Centre for Internet and Society

Copyright Law: More Than A Moral Obligation

praskrishna — 2012-08-13T03:59:47Z

It was a cozy and warm atmosphere in a bookstore in South Delhi — with plenty of cushions thrown on the floor — that I attended a delightful book launch for children. The book was displayed prominently, along with some fabulous original illustrations done by the author, from which the book illustrator had been “inspired”. I clicked some photographs with my smartphone. The publishers, based in another city, couldn't attend the event. So, I thought why not mail it to them, they are fraternity. Soon, a newsletter popped into my mailbox from the same publisher, with a lovely write-up of the book launch accompanied by my photographs, but with no acknowledgement given to me. I was disappointed.

This column by Jaya Bhattacharji Rose was published in Business World on August 9, 2012. Pranesh Prakash is quoted.

After pondering over it, I decided to bring it to the publisher’s notice. To me, it was the principle of recognising the IPR (intellectual property rights) of the creator and giving due credit that I felt was at stake here. This was the reply I received, “So sorry. It was a slip up as I had said that you should be acknowledged. But since that is not the usual practice — simply because no one had asked — it was overlooked.” An apology received and accepted. I did not stop at that. I requested that in the next newsletter it should be rectified and on the blog, the photographs uploaded should go with credits.

To explore larger issues surrounding copyright, and for publishers in general, management of copyright is a very important part of their business. In May 2012, the Indian Parliament passed a few amendments to the Copyright Act. (It is still a bill, at the time of writing this column.) A victory to a large extent for the music industry, but it has made very little difference, so far, to the publishing industry. Plus, the debate surrounding Clause 2(m) of the Indian Copyright Act is still an open chapter. As per the clause, a book published in any part of the world can easily be sold here. Thus, diluting the significance or infringing upon an exclusive Indian edition. The Parliament Standing Committee investigating the pros and cons of Clause 2(m), made a “forceful recommendation” for its amendment, but it was not included in the bill. So the HRD Minister has referred it to an NCAER expert committee constituted.

However, another amendment relevant to the publishing industry has been the increase in copyright term for photographs. “This will make using older photographs impossible without hunting down the original photographer,” says Pranesh Prakash, a lawyer and copyright expert and programme manager at Centre for Internet and Society. “So far, things have worked well because sepia-tinted photographs have generally become part of the public domain. But now, only photographs by photographers who died before 1951 are part of the public domain. This has shrivelled up the public domain in photographs since it is even more difficult to trace the photographer (and date of death) than to estimate the age of a photograph, determining whether a photograph is in the public domain is laden with uncertainty. The use of historical photos in books (and Wikipedia) will be badly affected.”

Having been a publisher for years, I tend to be very careful about issues involving copyright. Dig deep and you will find anecdotes that illustrate the crying need for understanding copyright issues. For example, an illustrator submitting files to a reputed art director could be told that the illustrations are not up to mark. Unfortunately, when the book is published, the ‘new’ illustrations are pale imitations of the original line drawings submitted by the illustrator.

Or for that matter, a playwright being asked to create a script, but is never acknowledged or even paid the royalty due since the director believes that the core idea for the play is hers. ‘The playwright merely gave it a form’ is a common retort. Or, a couple of editors discovering their original research (and highly acclaimed globally) has been blatantly plagiarised by a well-known writer and published by an equally prominent publisher. Despite having marshalled all the necessary evidence, the editors are unable to file a case, since the court fee is a percentage of the damages sought and is beyond their reach. So, these cases stagnate with no redressal and the creators are left frustrated and angry.

The core issue is, how many professionals in the publishing eco-system actually know what is copyright or how to exercise their rights? After all, it is only a concept, albeit a legal one, which gives the creator of an original work exclusive right(s) to it for a limited period of time. Establishing and verifying the ownership to copyright is a sensitive issue. A good example of how an organisation can facilitate, disseminate, inform and empower a literary community on IPR and related topics is the Irish Writers Union.

According to their website, it is “the representative organisation for one of the major stakeholders in any discussion about copyright: Irish authors. While we understand that copyright legislation might be a barrier to innovation in certain industries, the IWU believes that any change to copyright law must be managed in such a way as to ensure that no damage is done to Ireland’s literary activity. ...literature earns hard cash for Ireland. Both in the form of its contribution to the €2bn annual gain from cultural tourism and in the considerable revenues deriving from the success of sales of Irish works, Irish publishing and writing is an activity that should not be jeopardised by any legal change that weakens the value of copyright ownership to the creators of original literary works. ...We note that if anything, copyright law in regard to literature should be strengthened to protect rights holders.”

As Shauna Singh Baldwin, a Canadian-American novelist of Indian descent, comments upon the significance of copyright in an e-mail conversation with me, “The breath of the individual creator, his/her imagination and speculation gives life to a work of art. To create something new, you take ideas from many sources, recontextualise them, find unexpected connections between them, and create something new — and beautiful. If we continue to be ashamed of our own imaginations and so fearful of mistakes that we must copy the tried and true, we will never create, only innovate.”

As for the rejoinder and photo credits I had requested for my photographs, the publisher implemented it immediately. And I was glad.

Jaya Bhattacharji Rose is an international publishing consultant and columnist.

For more details visit http://editors.cis-india.org/news/www-businessworld-in-jaya-bhattacharji-rose-august-9-copyright-law

Respite from Internet Censorship?

praskrishna — 2012-08-10T15:51:30Z

Of late, a lot of the blocked websites have started reappearing. So should we sit back and relax? We take a look at how it's not really the start of something beautiful...writes Nimish Sawant. Sunil Abraham is quoted.

Published in thinkdigit on June 2, 2012

In April, Chennai based Copyrights Labs got a John Doe order (An order against no one in particular) from Madras High Court which ordered ISPs to block several video hosting websites such as Vimeo and Dailymotion along with a string of torrent sites such as Isohunt and Pirate Bay. The motive was to prevent illegal sharing of the movies 3 and Dhammu. The ISPs went on this whole website blocking spree welcoming users with messages such as, “This website has been blocked as per instructions from the Department of Telecom (DoT)”.

In June, the Madras High Court issued an order which made it mandatory for complainants to provide exact URLs where they find illegal content, such that ISPs could block only that content and not the entire site.

This order is definitely a relief for Indian internet users, who were facing a variety of blocked websites for a couple of months. In the May-June period there was a lot of media coverage around Internet censorship and then there was the much-hyped Anonymous protest (http://goo.gl/YCQod) that saw a not-so-great participation. Just like most media stories, it is slowly departing from the public conciousness. So does this mean our censorship woes are behind us?

Far from it.

The dark cloud of Intermediaries Guidelines
The Information Technology (Intermediaries Guidelines) Rules 2011 were added to the IT Act 2000. According to it, the intermediaries (website, domain registrar, blog owner and so on) guidelines allows the government to pull up any website that hosts “objectionable” content. It gives anyone the right to send “content removal notice” to an intermediary, asking it to be removed within 36 hours. Terms describing such content - grossly harmful, harassing, blasphemous, defamatory, obscene - are those that are open to interpretation. So, Facebook can be hauled up for derogatory content or pages on its site. Hell, even if you own a blog and someone else posts a derogatory comment, you can be pulled up.

This is a rather smart move by the government to force self-censorship down our throats. Just try imagining - Every 60 seconds: on YouTube there are 48 hours worth of videos uploaded; Wordpress users publish 347 blogs; Twitter users send over 100,000 tweets among others. (Source: http://goo.gl/U7qT8) How on earth is monitoring such a vast amount of data even possible?

Karnika Seth, Cyberlaw Expert	"Any content which is illegal can be blocked by ISP or on directions of a court.A person who uploads illegal content does not have a right to claim that it should not be blocked. But if harmless content is blocked arbitrarily by government or by an ISP, a person can approach the court for a direction that content should not be blocked from public access. No specific section in IT Act entitles a person to sue in such cases . However freedom of speech and expression is our fundamental right guaranteed under Art.19 of the Constitution of India and it is our constitutional right to seek legal redress for its protection by approaching the court."

Karnika Seth, Cyberlaw Expert

"Any content which is illegal can be blocked by ISP or on directions of a court.A person who uploads illegal content does not have a right to claim that it should not be blocked. But if harmless content is blocked arbitrarily by government or by an ISP, a person can approach the court for a direction that content should not be blocked from public access. No specific section in IT Act entitles a person to sue in such cases . However freedom of speech and expression is our fundamental right guaranteed under Art.19 of the Constitution of India and it is our constitutional right to seek legal redress for its protection by approaching the court."

Every site has internal checks and balances in the form of a 'Report Abuse' option, where users raise flags against content which they may find objectionable and the site takes a call. But with the intermediary rules, the content has to be removed within 36 hours. And here's the kicker – the content can be removed without informing the owner or giving him or her a chance to defend. A political cartoon website cartoonsagainstcorruption.com was a victim of such rules. In March this year, Rajya Sabha MP, P. Rajeeve, had moved a motion calling for the annulment of the intermediaries rules sometime in April. This motion, as would be expected, was defeated by a voice vote.

“Any content which is illegal can be blocked by the ISP or on directions of a court. A person who uploads illegal content does not have a right to claim that it should not be blocked. But if harmless content is blocked arbitrarily by government or by an ISP, a person can approach the court for a direction that content should not be blocked from public access,” said cyberlaw expert Karnika Seth. When asked if there is a clause in the IT Act which enables a person to drag the government or the ISP for blocking access to their harmless content on the web, Seth said, “No specific section in the IT Act entitles a person to sue in such cases . However, freedom of speech and expression is our fundamental right guaranteed under Art.19 of the Constitution of India and it is our constitutional right to seek legal redress for its protection by approaching the court.”

So what should one do if his or her content is blocked due to the blanket ban on websites? “If I am blocked access to my content on the web (say by blocking sites such as Vimeo or Blogspot for instance) I should file an appeal against the John Doe order in the higher court or to the division bench of High court if earlier order has been passed by single bench of the same High court. These provisions are there for any citizen in Procedural Law of India. The IT Act, 2000 need not be invoked,” says Advocate Prashant Mali, President, Cyber Law Consulting.

Google Transparency report clearly established a link between internet censorship and the government. According to the report, between January and June 2011 Google received 1739 requests for disclosure of user data from the Indian government whereas from July to December 2011, the number of requests by the government went up to 2207. Thankfully Google's compliance rate has come down, but the requests will keep increasing. And this is just Google products we are talking about. Is it then right for just the government to go ahead and draft the rules regarding internet usage? Are there provisions for you, the user to play a part in drafting of these rules. According to Advocate Mali, laws are generally put up for debate on various Government websites. But in the case of the Intermediaries Guidelines, the government used the two-thirds majority to pass the rules.

According to Sunil Abraham, Director, Centre for Internet and Society – a Bangalore-based internet advocacy group, we are very far in terms of Internet policies. “Dr. Gulshan Rai of CERT-IN has not taken even the public feedback process seriously and does not hold public consultations. This is very unlike TRAI, the telecoms regulator that has a very sophisticated approach towards transparent and participatory policy formulation.” He says that in India there is little transparency in some areas of policy articulation and our representatives do not seem sufficiently interested in protecting the public interest.

Also according to Adv. Mali, the recent Madras High Court directive asking the ISPs to block only the ‘pirated content’ and not the entire website, is just half the battle won for the ISPs. “If ISP's feel they have won, then that's just half the victory, because if they don't implement the order with full might and even if one copyright gets infringed because of there weak enforcement, then it would amount to Contempt of Court which will land ISP's into soup,” he says.

“The Madras High Court judgement which essentially directs ISPs to block “pirated content”, and not the website as a whole, is a good judgment with respect to Internet users, but implementing it selectively would be a mammoth task for ISP's. If ISP's feel they have won, then it's just half the battle won, because if they don't implement the order with full might and even if one copyright gets infringed because of weak enforcement, then it would amount to Contempt of Court which will land ISP's into soup."

Advocate Prashant Mali, President, Cyber Law Consulting

Is the Anonymous way, the right way?
In June, we saw the global hactivist organisation - Anonymous attacking a string of Government websites and that of ISPs such as Reliance communications, which had blocked access to websites. On June 9, there was a street protest across various metros in India. While the participation was not very encouraging, the sympathy for what Anonymous hackers were doing to those opposing Internet censorship was immense.

According to Advocate Mali, though the agenda of Anonymous was good, their means of achieving that end were wrong. “One cannot put a gun on the Government’s head in a democracy. If they keep doing this, they will be outlawed. If Anonymous really wants to work for the netizens, they should find better ways to protest instead of those which are cognizable cyber crimes in India.” said Mali.

According to Abraham, Anonymous are embracing the civil disobedience movement to protest against unjust laws. He feels that it is pertinent for Anonymous to retain the moral high ground. “Breaking into servers, leaks of personal information and defacement of websites is both illegal and also unlikely to win them more supporters from within the policy formulation space,” concurs Abraham.

Sunil Abraham, Executive Director, Centre for Internet & Society

“The government ie. the government in power, does only frame subsidiary rules. For example – the draconian rules related to reasonable security measures, cyber cafes and intermediaries were drafted in April last year. The main Act in this case the Information Technology Act is framed in the Lok Sabha and Rajya Sabha. Even though the elected government may dominate the proceedings, if they have a clear majority, the opposition parties must debate every detail especially in laws that affect our civil liberties. Unfortunately, since the Internet is not used by the majority of the population it is politically still an insignificant issue. The private sector cannot frame laws that regulate itself – that would be a contradiction in terms. Citizens cannot be asked to vote in referendums each time laws have to be passed, that would just be too slow. Transparency representative democracy is the online option – unfortunately in India there is little transparency in some areas of policy articulation and our representatives don't seem to be sufficiently interested in protecting the public interest.”

Where do we go from here?
So it is safe to say that even though the issue of censorship is not making headlines everyday, it will never will be behind us. “This is just a temporary lull in the storm. Governments are always keen to crack down on free speech and privacy online,” feels Abraham. According to him, projects such as Unique Identification (UID) and National Intelligence Grid (NATGRID) means the death of anonymity and pseudonymity for Internet and mobile users in the country.

On the other hand, Adv. Mali says that so long as the Intermediaries guidelines are part of the IT Act, it will only mean bad news for regular netizens. “Till the rules are effective, censorship and blocking would be a weapon in the hands of the Government, even though it may violate certain Fundamental Rights enshrined by Indian Constitution to Indian Citizens,” he said.

“Indian Internet users have to be very vigilant – if not, we will loose all our rights and freedoms one by one,” warns Abraham.

We can just hope that the issue does not get completely out of hand.

For more details visit http://editors.cis-india.org/news/www-thinkdigit-com-nimish-sawant-02-06-2012-respite-from-internet-censorship

Bangalore Force.com August Meetup

praskrishna — 2012-08-09T13:59:50Z

Following the India Salesforce Platform Developer Hands-On Workshop in July, Bangalore Force.com is organizing monthly meetups in Bangalore, starting in August. The first meeting will be held at the Centre for Internet & Society in Bangalore on Sunday, August 19, 2012 from 2.00 p.m. to 5.00 p.m. John Barnes will be speaking on the occasion.

John Barnes

John Barnes, CTO Model Metrics will be the first speaker for this meetup. John has been working with Force.com and Salesforce.com since 2005. He is a frequent speaker at global conferences on Cloud Computing and Mobility (Dreamforce, Adobe MAX, Interop, Cloud Connect, Enterprise 2.0). You can follow his blogs here.

John will give an overview of the Force.com platform, benefits of Force.com, Heroku, etc., and an overview of the Social Enterprise. Siddhesh Kabe, Sr. Developer, Salesforce.com, will follow up with demos and hands-on coding.

For more details visit http://editors.cis-india.org/openness/bangalore-force-com-cloud-apps-developer-meetup-event

July 2012 Bulletin

praskrishna — 2012-10-09T11:46:15Z

Welcome to the newsletter issue of July 2012 from the Centre for Internet & Society (CIS). The present issue features a constitutional analysis of the Information Technology (Intermediaries' Guidelines) Rules notified in April 2011, an analysis of the Indian Draft DNA Profiling Act and CIS statement on Exceptions and Limitations for Libraries and Archives made at WIPO.

Jobs

CIS is seeking applications from interested candidates for the following posts:

Research Manager: CIS is seeking an individual, full-time, for a period of 12 months, beginning from October 2012. The Research Manager is expected to contribute to conceptualising, managing and executing research projects in the field of Internet and Society, build knowledge networks of researchers towards collaborative and open knowledge production and dissemination, developing and executing the monitoring and evaluation processes for humanities and social sciences based research, supporting and managing academic, popular and hybrid publishing projects from existing and new research and initiate innovative and creative areas and methodologies of studying the Internet and its practices in India and the larger Global South, to develop key research clusters and networks. Send in your applications by September 5, 2012 to admin@cis-india.org.
Programme Director – Access to Knowledge: CIS is seeking a Programme Director for its New Delhi office. The Programme Director will manage CIS’s Access to Knowledge programme which is funded by the Wikimedia Foundation, to support the growth of Wikipedia and its sister projects and to advance access to free knowledge in India. The Programme Director will partner with the large Wikimedia community in India to focus on Indic and English languages and will manage a team of four staff members.
Programme Officer – Access to Knowledge and Openness: CIS is seeking an individual with a strong background in policy research and advocacy to be part of its Openness and Access to Knowledge programmes. The candidates must have knowledge of Indian and international law on copyright, demonstrable research skills, public-speaking skills, open to travel and work independently.
Programme Officer – Internet Governance: CIS is seeking an individual with a strong background in legal research and policy work to be part of its internet governance (IG) programme. The candidates must have good knowledge of Indian and international law on freedom of expression and privacy, demonstrable research skills, have strong communication skills and be media savvy with the ability to convey complex legal issues clearly to a general audience, open to travel and work independently.

To apply for the posts of Programme Director and Programme Officers, please send your resume to Sunil Abraham (sunil@cis-india.org) or Pranesh Prakash (pranesh@cis-india.org) with three references.

Internet Governance

The Internet Governance programme conducts research around the various social, technical, and political underpinnings of global and national Internet governance, and includes online privacy, freedom of speech, and Internet governance mechanisms and processes:

Featured Research

Constitutional Analysis of the Information Technology (Intermediaries' Guidelines) Rules, 2011 (by Ujwala Uppaluri): Ujwala Uppaluri provides a constitutional analysis of the Information Technology (Intermediaries' Guidelines) Rules notified in April 2011, and examines its compatibility with Articles 14, 19, 21 of the Constitution of India.
Overview and Concerns Regarding the Indian Draft DNA Profiling Act (by GeneWatch UK & the Council for Responsible Genetics, US): The 2007 DNA Profiling Bill pending before the Parliament attempts to create an ambitious centralized DNA bank that would store DNA records of virtually anyone who comes within any proximity to the criminal justice system. The Bill contains provisions limiting access to and use of information contained in the database, and provides for the deletion of a person’s DNA profile upon their acquittal.

Columns

Internet Censorship: Anonymous Can’t be Just Harmful Hackers (Nishant Shah, FirstPost, July 13, 2012): If there was ever an interesting time for people concerned with freedom of speech and expression to live in, it is now, and it is definitely in India. It has been a series of battles the last couple of years, where a slightly out-dated government machinery has been trying to control and contain the burgeoning online spaces, only to be put in their place by the new-age tech-ninjas that have risen as the new heroes in our digital times.
Open letter to Hillary Clinton on Internet Freedom (Sunil Abraham, Thinking Aloud, July 17, 2012): Sunil Abraham’s open letter to Hillary Clinton was based on a presentation made during a panel discussion at a Google sponsored conference titled Internet at Liberty 2012 in Washington DC on May 24, 2012. The present article published in Thinking Aloud is an updated version of the blog entry published by CIS earlier this year.

Event Report

Privacy Matters — Medical Privacy (Yashwantrao Chavan Academy of Development Administration, Pune, June 30, 2012): Privacy India in partnership with the Indian Network for People living with HIV/AIDS, CIS, IDRC, and Society in Action Group with support from London-based Privacy International, held a public discussion on "Medical Privacy". Elonnai Hickok introduced the draft book Privacy in India: A Policy Guide that Privacy India had been compiling. The participants discussed medical privacy in India, the legal aspects of medical privacy, Supreme Court views on medical negligence, confidentiality and privacy, best practices on medical privacy in various health settings, etc.

Ongoing Event

The Asian Edge: 2012 Inter-Asia Cultural Studies Society Summer School: The 2nd Biannual Inter Asia Cultural Studies (IACS) Summer School is being hosted in Bangalore, India by CIS and the Centre for the Study of Culture and Society. The IACS Summer School brings together South and East Asian experts from different disciplines as faculty for graduate and advanced research students to engage with key issues of larger social, cultural and political concerns in cultural studies in Asia.

Upcoming Event

Role of the US Tech Companies in Government Surveillance: A Lecture by Christopher Soghoian (Centre for Internet and Society, 194, 2-C Cross, Domlur Stage II, Bangalore (Near Domlur Club and the TERI Complex)): Your internet, phone and web application providers are all, for the most part, in bed with US and other foreign government agencies. They all routinely disclose their customers' communications and other private data to law enforcement and intelligence agencies. Worse, firms like Google and Microsoft specifically log data in order to assist the government — How? — Find out — Christopher Soghoian will give a lecture on the role companies play in assisting government surveillance.

Events Organised

Privacy Matters — Consumer Privacy (India International Centre, New Delhi, July 7, 2012): Privacy India, in partnership with the Centre for Internet & Society, International Development Research Centre, Society in Action Group and Privacy International, invite you to a public conference focused on discussing the challenges and concerns to consumer privacy in India.
The Fifth Elephant (NIMHANS Convention Centre, Bangalore, July 27 and 28, 2012): The event was organised by HasGeek and supported by CIS. The first day covered the technology track and talks from business and industry were held on the following day.

Events Participated

Speak Easy: Citizenship, Freedom of Expression and Online Governance (American Centre, Kasturba Gandhi Marg, Connaught Place, New Delhi, July 31, 2012): Chinmayi Arun, a Fellow at CIS spoke at this event organised by the YP Foundation, Youth Ki Awaaz, Change.Org and RTI Anonymous.
Asia Pacific Regional Internet Governance Forum 2012 (Aoyama Campus, Aoyama Gakuin University, Tokyo, July 20, 2012). Sunil Abraham was a speaker in the session on international public policy and internet governance issues pertaining to the internet. The event was organised by APrIGF.Asia.
Fifth Meeting of the two Sub-Groups on Privacy Issues under the Chairmanship of Justice AP Shah (New Delhi, July 22, 2012): Sunil Abraham participated in this meeting held under the Chairmanship of Justice A.P. Shah, former Chief Justice of Delhi High Court.
Fourth Meeting of the two Sub-Groups on Privacy Issues under the Chairmanship of Justice AP Shah (Committee Room No. 228, Yojana Bhawan, Planning Commission, New Delhi, July 9, 2012): Sunil Abraham participated in the fourth meeting on privacy issues under the Chairmanship of Justice A.P. Shah, former Chief Justice of Delhi High Court.

News & Media Coverage

A Net of Hatred (Samar Khurshid, Hindustan Times, July 14, 2012): “The problem is...that internet conversations become extreme. Liberals don’t get embroiled in heated arguments while fundamentalists, dedicated to extreme ideologies, tend to win out." Web censorship...is in vain as the net is too vast to control.”— Pranesh Prakash.
Post-website attack, cops hot on pursuit of Anonymous hackers (The Times of India, July 11, 2012): “Anonymous consists of a large bunch of activists who gained some credibility in India after they organised offline protests. But this operation doesn't serve any purpose and brings down their credibility as details of those who filed complaints have been revealed.” — Pranesh Prakash.
The kids are all on Facebook (Shikha Kumar, Daily News & Analysis, July 8, 2012): “Children’s interaction online should always be under parental supervision. Censorship and control is not the responsibility of the government, but of parents.” — Sunil Abraham.
Freedom debate takes a new course (Deepa Kurup, The Hindu, July 1, 2012): “Under Indian copyright law, ISPs cannot be liable for copyright infringement committed by their users. So while it is good that the court clarified that its order was limited in its scope, it is possible to read even this as going far beyond that which is allowed under the law.” — Pranesh Prakash.

Access to Knowledge

The Access to Knowledge programme addresses the harms caused to consumers, developing countries, human rights, and creativity/innovation from excessive regimes of copyright, patents, and other such monopolistic rights over knowledge:

WIPO

CIS participated at the 24^th session of the WIPO Standing Committee on Copyrights and Related Rights held in Geneva from July 16 to 25, 2012. The outcomes are listed below:

India's Opening Statement on the Treaty for the Visually Impaired at SCCR 24: The opening statement of the Indian delegation was delivered by G.R. Raghavender on July 19, 2012. The statement called upon all countries to conclude textual work on the treaty and call for a Diplomatic Conference to finalize it.
CIS's Statement on the Treaty for the Visually Impaired: Pranesh Prakash read out CIS statement on July 20, 2012.
CIS's Statement on the WIPO Broadcast Treaty: Pranesh Prakash read out CIS statement specifically on the Chair's Non Paper on the Protection of Broadcasters which was released on July 23, 2012.
CIS's Statement on Exceptions & Limitations for Libraries and Archives: Pranesh Prakash delivered the statement on the issue of exceptions and limitations for libraries and archives on July 25, 2012.
Transcripts of Discussions at WIPO: The proceedings were live streamed. Copies of the unedited transcripts are hosted for archival purposes.

International Press Coverage

U.S. support sought for treaty to allow blind people access to copyrighted works (Rama Lakshmi, Washington Post, July 24, 2012): “The vast majority of visually disabled people live in poor, developing countries where very little money is spent on converting books into accessible formats, while they are much more readily available elsewhere...The treaty would end the book famine that they currently face.” — Pranesh Prakash.
US and EU blocking treaty to give blind people access to books (Paige McClanahan, The Guardian, July 30, 2012): “We in developing countries have found our voice and we are not going to back down. When people are demanding their basic rights, no power in the world is strong enough to stop them getting what they want.”— Rahul Cherian.

National Press Coverage

EU stalls treaty talks to allow copyright waiver for print disabilities (The Hindu, Priscilla Jebaraj, July 25, 2012): “[The treaty] would allow organisations working for the blind to import and export accessible works without seeking the copyright holder's permission, since very little money is spent in developing countries on converting books into accessible formats, while they are much more readily available elsewhere.” — Pranesh Prakash.

Accessibility

India has an estimated 70 million disabled persons who are unable to read printed materials due to some form of physical, sensory, cognitive or other disability. The disabled need accessible content, devices and interfaces facilitated via copyright law and electronic accessibility policies:

Blog Entry

Accessibility of Government Websites in India — Test Results

Openness

The 'Openness' programme critically examines alternatives to existing regimes of intellectual property rights, and transparency and accountability. Under this programme, we study Open Government Data, Open Access to Scholarly Literature, Open Access to Law, Open Content, Open Standards, and Free/Libre/Open Source Software:

Blog Entries

Unpacking Openness: From Seemingly Transparent to Definitely Opaque: Nishant Shah was in Netherlands recently and as part of his trip had given a public lecture to an audience at Kennisland. One of the respondents wrote a small write-up of the talk. This was originally published on the Kennisland website on July 25, 2012.
2012 Conference on Trends in Knowledge Information Dynamics (by Rebecca Schild): The 2012 Conference on Trends in Knowledge Information Dynamics convened a panel on Open Access. There was consensus amongst the panelist that the “big question” facing the open access movement no longer remains "if" or "why" open access, but rather "how" open access. The panel proved instructive for shifting the discussion away from ideology towards concrete questions facing the open access agenda and its implementation.
Open Government Data (by Pranesh Prakash): Pranesh Prakash provides an analysis of the chapter that CIS published in this report with Transparency & Accountability Initiative.

Grant Award

Wikimedia Foundation awards grant to Centre for Internet and Society to expand Access to Knowledge in India: Wikimedia Foundation has approved a grant to the Centre for Internet and Society to expand their Access to Knowledge program in India. This information was published by Barry Newstead, Chief Global Development Officer on the Wikimedia Foundation website on August 1, 2012.

Digital Natives

Digital Natives with a Cause? examines the changing landscape of social change and political participation in light of the role that young people play through digital and Internet technologies, in emerging information societies. Consolidating knowledge from Asia, Africa and Latin America, it builds a global network of knowledge partners who critically engage with discourse on youth, technology and social change, and look at alternative practices and ideas in the Global South:

Book Review

Deconstructing Digital Natives: Young People, Technology and the New Literacies: Nishant Shah was invited to do a book review of a new anthology 'Deconstructing Digital Natives', edited by Michael Thomas. The review was published in Routledge's Journal of Children and Media on July 18, 2012.

Digital Natives Newsletter

Citizen Activism the Past Decade: The deadline for contribution to the Digital Natives newsletter expires on August 15. Nilofar Ansher gives a list of topics that contributors can explore in this blog entry.

Columns

Across Borders (Nishant Shah, Indian Express, July 5, 2012): “Digital Natives are not only a mobile-wielding generation, but also a mobile generation. They are fluid, not necessarily tied to the geographies of their origin, and often imagine themselves, as travelling across different networks and systems, like the information traffic on the internet. This dislocation of the fixity of where we are from and who we are is one of the most exciting results of the digital turn.”
Revisiting Techno-euphoria (Nishant Shah, DML Central, July 5, 2012): “The gadgets and tools we use are, actually, only material manifestations of the digital — which operates at the level of a paradigm or a context, through which we are slowly reshaping the material, social, and cultural notions of who we are and how we connect to the world around us.”

Event Participated

10th International ISTR Conference (Universita Degli Studi Di Siena, Italy, July 10 – 13, 2012): Nishant Shah was a panelist in the session, "Theoretical Grounding of Civic Driven Change". He gave a public lecture on Beyond Normative Citizenships: Exploring the ‘New’ in Digital Activism.

Telecom

While the potential for growth and returns exist for telecommunications in India, a range of issues need to be addressed. One aspect is more extensive rural coverage and the other is a countrywide access to broadband which is low. Both require effective and efficient use of networks and resources, including spectrum:

Building Knowledge and Capacity around Telecommunication Policy in India

Ford Foundation has given a grant of USD 200,000 to CIS to build expertise in the area of telecommunications in India. The following are the latest outputs:

Fixed Line Telephones (by Jürgen Kock): This module discusses the features and the various stages of the development of fixed line telephones, its early history, the basic principle of a fixed line telephone system, plain old telephone service, digital telephones, cordless phones to today's features of fixed line telephones.
Different Forms of Video Communication (by Tina Mani): In this module, Tina Mani takes us through some of the common forms of video communication such as video calling, video conferencing, telepresence and video sharing.
Broadband Policy, 2004 (by Snehashish Ghosh): In this module, Snehashish Ghosh tells us that the Policy was laid down by the Government of India in order to realize the potential of broadband services. It aimed at enhancing the quality of life by implementation of tele-education, tele-medicine, e-governance, entertainment, etc.
Cable Television Networks Regulation Act, 1955 (by Snehashish Ghosh): In this module, Snehashish examines the purpose of the legislation, the persons affected by it, the administrative bodies which come under the Act, the penalties (including the consequences in case of non-compliance), appeal process and the debates surrounding the legislation.
The Indian Wireless Telegraphy Act, 1933 (by Snehashish Ghosh): In this module, Snehashish Ghosh throws light on the main objective of the Act — that of regulating the possession of wireless telegraphy apparatus.

RTI Application

Use of DPI Technology by ISPs — Response by the Department of Telecommunications : Smiti Mujumdar on behalf of CIS filed requests under the Right to Information with the Department of Telecommunications, Telecom Regulatory Authority of India, BSNL and MTNL, asking a number of questions related to the use of Deep Packet Inspection (DPI) technology by Internet Service Providers (ISP) in India and corresponding regulations. A scanned version of the response from the Department of Telecommunications is hosted online.

Column in Business Standard

Decision Analysis for Interest Rates (Shyam Ponappa, Business Standard, July 5, 2012): The discipline of systematic evaluation through applying process-flow and decision analysis — in this example, of financial logic — can help make reasoned, practical decisions, whether for interest rates, or for resolving issues in power supply, or in telecommunications, spectrum and broadband.

About CIS

CIS was registered as a society in Bangalore in 2008. As an independent, non-profit research organisation, it runs different policy research programmes such as Accessibility, Access to Knowledge, Openness, Internet Governance, and Telecom. Over the last four years our policy research programmes have resulted in outputs such as the e-Accessibility Policy Handbook for Persons with Disabilities with ITU and G3ict, and Digital Alternatives with a Cause?, Thinkathon Position Papers and the Digital Natives with a Cause? Report with Hivos. With the Government of India we have done policy research for Ministry of Communications & Information Technology, Ministry of Human Resource Development, Ministry of Personnel, Public Grievances and Pensions, Ministry of Social Justice and Empowerment, etc., on WIPO Treaties, Copyright Bill, NIA Bill, etc.

CIS is an accredited NGO at WIPO and has given policy briefs to delegations from various countries, our Programme Manager, Nirmita Narasimhan won the National Award for Empowerment of Persons with Disabilities from the Government of India and also received the NIVH Excellence Award.

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CIS is grateful to its donors, Ford Foundation, Privacy International, UK, Hans Foundation and the Kusuma Trust which was founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin, for its core funding and support for most of its projects.

For more details visit http://editors.cis-india.org/about/newsletters/july-2012-bulletin

Post-website attack, cops hot on pursuit of Anonymous hackers

praskrishna — 2012-08-06T09:51:11Z

The cyber crime wing has formed special teams to nab the hackers who attacked and stole data from the Tamil Nadu police website.

The article was published in the Times of India on July 11, 2012. Pranesh Prakash is quoted.

"We have submitted a formal complaint to trace the hacker," said additional director general of police (ADGP-State Crime Records Bureau) Ashish Bhengra after a high-level meeting on Tuesday led by director general of Police K Ramanujam. The meeting discussed the precautionary steps to prevent similar incidents.

The hacktivist collective Anonymous said on Tuesday that they hacked the TN police's website to protest internet censorship by the government of India. On July 8, the group released a set of files containing complaints made by public to the TN police and action taken by officials. "This is less about TN police and more about a continuing protest," said members of the group in an internet relay chat to TOI. The group said apart from certain Internet service providers, the government continued to censor the internet.

"If our protest is not respected for the very real and constitutional questions it raises, then we throw more and more areas open where wrongdoing may be found," said a member.

The group's India wing posted links to the leaked documents under its Twitter handle 'opindia_revenge' on Sunday night. The files show a range of complaints filed by the public -- from fleecing of passengers by autorickshaw drivers, property disputes, grouses from police personnel and instances of missing mobile phones and people. The complaints have been filed from across Tamil Nadu, including Chennai, Coimbatore, Madurai, and even places such as Uttarakhand and Kuwait.

The group has redacted phone numbers and email ids in some cases but has left other data like name and address. The documents also have details of action taken by the police -- from forwarding the case to the respective police station to digging up information on accused persons.

Anonymous India, which has done a series of virtual sit-ins on government and corporate websites, has only a few high-profile hacking operations in India. In May, it hacked the servers of Reliance Communications, preventing users from accessing social media websites. The group also released a list of websites that were allegedly blocked by Reliance. The group started attacking official websites to protest what it called 'censorship' of the internet that snowballed after a Madras High Court 'John Doe' order to prevent movie piracy. Anonymous also organised a protest march on June 9 at various Indian cities.

However, the latest attack inconveniences public and damages the cause, said users. "Anonymous consists of a large bunch of activists who gained some credibility in India after they organised offline protests. But this operation doesn't serve any purpose and brings down their credibility as details of those who filed complaints have been revealed," said Pranesh Prakash, lawyer and programme manager at The Centre for Internet and Society, a Bangalore-based research organisation.

According to a member of Anonymous, people are afraid of thinks that they are not aware of. "Some were angry at us for leaking data from Reliance. But if criticism is justified, we will make sure it doesn't happen again," said the member.

For more details visit http://editors.cis-india.org/news/post-website-attack

US and EU blocking treaty to give blind people access to books

praskrishna — 2012-08-02T13:56:36Z

Copyright fears stall talks on books being translated into braille for blind and visually impaired people in the global south.

This article by Paige McClanahan was published in the Guardian on July 30, 2012. Rahul Cherian, a Fellow at CIS is quoted.

The US and the EU are blocking a treaty that would give the world's blind and visually impaired people – 90% of whom live in the developing world – easier access to published works in formats they can use.

A "treaty for blind people" has been under discussion at the World Intellectual Property Organisation (Wipo) since 2008, but negotiations have made little progress. In the latest round of talks in Geneva, which ended on Wednesday 25 July, negotiators deferred a decision on the issue once again, to the dismay of activists.

"This is not just a legal issue – for us, this is a moral issue. It's about human rights," said Teresa Hackett, programme manager at Electronic Information for Libraries, a non-profit group based in the Netherlands.

There are about 256 million visually impaired people in the developing world, according to an estimate by the World Health Organisation. In many rich countries, blind people have ready access to works that have been translated into braille and other accessible formats such as audio and large-print books, although, according to the EU, only 5% of books are accessible to blind people in wealthy states.

However, under existing copyright law, poorer countries can't access those translations without getting the express permission of the copyright holder. Few developing country governments have managed to do that, meaning that their blind and visually impaired populations are left with barely anything to read. The EU estimates that less than 1% of books are accessible to blind people in poorer countries.

"The Spanish organisation Once has well over 100,000 [translated] books that they would like to send to Latin American countries, but they can't simply because of this copyright barrier," said Dan Pescod of theRoyal National Institute of Blind People. Libraries in five Latin American countries – Colombia, Nicaragua, Mexico, Uruguay and Chile – have fewer than 9,000 accessible books between them, he said.

A treaty at WIPO could change that. A binding agreement would mean people in the global south could get immediate access to books that have already been translated into accessible formats in other countries. A treaty would also lead to enormous cost savings, as expensive translation has to be replicated in every country that wants to produce an accessible form of a given book.

The European parliament passed a resolution in February calling on the EU to support a binding treaty for the blind, but it does not appear to be having much impact. "The EU and the Americans are blocking the treaty – that's what's going on," said James Love, director of Knowledge Ecology International (KEI). "It's shameful what they're doing." He added that the administration of President Barack Obama has changed its position on the treaty over the past few years. In 2008 Obama's transition team were making positive noises, but since then the administration has become less enthusiastic.

Europe and the US are home to some of the world's biggest publishing companies, many of which don't like the idea of an international treaty that would restrict their intellectual property rights. Observers speculate that the Obama administration may be loth to upset the publishing industry, a major campaign supporter, this late in an election year. "What we can see in the [negotiating] room is that primarily it's the business interests that dominate," said Hackett.

Activists are hoping for a legally binding treaty, but US and European delegates have been pushing for a softer "instrument" that would offer only guidelines and recommendations.

"We really don't want to establish a precedent of developing a series of treaties that specifically focus on … limitations and exceptions to the rights of copyright owners," said Alan Adler of the Association of American Publishers, in an online interview with KEI. Discussions are due to begin again in November, after the US election.

Despite the setback, activists insist they will keep lobbying for a binding treaty. "We in developing countries have found our voice and we are not going to back down," said Rahul Cherian, of Inclusive Planet, an Indian nonprofit, in a statement to Wipo delegates last week. "When people are demanding their basic rights, no power in the world is strong enough to stop them getting what they want."

For more details visit http://editors.cis-india.org/news/us-and-eu-blocking-treaty

The Asian Edge: 2012 Inter-Asia Cultural Studies Society Summer School

praskrishna — 2012-08-02T13:23:14Z

The 2nd Biannual Inter Asia Cultural Studies (IACS) Summer School will be hosted in Bangalore, India by the Centre for the Study of Culture and Society (CSCS) and the Centre for Internet and Society (CIS) with the Inter Asia Cultural Studies Consortium. The event will be held in the first and second week of August 2012.

The IACS Summer School brings together South and East Asian experts from different disciplines as faculty for graduate and advanced research students to engage with key issues of larger social, cultural and political concerns in Cultural Studies in Asia. Any student registered in a post-graduate degree program is eligible for the IACS Summer School. There are limited seats and students will be selected based on their applications. Students registered at universities participating in the Consortium of Inter Asia Cultural Studies Institutions will be given first preference.

The Summer School 2012 proposes to integrate the teaching with core IACS faculty with the larger realities of change in South and East Asia. It proposes a 10 + 4 day structure.

Core Course: Methodologies for Cultural Studies in Asia: The Summer School offers a 10 day core course that works through seminars, taught classrooms, tutorials, open spaces, field trips and workshops. The core course shall address questions of Cultural Identity, Modernity, Nationalism, Gender, Class, Revolution and Asianism to frame an argument about relocating methods, concepts and ideas in contemporary Cultural Studies in Asia.

Day/Date	Time	Session	Instructors	Readings
Aug 02 (Thu)	09:30-10:00	Introduction to Course/Orientation
	10:00-1:00	Session 1: The Question of Knowledge	Instructors: Daniel PS Goh Nithin Manayath	The Epistemological Value of East Asian Perspective – Sun Ge Knowledge Production in the Era of Neo-Liberal Globalisation – Kuan-Hsing Chen Teaching versus Research? – Meaghan Morris
	3:00-5:00	Student Presentations	Choi, Ji Yeon Ajinkya Shenava Khetrimayum M Singh Vincent Chung Jaime Fang-Tze Hsu
Aug 03 (Fri)		Culture Industries workshop
		Workshop party
Aug 04 (Sat)	10:00-1:00	Session 2: The Question of Culture	Instructors: Asha Achuthan Ratheesh Radhakrishnan	Hind Swaraj – Chs IV, VI, XII, XIII – MK Gandhi Value Typology of Chinese Peasants and Its Transformation in Contemporary China – He Xuefeng An Elaborative Argumentation of a Nong-Country – Zhang Shi Zhao
	3:00-5:00	Student Presentations	Annisa Beta Ying-Tzu, Liu (Eva) Li, Yen-Chieh Sharib Aqleem Ali Li, Cho Kiu (Joseph)	Venue: 1 Shanti Road
	6:00-8:00	EVENING SALON	Tejaswini Niranjana and Kuan-Hsing Chen	Venue: 1 Shanti Road
Aug 05 (Sun)		HOLIDAY
Aug 06 (Mon)	10:00-1:00	Session 3: Nationalism and Modernity	Instructor: Milind Wakankar Student Presentations: Mai Thi Thu Baidurya Chakrabarti Zhang, Bing Musab Iqbal Meng Hsien Lu	On Nation – Zhang Tai Yan Nationalism in India – Rabindranath Tagore New Dominant Ideology and Changes of Urban Space in Today's Shanghai – Wang Xiaoming The Twilight of Certitudes: Secularism, Hindu Nationalism and Other Masks of Deculturation – Ashis Nandy A National Culture for Pakistan: the political economy of a debate – Saadia Toor
	3:00-5:00		Instructor: Madhuja M Student Presentations: Pan Yifan Zhang Zhihui Se Young Oh
		EVENING SALON	Stephen Chah and Ashish Rajadhyaksha	Venue: Centre for Internet and Society
Aug 07 (Tue)	10:00-1:00	Session 4: Culture and Economy	Instructors: Radhika P Raghu Tenkayala	In the Margin of the Capital: From ‘Tjerita Boedjang Bingoeng’ to ‘Si Doel anak sekolahan’ The Emergent Culture of Consumption – Chua Beng Huat ‘Bollywood’ 2004; When Was Bollywood – Ashish Rajadhyaksha Peasant Cultures of the 21st Century – Partha Chatterjee
	3:00-5:00	Student Presentations	Chan Ka Yi Kim Yoon Young Tanna Shilpa Shirishkumar Ruchi Jaggi Haesook Yong
Aug 08 (Wed)	10:00-1:00	Session 5: Gender and Culture	Instructors: Navaneetha Mokkil Nitya Vasudevan	Why Culture Matters – Tejaswini Niranjana Prostitutes Parasites and the house of state feminism – Naifei Ding Women and Freedom – Firdous Azim Letters to the Editor: The domestic violence act and conflict Spectralization of the Rural: Reinterpreting the labour mobility of rural young women in post-Mao China – Yan Hairong
	3:00-5:00	Student Presentations	Elmo I-Che Hsu Pang Ka Wei (Janet) Li-Fang Lai Kris Yu-Shiuan Chi Samia Vasa Shwetha D Ryu M-Rye Sabreena Ahmed
	6:00-8:00	EVENING SALON	Firdous Azim and Naifei Ding/Siddharth/Arvind in conversation	Venue: Alternative Law Forum
Aug 09 (Thurs)	10:00-1:00	FIELD TRIP	SURESH JAYARAM – Pettai Tour
Aug 10 (Fri)	10:00-1:00	Session 6: Understanding Popular Cultural Practice	Instructors: Namita Malhotra Nishant Shah	Hong Kong Action film in the Indian B Circuit – SV Srinivas Inter-Asia Comparative Framework: Postcolonial Film Historiography in Taiwan and South Korea Kim Soyoung Fan Bhakti and Subaltern Sovereignty – Madhava Prasad
	3:00-5:00	Student Presentations	Samhita Sunya Khatija Sana Khader Ayesha Maria Mualla Antoreep Sengupta
Aug 11 (Sat)		UNWORKSHOP DAY (Writing)	Evening: Final Party

Optional Courses: 2 Additional 4-days parallel Courses shall be offered to participants interested in specialised inquiries of their research practice.

Course A. The Digital Subject: Science, Technology and Society in Asia

Course Coordinator: Nishant Shah

Course Instructors: Nishant Shah, Lawrence Liang and Ashish Rajadhyaksha

Course B. Research Seminar on Technology, Culture & the Body

Course Coordinator: Nitya Vasudevan

Course Instructors: Tejaswini Niranjana, DING Naifei, Audrey Yue, Wing-Kwong Wong, Hsing-Wen Chang, Nitya Vasudevan

Nandy

A National Culture for Pakistan: the political economy of a debate – Saadia Toor

Nandy

A National Culture for Pakistan: the political economy of a debate – Saadia Toor

For more details visit http://editors.cis-india.org/internet-governance/iacs-summer-school-2012

Wikimedia Foundation awards grant to Centre for Internet and Society to expand Access to Knowledge in India

praskrishna — 2012-08-02T12:48:02Z

We are pleased to announce that the Wikimedia Foundation has approved a grant to the Centre for Internet and Society (CIS) in Bangalore to expand their Access to Knowledge program in India.

This information was posted by Barry Newstead, Chief Global Development Officer on the Wikimedia Foundation website on August 1, 2012.

The grant enables CIS, an established institution with valuable relationships and capabilities, to work with the Wikimedia community of volunteers in India to expand upon Wikimedia’s Indic language free knowledge projects, including Wikipedia in Indic languages. In addition, the grant aims to generate improvements in India-relevant free knowledge in Wikimedia’s English projects and wider distribution of Wikimedia’s free knowledge within India.

CIS is a leading research organization in India working on Internet policy and has undertaken policy research for the Ministry of Communications & Information Technology, Ministry of Human Resource Development, Ministry of Personnel, Public Grievances and Pensions, and Ministry of Social Justice and Empowerment. We are delighted that, in CIS, Wikimedia Foundation has not only found an independent, non-profit grantee but also an organisation that knows our community well and shares the same values as Wikimedia and the free and open source software community.

The grant will be for two years. The first year’s grant will be for a total of INR 11,000,000 ($200,000 USD) subject to final budget review. The second year will be for a similar amount plus inflation, subject to a budget review in May 2013. The CIS Access to Knowledge program team will be based in Delhi and will have five staff. CIS has indicated an interest in hiring Indian program consultants who have been advising the Wikimedia Foundation and will conduct a search for a program director.

CIS will build upon the existing projects in India. There are a number of positive initiatives including community growth partnerships in several Indic languages, support for a new Malayalam education program, a GLAM ( Galleries, Libraries, Archives, and Museums) partnership at the Crafts Museum – New Delhi, new Wikiclubs at the British Council, ongoing efforts to leverage social media, and a dramatic increase in blog coverage of the Indian community’s work. There are also exciting developments on mobile that will be announced soon.

The Wikimedia Foundation looks forward to collaborating with CIS as they move forward to expand their Access to Knowledge program to incorporate work on one of the world’s leading free knowledge resources.

(Read more about the grant on the FAQ page on Meta)

For more details visit http://editors.cis-india.org/news/wikimedia-foundation-awards-grant-to-cis

Technology Evangelists and Religious Evangelists — A Talk by Katherine Sydenham

praskrishna — 2012-09-04T10:44:34Z

Katherine Sydenham from the University of Michigan School of Information will deliver a lecture at the Centre for Internet & Society office in Bangalore on August 10, 2012, from 5.00 p.m. to 6.30 p.m.

Abstract

The current investigation explores the possibility of comparison of techniques used by technology evangelists and religious evangelists. The study sought informants from three major categories: proprietary software evangelists, proponents of Free and Open Source Software (FOSS), and religious evangelists of several religious traditions. A preliminary analysis of qualitative data indicates that there are enough similarities in strategies used by members from each group to make the inquiry relevant. Early data also reveal significant differences in each group´s strategy that may inform and shape future efforts on behalf of technology evangelists to reach a wider audience for their products.

Katherine Sydenham

Katherine is a doctoral student at the University of Michigan School of Information. Her research in the Information and Communication Technologies and Development (ICTD) field focuses on technology adoption by marginalized communities. Her background is in Religious Studies and Library and Information Science. Her summer internship at Microsoft Research is exploring the strategic similarities between technology evangelism and religious evangelism.

Click here to read more about Katherine

For more details visit http://editors.cis-india.org/openness/technology-evangelists-religious-evangelists

U.S. support sought for treaty to allow blind people access to copyrighted works

praskrishna — 2012-08-01T09:44:47Z

Advocates of visual disability groups from across the world urged the United States to get off the fence at the global copyright negotiations in Geneva this week and actively back a strong treaty that allows blind people access to copyrighted published works.

This article by Rama Lakshmi was published in the Washington Post on July 24, 2012. Pranesh Prakash is quoted.

The proposed treaty would make it obligatory for countries to allow copyrighted printed published works to be converted into an accessible format for people with visual and reading disabilities and shared around the world without seeking permission from the copyright holder.

The United States and European Union agree in principle to disability access but are not committed to a legally binding global treaty. Disability advocates at the ongoing negotiations of the United Nations agency, the World Intellectual Property Organization, say that if the U.S. backs their demand, the European Union will automatically fall in line.

“The American publishers industry, comprising of the publishing giants, does not want it to be a treaty and only want it to be a set of recommendations,” said James Love, director of the Washington-based nonprofit group Knowledge Ecology International that is part of the campaign in Geneva. “The U.S. has the biggest collection of accessible English language books. It all boils down to the American government’s will. Do you or do you not believe that the American libraries should cooperate with blind people in other parts of the world?”

But American publishers say they are opposed to a treaty that has the potential to set the stage for similar exceptions and limitations to the rights of copyright owners in other areas as well.

“We are not against allowing an exception for people with print disabilities, but our concern is that a treaty will establish a precedent that they will then apply in the other areas like educational uses, library and archives,” said Allan Adler, vice president of legal and government affairs at the Association of American Publishers in a telephone interview. “Generally, international treaties establish the minimal rights of the copyright owners first, and not the limitations and exceptions to those rights.”

Adler’s view was echoed in what a U.S. delegate, Justin Hughes, told negotiators in Geneva on Thursday: “We do not accept any form of linkage between the effort on behalf of the world’s print disabled people and any other project. To us, such a linkage between the print disabilities effort and an effort for business affairs would be unprincipled, it would be unethical, and the United States will not have any part of it.”

The U.S. government also is advocating a softer, nonbinding alternative to a legally binding treaty, delegates in Geneva say.

But many disability rights groups say mere recommendations place no obligations and would be toothless.

Disability advocates say that the needs of visually impaired people are being neglected in this battle over what legal shape the agreement ultimately takes.

“The lack of access to information and knowledge is central to the debate about exclusion of visually impaired people,” said George Abraham of Score Foundation, a New Delhi-based group that supports the campaign to produce a treaty.

Time is running out, advocates of the treaty say. The negotiations began as early as 1981 but have now reached a conclusive stage that could result in a treaty by next year. The Geneva discussions end Wednesday, and lack of consensus this week would put off the negotiations to 2014. By then, most negotiators would have moved on, treaty supporters say.

This urgency has driven developing nations like India to take a strong stand. While the exact number is uncertain, experts agree that India has a high proportion of the world’s blind population, with estimates ranging from one-quarter to one-half. G.R. Raghavender, who represents the Indian government at the negotiations, said the Indian delegation “will not return empty-handed.”

Earlier this year, India passed key amendments to its domestic copyrights law to permit people with visual disabilities to freely convert text material into an accessible format. But only a global treaty can allow visually disabled Indians to import and use accessible books without taking permission from the copyright-holder.

“The vast majority of visually disabled people live in poor, developing countries where very little money is spent on converting books into accessible formats, while they are much more readily available elsewhere,” said Pranesh Prakash, a lawyer at the Center for Internet and Society. “The treaty would end the book famine that they currently face.”

For more details visit http://editors.cis-india.org/news/us-support-sought-for-treaty-to-allow-blind-people-access-to-copyrighted

Speak Easy: Citizenship, Freedom of Expression and Online Governance

praskrishna — 2012-08-01T04:56:36Z

The event organised by the YP Foundation, Youth Ki Awaaz, Change.Org and RTI Anonymous was held at the American Centre in Kasturba Gandhi Marg, Connaught Place, New Delhi on July 31, 2012. Chinmayi Arun, a Fellow at the Centre for Internet & Society

The event focused on exploring the freedom of expression vis-a-vis its impact on accessibility and connectivity across multiple youth movements focused on gender, speciality, education, governance and arts.

There were group discussions with Venkatesh Nayak (Commonwealth Human Rights Initiative), Anja Kovacs (Internet Democracy Project), Chinmayi Arun (Centre for Internet & Society) among others.

Agenda

2.00 2.30	Registrations open for workshops!
2.30 2.45	Getting started – ‘Why Speak Easy?’
2.45 4.30	Speak Easy \| Learn: Workshops on advocating online, citizenship journalism, filing the Right to Information (RTI) application, and participating in online legislation with Youth Ki Awaaz, Change.Org, Get Up 4 Change, The YP Foundation and PRS Legislative.
4.30 6.00	Speak Easy \| Converge: Exploring the Freedom of Expression vis-à-vis its impact on accessibility and connectivity across multiple youth movements focused on gender, sexuality, education, governance and arts. Group Discussions with Venkatesh Nayak (Commonwealth Human Rights Initiative), Anja Kovacs (Founder, Internet Democracy Project), Chinmayi Arun (Centre for Internet and Society) and many others.
6.00 7.00	Speak Easy \| Demand: How can young people dialogue with decision makers?

Venue Partner: The American Center
Read the original published in the YP Foundation here

For more details visit http://editors.cis-india.org/news/speak-easy

WIPO SCCR 24 Pre-lunch Text (July 25, 2012)

praskrishna — 2012-07-31T12:26:41Z

This is an unedited rough transcript of the discussions at SCCR 24, which was live-streamed and made available by WIPO.

For more details visit http://editors.cis-india.org/a2k/2012-07-25_sccr24_pre-lunch.txt

WIPO SCCR 24 Post-lunch Text (July 25, 2012)

praskrishna — 2012-07-31T12:34:00Z

This is an unedited rough transcript of the discussions at SCCR 24, which was live-streamed and made available by WIPO.

For more details visit http://editors.cis-india.org/a2k/2012-07-25_sccr24_post-lunch.txt

WIPO SCCR 24 Post-lunch Text (July 24, 2012)

praskrishna — 2012-07-31T12:13:25Z

This is an unedited rough transcript of the discussions at SCCR 24, which was live-streamed and made available by WIPO.

For more details visit http://editors.cis-india.org/a2k/2012-07-24_sccr24_post-lunch.txt

Consumer Privacy Agenda

praskrishna — 2012-07-31T10:54:13Z

The agenda of the consumer privacy event organised in Delhi

For more details visit http://editors.cis-india.org/internet-governance/consumer-privacy-event