in the project.<a href="http://bit.ly/cpJMQq"><br />http://bit.ly/cpJMQq</a></li>
<li>You Are Here<br />Geo-tagging applications are creating new and impromptu communities of true, says Nishant Shah in his column on Digital Natives in the Indian Express.<a href="http://bit.ly/a64kj7"><br />http://bit.ly/a64kj7</a></li>
<li style="text-align: justify; ">નિશાંત શાહ: ડિજિટલ પેઢીનો ઉદય<br />‘ડિજિટલ નાગરિક’ તેમને કહેવામાં આવે છે જેણે સામાન્ય જનજીવનમાં ડિજિટલ ટેક્નોલોજીના પ્રવેશ થઈ ગયા બાદ જન્મ લીધો છે. ડિજિટલ નાગરિકો દરેક જગ્યાએ છે. હવે સમય આવી ગયો છે કે આપણે એ જાણવાનો પ્રયાસ કરીએ કે આ લોકો કોણ છે, તેઓ શું કરી રહ્યા છે, તેઓ પોતાના અંગે શું વિચારે છે અને કેવી રીતે તેઓ કશું પણ જાણ્યા વગર આપણા ભવિષ્યને નવો આકાર આપવાનું કામ કરી રહ્યા છે. (A column by Nishant Shah in the Gujarati newspaper Divya Bhaskar)<a href="http://bit.ly/9HnyBa"><br />http://bit.ly/9HnyBa</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Digital Natives with a Cause?— Workshop in South Africa—FAQs<br />The second international Digital Natives Workshop "My Bubble, My Space, My Voice" will be held in Johannesburg from 7 to 9 November 2010. Some frequently asked questions regarding the upcoming workshop are answered in this blog entry.<a href="http://bit.ly/c1XJHO"><br />http://bit.ly/c1XJHO</a></li>
</ul>
<ul>
<li style="text-align: justify; ">The silent rise of the Digital Native<br />In late August, this year, the world shook for many when they went online (on their computers, PDAs, iPads, laptops) and realised that the comfortable zone of talking, chatting, sharing and doing just about everything else, had suddenly, without a warning, changed overnight (or afternoon, or morning, depending upon the time-zone they lived in). With a single change in its privacy and location settings, Facebook, home to billions of internet hours consisting of relationships, friendships, professional networks, social gaming, entertainment trivia, memories and exchanges, allowed its users to geo-tag themselves when on-the-move.<a href="http://bit.ly/bHY72Y"><br />http://bit.ly/bHY72Y</a></li>
</ul>
<ul>
<li>The geek shall inherit the earth<br />Demystifying the mysterious -agents changing the world around you...A column on Digital Natives by Nishant Shah in the Indian Express.<a href="http://bit.ly/aq2BqY"><br />http://bit.ly/aq2BqY</a></li>
</ul>
<ul>
<li style="text-align: justify; ">Digital Natives Workshop in South Africa - Call for Participation<br />The African Commons Project, Hivos and the Centre for Internet and Society have joined hands for organising the second international workshop "My Bubble, My Space, My Voice" in Johannesburg from 07 to 09 November 2010. Send in your applications now!<a href="http://bit.ly/d0rl7E"><br />http://bit.ly/d0rl7E</a></li>
</ul>
<h2><b>Telecom</b></h2>
<ul>
<li style="text-align: justify; ">Broad-basing Broadband<br />Education and training through the Internet need Commonwealth Games-like crisis management, says Shyam Ponappa in an article on broadband for education and training published in the Business Standard on 7 October 2010.<a href="http://bit.ly/dnMtpU"><br />http://bit.ly/dnMtpU</a></li>
</ul>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/october-2010-bulletin'>https://cis-india.org/about/newsletters/october-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-08-07T12:02:11ZBlog EntrySeptember 2010 Bulletin
https://cis-india.org/about/newsletters/september-2010-bulletin
<b>Greetings from the Centre for Internet and Society! In this bulletin we bring you updates of our research, news and media coverage and announcement of events organised in the month of September 2010.</b>
<h2><b>News Updates</b></h2>
<ul>
<li style="text-align: justify; ">Conference: Internet at Liberty 2010: This conference is being held in Budapest from 20 to 22 September 2010. It is co-sponsored by Google and Central European University. Sunil Abraham and Anja Kovacs are attending the conference. <a href="http://bit.ly/afo0WY" target="_blank"><br />http://bit.ly/afo0WY</a> </li>
</ul>
<ul>
<li style="text-align: justify; "> INDIA Fears of Privacy Loss Pursue Ambitious ID Project: Fears about loss of privacy are being voiced as India gears up to launch an ambitious scheme to biometrically identify and number each of its 1.2 billion inhabitants. <a href="http://bit.ly/dnJDRu" target="_blank"><br />http://bit.ly/dnJDRu</a> </li>
<li style="text-align: justify; ">Innovate / Activate: The event will be held on 24 and 25 September 2010 at New York Law School. <a href="http://bit.ly/cbICFq" target="_blank">http://bit.ly/cbICFq</a> </li>
<li style="text-align: justify; ">Webinar: Closed for Business: A Global Panel Discusses International Copyright Laws and Their Impact on the Open Internet <a href="http://bit.ly/a3ZFBw" target="_blank"><br />http://bit.ly/a3ZFBw</a> </li>
<li style="text-align: justify; ">The madness of software patents <br />India’s patent law excludes software per se, yet over a thousand patents have been granted, writes Lata Jishnu in an article published in Down to Earth. <a href="http://bit.ly/cpHd7R" target="_blank"><br />http://bit.ly/cpHd7R</a> </li>
<li style="text-align: justify; ">Why piracy is tough to rein in <br />“Video market is being treated as a poor cousin of the film industry” <a href="http://bit.ly/aDUpiY" target="_blank"><br />http://bit.ly/aDUpiY</a> </li>
<li style="text-align: justify; ">Transparency and MDGs: the Role of the Media and Technology <br />Key quotes from sixth panel <a href="http://bit.ly/b3a0YC" target="_blank"><br />http://bit.ly/b3a0YC</a> </li>
<li style="text-align: justify; ">Copyright bill restricts Net access <br />Law to curb piracy may fetter creativity <a href="http://bit.ly/cFj3rD" target="_blank"><br />http://bit.ly/cFj3rD</a> </li>
<li style="text-align: justify; ">科技改變社會 數位原生代計畫 <br />The Chinese language press covered the Digital Natives workshop in Taipei. <a href="http://bit.ly/bPhEO4" target="_blank"><br />http://bit.ly/bPhEO4</a> </li>
<li style="text-align: justify; ">科技改變社會數位原生代掀波 <br />The Chinese press published an article on Digital Natives. <a href="http://bit.ly/bHaQor" target="_blank"><br />http://bit.ly/bHaQor</a> </li>
<li style="text-align: justify; ">Information is Beautiful hacks in India with David Cameron <br />The Prime Minister took some of the UK's top hackers and data experts with him to India this week. David McCandless was with them. <a href="http://bit.ly/dr3AJ2" target="_blank"><br />http://bit.ly/dr3AJ2</a> </li>
</ul>
<hr />
<h2><b>Events</b></h2>
<ul>
<li>International Conference on Enabling Access to Education through ICT: ICT workshop in New Delhi from 27th to 29th October, 2010...Registrations open!<a href="http://bit.ly/9flyEK" target="_blank"><br />http://bit.ly/9flyEK</a> </li>
<li>A Talk by Philipp Schmidt: Philip Schmidt of Peer 2 Peer University will be giving a lecture at the Centre for Internet and Society, Bangalore on 6 October, 2010. <a href="http://bit.ly/aVyzMq" target="_blank"><br />http://bit.ly/aVyzMq</a> </li>
</ul>
<hr />
<h2><b>Research</b></h2>
<ul>
<li style="text-align: justify; ">On Talking Back: A Report on the Taiwan Workshop: What does it mean to Talk Back? Who do we Talk Back against? Are we alone in our attempts or a part of a larger community? How do we use digital technologies to find other peers and stake-holders? What is the language and vocabulary we use to successfully articulate our problems? How do we negotiate with structures of power to fight for our rights? These were the kind of questions that the Talking Back workshop held in the Institute of Ethnology, Academia Sinica in Taiwan from 16 to 18 August 2010 posed. <a href="http://bit.ly/daE4dM" target="_blank"><br />http://bit.ly/daE4dM</a> </li>
<li style="text-align: justify; ">The Binary: City and Nature: A continuation of the last post wherein I am looking at various other representation of the city in both classical and popular medium, today I am writing my views on the analysis of certain Miniature paintings. <a href="http://bit.ly/b5FP5D" target="_blank"><br />http://bit.ly/b5FP5D</a> </li>
<li style="text-align: justify; ">Of the State and the Governments - The Abstract, the Concrete and the Responsive: This post examines the concepts of state and government to lay the ground for understanding responsiveness enforced through transparency discourses and the deployment of ICTs, the Internet and e-governance programmes. It also lays the context for understanding why and how ICTs. Internet and e-governance have been deployed in India for improving government-citizen interfaces, eliminating middlemen, delivering services electronically and for introducing a range of similar reforms to institute transparency and a responsive state. <a href="http://bit.ly/cNLKcY" target="_blank"><br />http://bit.ly/cNLKcY</a> </li>
<li style="text-align: justify; ">The Responsive State --- Introduction to the Series: This post is an introduction to a series of posts on the concept of the 'responsive state'. In this series, I try to explain the various meanings that the term responsiveness has come to acquire when it is used in relation with the discourses surrounding transparency and the deployment of ICTs and the Internet to enforce transparency and thereby create a responsive state. Understanding the notion of responsiveness requires us to revisit and analyze certain concepts and the relations that have been drawn between concepts such as state, government, politics, administration, transparency, effectiveness, government-citizen interface, ICTs and effectiveness, among others. <a href="http://bit.ly/agBOiq" target="_blank"><br />http://bit.ly/agBOiq</a> </li>
<li style="text-align: justify; ">Attentional Capital in Online Gaming: The Currency of Survival <br />This blog post by Arun Menon discusses the concepts of production, labour and race in virtual worlds and their influence on the production of attention as a currency. An attempt is made to locate attentional capital, attentional repositories and attention currencies within gaming to examine 'attention currencies and its trade and transactions in virtual worlds. A minimal collection of attention currencies are placed as central and as a pre-requisite for survival in MMOs in much the same way that real currency become a necessity for survival. The approach is to locate attentional capital through different perspectives as well as examine a few concepts around virtual worlds. <a href="http://bit.ly/aaGZj8" target="_blank"><br />http://bit.ly/aaGZj8</a> </li>
<li style="text-align: justify; ">What's in a Name? Or Why Clicktivism May Not Be Ruining Left Activism in India, At Least for Now: In a recent piece in the Guardian titled “Clicktivism Is Ruining Leftist Activism”, Micah White expressed severe concern that, in drawing on tactics of advertising and marketing research, digital activism is undermining “the passionate, ideological and total critique of consumer society”. His concerns are certainly shared by some in India: White's piece has been circulating on activist email lists where people noted with concern that e-activism may be replacing “the real thing” even in this country. But is the situation in India really this dire? <a href="http://bit.ly/9a3I0G" target="_blank"><br />http://bit.ly/9a3I0G</a> </li>
<li style="text-align: justify; ">Sexuality, Queerness and Internet technologies in Indian context: This blog post lays out the discursive construction of sexuality and queerness as intelligible domains in the Indian context while engaging with ideas of visibility, representation, exclusion, publicness, criminality, difference, tradition, experience, and community that have come into use with the critical responses to queer identities and practices in India. <a href="http://bit.ly/byfPye" target="_blank"><br />http://bit.ly/byfPye</a> </li>
</ul>
<hr />
<h2><b>Accessibility</b></h2>
<p style="text-align: justify; ">Enabling Access to Education through ICT - A Conference in Delhi: The Centre for Internet and Society (CIS), Bangalore in cooperation with the Global Initiative for Inclusive ICT (G3ICT), a flagship advocacy organization of the UN Global Alliance on ICT and Development (UN-GAID), the International Telecommunications Union (ITU), UNESCO, Digital Empowerment Foundation, Society for Promotion of Alternative Computing and Employment and the Deafway Foundation is organizing an international conference, Enabling Access to Education through ICT in New Delhi from 27 to 29 October 2010. The event is sponsored by Hans Foundation. Registration for the conference has begun. <a href="http://bit.ly/bmrkf7" target="_blank"><br />http://bit.ly/bmrkf7</a></p>
<hr />
<h2><b>Access to Knowledge<br /></b></h2>
<ul>
<li style="text-align: justify; ">Pre-grant Opposition Filed for a Software Patent Application by Blackberry Manufacturers: A pre-grant opposition was filed against a software patent application filed in the patent office by Certicom, a wholly owned subsidiary of Research in Motion (RIM), manufacturers of Blackberry. The opposition was filed on August 31, 2010 by the Software Freedom Law Centre which has recently expanded its operations to India. This exciting development was announced by Mishi Choudhary from SFLC on the lines of the seminar on “Software Patents and the Commons” organised on 1 September 2010 in Delhi jointly by SFLC, the Centre for Internet and Society, the Society for Knowledge Commons and Red Hat. Filing more such oppositions to software patents in India was in the pipeline and this is just the beginning of a movement to take on monopolisation of knowledge and ideas through patenting software, the organisers said. <a href="http://bit.ly/9wE1Xs" target="_blank"><br />http://bit.ly/9wE1Xs</a> </li>
<li style="text-align: justify; ">First Post-Bilski Decision - Software Patent Rejected: In the first decision post-Bilski, the Board of Patents Appeals and Interferences (BPAI) rejected a software patent claimed by Hewlett-Packard. The ruling in this case has buttressed the fact that the Bilski decision furthered the cause of narrowing the patentability of software even though the Supreme Court of the United States totally avoided mentioning software patents or the applicability of the machine or transformation test for software patents in its decision. <a href="http://bit.ly/cnPw7E" target="_blank"><br />http://bit.ly/cnPw7E</a></li>
<li style="text-align: justify; ">The Bilski Case - Impact on Software Patents: The Supreme Court of the United States gave its decision in Bilski v Kappos on 28 June, 2010. In this case the petitioners’ patent application sought protection for a claimed invention that explains how commodities buyers and sellers in the energy market can protect, or hedge, against the risk of price changes. The Court in affirming the rejection by the Court of Appeals for the Federal Circuit also held that the machine- or-transformation test is not necessarily the sole test of patentability. The Court’s ruling of abstract ideas as unpatentable and its admission that patents do not necessarily promote innovation and may sometimes limit competition and stifle innovation have provided a ray of hope. In the light of the developments, the Bilski decision as far as patentability of software is concerned may not be totally insignificant, says Krithika Dutta Narayana.<a href="http://bit.ly/bjrPGh" target="_blank"><br />http://bit.ly/bjrPGh</a> </li>
</ul>
<hr />
<h2><b>Openness</b></h2>
<ul>
<li> Free Access to Law—Is it here to Stay? An Environmental Scan Report: The following is a preliminary project report collaboratively collated by the researchers of the "Free Access to Law" research study. This report aims to highlight the trends, as well as the risks and opportunities, for the sustainability of Free Access to Law initiatives in each of the country examined. <a href="http://bit.ly/9VVzkk" target="_blank"><br />http://bit.ly/9VVzkk</a> </li>
<li style="text-align: justify; ">Open Access to Science and Scholarship - Why and What Should We Do?: The National Institute of Advanced Studies held the eighth NIAS-DST training programme on “Multidisciplinary Perspectives on Science, Technology and Society” from 26 July to 7 August, 2010. The theme of the project was ‘Knowledge Management’. Dr. MG Narasimhan and Dr. Sharada Srinivasan were the coordinators for the event. Professor Subbiah Arunachalam made a presentation on Open Access to Science and Scholarship. <a href="http://bit.ly/ciohYy" target="_blank"><br />http://bit.ly/ciohYy</a> </li>
</ul>
<hr />
<h2><b>Internet Governance</b></h2>
<ul>
<li style="text-align: justify; ">Moldova Online: An Interview with Victor Diaconu: In this interview for Russian Cyberspace, set up with the help of Sunil Abraham (Executive Director at the Centre for Internet and Society in Bangalore, India), computer software professional Victor Diaconu explains the nature of Internet use, state control and the development of blogging and social media platforms in Moldova. Victor works at Computaris in Chisinau. He is Moldova educated, and has travelled to several western countries (including lengthy stays to US, UK) to learn about and understand what there is to be done in Moldova. Sudha Rajagopalan interviewed Victor Diaconu. <a href="http://bit.ly/cgIvXT" target="_blank"><br />http://bit.ly/cgIvXT</a> </li>
<li style="text-align: justify; ">Presentation of the UID project by Ashok Dalwai – A Report: On Tuesday, 7 September 2010, Ashok Dalwai, the Deputy Director General of the Unique Identification of India (UIDAI), gave a lecture at the Indian Institute for Science in Bangalore. Representing the UID Authority, his presentation explained the vision of the project and focused on the challenges involved in demographic and biometric identification, the technology adopted, and the enrolment process. Elonnai Hickok gives a report of his presentation in this blog post. <a href="http://bit.ly/aAy5DG" target="_blank"><br />http://bit.ly/aAy5DG</a> </li>
<li style="text-align: justify; ">Beyond Access as Inclusion: On 13 September, the day before the fifth Internet Governance Forum opens, CIS is co-organised in Vilnius a meeting on Internet governance and human rights. One of the main aims of this meeting was to call attention to the crucial, yet in Internet governance often neglected, indivisibility of rights. In this blog post, Anja Kovacs uses this lens to illustrate how it can broaden as well reinvigorate our understanding of what remains one of the most pressing issues in Internet governance in developing countries to this day: that of access to the Internet. <a href="http://bit.ly/cgS9py" target="_blank"><br />http://bit.ly/cgS9py</a> </li>
<li style="text-align: justify; ">Summary of UID Public Meeting, August 25 2010: A summary of the "No UID" public meeting that took place on Aug. 25th at the Constitution Club, New Dehli. <a href="http://bit.ly/9epHTz" target="_blank"><br />http://bit.ly/9epHTz</a> </li>
<li style="text-align: justify; ">No UID Campaign in New Delhi - A Report: The Unique Identification (UID) Bill is not pro-citizen. The scheme is deeply undemocratic, expensive and fraught with unforseen consequences. A public meeting on UID was held at the Constitution Club, Rafi Marg in New Delhi on 25 August, 2010. The said Bill came under scrutiny at the meeting which was organised by civil society groups from Mumbai, Bangalore and Delhi campaigning under the banner of "No UID". The speakers brought to light many concerns, unanswered questions and problems of the UID scheme. <a href="http://bit.ly/97HwbS" target="_blank"><br />http://bit.ly/97HwbS</a> </li>
<li style="text-align: justify; ">Wherever you are, whatever you do: Facebook recently launched a location-based service called Places. Privacy advocates are resenting to this new development. Sunil Abraham identifies the three prime reasons for this outcry against Facebook. The article was published in the Indian Express on 23 August, 2010. <a href="http://bit.ly/adXVjB" target="_blank"><br />http://bit.ly/adXVjB</a> </li>
</ul>
<hr />
<h2><b>Telecom</b></h2>
<ul>
<li>What a highway can do: Despite signs of transformational change, we need more - SOPs and quality <a href="http://bit.ly/deUbmU" target="_blank">http://bit.ly/deUbmU</a></li>
</ul>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/september-2010-bulletin'>https://cis-india.org/about/newsletters/september-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-08-10T07:22:30ZPageSeminar on Software Patent and the Commons
https://cis-india.org/a2k/blogs/softtware-patents-and-the-commons
<b>A pre-grant opposition has been filed against a software patent application filed in the patent office by Certicom, a wholly owned subsidiary of Research in Motion (RIM), manufacturers of Blackberry. The opposition was filed on August 31, 2010 by the Software Freedom Law Centre which has recently expanded its operations to India. This exciting development was announced by Mishi Choudhary from SFLC on the lines of the seminar on “Software Patents and the Commons” organised on 1 September 2010 in Delhi jointly by SFLC, the Centre for Internet and Society, the Society for Knowledge Commons and Red Hat. Filing more such oppositions to software patents in India was in the pipeline and this is just the beginning of a movement to take on monopolisation of knowledge and ideas through patenting software, the organisers said.</b>
<p>Software patent opposition is still in its nascent stage in India while several oppositions have been filed against software patents in the US and the EU. The harmful effects of software patents are little known to the Indian public, especially from the context of its danger to development in small and medium size enterprises, as pointed out by Pranesh Prakash from the Centre for Internet and Society who spoke about why software patents are bad for innovation and development in society and also in the software industry, in particular.</p>
<p>In the same context, Venkatesh Hariharan from Red Hat as also Mr. T.C. James, Director of the National Intellectual Property Organisation spoke about the growing importance of free and open source software in education, governmental agencies and as a key agent in information technology policy making in India. “Out of 500 super computers in the world, 446 are running on Linux”, he said, talking about how open source software makes computing highly accessible and affordable while allowing for improvements to be made to the software by any user and releasing it back to benefit the whole community. Dr. Anshu Bhardwaj involved in the Open Source Drug Discovery project undertaken by CSIR, spoke at length about the project as a live demonstration of the power of open source software in impacting drug access and development and health care reform across communities at highly economical rates.</p>
<p>Prof. Eben Moglen, Executive Director of Software Freedom Law Centre in New York who was the keynote speaker at the conference spoke about the growth of the free software and open source movement based on the principle of equating knowledge with commons – that is, a good to be commonly shared by all members of the public – resulting in access to and sharing of knowledge and distribution of information in society for greater innovation, creation of new ideas, communication and development. Dr. Abhijit Sen, member of the Planning Commission was the other keynote speaker who stressed on the role of the government and the policy making bodies to ensure that knowledge and education is accessible and shared without restrictions in such a way that it is not misused by the members of the society.</p>
<p>Other notable speakers in the event included Prabir Purkayastha from the Society for Knowledge Commons, Pradyut Bora, Chief Convenor of BJP's information and technology cell, Jaijit Bhattacharjee from Hewlett Packard and Sudhir Krishnaswamy, Professor, National University of Juridical Sciences. The event also witnessed the participants discuss the various strategies to be used from the perspective of legal analysis as well as policy reform, for opposing software patents filed or granted in India. Indian patent law clearly declares computer programmes per se or software patents to be unpatentable. Prabir Purkayastha pointed out that the most important and major scientific discoveries in history have not been patented and that this has, in no way prevented new ideas from being created and has in fact fostered such innovation. In spite of such a clear legal restriction on grant of software patents, around 1000 software patents have been filed in the patent offices in India in the last year. This trend is extremely disturbing since it poses a serious threat to access to knowledge and distribution of information in society in addition to stifling innovation and development in the software industry.</p>
<p>The seminar was attended by people from diverse backgrounds including the IT industry, civil society organisations, and groups working in pharma patent advocacy, media persons and government officials.</p>
<h3>Videos</h3>
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For more details visit <a href='https://cis-india.org/a2k/blogs/softtware-patents-and-the-commons'>https://cis-india.org/a2k/blogs/softtware-patents-and-the-commons</a>
</p>
No publisherpraskrishnaIntellectual Property RightsSoftware PatentsAccess to Knowledge2011-10-23T14:22:15ZBlog EntryAugust 2010 Bulletin
https://cis-india.org/about/newsletters/august-2010-bulletin
<b>Greetings from the Centre for Internet and Society. We bring you news and media coverage, research and event updates for the month of August 2010</b>
<h3>News Updates</h3>
<p style="text-align: justify; "><b>RIM Offered Security Fixes<br /> </b>In India Talks, BlackBerry Maker Said It Could Share Metadata, Notes Show<br /> <a href="http://bit.ly/ahT7jD" target="_blank">http://bit.ly/ahT7jD</a><br /> <br /> <b>New Project to Assess Potential of Creating Open Government Data</b> <b>Initiatives in Chile, Ghana and Turkey</b><br /> Steve Bratt, CEO of the World Wide Web Foundation (founded in 2009 by Tim Berners-Lee) has made an announcement on moving forward with a project to assess the potential of creating open government data<br /> initiatives in Chile, Ghana, and Turkey - the first step of what we hope to be a global initiative focusing on low- and middle-income countries.<br /> <a href="http://bit.ly/d337Ex" target="_blank">http://bit.ly/d337Ex</a></p>
<p style="text-align: justify; "><b>Govt and BlackBerry firm wait for the other to hang up</b><br />Sunil Abraham speaks to Archna Shukla on the stand-off between the Government of India and RIM. The news was published in expressindia.com.<br /> <a href="http://bit.ly/cGeipL" target="_blank">http://bit.ly/cGeipL</a><br /> <br /><b>Call, text, email complaint against rogue auto driver</b><br /> Harassed by an auto driver? Helplines give you no relief? Here's the people's way to help you out. Just report your issue online, call or even SMS sitting in a noisy restaurant, and be heard.<br /> <a href="http://bit.ly/atiiGW" target="_blank">http://bit.ly/atiiGW</a><br /> <br /> <b>Call to increase awareness of intellectual property rights<br /> </b>We need more knowledge on IPR itself, says IT Secretary<br /> <a href="http://bit.ly/avxY16" target="_blank">http://bit.ly/avxY16</a><br /> <br /> <b>Civil Society groups urge State Judicial Academy to restructure agenda for Judges' Roundtable meet</b><br /> Some of the Civil Society groups in the country have urged the Maharashtra State Judicial Academy to restructure the agenda for the 'Judges Roundtable on Intellectual Property Rights Adjudication' being held in Mumbai on July 24 and 25 to promote public interest and a deeper understanding of intellectual property amongst judicial officers. FICCI is the joint organiser of the event.<br /> <a href="http://bit.ly/dCDZl0" target="_blank">http://bit.ly/dCDZl0</a><br /> <br /> <b>More Debate on UID Project Needed<br /> </b>A press conference on UID was held at the Press Club in Bangalore on 26 July, 2010. It was co-organised by Citizen's Action Forum, Alternate Law Forum and the Centre for Internet and Society. Mathew Thomas and Vinay Baindur spoke about the UID. Proceedings from the conference was covered in the Hindu on 27 July, 2010.<br /> <a href="http://bit.ly/cSEsaP" target="_blank">http://bit.ly/cSEsaP</a><br /> <br /> <b>UID coverage in Udayavani</b><br /> A press conference was held at the Press Club in Bangalore on 26 July, 2010. It was co-organised by Citizen's Action Forum, Alternate Law Forum and the Centre for Internet and Society. Mathew Thomas and Vinay Baindur were the speakers. Leading Kannada newspaper Udayavani covered this event.<br /> <a href="http://bit.ly/c3AU5s" target="_blank">http://bit.ly/c3AU5s</a></p>
<p style="text-align: justify; "><b>Open is the Future<br /> </b>The third Open World Forum will gather together decision-makers from the open digital world, in Paris. 1,500 participants from 40 countries will come together to analyze the technological, economic and social impact of Open Source, the invisible engine behind the digital revolution. The aim: to interpret future trends and cross-fertilize initiatives.<a href="http://bit.ly/amY9Qc" target="_blank"><br />http://bit.ly/amY9Qc</a></p>
<h3 style="text-align: justify; "><a href="http://bit.ly/amY9Qc" target="_blank">
<hr />
</a>Upcoming Events</h3>
<p style="text-align: justify; "><b>No UID till Complete Transparency, Accountability and People's Participation: A Public Campaign <br /></b>An interactive meeting on UID's lack of a feasibility study, cost involved and dangers of abuse is being held in New Delhi at the Constitution Club Auditorium, Rafi Marg on 25 August, 2010. The meeting is jointly organised by INSAF, PEACE, Citizens' Action Forum, People's Union for Civil Liberties - Karnataka, Slum Janandolana - Karnataka, Alternate Law Forum, The Centre for Internet and Society and concerned individuals.<br /> <a href="http://bit.ly/8YsBIJ" target="_blank">http://bit.ly/8YsBIJ</a></p>
<hr />
<p style="text-align: justify; "><b>Internet Governance and Human Rights: Strategies and Collaborations for Empowerment</b><br />Leading up to the 2010 IGF, The Association for Progressive Communications (APC), Global Partners, the Centre for Internet and Society (CIS) and the Dynamic Coalition on Internet Rights and Principles are hosting, on 13 September 2010 in Vilnius, an event on 'Internet Governance and Human Rights: Strategies and Collaborations for Empowerment'.<br /> <a href="http://bit.ly/aoOkPR" target="_blank">http://bit.ly/aoOkPR</a><br /> <br /> <b>Freedom of Expression or Access to Knowledge: Are We Taking the Necessary Steps Towards an Open and Inclusive Internet?</b><br /> The Centre for Internet and Society is co-organising a workshop on Freedom of Expression or Access to Knowledge: Are We Taking the Necessary Steps towards an Open and Inclusive Internet? at the Internet<br /> Governance Forum on 14 September, 2010.<br /> <a href="http://bit.ly/dl1WRL" target="_blank">http://bit.ly/dl1WRL</a></p>
<hr />
<p style="text-align: justify; "><b>Sexual Rights, Openness and Regulatory Systems</b><br />The Centre for Internet and Society is co-organising a workshop on Sexual Rights, Openness and Regulatory Systems at the Internet Governance Forum on 14 September, 2010.<br /> <a href="http://bit.ly/dl1WRL" target="_blank">http://bit.ly/dl1WRL</a><br /> <br /> <b>Data in the Cloud: Where Do Open Standards Fit In?<br /> </b>The Centre for Internet and Society is co-organising a workshop on Data in the Cloud: Where do Open Standards Fit In? on 16 September, 2010 at the Internet Governance Forum.<br /> <a href="http://bit.ly/94AF4h" target="_blank">http://bit.ly/94AF4h</a><br /> <br /> <b>International Conference on Enabling Access to Education through ICT<br /> </b>The Centre for Internet and Society (CIS), Bangalore in cooperation with the Global Initiative for Inclusive ICT (G3ICT), a flagship advocacy organization of the UN Global Alliance on ICT and Development (UN-GAID), the International Telecommunications Union (ITU), UNESCO, Digital Empowerment Foundation, Society for Promotion of Alternative Computing and Employment and the Deafway Foundation is organizing an international conference, Enabling Access to Education through ICT in New Delhi from<br /> 27th to 29th October, 2010....Registrations to begin soon!<br /> <a href="http://bit.ly/9flyEK" target="_blank">http://bit.ly/9flyEK</a></p>
<hr />
<h3 style="text-align: justify; ">Research</h3>
<p style="text-align: justify; "><b>Political is as Political does<br /> </b>The Talking Back workshop has been an extraordinary experience for me. The questions that I posed for others attending the workshop have hounded me as they went through the course of discussion, analysis and dissection. Strange nuances have emerged, certain presumptions have been questioned, new legacies have been discovered, novel ideas are still playing ping-pong in my mind, and a strange restless excitement – the kind that keeps me awake till dawning morn – has taken over me, as I try and figure out the wherefore and howfore of things. I began the research project on Digital Natives in a condition of not knowing, almost two years ago. Since then, I have taken many detours, rambled on strange paths, discovered unknown territories and reached a mile-stone where I still don’t know, but don’t know what I don’t know, and that is a good beginning.<br /> <a href="http://bit.ly/9hY9sR" target="_blank">http://bit.ly/9hY9sR</a><br /> <br /> <b>Digital Natives: Talking Back<br /> </b>One of the most significant transitions in the landscape of social and political movements, is how younger users of technology, in their interaction with new and innovative technologised platforms have taken up responsibility to respond to crises in their local and immediate environments, relying upon their digital networks, virtual communities and platforms. In the last decade or so, the digital natives, in universities as well as in work spaces, as they experimented with the potentials of internet technologies, have launched successful socio-political campaigns which have worked unexpectedly and often without precedent, in the way they mobilised local contexts and global outreach to address issues of deep political and social concern. But what do we really know about this Digital Natives revolution?<br /> <a href="http://bit.ly/bZNoSX" target="_blank">http://bit.ly/bZNoSX</a></p>
<p style="text-align: justify; "><b>Beyond the Digital: Understanding Digital Natives with a Cause</b><br />Digital Natives with a cause: the future of activism or slacktivism? Maesy Angelina argues that the debate is premature given the obscured understanding on youth digital activism and contends that an effort to<br /> understand this from the contextualized perspectives of the digital natives themselves is a crucial first step to make. This is the first out of a series of posts on her journey to explore new insights to understand youth digital activism through a research with The Blank Noise Project under the Hivos-CIS Digital Natives Knowledge Programme.<br /> <a href="http://bit.ly/b1GS7F" target="_blank">http://bit.ly/b1GS7F</a></p>
<h3 style="text-align: justify; ">Accessibility</h3>
<p style="text-align: justify; "><b>Access to Knowledge: Barriers and Solutions for Persons with Disabilities in India</b><br /> Consumers International, Kuala Lumpur and Consumers Association of India in association with Madras Library Association organised a seminar on Access to Knowledge on 31st July, 2010 at the Tamil Nadu Pollution Control Auditorium in Guindy, Chennai. The Principal Secretary to the Government of Tamil Nadu Department of Information Technology was the chief guest. Former Central Vigilance Commissioner N. Vittal gave the keynote address. Prof Subbiah Arunachalam, Nirmita Narasimhan and Pranesh Prakash participated in the seminar. Nirmita and Pranesh made presentations on access to knowledge.<br /> <a href="http://bit.ly/cJXSX8" target="_blank">http://bit.ly/cJXSX8</a></p>
<hr />
<h3 style="text-align: justify; ">Intellectual Property</h3>
<p style="text-align: justify; "><b>Privacy and the Indian Copyright Act, 1857 as Amended in 2010 <br /></b>In this post the author examines the issue of privacy in light of the Indian Copyright Act, 1857 as amended by the Copyright Amendment Bill in 2010. Four key questions are examined in detail and the author gives<br /> suitable recommendations for each of the questions that arise.<br /> <a href="http://bit.ly/cJXSX8" target="_blank">http://bit.ly/cJXSX8</a></p>
<h3 style="text-align: justify; ">Internet Governance</h3>
<p style="text-align: justify; "><b>Does the Government want to enter our homes?</b><br />When rogue politicians and bureaucrats are granted unrestricted access to information then the very future of democracy and free media will be in jeopardy. In an article published in the Pune Mirror on 10 August,<br /> 2010, Sunil Abraham examines this in light of the BlackBerry-to-BlackBerry messenger service that the Government of India plans to block if its makers do not allow the monitoring of messages. He says that civil society should rather resist and insist on suitable checks and balances like governmental transparency and a fair judicial oversight instead of allowing the government to intrude into the privacy<br /> and civil liberties of its citizens.<br /> <a href="http://bit.ly/dkVHoS" target="_blank">http://bit.ly/dkVHoS</a></p>
<p style="text-align: justify; "><b>UID Project in India - Some Possible Ramifications</b><br />Having a standard for decentralized ID verification rather than a centralized database that would more often than not be misused by various authorities will solve ID problems, writes Liliyan in this blog entry. These blog posts to be published in a series will voice the expert opinions of researchers and critics on the UID project and present its unique shortcomings to the reader.<br /> <a href="http://bit.ly/bOyBS8" target="_blank">http://bit.ly/bOyBS8</a></p>
<p style="text-align: justify; "><b>Civil Liberties and the amended Information Technology Act, 2000</b><br />This post examines certain limitations of the Information Technology Act, 2000 (as amended in 2008). Malavika Jayaram points out the fact that when most countries of the world are adopting plain English instead of the conventional legal terminology for better understanding, India seems to be stuck in the old-fashioned method thereby, struggling to maintain a balance between clarity and flexibility in drafting its laws. The present Act, she says, is although an improvement over the old Act and seeks to address and improve on certain areas in the right direction but still comes up short in making necessary changes when it comes to fundamental rights and personal liberties. The new Act retains elements from the previous one making it an abnormal document and this could have been averted if there had been some attention to detail.<br /> <a href="http://bit.ly/croc9T" target="_blank">http://bit.ly/croc9T</a><br /> <br /> <b>Feedback to the NIA Bill<br /></b>Malavika Jayaram and Elonnai Hickok introduce the formal submission of CIS to the proposed National Identification Authority of India (NIA) Bill, 2010, which would give every resident a unique identity. The submissions contain the detailed comments on the draft bill and the high level summary of concerns with the NIA Bill submitted to the UIDAI on 13 July, 2010.<br /> <a href="http://bit.ly/bhinUB" target="_blank">http://bit.ly/bhinUB</a></p>
<h3 style="text-align: justify; ">Openness</h3>
<p style="text-align: justify; ">Open Access to Science and Scholarship - Why and What Should We Do? The National Institute of Advanced Studies held the eighth NIAS-DST training programme on “Multidisciplinary Perspectives on Science, Technology and Society” from 26 July to 7 August, 2010. The theme of the project was ‘Knowledge Management’. Dr. MG Narasimhan and Dr. Sharada Srinivasan were the coordinators for the event. Professor Subbiah Arunachalam made a presentation on Open Access to Science and Scholarship.<br /> <a href="http://bit.ly/ciohYy" target="_blank">http://bit.ly/ciohYy</a><br /> <br /> <b>Civic Hacking Workshop<br /> </b>CIS, with the UK Government's Foreign Office and the Cabinet Office Team for Digital Engagement, and Google India, is organizing a workshop on open data (or the lack thereof) and 'civic hacking'.<br /> <a href="http://bit.ly/c3TF2t" target="_blank">http://bit.ly/c3TF2t</a></p>
<hr />
<h3 style="text-align: justify; ">Telecom</h3>
<p style="text-align: justify; "><b>'Containing Inflation' - A myth</b><br /> We need problem-solving, not confused rhetoric or misguided action, says Shyam Ponappa. The article was published in Business Standard on 7 August, 2008.<br /> <a href="http://bit.ly/9frC8q" target="_blank">http://bit.ly/9frC8q</a></p>
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For more details visit <a href='https://cis-india.org/about/newsletters/august-2010-bulletin'>https://cis-india.org/about/newsletters/august-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-08-10T10:40:34ZPageFirst Post-Bilski Decision - Software Patent Rejected
https://cis-india.org/a2k/blogs/post-bilski
<b>In the first decision post-Bilski, the Board of Patents Appeals and Interferences (BPAI) rejected a software patent claimed by Hewlett-Packard. The ruling in this case has buttressed the fact that the Bilski decision furthered the cause of narrowing the patentability of software even though the Supreme Court of the United States totally avoided mentioning software patents or the applicability of the machine or transformation test for software patents in its decision.</b>
<p>As eagerly as it was awaited, the United States Supreme Court’s decision in Bilski v. Kappos (2010) was a dampener as far as its impact (or the lack of it) on patentability of software was concerned. The Supreme Court totally avoided even mentioning software patents or the applicability of the machine or transformation test for software patents in its decision and while many claimed that it was status quo maintained, a few of us found a silver lining in the Court’s ruling of abstract ideas as unpatentable and its admission of an argument that patents do not necessarily promote innovation and may, sometimes result in limiting competition and stifling innovation. Our hope that the Bilski case furthered the cause of narrowing the patentability of software was not misplaced is evident from the first decision post-Bilski, of the BPAI, which rejected a software patent claimed by Hewlett-Packard. The BPAI, in In Re Proudler, rejected a patent claim for software made by Hewlett Packard on the ground that software, being an abstract idea, is not patentable. The BPAI relied on, among others, the Supreme Court’s decision in Bilski v. Kappos in holding that an abstract idea was not patentable.</p>
<p>The case before the BPAI was on appeal from the decision of the patent examiner who refused patent for the claim on the ground that it was obvious (on basis of prior art analysis) and therefore, “barred at the threshold” for patentability under US patent law. The patent was claimed for “a method of controlling the processing of data” comprising “defining security controls for a plurality of data items, and applying individualised security rules to each of the data items based on a measurement of integrity of a computing entity to which the data items are to be made available”. It was essentially a claim for software facilitation data processing and involving security controls for several data items. The BPAI refused patent for the claim but differed from the patent examiner in its reasoning. The BPAI held that all claims related to non-patentable subject matter and hence, could not be granted patent.</p>
<p>In coming to this conclusion, the BPAI relied on previous decisions including In Re Nuijten which held that Section 35 of the US Code of Patents which allows patents for a machine, a manufacture, a process or a composition of matter constitutes “the exclusive reach of patentable subject matter”. In ruling that HP’s claim was not patentable, BPAI also held that software, being an abstract idea, was not patentable. The line of argument relied on by the BPAI was something like this – “[A] machine, a manufacture, a process or a composition of matter” constitutes the exclusive reach of patentable subject matter. Thus, laws of nature, abstract ideas, and natural phenomena are excluded from patent protection as held in the well known case of Diamond v. Diehr. The Federal Circuit in its decision in In re Warmerdam has held that an abstraction is not a patentable subject matter. In other words, a claim that recites no more than software, logic or a data structure (that is, an abstraction) does not fall within any statutory category. It has been held in Microsoft Corp. v. AT & T Corp. that an abstract software code is an idea without physical embodiment. Finally, and most significantly, the Bilski case has put the nail in the coffin by ruling that abstract ideas are not patentable. Against the background of these precedents, BPAI has confirmed the unpatentability of software on the ground that it is an abstract idea.</p>
<p>It is interesting that the BPAI also mentioned that “no true hardware structure is recited” in the claims to buttress its conclusion that the idea claimed was an abstract one. This means that the BPAI took note of the fact that although a hardware structure may have been essential to implement the abstract idea forming the claim such structure itself was not claimed for patent. The innovation claimed lay in the software alone and not in the hardware and therefore, did not merit patent protection. Thus, a claimed invention which is a combination of hardware (required to implement the software) and software may not be patentable as long as there is no ingenuity in the hardware as software alone, being a mere algorithm and an abstraction, falls outside the scope of patentable subject matter.</p>
<p>The first post-Bilski decision gives us more than one reason to cheer about –</p>
<ul><li>It refused patent for software on the ground that it was an abstract idea and hence, did not fall under patentable subject matter. Acceptance of software as merely an abstract idea is catching up and is thus, good news for those who challenge the patentability of software.</li><li>The BPAI, in ruling software as an abstraction and thus, unpatentable relied directly on the Bilski decision and therefore, provided a clear, much-needed guideline for conclusively interpreting the Bilski decision as one restricting the patentability of software.</li><li>The decision supported the argument that any combination of hardware and software, to be patentable, must demonstrate ingenuity in the hardware component. As long as there is no claim for hardware, the software itself, being an abstraction, cannot be patented. This brings about greater clarity in the definition of software to be limited to an algorithm (and thus, abstract) and to be looked at in isolation from a hardware component which is solely used to implement the software and no more.<br /></li></ul>
<p>It will be interesting to follow the developments in this case and in other future claims for software which may rely on the Bilski decision. In Re Proudler is certainly encouraging for limiting software patents especially in the aftermath of Bilski. As far as patentability of software is concerned, the Bilski decision may not be that insignificant after all.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/post-bilski'>https://cis-india.org/a2k/blogs/post-bilski</a>
</p>
No publisherpraskrishnaIntellectual Property RightsAccess to Knowledge2011-08-23T03:24:25ZBlog EntryThe Bilski Case - Impact on Software Patents
https://cis-india.org/a2k/blogs/bilski-case
<b>The Supreme Court of the United States gave its decision in Bilski v Kappos on 28 June, 2010. In this case the petitioners’ patent application sought protection for a claimed invention that explains how commodities buyers and sellers in the energy market can protect, or hedge, against the risk of price changes. The Court in affirming the rejection by the Court of Appeals for the Federal Circuit also held that the machine- or-transformation test is not necessarily the sole test of patentability. The Court’s ruling of abstract ideas as unpatentable and its admission that patents do not necessarily promote innovation and may sometimes limit competition and stifle innovation have provided a ray of hope. In the light of the developments, the Bilski decision as far as patentability of software is concerned may not be totally insignificant, says Krithika Dutta Narayana.</b>
<p>The United States Supreme Court’s much awaited decision of last month in <em>Bilski v. Kappos</em> (2010) (Bilski), a case that was touted as a potential watershed in the debate surrounding patentability of software, was disappointing, even though it was not without any impact. While the Supreme Court affirmed the rejection by the Court of Appeals for the Federal Circuit (CAFC) of a patent claim for a business method, it failed to define with clarity, any test for patentability which might have constituted a precedent for future cases involving patentability of software or business method. At the same time, it held that the “machine- or- transformation” test which was the test followed by the CAFC in rejecting the claim, was not the sole test to determine patentability, thus effectively providing no guideline to determine patentability of software or business methods in future cases.</p>
<p>The Supreme Court in Bilski, affirmed the rejection by the CAFC in <em>In</em> <em>re Bilski</em> (2008) of a patent claim involving a method of providing insurance against fluctuating energy prices due to changes in weather. The applicants, Bernard L. Bilski and Rand Warsaw filed a patent application for such a method of hedging risks – essentially a claim for a business method – under Section 101 of US Patent Act before the United States Patent and Trademark Office (USPTO). The examiner at the USPTO rejected the claim on the ground that the claim was not for patentable subject matter and that “the invention is not implemented on a specific apparatus and merely manipulates (an) abstract idea and solves a purely mathematical problem without any limitation to a practical application, therefore, the invention is not directed to the technological arts”. The Board of Patent Appeals and Interferences (BPAI) took a re-look at the examiner’s decision and held that the “machine or apparatus” test was in itself insufficient to determine patentability since a claim that included transformation of a physical object from one state to another would also be patent eligible subject matter. The BPAI also struck down the requirement of the invention to be a “technological art”. Thus, it rejected the Bilski claim on the ground that it did not cause transformation of a physical object from one state to another, since transformation of financial liabilities and risks does not constitute transformation of physical matter.</p>
<p>In its decision on October 30, 2008, the CAFC affirmed the ruling of the BPAI and laid down the machine or transformation test for patentability and held that Bilski’s claim was neither tied to any machine or apparatus to derive the result nor did it cause transformation of any physical object from one state to another and is hence, unpatentable subject matter. The Court reasoned that the “machine or transformation” test was crucial for determining patentability as it ensured that the claim based on a fundamental principle did not preempt all other uses of the principle. This test was the first test since the US Supreme Court’s decision in Diamond v. Diehr (1981) – which held that laws of nature, mathematical formulae and algorithms are not patentable – that had a huge potential for laying down definitive rules for patentability including declaring software and business methods to be outside the realm of patentable subject matter. If this test was upheld in the Supreme Court, that would effectively put an end to the rise of software patents since software, in most cases, did not cause transformation of physical object from one state to another. Thus, the decision of the Supreme Court had huge stakes for both sides of the software patent debate.</p>
<p>In light of the same, the Supreme Court’s ruling holding that the machine or transformation test is not the sole test for determining patentability and at the same time, failing to provide any other test on which to determine patentability, was a sore disappointment. Though, it affirmed the rejection of Bilski’s patent claim on the ground that the subject matter claimed was abstract and thus not a patentable “process” under section 101, its core decision was only limited to this particular claim and it did not lay down a concrete and definitive guideline for future claims. However, one must not be too quick to dismiss this decision as either going against the interests of open society and free software or as a completely inconsequential case that simply maintains status quo. There are important takeaways for the patentability of software in the Bilski decision – The Court did not totally reject the machine or transformation test relied on by the CAFC. It only held that the machine or transformation test is not the sole test on basis of which the patentability of a subject matter of a claim can be decided. The Court, in fact, held that the “machine or transformation test” was a “useful and important clue, an investigative tool for determining whether some claimed inventions are processes under section 101.” This leaves open the possibility of using the test to determine patentability in future cases and this is good news for opponents of software patents since software (an algorithm designed to be operated upon by a computer) is merely an abstract idea which, in most cases, does not involve transformation of a physical object from one state to another.</p>
<p>Bilski’s claim was essentially interpreted to be a patent for a business method. The Supreme Court was completely silent on the issue of patentability of software in its decision and stuck to only the narrow issue in hand – that of the patentability of a particular business method. This means that the “machine or transformation test”, whose applicability was ruled out in this particular case, may still be applicable for software patents. Nothing in this case precludes an opponent of a software patent from urging the courts to use the “machine or transformation test” to rule on patentability. Thus, the very fact that the Supreme Court only dealt with the narrow issue in hand ensures that the “machine or transformation test” is not altogether dismissed.</p>
<p>The main ground on which Bilski’s claim was rejected was that the patent claim was for an overly abstract idea which was not patent-eligible. The Court held that the basic concept on which the claim was based – the concept of hedging risks against risk is an unpatentable abstract idea. Further, some of the claims are constituted by equations and are purely mathematical in nature and are abstract and thus not patentable. This means that basic concepts and use of mathematical formulae constitute abstract ideas which are unpatentable. This test can strike down many software patents as these are simply algorithms executed by a computer and incorporate very fundamental and basic concepts which are abstract in nature and are thus, not patentable. This test for determining patentability on the basis of the claim being abstract as laid down in Bilski reaffirms the patentability test laid down in Diamond v. Deihr which kept laws of nature, mathematical formulae and algorithms outside the scope of patentable subject matter. This may serve as an important test to determine and especially, limit the patentability of software in coming years.</p>
<p>Notwithstanding the fact that Bilski’s claim has been interpreted to be one of a business method patent, when examined in detail, the claims indicate that the ‘method’ cannot be implemented without a computer. Certain claims for calculating probability (and risk), although mathematical or algorithmic in nature, have too many variables to be executed in any way other than by using a computer.<strong>1</strong> Such algorithms which can be executed only by a computer fall under the category of software and the patent is thus, also, a software patent. That being said, the ruling of the Court that the claim is for an overly abstract idea and thus not patentable lends credence and indicates that software patents can be validly claimed to be abstract ideas not falling under the scope of patentable subject matter.</p>
<p>Another important outcome of the Supreme Court’s ruling was the invalidation of the 1998 CAFC decision in <em>State Street Bank v. Signature Financial Group</em><strong>2</strong> which opened the floodgates for software patents by holding that a practical application of an algorithm or formula to produce “useful, concrete and tangible result” was sufficient to constitute patentable subject matter. The State Street test was too broad and afforded an opportunity for many frivolous patent applications to be admitted. In fact, Justice Stevens, in his concurring opinion, has stated that it would be a “grave mistake” to follow the test. By clearly striking down and dismissing such a test to determine patentable subject matter, the Court in Bilski has precluded future software patent claims for taking recourse to this test and has effectively, to an extent, made it that much harder for a software to be granted patent. The test in <em>State Street Bank</em> which opened the floodgates for software patents was definitively dismissed.</p>
<p>The Court in the 1978 case of <em>Parker v. Flook</em>, had rejected patent for a mathematical algorithm on the ground that an algorithm was a law of nature although its use was limited to a specific field in this case (the “field of use” test) and added an insignificant post solution activity (“post solution activity” test). The test laid down in Flook had been subsequently questioned and thus, subtly dismissed by the Court in <em>Diehr </em>in 1991. The Court in Bilski emphasized on the test for patentability laid down in <em>Flook</em> and opined that the two tests may well come in handy in future challenges or oppositions to a patent claim while determining if the claim pertained to an idea that was abstract and hence, not patentable. Thus, this test can be used in future for invalidating software patents which are characterized by broad claims adding insignificant post solution activity.</p>
<p>It is heartening to note that the Court looked at the importance of patent law while recognizing that patents are not always necessary to encourage innovation. It noted that patents could also limit competition and stifle innovation. They can have ill effects such as increasing prices while slowing progress and could actually be deterrent to free flow of information within society. By recognizing and validating this, the ruling not only helped increase awareness about the debate surrounding software patents but also showed that the Courts are open to such an approach to patent law in future. This can only be good news for busting software patents.</p>
<p>For <a class="external-link" href="http://www.supremecourt.gov/opinions/09pdf/08-964.pdf">further reading</a></p>
<ol><li>
<p class="discreet">Claim 4 of Bliski's claims is as follows - “perform a Monte Carlo simulation across all deals at all locations ... over the last 20 years of weather patterns and establish the payoffs from each deal under each historical weather pattern “ Such a simulation would involve multiple parameters such as deals, locations, weather patterns, to establish a payoff.</p>
</li><li>
<p class="discreet">149 F.3d. 1368.</p>
</li></ol>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/bilski-case'>https://cis-india.org/a2k/blogs/bilski-case</a>
</p>
No publisherpraskrishnaIntellectual Property RightsAccess to Knowledge2011-08-23T03:24:31ZBlog EntryJuly 2010 Bulletin
https://cis-india.org/about/newsletters/july-2010-bulletin
<b>Greetings from the Centre for Internet & Society. We bring you updates of our research, news and media coverage, information on our events and other updates for the month of July 2010.</b>
<h2><b>News Updates</b></h2>
<p style="text-align: justify; "><b>Call for Case Studies on ICT</b><br /> CIS invites organisations to participate in a study focusing on best practices in the use of ICTs in education for persons with disabilities.<br /> <a href="http://bit.ly/d03jS0">http://bit.ly/d03jS0</a></p>
<p style="text-align: justify; "><b>Networking? Not working</b><br /> Concerns about privacy, wastage of time and trivialized communication are some reasons ‘refuseniks’ are going off sites such as Facebook and MySpace, writes Shreya Ray in Livemint.<br /> <a href="http://bit.ly/dpdKhX">http://bit.ly/dpdKhX</a></p>
<p style="text-align: justify; "><b>Digital them about yourself?</b><br /> If you’re on Facebook or have a blog, you could be a digital native, says Akhila Seetharaman.<br /> <a href="http://bit.ly/ahA6Ts">http://bit.ly/ahA6Ts</a></p>
<p style="text-align: justify; "><b>Next CPOV Conference in Leipzig</b><br /> Two CPOV conferences have been held so far. The first one in Bangalore and the second one in Amsterdam, the third is to be held in Leipzig.<br /> <a href="http://bit.ly/cLN8XE">http://bit.ly/cLN8XE</a></p>
<p style="text-align: justify; ">CIS featured in the <span class="visualHighlight">Report on Research and Funding Landscape within the Arts and Humanities in India</span><br /> Centre for Internet and Society has been listed as an area of excellence and innovative research in this report.<br /> <a href="http://bit.ly/9GJsJ7">http://bit.ly/9GJsJ7</a></p>
<p><b>UID Act may be released for debate, may be introduced in monsoon session</b><br /> An article by Karen Leigh & Surabhi Agarwal in livemint on June 30, 2010.<br /> <a href="http://bit.ly/9Hq5dg">http://bit.ly/9Hq5dg</a></p>
<p style="text-align: justify; "><b>A New Age in News</b><br /> Citizen journalism and online piracy were key topics during the opening day of the Mekong Information and Communication Technology conference. The 2010 Mekong ICT conference in Chang Mai, Thailand, has brought together an experienced crowd of experts from all over the globe. They have gathered to discuss the status, trends and the current situation of the ICT world.<br /> <a href="http://bit.ly/bdGzbQ">http://bit.ly/bdGzbQ</a></p>
<p style="text-align: justify; "><b>Activists welcome privacy Bill, but point out concerns</b><br /> Experts have welcomed the government's move to bring in a law for protecting individual privacy, amid concerns about the potential misuse of personal data it is collecting to execute social welfare and security schemes.<br /> <a href="http://bit.ly/bnddaJ">http://bit.ly/bnddaJ</a></p>
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<h2><b>Upcoming Events</b></h2>
<p style="text-align: justify; "><b>Locating Gender Politics in the New Techno-Industrial Complex: A Lecture by Dr. Lisa McLaughlin</b><br /> The Centre for the Study of Culture and Society (CSCS), IT for Change and the Centre for Internet and Society (CIS) are hosting a lecture by Dr. Lisa McLaughlin, Associate Professor in Media Studies and Women's Studies, Miami University, Ohio, USA at CIS, Bangalore on 23 July, 2010.<br /> <a href="http://bit.ly/9zy2Fa">http://bit.ly/9zy2Fa</a></p>
<p style="text-align: justify; "><b>Promoting Education through ICT</b><br /> ICT workshop in New Delhi from 27th to 29th October, 2010...Registrations to begin soon!<br /> <a href="http://bit.ly/9flyEK">http://bit.ly/9flyEK</a></p>
<h2><b>Research</b></h2>
<p style="text-align: justify; "><b>The Attention Economy - A Brief Introduction</b><br /> This post examines attention economy as a brief prelude to a paper and monograph to be published on it. It examines the current theses on attention economy and a few approaches to reading attention economy in gaming besides foregrounding the attention economy and its functions and influence in MMORPGs.<br /> <a href="http://bit.ly/OP7QFl">http://bit.ly/OP7QFl</a></p>
<p style="text-align: justify; "><b>The Making of an Asian City</b><br /> Nishant Shah attended the conference on 'Pluralism in Asia: Asserting Transnational Identities, Politics, and Perspectives' organised by the Asia Scholarship Foundation, in Bangkok, where he presented the final paper based on his work in Shanghai. The paper, titled 'The Making of an Asian City', consolidates the different case studies and stories collected in this blog, in order to make a larger analyses about questions of cultural production, political interventions and the invisible processes that are a part of the IT Cities.<br /> <a href="http://bit.ly/MXxyXP">http://bit.ly/MXxyXP</a></p>
<p style="text-align: justify; "><b>Internet, Society and Space in Indian City: First Report</b><br /> This is the first report on the progress of the research on Internet, Society and Space in Indian City. The post is a collection of some of the initial focus of these studies. I have started simultaneously exploring and testing various arguments and have listed some key observations from the ones that are nearing completion.<br /> <a href="http://bit.ly/Ndmday">http://bit.ly/Ndmday</a></p>
<p style="text-align: justify; "><b>Digital Natives Workshop in Taipei: Only a Few Seats Left!!!</b><br /> The Centre for Internet and Society in collaboration with the Frontier Foundation is holding a three day Digital Natives workshop in Taipei from 16 to 18 August, 2010. The three day workshop will serve as an ideal platform for the young users of technology to share their knowledge and experience of the digital and Internet world and help them learn from each other’s individual experiences.<br /> <a href="http://bit.ly/P4mCKv">http://bit.ly/P4mCKv</a></p>
<hr />
<h2><b>Accessibility</b></h2>
<p style="text-align: justify; "><b>NMEICT Funds Book Conversion Project for the Print Disabled</b><br /> IIT, Kharagpur, Daisy Forum of India, Inclusive Planet and the Centre for Internet and Society have joined hands to undertake a project for the print disabled. The National Mission on Education through Information and Communication Technology (NMEICT) is funding this project.<br /> <a href="http://bit.ly/bWHi00">http://bit.ly/bWHi00</a></p>
<p style="text-align: justify; "><b>Right to Read: Campaign Updates</b><br /> A nationwide campaign on Right to Read was co-organised by CIS along with the Daisy Forum of India and Inclusive planet to highlight the lack of content in accessible formats and accelerate change in the provisions of the Indian Copyright Act, 1957, which presently does not permit the conversion of books in accessible formats for the benefits the blind, visually impaired and other reading disabled persons. The campaign is affiliated with the global R2R campaign started by the World Blind Union in April 2008.<br /> <a href="http://bit.ly/akoaSj">http://bit.ly/akoaSj</a></p>
<hr />
<h2><b>Intellectual Property</b></h2>
<p style="text-align: justify; "><b>Analysis of the Copyright (Amendment) Bill, 2010</b><br /> CIS analyses the Copyright (Amendment) Bill, 2010, from a public interest perspective to sift the good from the bad, and importantly to point out what crucial amendments should be considered but have not been so far.<br /> <a href="http://bit.ly/KLBQDx">http://bit.ly/KLBQDx</a></p>
<p style="text-align: justify; "><b>A Guide to Key IPR Provisions of the Proposed India-European Union Free Trade Agreement</b><br /> The Centre for Internet and Society presents a guide for policymakers and other stakeholders to the latest draft of the India-European Union Free Trade Agreement, which likely will be concluded by the end of the year and may hold serious ramifications for Indian businesses and consumers.<br /> <a href="http://bit.ly/Rw7whN">http://bit.ly/Rw7whN</a></p>
<hr />
<h2><b>Openness</b></h2>
<p style="text-align: justify; "><b>Open Access to International Agricultural Research</b><br /> Open access advocates have urged the top management of the Consultative Group on International Agricultural Research to give open access to its research publications. A report by Subbiah Arunachalam on 3 June, 2010 was also circulated to all the signatories of the letter.<br /> <a href="http://bit.ly/cspMYY">http://bit.ly/cspMYY</a></p>
<hr />
<h2><b>Telecom</b></h2>
<p style="text-align: justify; "><b>Catching up on broadband</b><br /> The govt can invest some of the Rs 1,00,000 crore from the spectrum auctions to help India catch up on broadband, says Shyam Ponappa in his latest article published in the Business Standard on July 1, 2010.<br /> <a href="http://bit.ly/ag67TU">http://bit.ly/ag67TU</a></p>
<p>
For more details visit <a href='https://cis-india.org/about/newsletters/july-2010-bulletin'>https://cis-india.org/about/newsletters/july-2010-bulletin</a>
</p>
No publisherpraskrishnaAccess to KnowledgeDigital NativesTelecomAccessibilityInternet GovernanceCISRAWOpenness2012-08-10T09:41:01ZPage