Centre for Internet and Society

Security, Governments, Data

praskrishna — 2014-12-23T13:49:36Z

For more details visit http://editors.cis-india.org/internet-governance/blog/security-government-data.docx

Thank You To Our 2014 Sponsors

praskrishna — 2014-12-27T14:27:26Z

Today’s the last day of work in 2014 for the editorial team at MediaNama, though we’ll run a Holiday Wire update intermittently this week, we’ll have a brief year end review for each major segment. Thank you for reading us in 2014, and have a great Christmas and New Year.

The blog entry was published in Medianama on December 22, 2014.

From the business side, it’s been a great 2015 for us, and we really appreciate the support we received in 2014 from all our sponsors, especially Spice Digital, our annual sponsor, and Antfarm, which supported us for almost the entire year. We’re still working, for an idea of our 2015 plans and editorial calendar, please see the presentation here.

Annual Sponsor:

- Spice Digital Ltd: a part of Spice Global Group – US$2 Billion conglomerate promoted by Dr. BK Modi, is one of India’s leading Mobile Value Added Services company and offers innovative solutions for Telecom Operators, Enterprises and Government using mobile connectivity media – Voice, SMS, USSD, WAP & 3G. We are preferred partner of all major telecom service providers in India and providing services to international telecom players in over 20 countries across the globe. We are pioneers in innovation and technology and committed to deliver excellent Award winning products and services to the customers.

We have exclusive tie-ups with Hungama and PPL for music streaming services.
We have acquired two leading international VAS players, MMS (Indonesia) and Beoworld (Malaysia).
Recently, we had a major financial investment from MediaTek (Taiwan).

Our sponsors during 2014:

- Antfarm is an innovation sandbox based out of Mumbai. It is led by a team of blue sky thinkers, entrepreneurs and professionals. The company takes great ideas with disruptive potential, puts together all the key ingredients of people, technology, strategy, marketing and capital to build these into scalable companies. The ultimate aim is to create global businesses that are ideated and built out of India. The first set of companies launched are Stylista.com, Arrive.com, Fork Media, and the farm is currently scaling up ideas in education, travel & leisure, retail, ad-tech and healthcare.

- Astro-Vision is a name easily recognized and held in great esteem in the world of astrology services. Its products range from software that run on the latest operating systems to web based solutions for major portals and the latest range of mobile phones. Astro-Vision’s focus has always been on providing innovative astrology solutions using the latest technologies in the field of IT and communications. From Desktop PCs to internet portals and mobiles phones, Astro- Vision’s range of solutions includes stand alone applications, online apps and astro content services. The company has strategic tie-ups with major IT enabled service networks like Suvidhaa, Reliance world, One stop shop and many networks under the Government of India’s CSC scheme, including Spanco and GNG. Many popular Indian websites today are powered by Astro-Vision’s web based astrology solutions and astrology content.

– Bruce Clay

- Buongiorno, founded in 1999, is known in the worldwide mobile commerce ecosystem for developing and managing paid apps and content that help consumers get greater enjoyment from mobile devices. On July 2012, after the settlement of a successful public tender offer, Buongiorno became a wholly-owned subsidiary of NTT DOCOMO – a global leader in mobile telecommunications technologies and services.

With direct connections to more than 130 telecom operators in 25 countries, over 10 years’ experience and a team of 600 professionals, Buongiorno makes the mobile internet experience happen for consumers globally.

- CCAvenue is India’s largest payment gateway solution powering 85% of the eMerchants in India across all verticals & has played the role of a catalyst to the growth of ecommerce with real time, multi-currency, multiple payment options online payment processing services. The solution is powered by proprietary technology that integrates transaction-processing, advance shopping cart, Invoicing, mobile page, risk assessment and fraud control, smart analytical dashboards, live monitoring of bank gateways, financial reporting etc. CCAvenue is the only complete PG solution in the country that has the unique ability to offer the full spectrum of 100+ Internet payment options.

5 Credit Cards
50 Debit Cards
6 ATM cum Debit Cards
50+ Netbankings
Mobile Payments
4 Cash Cards
CCAvenue PhonePay IVRS Based Payment Systems.

– The Centre for Internet and Society (CIS) is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness (including open government data, free/open source software, open standards, open access to scholarly literature, open educational resources, and open video), and engages in academic research on digital natives and digital humanities.

CIS critically engages with concerns of digital pluralism, public accountability and pedagogic practices, in the field of Internet and Society, with particular emphasis on South-South dialogues and exchange.

Hosting and Support

- E2E Networks: India’s most clued in dedicated hosting company founded by geeks. E2E Networks Private Limited has been into the business of providing Low latency Dedicated Servers and VPS Servers in India since 2009. E2E Networks goes way beyond merely provisioning servers/cloud infrastructure. Our expertise includes strategies and managed services help for implementing the most suitable cloud architecture based on public, private or hybrid cloud platforms for your web facing or enterprise applications.

- Fortumo allows any developer to set up payment processing for web and mobile services, games or apps using carrier billing. Payments work for PC applications, web services and HTML5, Android, Windows Phone & Windows 8 apps. Fortumo supports payments in 81 countries through 300 mobile operators. Get started with our self-service setup (no monthly fees or minimum volume commitments) at http://fortumo.com.

– Getit Infomedia is India’s digital supermarket for SMEs to get relevant business leads. We seamlessly deliver excellent value across all media platforms be it Voice, Mobile Applications, Online, WAP, Web chat, Print etc. The services provide presence, enquiries and leads to its advertisers while ensuring end users (consumers) have access to the best information, benefits and offers.

Event Sponsor

- Google is a global technology leader focused on improving the ways people connect with information. Google’s innovations in web search and advertising have made its website a top internet property and its brand one of the most recognized in the world.

- India.com is a joint venture between two media giants – Zee Entertainment Enterprise Ltd (ZEEL) and www.PMC.com is all about the new India that is funny, witty, shocking. It shows the new age Indian in their language. India.com provides a perspective that is reflective of the changing dynamic of the role media plays in India. Find out what the new India is saying only at india.com. Discover India and Indians at india.com for no one covers the new India as india.com! Get the latest updates follow @indiacom on Twitter.

– Info Edge (India) Limited is among the leading internet companies in India. Info Edge runs leading internet businesses – Naukri.com -India’s no. 1 job site, Jeevansathi.com – one of the leading matrimonial portal,99acres.com – India’s No.1 real estate portal and Shiksha.com – India’s leading education portal. The company also owns Quadrangle – an offline executive search business, and Naukri Gulf (a leading jobsite in the Middle East market). Info Edge also owns Brijj.com, a professional networking site and Allcheckdeals.com, an online real estate brokerage firm which is run as a subsidiary company.

- OnMobile Global Ltd. is a pioneer in white-labelled, Value Added Products and Services [VAS] for mobile, landline and media service providers. The #1 VAS specialist in emerging and high-growth markets, OnMobile touches the lives of over 1500 million mobile users across 55 countries each month. With our diverse product portfolio of Mobile Music, multi-screen Video Gateway and delivery solutions, Phone Backup and Personal Cloud Management solutions, Voice and Video portals, M-Commerce products and services, we generate 2 – 5% contribution for top customers and top line revenues of over US $800 million for over 92 customers globally. We deliver our products by the best combination of a hosted Cloud with on-site operations at the customer premises or through products deployed in customer networks.

Founded in 2000, OnMobile has business spread across India, U.S., LATAM, Africa, Australia, Middle East and Europe. The company was publicly listed in India in 2008. Recent acquisitions include Voxmobili (2007), Telisma (2008), Dilithium Networks (2010) and LiveWire (2013).

OnMobile is the first Indian telecom VAS Company to go public. The company’s shares are listed on the Bombay Stock Exchange (BSE) and the National Stock Exchange (NSE) as on March 31, 2010

– Qualcomm Ventures is the investment arm of Qualcomm Inc. (NASDAQ: QCOM), a Fortune 500 company with operations across the globe.As the Venture Capital investment arm of Qualcomm, the world leader in next-generation mobile technologies, Qualcomm Ventures has been making strategic investments in early-stage technology companies since 2000. With a $500 million fund commitment, Qualcomm Ventures seeks to make strategic investments in early stage high-technology companies that have the potential to dramatically transform our world.

QPRIZE (www.qprize.com)

QPrize™ is Qualcomm Venture’s Seed investment competition. It’s designed to provide entrepreneurs their first level of funding so they can launch their idea into a successful start-up business. The QPRIZE competition was first launched in 2009 to promote innovation in the technology industry and is designed to identify the industry’s most promising early-stage technology companies. We are looking for bright, energetic and resourceful entrepreneurs who have a passion for bringing new technologies and services to market. Our goal is to have QPrize act as a catalyst for our winners, providing the initial capital to launch their great ideas and support the company to its first institutional funding round.

– Times Internet (TIL) is a premier digital product company and the digital arm of The Times of India Group. It reaches over 100m visitors and serves 2 billion pageviews every month across web and mobile, with businesses across news, entertainment, sports, local, ecommerce, classifieds, startup investments, local partnerships, and more.TIL’s key properties in the news category includetimesofindia.com, economictimes.com and navbharattimes.com. Under its fold are topmost internet entertainment portals in India — Gaana.com – the music broadcasting service and BoxTV.com – the video streaming site. Indiatimes Shopping emerges as one of the top five e-commerce companies in India & TimesCity, a lifestyle destination covering recommendations across Restaurants, Movies, Events, Nightlife in your city. Times Internet has also entered into partnerships with global companies offering them its tremendous reach through online media platforms under its initiative called Times Global Partners(TGP). The TGP portfolio ranges from licensing partnerships to investments and acquisition. In the last year, TGP has made four acquisitions, twelve global partnerships, four minority investments and over 20 investments into start-ups through TLabs in the Indian ecosystem.

For more details visit http://editors.cis-india.org/internet-governance/news/medianama-december-22-2014-thank-you-to-our-2014-sponsors

Study of Privacy Policies of Indian Service Providers

praskrishna — 2014-12-21T15:09:49Z

For more details visit http://editors.cis-india.org/internet-governance/blog/study-of-privacy-policies-indian-service-providers.pdf

WIPO Delegates Hear Concerns of NGOs on Exceptions for Libraries

praskrishna — 2014-12-27T14:40:05Z

As World Intellectual Property Organization member states launched into discussions on exceptions and limitations to copyright for the benefit of libraries and archives this week, non-governmental organisations were given the opportunity to present their views on the issue. They delivered vibrant, sometimes contradictory, statements on the opportunity for a treaty to preserve exceptions in the international copyright system.

The 26th session of the WIPO Committee on Copyright and Related Rights (SCCR) is taking place from 16-20 December. After two days devoted to the protection of broadcasting organisations, the focus of the next two days has been on a potential international instrument providing exceptions and limitations for libraries and archives.

In their general statements, countries remained faithful to their known positions. Developing countries generally underlined the necessity of achieving a balanced international copyright system and their wish to establish a legally binding instrument, and developed countries were of the view that the existing international copyright system already provides exceptions which could be used by libraries and archives.

The African Group said the countries in the group: find it difficult to set up and understand the existing limitations and exceptions; believe an international legally binding instrument would enable them to understand better how they can provide exceptions and limitations for libraries and archives; and consider that it would provide a mechanism for cross-border exchange for such entities.

The European Union clearly stated that its member countries were not willing to consider a legally binding instrument, and said that exceptions and limitations for libraries and archives did not require the same kind of action that was taken in favour of visually impaired people, referring to the recently adopted Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.

Developed countries, in particular those in the European Union, did not always stand in favour of a treaty providing exceptions and limitations to copyright for visually impaired people. In the discussion on libraries and archives, developed countries are in favour of sharing national experiences rather than establishing binding new norms.

The United States said it was not in support of norm-setting through treaty provisions. The delegate also said exceptions and limitations should be consistent with other member state obligations, including the so-called three step test.

The notion of three-step test haunted the discussions leading to the Marrakesh Treaty. It stems originally from Article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works (IPW, WIPO, 14 June 2013) and provides conditions for reproduction.

A large number of non-governmental organisations took the floor on 18 December, with stark differences in the approach of the issue of exceptions and limitations to copyright for libraries and archives.

Industry, Creators: International Instrument Superfluous

The industry, such as the International Federation of Film Producers, the Motion Picture Association (MPA), The International Association of Editors (IPA), the International Video Federation (IVF), the Ibero-Latin-American Federation of Performers (FILAIE), and the International Association of Scientific, Technical and Medical Publishers (STM), said that the existing international copyright framework already provides exceptions and limitations, and national legislations can be develop to address issues met by libraries and archives.

FILAIE said that it was in support of the Marrakesh Treaty but that a balance between society and the rights holders should be maintained. The IPA said there is no need for change in the international law, and suggested active legislative assistance to WIPO member states by the secretariat.

IVF concurred and said effective technical assistance in implementing the existing international copyright framework should be a focus of the SCCR.

The International Federation of Reproduction Rights Organisation (IFRRO), in its statement, also said the current international conventions adequately provide for the establishment of relevant library exceptions in national legislation, such as reproduction for preservation proposals. The sharing of experiences ” both in the wording of library and archive exceptions and practical solutions seems to IFRRO to be the most appropriate way to enhance the performance of library and archive services,” the representative said.

“Exceptions and limitations are already part of the toolkit of existing treaties,” the representative for the International Federation of Actors and the International Federations of Musicians said. The international normative framework is providing “a coherent and flexible structure with just recognition of the contribution of creators to the information society and knowledge society, and the establishment of exceptions and other mechanisms providing access for the public to creative content,” he said.

The International Authors Forum concurred with the idea that existing provisions contain sufficient flexibility and asked that WIPO member states “will take advantage of the opportunity provided by the WIPO texts for adequate remuneration for the authors in accordance with the three-step test.”

Libraries, Archive Underline Inadequacies, Support Treaty

Libraries and archivists have a different view of the issue and reported on problems as they experience them on the ground.

The German Library Association cited a new study published by the European Commission (Study on the application of Directive 2001/29/EC on copyright and related rights in the information society [pdf]), and said it “paints a dire picture of the adequacy of the Directive for exceptions for libraries in the European Union in the digital environment.”

In particular, the representative said, it “identifies a lack of cross-border application of exceptions for libraries and a patchwork of national laws as preventing libraries from fulfilling their functions,” in particular presenting cross-border issues, he said.

“There is a high level of international copyright protection,” he said, but “there is no such uniformity of limitations.” To act legally, he said, “library staff has to know about the limitations and exception, not only in their own country, the country of origin, but also in the country of destination of its service.”

The Canadian Library Association said it came to WIPO “to ensure a basic copyright framework is made available to libraries everywhere, and not just in Canada to deliver essential information services, and so that other communities can benefit from the same societal and economic impacts as we have in Canada.”

Even in Canada, the representative said, libraries’ activities are under threat, “as increased restrictions such as technology group protection measures and licensing terms and conditions degrade the environment in which we work, leaving libraries changing our role to simple market access intermediaries for publishers.”

For Electronic Information for Libraries, an international framework establishing basic standards is necessary to avoid increasing inequalities in public knowledge. “We recognise the theory that the international copyright framework provides legal space to ensure meaningful limitations and exceptions,” the representative said, “But when the reality is different, and the gap between countries is widening, intervention is required to ensure the integration of key public interest concepts into the international framework.”

The International Federation of Library Associations and Institutions also underlined the disparity in national exceptions and limitations making it impossible for libraries to “competently fulfil our role as intermediaries between rights holders and users.”

When technology is able but the mindset is not

praskrishna — 2014-12-19T01:33:22Z

There are enough digital products and services to help people with disabilities. But widespread ignorance stands between them and digital inclusion reports Geetanjali Minhas.

The story appeared in 1-15 December 2014 issue of Governance Now

Not just that, Patel travels every day from his home in Vikhroli to his office in Goregaon, changing buses and trains with minimal assistance.

Patel’s colleague, Debashish, who is autistic, and no less capable, is known for his immaculate spellings within the company.

Team leader Priti Rohra, despite low vision, skillfully heads the testing team for websites and meticulously ensures that guidelines for the disabled are adhered to. Rohra works on policies and research and has prepared many reports for BarrierBreak, a company where 75 percent of the staff has disabilities like autism, inhibited vision and impaired hearing.

Its unique competitive advantage has allowed the company to help develop niche products and services for converting textbooks into more disabled-friendly formats like digital talking books (Epub Conversion). Till now, it has produced 1.5 million pages of disabled-friendly textbooks.

“When the government provides technology to its own employees it is enhancing their productivity,” says Shilpi Kapoor, founder-director of BarrierBreak and a member of the Nasscom Disability Advisory Group. “The fundamental difference here is that internationally, disability inclusion is a mandate, whereas in India it is considered charity and therefore a challenge. As a result many disabled are denied jobs as per their calibre and given salaries as doles.”

The priority given to policies for development of disabled-friendly information technology tools and services has been relatively low in India. Usually, it stems from an inaccurate understanding that the development of such tools and services will cost more money, and there will be no opportunity to recover it from the market.

A critical component of digital inclusion is to make websites and applications disabled-friendly. Most websites are not compliant with international guidelines on disabled-friendly requirements. Developers, officials and policy makers give disability accessibility a cold shoulder, retrofitting it into existing policies and processes as an after-thought.

An attitudinal shift might come if the new national policy on universal electronic accessibility (NPUEA) notified by DeitY is implemented, resulting in nearly 7,000 government websites becoming accessible to the disabled, especially visually impaired.

Various reports, including a 2012 survey by the Centre for Internet and Society (CIS), found that almost 25 percent of 7,800 government websites failed to open and the remaining had accessibility barriers. The web accessibility survey report of Indian government websites by the national centre for promotion of employment for disabled people (NCPEDP) in 2012 too revealed that of the 200 government websites tested, only two were found to be disabled-friendly.

“Disability is a major social issue that India is grappling with. It needs to be addressed through not just policy, but also through assistive technology solutions,” says Prakash Kumar, CEO, Goods and Services Tax Network.

CIS executive director Sunil Abraham, who was on the committee that formulated the NPUEA, says besides non-confirmation of websites to international norms, there are many technical hurdles. Text-to-speech and speech-to-text software, mature optical character recognition systems, speech and grammar check and machine translation are some of the features that are still not available for most Indian languages, he adds. “Many government websites use font encoding for Indian languages which results in the failure of text-to-speech technologies.”

DeitY, under the ministry of communication and information technology, is supporting some technology interventions for the disabled, across different Indian languages. This also includes text-to-speech tools. “Mobile phone manufacturers should also provide in-built tools to cater to the needs of disabled people,” points out Ajay Kumar, joint secretary, DeitY.

Emphasising a strong legal framework for implementation of the policy, Kumar adds that though the new policy promotes disability inclusion, the information technology ministry does not have the legal backing to enforce it. “The ministry of social justice and empowerment is creating a legal framework for the bill that is under consideration by the concerned committee to mandate some of these things, including technology assistance for the disabled,” he adds.

Abraham says besides ensuring that websites and services are accessible to the disabled, the new policy must be updated to include a mandate that all parties providing essential services to the general public must comply with accessibility standards. “Manufacturers of ICT products should provide at least one accessible model of their products within each price range that they are operating within,” he says.

Sam Taraporevala, associate professor and head of sociology department, St. Xavier’s College, Mumbai and the director of Xavier’s resource centre for the visually challenged, says with the government accepting a policy that IT tools should follow accessibility standards, it is now a question of monitoring, and, perhaps, even judicial activism.

Nirmita Narasimhan, policy director, CIS, who works closely with various government departments to bring accessibility into their policies and programmes, concurs. “There must be accountability and a monitoring mechanism to check whether websites are disability compliant,” she says.

Maharashtra is the only state to make it compulsory for every department to have a scheme for procuring disability access products. Yet, compliance remains a problem. “Despite the government holding awareness camps at various districts, barriers are created for accessing government schemes. Resistance on part of government agencies to give out equipment to disabled people and lack of awareness among people about the availability of such facilities are the other stumbling blocks. Yet, there are ways for getting these products,” says Kapoor.

Experts say the needs and requirements of the disabled vary according to their disability and affordability of tools. Also, low income levels of many disabled people is a dissuading factor toprocuring equipment. “Most available tools and technologies are proprietary and, hence, costly and we are not able to scale them up in a big way,” says Kumar.

Taraporevala, born with 100% visual impairment, was instrumental in getting the guidelines for opening and operating demat accounts for visually impaired persons implemented. He also says mainstream consumer product companies are moving into touchscreen modes in mobile phones forgetting a large chunk of disabled population. “While the standards are there, implementation suffers due to lack of awareness which, in turn, leads to less demand,” he says.

The way forward

Governance Now also asked experts if corporate social responsibility (CSR) towards disability inclusion could address challenges in recruitment of disabled persons. “Instead of a hammer approach, a care approach has to be adopted,” says Rita Soni, CEO, Nasscom Foundation. According to Kumar, “Absence of commercial interest in promoting disability accessibility products has afflicted the sector with neglect.” However, Kapoor says, “This has to be an equal opportunity business. There will be differential costs, but at the same time the total number of disabled people in India is close to 70 million and a billion world over. How can you not treat them like a client?”

Speaking of the revised CSR rules under the Companies Act, Soni adds, “You can support skilling of persons with disabilities that has nothing to do with your business and have it considered as CSR expenditure. But if you make your office building or internet accessible, it does not count. Creating incentives around disability will make us a more inclusive society and make disability more amenable to office environment.”

Maharashtra IT secretary Rajesh Aggarwal adds, except for the metro, none of our public transport systems are disabled-friendly. As per national building code of India, while giving permissions for public buildings there must be a checklist to ensure that buildings and toilets are wheelchair and blind-friendly. Similarly, hotels must have few rooms which are disabled-friendly.” This awareness has not yet set in,” he says.

The Asia-Pacific region study of UNESCO global report 2013 has said many countries in the developing world are struggling to attain their millennium development goals of providing universal primary education to all by 2015. Our education system, on the other hand, has serious flaws. “We do not teach professionals about assistive technologies and for that reason an eye doctor does not know about low vision aids or a speech therapist does not know how to use communication devices,” says Kapoor.

Taraporevala is of the view that universal (architectural) design needs to be actively woven into every design curriculum across the spectrum, instead of being an optional subject. Physical infrastructure, building standards, for instance, need to reflect this and there needs to be active lobbying to ensure that certificates for public places are not given if they lack certain standards.

For more details visit http://editors.cis-india.org/accessibility/news/e-gov-reach-december-15-2014-geetanjali-minhas-when-technology-is-able-but-mindset-is-not

At WIPO, Study On Copyright Exceptions Stimulates Broad Discussion With Author

praskrishna — 2014-12-27T14:33:46Z

During the recent meeting of the World Intellectual Property Organization copyright committee, a study was presented on exceptions and limitations to copyright for libraries and archives at the national level. The presentation spurred a full day of discussion about how to ensure libraries can continue to provide an indispensable service, and a substantive exchange with the author.

The article by Catherine Saez was published in Intellectual Property Watch on December 18, 2014

The 29th session of the Standing Committee on Copyright and Related Rights (SCCR) took place from 8-12 December.

On 10 December, Kenneth Crews, former director of the copyright advisory office at Columbia University and now in the private sector, presented an update [pdf] of his 2008 WIPO-commissioned study on Copyright Limitations and Exceptions for Libraries and Archives (IPW, WIPO, 12 December 2014).

The study provided safe ground for broad discussions on the sensitive issue of exceptions and limitations, and the role of WIPO in the issue, with a large number of countries taking the floor to offer comments on the study and its findings, providing specific details on their own legislation and/or asking questions.

Harmonisation

Mexico, for example, asked whether there was a general movement leading to a harmonisation exercise in international copyright law.

Crews answered there was no movement toward an era of harmonisation, but harmonisation could be an answer in the field of limitations and exceptions if it left sufficient policy space to countries.

On the one hand, he said, “there is virtue in harmonisation, in allowing for the predictability of the law … as your business activities move from one country to another.” It makes the law easier to understand, and easier to address some of the issues of cross-border exchange..,” he said.

But the major disadvantage of harmonisation would be the loss of opportunity for countries to “experiment, test new ideas in lawmaking, and to move in some new directions,” he added.

Maybe the answer lies in the middle, said Crews: harmonise the law to a certain extent, “and then leave some of the details to individual countries.”

The European Union delegate remarked that even in an integrated legal system such as the EU, very few exceptions to copyright are mandatory for EU members. Member states “remain free to implement most of the exceptions in the EU legislation in their national systems,” he said.

Implementation Issues

Tunisia stressed the issue of the implementation of copyright exceptions and limitations in developing countries, particularly for libraries. Libraries often are “fearful of the complications,” referring to the exceptions and limitations legislation, and simply do not use it, preferring “what is possible and available,” he said

Crews said it is important to find “the right formula” for drafting a statute that is detailed enough that users are law-abiding citizens, “and at the same time not be so complicated in the structure of the law that it is difficult or impractical for most – even trained professionals – to follow.”

Cross-Border Exchange, TPMs

Brazil said the study sheds light on certain areas where further cooperation would be welcome. The Brazilian delegate said this cooperation could take into account the dynamic evolution of digital technologies and the “growing cross-border cooperation among libraries and archives.”

The delegate said some factors pose concrete problems for cross-border cooperation, such as the fact that some 33 WIPO members do not provide exceptions for libraries, and a higher number of countries do not provide exceptions and limitations that “could be deemed adequate” to address the new challenges created by the digital environment, and limitations and exceptions provided by national legislation vary deeply from country to country.

Now that the research has started with the 2008 report has been updated, we can see that from the universe of the WIPO membership 33 countries still do not provide limitations and exceptions for libraries and archives in their national legislation. A even greater number of WIPO members do not seem to provide limitations and exceptions that could be deemed adequate in order to address the new challenges libraries and archives increasingly face with the emergence of the digital environment

He also said the study states that technological protection measures (TPM) can have a negative impact on countries’ ability to “legitimately implement exceptions and limitations,” which is a “growing concern as countries seek to better regulate and avoid abuses in the use of TPMs.”

Crews said the issue of cross-border activity and the difficulty in cooperation between countries induced by the difference in laws is perhaps one of the most important that WIPO could address. Part of the solution to that problem might be a trusted third party facilitating the transfer of copyrighted works, he said. A sharing of resources should be allowed while protecting the interest of right-holders, he said, “so that they can participate in this and encourage this activity as well.”

Many developing countries keep insisting that the major issue for libraries and archives is the digital era. The digital revolution “has barely begun,” Crews said. “The transformation of technology and the way we communicate and the way we share information is only beginning, so it is important not to prescribe exact details, but … to take some steps to open up the issue,” he said.

Chile also underlined the fact that the study showed a low number of countries providing exceptions for interlibrary loans.

According to Crews, using licences for cross-border activities is limited to the countries which the licence covers. The risks of having licences as a solution to cross-border exchange is that “it leaves the terms to private negotiations,” and many countries might not have laws on licensing.

Licensing Agreements

Sweden said the country has a dual system: “traditional limitations” in the law or preservation and replacement, for example, and a licensing agreement system. The two systems run side-by-side smoothly, he said.

Crews said that the licensing agreement system is not adaptable to all countries. “There are many reasons why it has not been adopted” in some countries, he said, adding, “I would express some concern about requiring it as an international matter.”

The European Union said exceptions and limitations and licences often coexist well. Those licences are often collectively negotiated, said the EU delegate, and sometimes cover broader uses than the exceptions themselves.

Crews said conceptually in the law-making process, countries need to reckon with the relationship not only of the rights of owners and the public rights of use or the copyright exceptions, but also the role of licences, and should they be allowed to override an exception that is in the law.

“That is a tough question,” he said. “It not only goes to the balance of rights,” he added, but lawmakers should decide to what extent an agreement can impede the statute they have worked hard to develop.

Countries Provide Clarifications, New Legislations

Some countries provided clarifications or additions to the study. For example, Saudi Arabia, which was mentioned in the study as one of the countries with no exceptions and limitations, said the 1984 copyright law provides an exception in paragraph 3.

Ecuador said it is working on a substantial reform of its current intellectual property legislation, including exceptions and limitations for people with disabilities, teaching and educational institutions, and libraries and archives.

China said it is undergoing the third revision of its copyright law, and Thailand said in November it passed an amendment to its copyright law, on TPMs, and this amendment includes an exemption for the circumvention of TPM for libraries and archives, educational institutes, and public broadcasting organisations.

Crews said many countries, including the United States and those in the European Union, have exceptions for TPMs, with two basic procedures: an exception that allows the user to “do the act of circumventing the measures to access the content,” and a legal system that calls on the rights holder to provide the means to users to access the content.

The United States said the US Congress is currently reviewing elements of its domestic copyright law, including library-related exceptions and limitations.

In November, the Czech Republic introduced a new amendment to its copyright system, the delegate said, “and the amendment brought a new exception for libraries and archives and for other cultural and educational institutions and for public broadcasters,” enabling them to use orphan works existing in their collection, under specific terms and for certain specific uses.

NGO Questions and Comments

The representative of the Electronic Information for Libraries (eIFL) asked Crews how WIPO, as a United Nations agency with a commitment to enhance developing countries’ participation in the global innovation economy, could support countries to be at the forefront of digital developments. The representative also asked how libraries can accommodate their increasing need to send and receive information across border, within the realm of copyright law.

Many countries have either no exceptions, or have exceptions but very limited applications, which do not cover digital technology, Crews said, adding that WIPO is in a position to shape the next model.

The International Publishers Association said that legislation is one thing but to know whether they are implemented and how they work is another. The representative advised looking at what kind of practice, and also practical initiatives between stakeholders can solve issues at stake.

In many cases, the representative said, issues are solved by alternative means, citing collective licensing, but also solutions bringing together stakeholders, he said, which provide space and flexibility for adaptation and further change. On cross-border document delivery, he said, “It is not true that documents are not crossing continents or crossing borders.” He explained that there are many alternative ways of receiving content across borders.

Crews said he is supportive of alternatives outside of the law, however, they might not be optimal solutions, he said. In particular, it often takes no less time to develop those alternatives than writing law, he said. He added that those alternatives, such as licences, are available only with respect to certain types of works, whereas statues apply to all types of works.

“The private extra-legal systems are not going to solve all of the issues,” said Crews.

The International Federation of Library Associations and Institutions said the United Kingdom reform of its copyright law includes for the first time provisions that prevent contracts and licences from overriding the exceptions and limitations enjoyed by libraries and archives for non-commercial uses.

The Center for Internet and Society (India) asked about the interoperability of limitations and exceptions to allow for easier trans-boundary movement of works. Crews said the trans-border concept seldom appears in library exceptions. Trans-border sometimes is governed by copyright law and sometimes by some other part of national law, such as import and export, he said. Some degree of harmonisation can help with interoperability, he said.

In general terms, and following an intervention by the TransAtlantic Consumer Dialogue mentioning public involvement in the discussions, Crews said, “We are all copyright owners and we are all users of other people’s copyrights to some extent.”

The public does not realise that they are all owners and users of copyrighted works on a daily basis, he said, and they need to become participants in the process.

[Update:]

Knowledge Ecology International asked if the periodical revision of the Berne Convention’s standards for copyright exceptions, which ended in 1971, should be resumed. The KEI representative also asked whether the copyright three-step test contained in the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) applies to specific limitations and exceptions to remedies for infringement, in part III of TRIPS (Enforcement of Intellectual Property Rights).

Crews answered that the three-step test does not apply to the remedies, or other matters. The test is on “its own terms applicable to the limitations and exceptions,” he said.

On the revision on the Berne Convention, Crews said “the answer is yes” but it is a “bigger subject than we are convened here today to discuss.”

KEI also mentioned a Spanish tax which “apparently” is taken on snippets from news organisations and asked if this tax does not violate the two mandatory exceptions in the Berne Convention, which are news of the day, and quotations.

Crews said the issue might be about the interrelationship of copyright with other areas of the law. The Spanish tax mentioned might be relative to a tax law, he said.

For more details visit http://editors.cis-india.org/a2k/news/ip-watch-catherine-saez-december-18-2014-wipo-study-on-copyright-exceptions-stimulates-broad-discussion-with-author

Security and Surveillance: A public discussion on Optimizing Security while Safeguarding Human Rights

praskrishna — 2014-12-19T08:46:34Z

The Centre for Internet and Society (CIS) invites you to a public discussion on optimizing security and safeguarding human rights at its Bangalore office on Friday, December 19th, 2014, 16:00 to 18:00.

The Centre for Internet and Society, in collaboration with Privacy International UK, has undertaken exploratory research into surveillance, security, and the security market in India.

Through this research, we hope to understand and document policy and law associated with security, surveillance, and the security market in India and learn about the regulation of security and related technologies such as encryption, filtering, monitoring software, and interception equipment. We also hope to understand the import and export policy regime for dual use technologies.

Such findings will be critical in creating evidence based research to inform security policy and regulation in India and work towards enabling regulatory frameworks that optimize the nation’s security while protecting the rights of citizens.

For more details visit http://editors.cis-india.org/internet-governance/events/security-and-surveillance-optimizing-security-human-rights

Tulu Wikipedia - Coverage in Vijaya Karnataka

praskrishna — 2014-12-27T16:36:09Z

This is the coverage in Vijaya Karnataka on December 15.

For more details visit http://editors.cis-india.org/openness/news/tulu-wikipedia-december-15-2014-coverage-in-vijaya-karnataka

Tulu Wikipedia (Coverage in VijayaVani)

praskrishna — 2014-12-27T16:30:57Z

Media coverage in Vijayavani.

For more details visit http://editors.cis-india.org/openness/news/tulu-wikipedia-coverage-in-vijayavani

Policy Brief: Availability and Accessibility of Government Information in the Public Domain

praskrishna — 2014-12-15T12:31:01Z

For more details visit http://editors.cis-india.org/accessibility/blog/policy-brief-availability-accessibility-govt-information-public-domain.pdf

Banning cabs is easier said than done

praskrishna — 2014-12-15T01:35:52Z

The Karnataka government is going by the book. On Thursday, it duly followed the Centre's orders to ban Uber and other unregistered app-based car sharing service. But the moot question is: can such a ban work? For, all of Thursday, Uber and TaxiForSure apps were working and booking rides despite the directive.

The article by Aparajitha Ray was published in the Times of India on December 12, 2014. Sunil Abraham gave his inputs.

There are 12 aggregators having tens of thousands of cabs plying on city roads. Uber cars have no stickers on them to make them visible for enforcers of the ban. But the government says the ban will stay and will be lifted only when aggregators register themselves. Transport commissioner Rame Gowda said, "The implementation begins in right earnest. If we find any cab plying under the banner of any of the banned cab services, the cabbie will lose his licence for another four months or so and his permits will be cancelled. Also, there are 25 other permit conditions, which will be tallied by our motor vehicle inspectors and accordingly, the fine will be levied."

An enforcement official told TOI, "The problem is to find whether a cab is working for Uber or not because the cars don't have any stickers. Today, we picked cabs at random points in the city and found many violators. There is no deadline but the enforcement will continue. On the first day, I had about 10 RTO officers and some motor vehicle inspectors with me for the enforcement drive but the times ahead are going to be tough for us too."

The department is facing shortage of motor vehicle inspectors. In all, there are 83 motor vehicle inspectors and 11 RTO officials to undertake the massive enforcement drives across the city for schoolbuses, two-door regulation for long-distance buses and now the cabs. Legal tangles over recruitment of motor vehicle inspectors have restrained them from adding staff. Across the state, there are 1,839 motor vehicle inspectors across the state and there are 888 vacancies. The other challenge is how to stop booking of rides if the apps are functional and citizens who are satisfied with the services continue to book their ride through the app. There are many cabbies who work for more than one company and most of them have no branding on the vehicles, which is going to puzzle the officials even more.

It's not easy to ban in a virtual world, say net experts. "Banning is not a solution. But the government can simply issue a block order and force the internet service providers to pull out the apps and also make them delete the apps downloaded on phones of the users of their platform. But services like Uber are a cloud service and a shared infrastructure. So there could be collateral damage to companies whose infrastructure they use. There can be many other websites also which will not be available to the users," said Sunil Abraham, executive director of the Centre for Internet and Society in Bengaluru.

For more details visit http://editors.cis-india.org/internet-governance/news/times-of-india-december-12-2014-aparajitha-ray-banning-cabs-is-easier-said-than-done

Tulu Wikipedia Presentation: Coverage in Kannada Prabha

praskrishna — 2014-12-27T14:46:59Z

Dr. U.B. Pavanaja made a presentation on Tulu Wikipedia at a workshop held in Mangalore on December 14, 2014. This was covered by Kannada Prabha.

For more details visit http://editors.cis-india.org/openness/news/kannada-prabha-december-14-2014-tulu-wikipedia-presentation

When technology is able but the mindset is not

praskrishna — 2014-12-14T06:01:06Z

There are enough digital products and services to help people with disabilities. Widespread ignorance stands between them and digital inclusion.

The story by Geetanjali Minhas appeared in December 1-15, 2014, issue.

Twenty-four-year-old Bhavesh Patel moves around giving a demonstration of the screen reader Dolphin Supernova in such a sure-footed manner that no one can imagine he is totally blind. The device has a voiceover function that can be used on iPhone.

Not just that, Patel travels every day from his home in Vikhroli to his office in Goregaon, changing buses and trains with minimal assistance.

Patel’s colleague, Debashish, who is autistic, and no less capable, is known for his immaculate spellings within the company.

Team leader Priti Rohra, despite low vision, skillfully heads the testing team for websites and meticulously ensures that guidelines for the disabled are adhered to. Rohra works on policies and research and has prepared many reports for BarrierBreak, a company where 75 percent of the staff has disabilities like autism, inhibited vision and impaired hearing. Its unique competitive advantage has allowed the company to help develop niche products and services for converting textbooks into more disabled-friendly formats like digital talking books (Epub Conversion). Till now, it has produced 1.5 million pages of disabled-friendly textbooks.

“When the government provides technology to its own employees it is enhancing their productivity,” says Shilpi Kapoor, founder-director of BarrierBreak and a member of the Nasscom Disability Advisory Group. “The fundamental difference here is that internationally, disability inclusion is a mandate, whereas in India it is considered charity and therefore a challenge. As a result many disabled are denied jobs as per their calibre and given salaries as doles.”

The priority given to policies for development of disabled-friendly information technology tools and services has been relatively low in India. Usually, it stems from an inaccurate understanding that the development of such tools and services will cost more money, and there will be no opportunity to recover it from the market.

A critical component of digital inclusion is to make websites and applications disabled-friendly. Most websites are not compliant with international guidelines on disabled-friendly requirements. Developers, officials and policy makers give disability accessibility a cold shoulder, retrofitting it into existing policies and processes as an after-thought.

An attitudinal shift might come if the new national policy on universal electronic accessibility (NPUEA) notified by DeitY is implemented, resulting in nearly 7,000 government websites becoming accessible to the disabled, especially visually impaired.

Various reports, including a 2012 survey by the Centre for Internet and Society (CIS), found that almost 25 percent of 7,800 government websites failed to open and the remaining had accessibility barriers. The web accessibility survey report of Indian government websites by the national centre for promotion of employment for disabled people (NCPEDP) in 2012 too revealed that of the 200 government websites tested, only two were found to be disabled-friendly. “Disability is a major social issue that India is grappling with. It needs to be addressed through not just policy, but also through assistive technology solutions,” says Prakash Kumar, CEO, Goods and Services Tax Network.

CIS executive director Sunil Abraham, who was on the committee that formulated the NPUEA, says besides non-confirmation of websites to international norms, there are many technical hurdles. Text-to-speech and speech-to-text software, mature optical character recognition systems, speech and grammar check and machine translation are some of the features that are still not available for most Indian languages, he adds. “Many government websites use font encoding for Indian languages which results in the failure of text-to-speech technologies.”

DeitY, under the ministry of communication and information technology, is supporting some technology interventions for the disabled, across different Indian languages. This also includes text-to-speech tools. “Mobile phone manufacturers should also provide in-built tools to cater to the needs of disabled people,” points out Ajay Kumar, joint secretary, DeitY. Emphasising a strong legal framework for implementation of the policy, Kumar adds that though the new policy promotes disability inclusion, the information technology ministry does not have the legal backing to enforce it. “The ministry of social justice and empowerment is creating a legal framework for the bill that is under consideration by the concerned committee to mandate some of these things, including technology assistance for the disabled,” he adds.

Abraham says besides ensuring that websites and services are accessible to the disabled, the new policy must be updated to include a mandate that all parties providing essential services to the general public must comply with accessibility standards. “Manufacturers of ICT products should provide at least one accessible model of their products within each price range that they are operating within,” he says.

Sam Taraporevala, associate professor and head of sociology department, St. Xavier’s College, Mumbai and the director of Xavier’s resource centre for the visually challenged, says with the government accepting a policy that IT tools should follow accessibility standards, it is now a question of monitoring, and, perhaps, even judicial activism. Nirmita Narasimhan, policy director, CIS, who works closely with various government departments to bring accessibility into their policies and programmes, concurs. “There must be accountability and a monitoring mechanism to check whether websites are disability compliant,” she says.

Maharashtra is the only state to make it compulsory for every department to have a scheme for procuring disability access products. Yet, compliance remains a problem. “Despite the government holding awareness camps at various districts, barriers are created for accessing government schemes. Resistance on part of government agencies to give out equipment to disabled people and lack of awareness among people about the availability of such facilities are the other stumbling blocks. Yet, there are ways for getting these products,” says Kapoor.

Experts say the needs and requirements of the disabled vary according to their disability and affordability of tools. Also, low income levels of many disabled people is a dissuading factor toprocuring equipment. “Most available tools and technologies are proprietary and, hence, costly and we are not able to scale them up in a big way,” says Kumar.

Taraporevala, born with 100% visual impairment, was instrumental in getting the guidelines for opening and operating demat accounts for visually impaired persons implemented. He also says mainstream consumer product companies are moving into touchscreen modes in mobile phones forgetting a large chunk of disabled population. “While the standards are there, implementation suffers due to lack of awareness which, in turn, leads to less demand,” he says.

The way forward
Governance Now also asked experts if corporate social responsibility (CSR) towards disability inclusion could address challenges in recruitment of disabled persons. “Instead of a hammer approach, a care approach has to be adopted,” says Rita Soni, CEO, Nasscom Foundation. According to Kumar, “Absence of commercial interest in promoting disability accessibility products has afflicted the sector with neglect.” However, Kapoor says, “This has to be an equal opportunity business. There will be differential costs, but at the same time the total number of disabled people in India is close to 70 million and a billion world over. How can you not treat them like a client?”

Speaking of the revised CSR rules under the Companies Act, Soni adds, “You can support skilling of persons with disabilities that has nothing to do with your business and have it considered as CSR expenditure. But if you make your office building or internet accessible, it does not count. Creating incentives around disability will make us a more inclusive society and make disability more amenable to office environment.”

Maharashtra IT secretary Rajesh Aggarwal adds, except for the metro, none of our public transport systems are disabled-friendly. As per national building code of India, while giving permissions for public buildings there must be a checklist to ensure that buildings and toilets are wheelchair and blind-friendly. Similarly, hotels must have few rooms which are disabled-friendly.” This awareness has not yet set in,” he says.

The Asia-Pacific region study of UNESCO global report 2013 has said many countries in the developing world are struggling to attain their millennium development goals of providing universal primary education to all by 2015. Our education system, on the other hand, has serious flaws. “We do not teach professionals about assistive technologies and for that reason an eye doctor does not know about low vision aids or a speech therapist does not know how to use communication devices,” says Kapoor.

Taraporevala is of the view that universal (architectural) design needs to be actively woven into every design curriculum across the spectrum, instead of being an optional subject. Physical infrastructure, building standards, for instance, need to reflect this and there needs to be active lobbying to ensure that certificates for public places are not given if they lack certain standards.

For more details visit http://editors.cis-india.org/accessibility/news/governance-now-december-1-2014-geetanjali-minhas-when-technology-is-able-but-mindset-is-not

Tulu Wikipedia gets some push

praskrishna — 2014-12-27T15:20:04Z

Tulu Wikipedia, which was launched in 2007, is still in incubation stage, according to UB Pavanaja, Programme Officer at the Bengaluru-based Centre for Internet and Society.

The article was published in the Hindu Businessline on December 13, 2014

Speaking at a technical session on ‘Tulu in technology’ as part of Global Tulu Festival in Mangaluru on Saturday, he said that now some push has been given for reviving Tulu Wikipedia.

Workshops on Tulu Wikipedia were conducted in March, April and November this year. The number of Tulu articles in Wikipedia was 135 in January 2014. It has increased to around 750 now, he said.

Referring to the lack of encyclopaedic knowledge in Tulu language, he said there is a need to give push for creating encyclopaedic knowledge in Tulu in such a situation.

Steps should be taken to contribute entries for Tulu Wikipedia regularly to keep it live. Those who work for Tulu Wikipedia should meet regularly to discuss future course of action.

He said that Wikipedia entries in Tulu language can be made under the URL http://bitly.com/tuluwiki

A live Tulu Wikipedia will help bring pressure on the Government to include Tulu in the Eighth Schedule of the India Constitution, he said.

Tulu-speaking people can request for including the Tulu script in Unicode, if there is a live Tulu Wikipedia, he added.

It may be mentioned here that works in Tulu language are prominently written in Kannada script, as Tulu script has not gained acceptability.

For more details visit http://editors.cis-india.org/openness/news/hindu-businessline-december-13-2014-tulu-wikipedia-gets-some-push

SCCR 29 Libraries, Archives and Public Interest NGOs in Q&A with Dr. Crews

praskrishna — 2014-12-27T16:54:58Z

While the many publishers representatives took the floor to explain that there are truly no problems with limitations and exceptions for libraries and archives (and anyway according to them if there are problems that can be solved with licenses), libraries & archives as well as public interest groups make their case: the committee must continue its work on limitations and exceptions for libraries and archives and find solutions.

This blog entry was published on the website of Knowledge Ecology International on December 11, 2014.

Here are excerpts from some of the interventions:

Hasmik Galstyan, Yerevan, Armenia speaking for the Electronic Information for LIbraries (eIFL.net):

>> EIFL: I'm speaking on behalf of the electronic information for libraries and that works with libraries and library con sort Sha in more than 60 developing and transition economy countries. We thank the Secretariat for commissioning the updated study that provided a comprehensive overview in the IP law. We thank professor crews for his clear presentation.
The report contains positives and negatives from our Point of View. The positives include the fact that law makers are to some degree responding to the need for legal change and a small number of countries have over the last six years created new exceptions especially with regard to digital services. These changes are to be commended. On the other hand, it is discouraging that 18% of countries including five EIFL partner countries have new exceptions for libraries and over one-third located almost totally in the developing world still do not have an exception allowing libraries to make copies of their works for the users. The trend regarding digital library services doesn't look good. Even for states that introduce amendment 2008 digital is barred in 50% in some cases for preservation and it states with anti-circumvention protection while some have applied library exceptions as mentioned by professor crews half of the countries have provided no library exceptions. So while a small number of countries are moving ahead and reforming their copyright laws the digital divide is being perpetuated at a time when libraries everywhere are adopting new technologies and Developing Countries are rapidly moving to mobile. My question is how can the situation be addressed. How can WIPO as an UN agency with a commitment to work with Developing Countries to enhance their participation in the global innovation economy most effectively support countries to be at the forefront of digital developments. To ensure that our libraries that are working hard to support education and development are not operating with one hand tied behind our backs.

My second question is considering that between 2008 and 2014 only a handful of countries have been implemented made changes benefitting libraries and their users and imagining that the current rate of support for a change stays the same, how long do you think it will take before all WIPO Member States have exceptions good enough to support library activities in the Digital Age? And the last question, please. Libraries collections contain materials of unique cultural and historical significance to people in other countries to the national border changes shared languages and a host of other reasons. In addition collaboration among researchers today is international. Therefore libraries increasingly need to send and receive information across borders. In our examination of copyright laws how do they accommodate or not these activities? Thank you very much.

The libraries representatives were echoed by archives representatives. William Maher, University of Illinois at Urbana-Champaign, representing the Society of America Archivists.

Thank you for producing a study that brings such clarity to the quite confusing maze of the laws that librarians and archivists must work with. Archives has been mentioned a lot over the past couple of days but I am only the second archivist to be addressing this issue at SCCR. Archivists know that the general populations does not understand what archives are and how and why we do what we do. However, it seems reasonable that those who draft copyright laws should understand that archives are fundamentally about the unpublished legacy of humankind. Yet, when looking at the 70 or so countries in the 2014 study, archives are seriously overlooked–Despite whatever minimal improvement for libraries, archives have been left out of 53% of the exceptions for preservation and 72 % of the exceptions for copying for research. Is this absence of provisions also reflected in the fact that the laws lack definitions of archives? Can this oversight be read as meaning that archives do not matter to the nations copyright system, or does it mean that copyright should not matter to archives?
>> KENNETH CREWS: Well, thank you very much. Yes, I think you have also heard me speak very strongly about the distinct interests of archives and maybe I should say even more important the distinct interests of our citizens in archives and in the works that they are -- the work that they are doing. And their ability to use these copyright provisions for the benefit of the country and of its citizens. I certainly can't emphasize that enough. So I -- I'm not going to read in to the lack of reference to archives. The kind of meaning that you are asking about. But instead I think we can certainly say that it makes you wonder if archives have been recognized by the drafters of many of these statutes and if in the case of following through on the example of the models influencing domestic law it really is have archives come to the attention of the individuals who have been responsible for developing some of the models. So I believe very strongly that the future statutes in individual countries and the drafting of different kinds of instruments or models that may come from WIPO or any other organization need to encompass archives. And the -- because the preservation and research access and other kinds of beneficial uses of archival material goes directly to the preservation of the culture and the history of our countries and our people. And it is vital that we be able to do that and keep archives at the table. And I thank you very much for being here.

Another stakeholder, Nehaa Chaudhari, Lawyer, Programme Officer at the Centre for Internet and Society questioned Dr. Crews on provisions regarding digital works:

CIS: Thank you Madame Chair. Thank you very much professor crews for your presentation yesterday and this comprehensive study on libraries and archives. Very timely and very important to us from the [...] access to knowledge and information most critically.
I have two questions. My first question: did you find in your examination that in terms of or on the question of limitations and exceptions did you find that there was an equal or equitable treatment of digital resources in comparison to resources available in more traditional formats? And if not, where do you think that are lever of change lies to ensure that fair use of fair dealing provisions are extended e equitably to the digital environment as well.

My second question is on the interoperability of limitations and exceptions. Given that copyright is a very national thing and as your study has also well established countries have a whole range of veridy veers approaches and practices on limitations and exceptions. But also given the fact that we live in an increasingly globalized world we need a system that is interoperable with respect to the transboundary movement of works with as little fiction as possible. Again both in the physical as well as in the digital environments. So what did your examination show of how interoperable or not the range of limitations and exceptions actually have. Those are my two questions. Thank you very much.

> KENNETH CREWS: Thank you very much. On the second question, I'm afraid I might mind myself only repeating some of the concepts that have already said about transborder and really about in the statutes anyway, a lack of recognition of transborder. And the transborder concept, so I will add this piece to the conversation, the transborder concept seldom if ever appears in these library exceptions to the extent that we are going to find it in copyright law or some other part of a national law it may very well be over in the import/export kind -- area of the law. But that also goes to the interoperability which think we have answered a few times just this sort -- the lack of exact harmonization and as others have reminded me I have said before that I may not be a fan of exact precise harmonization and indeed it may not be possible or even desirable. But some degree of harmonization can help with that interoperability. Interesting question, you do -- you did raise a new point about digital. We have talked several times in this conversation about use of digital technologies in the exercise of the rights of use under the exception. However what I think you were asking about is the ability to apply the exception to works that are digital in the first place that are what we call born digital and that's a very interesting question. The statutes do not address that. Sometimes you will see a statute that refers to -- that says it applies to all these different kinds of works but not computer software. That tells you somebody was thinking it shouldn't apply to software but somehow software is different and there are problems with that. We know that software has changed and been incorporated in to many different works. But we generally see a statute almost always see a statute that's about books or archival materials or some other kind of work without specifying the technology. So can it apply to an e-book in addition to the paper book? The statutes don't go there. They don't sort that out.

So in my common law tradition I look at that and see that as a question for interpretation. In
a civil code system I might look at it and see it a little bit more firmly for lack of a better word
about what the scope of that word book, for example, really means. Really good question. And it is one that the statutes have not picked up on. Thank you very much.

Finally, the TransAtlantic Consumer Dialogue (TACD) representative David Hammerstein made the following political and philosophical intervention:

Thank you very much. Thank you Mr. Crews for your presentation. I would like to say a few general words. Internet and the digital obviously is global. Copyright laws are national. Economic power is global. Politics is national. This is very relevant to our discussion.
And other relevant factor is that copyright law and the idea of exceptions and limitations are very complicated. It is for small circles of specialists usually and when these things come out in to the open to the greater public opinion things change radically. I can only remind peep of this room for the debate on ACTA or the debate for SOPA and PIPA in the United States. When these issues come out of the closet things are seen in a very, very different light. The opinion of copyright specialist especially where I know in the European Union and totally different with the opinions of the general public. And the general public the vast majority are frustrated by copyright law because social reality that applies de facto and I am not talking about piracy, I am talking about de facto flexibilities and exceptions and limitations are very, very far from the legal reality of the copyright. The vast majority of Europeans would like to have a harmonized and mandatory exceptions and limitations that we are speaking about, whether it be more text and data mining, whether it be for libraries whether it be cross-border, whether it be preservation of cultural heritage, they would like that. Now the opinions of the often of political structures are captured by certain experts and very special groups that are interested in what they want. Especially the European Union is at a cross roads and we can see it politically because around a year ago the European Union launched a process called lnss for Europe where some of the ideas presented by some of the industry people were brought up memorandums of understanding and that the solution to exceptions and limitations for these issues could be found in voluntary measures between stakeholders. This was a failure. This was a terrible failure. We had letters many many many Nobel Prize winners who are asking tore a legal exceptions and limitations for text and data mining for other scientific research and we think that many orphan works legislation does not go far enough. Et cetera, et cetera, self generated user content. How can that Democratic debate take place and these cross roads can be made a positively by real decisions. And I think those real decisions have to be deal with the public dough minute yon, what is public knowledge and things about the commons, we are talking about the knowledge commons here need to have a democratic debate and need to have democratic management. Now this could be done by very delayed mediation to end up in the hands of a few copyright experts that are very close to very narrow industry that I think is defending outdated models or we could open a democratic debate where exceptions and limitations for libraries and archives for preservation for scientific limitation would be beyond borders. Even inside the European Union today it is almost hard to imagine there to be harmonization in the internal market. And the people making money prefer a fragmented market even though European site sents want a harmonized market for these things. My question is impossible question. I am sorry to put you on spot of how to open up the door, how to bring this issue out of the closet and how to involve millions of people who really want that change. Thank you very much

For more details visit http://editors.cis-india.org/a2k/news/knowledge-ecology-international-sccr-29-december-11-2014-libraries-archives-public-interest-ngos-q-a-with-dr-crews