Centre for Internet and Society

Plan for open access to science research

praskrishna — 2014-07-25T07:07:15Z

The policy is open to comments from the public till July 25.

The article by Renuka Phadnis was published in the Hindu on July 22, 2014. T. Vishnu Vardhan gave his inputs.

Ever felt frustrated while reading a science research journal online, only to see the message “to continue reading, subscribe now”? That may soon change.

The Department of Science and Technology and the Department of Biotechnology (DBt) under the Ministry of Science and Technology have drafted a policy that says publicly-funded scientific work published in science journals must adhere to open access (OA) norms, enabling anyone to read online content on science research for free.

OA is an initiative of Open Archives Initiative (OAI), an organisation which works for greater reach and free access to online science research funded by public money.

T. Vishnu Vardhan, Programme Director, Access to Knowledge, Centre for Internet and Society, Bangalore, which assisted DST in drawing up the draft policy, said that in the absence of OA norms, commercial publishers were making money with content generated by scientists who used public funds for research.

However, those sceptical of the DST initiative are asking whether availability on the Net is equivalent to “public domain”. Concerns have also been raised about the quality of content provided through OA, as honing raw research material into scholarly journals requires rigour that commands a cost. Ramakrishna Ramaswamy, Fellow of the Indian Academy of Sciences, Hyderabad, said it was much more important to make reliable information available to the public, at a reasonable charge, because “the price of keeping it free has a cost”. The draft of the DBT-DST Open Access Policy is open to comments from the public till July 25.

For more details visit http://editors.cis-india.org/news/the-hindu-july-22-2014-renuka-phadnis-plan-for-open-access-to-science-research

Plagiarism is rampant in Indian food writing – but finally, bloggers have a way to fight it

praskrishna — 2017-07-06T15:53:46Z

“We have been cheated,” declared the headline of the blog post making the rounds of social media on April 25.

The blogpost by Chanpreet Khurana was published by Scroll.in on July 4, 2017. Sunil Abraham was quoted.

The post, written by Rajkumar Saxena, former head of Mumbai’s Institute of Hotel Management, alleged that passages from his 1997 book on Awadhi cuisine, Dastarkhwan-e-Awadh, had been plagiarised by Sunil Soni, a veteran chef, in his new book titled Jashn-e-Oudh: Romance of the Cuisine.

The blog’s text, like the headline, dripped with hurt and contempt: “Here is a case of… a learned, literate person who has no qualms about unhesitatingly lifting word-by-word the explanations, recipes etc. from [a] book authored by us and claiming it to be his original work…” Images from the two books were embedded to support the allegation. “We need to name and shame such so-called experts through social media. We seek your support…”

The support came almost immediately.

Celebrity chef Ranveer Brar, who had written the foreword for Soni’s book, announced on Facebook that he wanted the author to remove it. Outrage also erupted on the wall of Food Bloggers’ Hall of Shame, a closed Facebook group of 421 members dedicated to fighting plagiarism in food writing and photography in India. “How can people even think that they can get away with such a shameless act of plagiarising?” wrote Anushruti RK.

It was an organic reaction. By blogging about his grievance, Saxena had tapped into the one space that Indian food writers are increasingly using today to redress the alleged plagiarism in food writing – social media.

“As a community, we are now discovering an average of one or two plagiarist websites/aggregators every week,” said Rhea Mitra-Dalal, the administrator of the Food Bloggers’ Hall of Shame, which shares dos and don’ts with members to protect their work. “We’ve had several run-ins with celebrity chefs, big food brands, restaurants, and food businesses, especially on their social media pages, where we have found plagiarised images. Public outcry on those pages has usually worked and we have got the plagiarised content down, but these are episodic and the basic mind-set hasn’t changed: it is fine to plagiarise, just apologise and take it down when caught.”

Cease and desist

Saxena’s blog post was a last resort. He says he had first noticed the alleged plagiarism – “42 recipes, 24 explanatory notes and 12 chapter notes,” according to him – in Jashn-e-Oudh in January, and had informed his publisher HarperCollins India. HarperCollins responded by sending a cease-and-desist notice to Soni, copying his publisher Shubhi Publications, and set three demands: remove the offending material from Jashn-e-Oudh, acknowledge the copyright of the authors of Dastarkhwan-e-Awadh, and pay Rs 5 lakh.

Soni and Sanjay Arya of Shubhi Publications claim they never received this notice.

On April 10, Saxena says he got an email from HarperCollins telling him it will not be pursuing the matter further because “currently HCI has put on hold all litigations due to some business-related issues”. “The copyright is definitely in your favour,” declared the email. “You are free to litigate this matter and file a suit for injunction. As far as shaming the authors/publisher on social media is concerned, as a publisher, we cannot opine on that. It is your personal decision...”

So, a fortnight later, Saxena did just that: he took his complaint to the internet.

Around the same time, he and his co-author Sangeeta Bhatnagar sent a legal notice, through their lawyer, to Soni to cease and desist from further publication and distribution of Jashn-e-Oudh, and demanded Rs 15 lakh in compensation.

This time, they got a seven-page response from Soni’s lawyer.

While denying the accusation of plagiarism, the response from Soni’s lawyer said, “Your clients are liable to show their copyright in the alleged infringed work of our client as no copyright can be claimed in the traditional recipes and their preparation as same will be similar across the globe to get the same taste.” It added that no copyright can be claimed on the subject of Awadhi recipes since it is “a common topic and known and available to the general public at large. All the recipes mentioned in the alleged publication are known in the market”.

Soni also denied the allegation when contacted for comment by Scroll.in.

Looking West

The reply from Soni’s lawyer makes some sound legal points, all of which, according to food bloggers, are reasons why food plagiarism is so hard to prove: a recipe that is a list of ingredients cannot be copyrighted. Nor can a traditional cooking method be seen as the property of any author. Reproducing these, therefore, is not plagiarism.

However, substantial literary and artistic expressions are copyrightable, according to the US Copyright Office, and reproducing these is unlawful. Another suspect action is when a chef’s work is tweaked by changing just one or two ingredients. In 2012, the Food Network in the US cancelled chef Anne Thornton’s TV show Dessert First, because some of her recipes were only mildly different from those created by superchefs like Martha Stewart.

Bloggers like Mitra Dalal lean on these definitions to call their content original. “Most of us have unique styles of writing, and we often include anecdotes and other content to our posts,” she said. “So copy-pastes can often be quite correctly identified.”

Another useful metric, according to Mitra Dalal, are rules set in more mature markets where bloggers have already fought, and won, battles.

“There are international guidelines for this,” she explained. “Loosely put, if every third word is different, the text cannot be deemed plagiarised. Also, you cannot say that an ingredient list is plagiarised.”

Small wins

Mitra Dalal and other food bloggers often fight their battles outside the court of law, which is good and bad. On the plus side, it’s faster and easier for them to control the context – but on the minus side, the wins are relatively small.

In July last year, for instance, 20 food bloggers alleged that the recipe aggregating app The Frying Pan had plagiarised their work. They lawyered up, and got ready for a legal battle.

“The Frying Pan had published our recipes and photographs without proper attribution, and without our consent,” said Deeba Rajpal, one of the 20 complainants. “We were advised that if we sought compensation, it would be a long haul. So, we only asked The Frying Pan to take our content down and never to use our work again without permission.”

The case didn’t go to court. The lawyers met and reached an agreement, according to Rajpal. “The app took our content down. The case never had a proper conclusion – it fizzled out.”

Except on social media, where the Food Bloggers’ Hall of Shame kept the pressure up, slamming The Frying Pan – hard.

Can Google help?

Proving plagiarism in food writing is difficult at any rate, but there are factors that complicate the matter in India, according to Sunil Abraham of The Centre for Internet and Society.

The copyright law here, he says, has inbuilt exceptions and limitations that protect the rights of stakeholders, including entrepreneurs, content creators, consumers, the public who may not pay for the content, and the government.

Many times, copyright holders in India have conceded or withdrawn legal cases because of limitations to the copyright law or the doctrine of fair use, which states that “brief excerpts of copyright material may, under certain circumstances, be quoted verbatim”. Just in February, a handful of publishers took back a lawsuit against a photocopier shop in Delhi University that had been selling study packs with materials reproduced from the publishers’ books.

Abraham said that often there is an economic incentive for plagiarising – take that away, and you fix half the problem.

For bloggers, a major source of income is Google AdSense, a popular program that allows website publishers to display ads on their pages and “earn money when visitors view or click the ads”. The problem is: if the advertiser cares only about page views and not the origin of the content, there is no incentive against plagiarism.

For checking online copyright infringement, Abraham says, the onus should be on multinationals like Google, which host a large number of blogs and web versions of media articles. “Google is constantly indexing the internet,” he said in a phone interview from Bengaluru, so Google knows when a write-up or a photo has been published before.

To be fair, according to the Digital Millennium Copyright Act, Google does entertain requests to remove online posts where a complainant can show copyright infringement. It’s a recourse that Mitra Dalal and some members of her Facebook group have found useful. But Abraham says this is less effective than if Google created hurdles to publishing content it deems plagiarised.

Need for reforms

Where does all this leave Saxena? It’s hard to tell.

Social media has generated awareness about his case, and Saxena has filed a complaint with the Delhi Police under Section 63 of the Indian Copyright Act. He plans to follow it up with a legal case. One thing that has certainly resulted from the episode is the food writing community’s intensified demand for clarity in laws to protect intellectual property.

As Saee Koranne-Khandekar, who blogs at myjhola.in, wrote on Food Bloggers’ Hall of Shame: “What’s amazing is that the original work [by Saxena and Bhatnagar] has gone through three successful editions, is published by a major player, and is written by two prominent names in the industry. One would think theft of content would occur in the case of less lesser known works, but this is pure guts! I hope at least this incident marks the immediate need for reform in our laws.”

For more details visit http://editors.cis-india.org/a2k/news/scroll-july-4-2017-chanpreet-khurana-plagiarism-is-rampant-in-indian-food-writing-but-finally-bloggers-have-a-way-to-fight-it

Placements at NUJS: Class of 2017 Scores 100%

praskrishna — 2017-06-12T01:23:07Z

The Campus Recruitment Committee of the Class of 2017, NUJS is proud to confirm that NUJS has once again topped the placement tally among the premier national law schools, in terms of number of jobs, for the year 2016-17 with the graduating class having secured offers for all its 78 members who partook in the recruitment process.

The blog post by Simran Sahni was published in Livelaw on June 10, 2017.

The number of students hired by the domestic law firms on Day Zero with a tally totaling 57, inclusive of the 24 accepted pre-placement offers (PPOs).

The ‘Big 7’ firms contributed to 53 of these jobs and ICICI Bank recruited 4. New recruiters including Indus Partners and Singh & Associates hired from campus this year, picking three students each. Three students bagged offers from international law firms: Herbert Smith Freehills, Linklaters, and Allen & Overy respectively.

The salaries remain the same as last year with the average foreign firm package ranging from INR 38 lakhs to 44 lakhs for traineeships and the average domestic firm packages ranging from INR 8 lakhs to 18 lakhs. The firm with the highest domestic package was AZB and Partners, Mumbai.

Additionally, more than six students this year have decided to pursue higher education. Students have received admission offers in LLM from Harvard Law School, Cambridge Faculty of Law, NYU Faculty of Law, London School of Economics and Graduate Institute Geneva respectively. Charting new courses, while one student opting for a master’s in management has been offered admission at the renowned London Business School, another joined as a policy officer at the Centre for Internet and Society in Bangalore. Interestingly, even the topper of the class opted out of placements this year and set a new record by being the third in the line of scholars from NUJS to secure the prestigious Rhodes scholarship to Oxford University. Similarly, students have also decided to take up the meritorious one year Young India Fellowship program at Ashoka University.

With the current placement figures, NUJS beats all market trends to secure the highest number of job offers among premier law schools. The Class of 2017 also marginally trumps the record of the Class of 2016 in terms of total number of ‘Big 7’ jobs, even with a large chunk of the batch opting out of campus recruitment and pursing litigation, higher education, civil and judicial services and roles in think tanks and other non-profit organization's - the results of which shall be released by us as and when they come.

This entire feat would not have been possible without the support of the respected Vice Chancellor, Prof. P. Ishwara Bhat, CRC team and faculty advisor Ms. Vaneeta Patnaik, and all the faculty members at NUJS.

NUJS has built an exceedingly steady placement record for itself over the years. The placement figures for the Class of 2017 of NUJS are now live on the website here.

For more details visit http://editors.cis-india.org/internet-governance/news/livelaw-june-10-2017-simran-sahni-placements-at-nujs

Placeholder

praskrishna — 2012-08-06T15:35:51Z

Placeholder

For more details visit http://editors.cis-india.org/home-images/Pic1.jpg

Place for a safety net

praskrishna — 2016-07-13T02:45:56Z

Vinupriya took her life last week, humiliated by the morphed images of her naked body posted on a social media site. Experts warn that the spike in Internet traffic brings with it an increase in online sexual crimes. Measures must be taken urgently to save lives, they tell T.V. Jayan.

The article was published in the Telegraph on July 10, 2016.

Sangeeta (not her name) was 25 and working for a private company in Mumbai when she suddenly told her family that she was going to quit her job and stay at home. Her parents were flummoxed, but questioning and coaxing yielded no answers. As the days rolled on, the management graduate slipped into depression. Her worried family took her to a counsellor. And it was only then that she came out with her story.

Soon after she joined the company, Sangeeta got romantically involved with her boss. By the time she learnt he was married, the involvement had taken a physical turn. And when she tried to put an end to it, the man, who had recorded their intimate moments, used the video clips to blackmail her for sexual favours. After Sangeeta's confession and a police complaint, the blackmailing boss was nabbed and put behind bars.

Vinupriya, an undergraduate student from Salem, Tamil Nadu, was not so lucky. She found that her morphed images had been uploaded on Facebook. She committed suicide last week after her parents refused to believe her story, and the police failed to act swiftly.

Cyber experts are alarmed by the increase in online crimes against women in India. According to them, what is more worrying is that though the risks are catastrophic, the issues are not being addressed at a larger level.

"Vinupriya's case is particularly frightening. I suspect this would be the first of many such tragedies. They might even result in honour killings, as such crimes can destroy the reputation of families," says American cyber lawyer Parry Aftab, executive director of the voluntary organisation, Wired Safety, which she founded 20 years ago, and which deals extensively with cyber stalking and other crimes.

Earlier this week, a man was arrested in Delhi for sending obscene messages to more than 1,500 women in the National Capital Region. According to the police, the miscreant would randomly dial any number and if the caller turned out to be a woman, he would save the number and later check out her WhatsApp profile picture. He would then send obscene clips to the woman. One news report said some of the marriages were in trouble because husbands had seen the messages and suspected that their wives were in a relationship with the man sending those explicit messages.

Aftab has been studying the dangers of online stalking for a while. There are no figures on this in India, but a top United Nations official, stationed in New Delhi and dealing with trafficking, told her that about 500 rape and sexual assault cases were recorded and shared over WhatsApp in India this year.

She referred to a study conducted in the US that said one in three girls and boys engaged in sexting. Children involved in sexting contemplated suicide three times more than others of the same age, she said.

According to her, Wired Safety volunteers come across five cases of sextortion and sexting every day from Asian countries, including India, and act upon them by red-flagging social media organisations where such images are posted.

Pavan Duggal, a cyber lawyer based in Delhi, feels that social media service providers are not doing enough to stop online sexual abuse. "They are hiding behind a 2015 Supreme Court judgment, which said content can be removed only on judicial orders or in response to government notifications," he says.

The verdict he refers to was delivered in a case filed by a student called Shreya Singhal. In 2012, two girls were arrested over their Facebook post questioning the Mumbai shutdown for Shiv Sena patriarch Bal Thackeray's funeral. The incident made an impression on Singhal, a student of astrophysics at the University of Bristol, who was in India at the time.

Upon research she discovered that Section 66(A) of India's IT Act was subjective and any seemingly offensive social media post could land anyone in jail. Singhal filed a writ petition in the Supreme Court protesting that the section violated the constitutional right to freedom of speech and expression, and in 2015, the apex court ruled in her favour.

This judgment, however, emboldened cyber miscreants. "All the cyber bullies and cyber stalkers now have a misplaced feeling that nothing can happen to them," says Duggal. He points out that while the delivery of justice takes time, the harassment happens 24x7.

"Who do the victims turn to for help? There are provisions in the 2011 IT rules that clearly say that social medial service providers should have rules and regulations in place to deal with objectionable content, but they do not act," he holds.

Aftab, however, believes that some efforts are in place. She cites the example of Microsoft's PhotoDNA technology, which is used by many social media and online search firms, including Facebook, Google and Twitter, to prevent child pornography on the Internet. PhotoDNA works by creating a number of mini hashes on a single image and combining them to have a full hash. If anything is changed, even a pixel, then the hash signature will not match.

But she holds that on a larger scale, it is difficult to technologically deal with revenge porn, sextortion (using a sexual or provocative image to blackmail people for sexual favours) and sexting (sharing sexually provocative images of people, especially women) with the intention of damaging reputation.

Sunil Abraham, executive director of the Bangalore-based Centre for Internet and Society, hints at a lack of initiative on the part of the social media organisations. "When it comes to enforcing intellectual property, organisations like Facebook do an excellent job of keeping their platform free of copyright infringement," he says. "So, clearly these companies can police activities on their platform when it affects their bottom-line."

And while this debate continues, more and more Indians join the online experience, thereby increasing the chances of more such cases. Aftab, who plans to set up a voluntary organisation relating to cyber safety in India, says it is best to focus on proactive measures in the interim.

Last month, she addressed 1,200 teenage girls from a Bangalore college. "One of the first questions posed to me was from a young girl who said she was currently being blackmailed by someone who threatened to morph her pictures into sexually explicit images and send them to her family and others. Morphed image issue seems to be a lot more serious in India than in the West."

The problem, she stresses, is that such incidents can lead to self-harm. To counter this, the affected person needs to inform his or her family and enlist their support. Together, they should approach social media organisations to ensure that the objectionable content is removed in time. To prevent the offenders from doing further harm, they then need to take the help of law enforcement agencies.

"The government for its part must amplify the voices of women and hold these Internet corporations accountable for an information escrow. There should be an independent mechanism to monitor whether Internet platforms are taking complaints from women seriously," Abraham says. Only then can a young girl like Vinupriya pluck up the courage to fight online abuse.

For more details visit http://editors.cis-india.org/internet-governance/news/the-telegraph-july-10-2016-place-for-a-safety-net

Pitroda seeks to put govt information in public domain

praskrishna — 2012-09-27T05:13:05Z

In the first-ever Indian government press conference on Twitter, Sam Pitroda, adviser to Prime Minister Manmohan Singh on public information infrastructure and innovations, championed the cause of putting government information in the public domain to usher in openness and empowerment.

Surabhi Agarwal's article was published in LiveMint on September 25, 2012. Sunil Abraham is quoted.

“In India, we have the Right to Information (Act) but the information is locked up in files,” he said in a video that was uploaded on YouTube before the conference started. Pitroda said the government has various plans to build robust information infrastructure on a scale that has never been done before.

“I firmly believe that information is the fourth pillar of democracy along with (the) legislature, executive and judiciary,” he tweeted as opening remarks during the press conference titled “Democratization of information”.

	Even though Pitroda largely reiterated the government’s already announced plans in the space of digitization, the move to hold a press conference over Twitter has been largely construed as as a sign that the administration, criticised for attempting to rein in social media, is trying to come to terms with it. Sunil Abraham, executive director of Bangalore-based research organization Centre for Internet and Society, said too much shouldn’t be read into Pitroda holding a press conference on Twitter. One government bureaucrat available on Twitter for a fixed period doesn’t make up for the non-existence of the government on social media, he said. “They (government) should be available all the time.”

Even though Pitroda largely reiterated the government’s already announced plans in the space of digitization, the move to hold a press conference over Twitter has been largely construed as as a sign that the administration, criticised for attempting to rein in social media, is trying to come to terms with it.

Sunil Abraham, executive director of Bangalore-based research organization Centre for Internet and Society, said too much shouldn’t be read into Pitroda holding a press conference on Twitter. One government bureaucrat available on Twitter for a fixed period doesn’t make up for the non-existence of the government on social media, he said. “They (government) should be available all the time.”

The department of electronics and information technology recently issued guidelines for government agencies on improved engagement with citizens through social media. Tuesday’s press conference may spark a trend of more such engagements on social media platforms by government agencies.

Pitroda said that the public information infrastructure (PII) will include a national knowledge network that will connect 1,500 nodes for universities, colleges, research labs and libraries along with connecting 250,000 panchayats in the country through fibre optics. The information network will be operational in the next two year, Pitroda said in the YouTube video.

The government’s open data platform (http://www.data.gov.in), the beta site for which was launched some time ago, will provide access to government data and documents, he said.

Even though the government’s battles with the Internet continue over issues of regulation, which have often been construed as censorship, an increasing number of political leaders and agencies have been using the route to get their message across.

Gujarat chief minister Narendra Modi has sought to engage with people through video chat on Google+ Hangout. West Bengal chief minister and Trinamool Congress (TMC) chief Mamata Banerjee has been using Facebook to make public her views on recent economic and political developments.

The Prime Minister’s Office (PMO) has also been communicating over Twitter in the recent past. The authorities have sought to block accounts that style themselves as belonging to the Prime Minister. Account holders have said that some of these are satirical in nature.

For more details visit http://editors.cis-india.org/news/www-livemint-september-25-2012-surabhi-agarwal-pitroda-seeks-to-put-govt-information-in-public-domain

Pitampura Tower

praskrishna — 2014-02-24T15:55:56Z

Pitampura Tower

For more details visit http://editors.cis-india.org/home-images/PitampuraTower.png

Piracy, Privacy and the Wiki Way of Web

praskrishna — 2012-02-09T07:39:16Z

Digital Natives Newsletter, issue 9, volume 2.

For more details visit http://editors.cis-india.org/digital-natives/piracy-privacy-issue-9.pdf

Piracy, Privacy

praskrishna — 2012-02-09T07:10:51Z

For more details visit http://editors.cis-india.org/home-images/PiracyPrivacy.jpg

Piracy Studies in India

praskrishna — 2011-08-04T04:35:42Z

The word ‘piracy’ assumes negative connotations. In the imagination of an ordinary middle class urban Indian it is linked directly to the informal economy, crime and even terrorism. But the ‘pirated good’, that is, the ‘optical disc’ is not seen with a similar perception. The ‘CD’ is the access key to the cultural wealth of music, cinema and software contained inside. This paradox is created in the sphere of information and knowledge that is created by anti-piracy agencies using extensive reports and statistics that are published every year. These statistics often have a tendency to create a feeling of ‘shock and awe’ for the readers that see these numbers splashed across headlines of news and media reports. Till 2004, the creation of numbers conjuring losses up to millions was mostly the domain of the International Intellectual Property Alliance (IIPA), which is now supplemented by reports commissioned to consultancy groups like McKinsey, PWC, and Ernst & Young. This article by Siddharth Chadha traces a few reports that have come to become popular benchmarks of piracy in the past few years.

Special ‘301’ Reports

The ‘Special 301 Reports’ are published annually by the office of the United States Trade Representative (USTR) to examine ‘in detail the adequacy and effectiveness of intellectual property rights protection’ in countries around the globe. Sections 301-310 of the Trade Act of 1974, as amended by the Omnibus Trade and Competitiveness Act of 1988, empower the USTR ‘to identify foreign countries that deny adequate and effective protection of intellectual property rights or fair and equitable market access for U.S. persons that rely on intellectual property protection.’

India has faced considerable pressure to amend and enforce its copyright laws, more to the needs of the United States rather than reflecting the needs of its population, businesses and innovation. The 301 reports over the last decade have been largely concerned with the general problems of counterfeit and piracy in India, unlike China where specific laws adopted and enforced by the state have been critiqued. Over the course of the decade, according to the reports, the United States has been concerned with a large number of subjects including the backlog and inadequacy of India’s legal system, lack of enforcement of IP protections for media oriented products like ‘motion pictures, music, software, books and video games’, need for stronger protection of copyrights, trademarks and patents, optical media and procedural inadequacies. In 2004 the USTR reported, ‘copyright piracy is rampant, and the U.S. copyright industry estimates that lost sales resulting from piracy in India of U.S. motion pictures, sound recordings, musical compositions, computer programmes, and books totaled approximately $500 million in 2004.’

The United States articulates the reasons for concern in India – the challenge posed by Indian pirated and counterfeit goods entering American markets. It expresses its concern for lack of piracy enforcement as ‘‘growing concern for U.S. copyright industries, especially given the pirated imports are entering the market from Southeast Asia.

Over the past few years, it has also included suggestions of taking criminal action against those engaging in copyright infringement. India’s supposed ‘weak’ criminal system is mentioned in the 2008 reports, focused specifically on the need for a greater police presence enforcing IPR infringements through criminal means and ‘stronger’ border control.

The Effects of Counterfeiting and Piracy on India’s Entertainment Industry

Published in March 2009 by United States-India Business Council (USIBC) and prepared by Ernst and Young India, claims that as much as Rs.16, 000 crores are lost due to piracy. Alongside, as many as 80,000 jobs are lost directly as a result of theft and piracy, afflicting India’s entertainment industry. This report was commissioned as a part of the USIBC–FICCI Bollywood–Hollywood initiative and covered film, music, television and video games. It was funded by the Global Intellectual Property Center of the U.S. Chamber of Commerce. The spectacular press launch meeting was organized in Mumbai and also attended by Yash Chopra, chairman of FICCI Frames and Ramesh Sippy, the famed director who commented on the occasion, “I know first hand the importance of fighting piracy to support the growth of Bollywood. I commend the USIBC–FICCI initiative for enlisting all elements of the entertainment industry against piracy.” The President of USIBC, Ron Summers used the opportunity to suggest stronger legal means to tackle piracy. He said, “We strongly support passage by India of optical disc legislation that will thwart piracy in this important industry. We are pleased to stand shoulder to shoulder with counterparts in India to help protect jobs and revenues that are now being needlessly lost to piracy.”

Sixth Annual BSA and IDC Global Software Piracy Study

Business Software Alliance, in partnership with a market analysis firm IDC, published their annual study on global trends in software piracy in May 2009. Sixth in its annual series, the report critically blames the Asia Pacific region, especially India and China, for the growing levels in piracy, despite countries bringing down their piracy rates. The report says, ‘In 2008, the rate of PC software piracy dropped in slightly more than half (57) of the 110 countries studied, remained the same in nearly one third (36), and rose in just 16. However, the worldwide PC software piracy rate rose for the second year in a row, from 38 per cent to 41 per cent, mainly because PC shipments grew fastest in high-piracy countries such as China and India, overwhelming progress in these and other countries.’

In addition, it also makes an India specific point by highlighting India’s piracy trends,

‘India’s rate has dropped six points in five years, despite its sprawling PC market, of which consumers and small businesses account for 65 per cent. While consumer PC shipments grew more than 10 per cent last year, shipments to other categories dropped 7 per cent.’

Motion Pictures Distributors Association’s Internet Piracy Studies

Earlier this month, the MPA Office in India named Motion Pictures Distributors Association, along with a DtecNet a global anti-piracy company, released a study on the Internet piracy trends in India. This report places India as the fourth largest global hub of online film piracy, behind United States, Britain and Canada, with Delhi, Bangalore and Mumbai accounting for the major share of illegal downloads. It estimates that Vishal Bhardwaj’s Kaminey, was downloaded 350, 000 times on Bit Torrent with about 2/3rds of downloaders being from India. MPDA also links this study to another consultancy, Envisional’s similar suggestions, while MPDA’s managing director, Rajiv Dalal pushed for strong laws to support copyright, strong enforcement and stiff sentences for people who violate laws, on the basis of these reports.

Despite the availability of a large number of critiques available in the academic world, the media – both broadcast and print, reports shock inducing statistics verbatim, treating them as expert evidence without engaging in any analysis of the published material. Most of the piracy studies are quantitative in nature and do not provide any social class or demographic break up either of those who engage in piracy or those who buy pirated goods. It has also been pointed out by scholars like Shujen Wang that it is unreasonable to assume that every pirated copy could be counted as a lost sale, and thus a loss. In absence of research on the cultural aspects of piracy and the subsequent circulation, these reports have been successful in creating a fear psychosis in the civil society.

For more details visit http://editors.cis-india.org/a2k/blogs/piracy-studies-india