Centre for Internet and Society

Digital Art

praskrishna — 2012-01-03T09:25:12Z

Newsletter, volume 9, issue 1 from the Digital Natives community.

For more details visit http://editors.cis-india.org/digital-natives/digital-art.pdf

Digital AlterNatives Video Contest

praskrishna — 2012-01-04T04:54:02Z

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

Digital Alternatives Video Contest

praskrishna — 2011-12-15T10:27:46Z

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

Digital AlterNatives book launch

praskrishna — 2012-01-04T06:56:41Z

On Friday the 16th of September Hivos will launch the Digital AlterNatives with a cause? book, which looks at the dynamics of a new generation that is growing up with digital technology. In 2011 the digital native generation has been all over the front pages of the major newspapers in the world. CNN, BBC, de Volkskrant and the NRC gave prominent coverage on the ‘digital’ revolutions in the Middle East and North Africa and dubbed them as ‘Facebook’ and ‘Twitter’ revolutions. However, the recent events in the Middle East and North Africa, Spain, Greece, Israel, India, Chile and England show that there is more to this generation then just a nice tool. By framing it as Facebook actions we are simplifying the complex processes that are taking place and denying and underestimate the challenges and dynamics of this younger generation.

In this last year Hivos and the Centre for Internet and Society, Bangalore, India have tried to shed some light on the actions, identities, networks and implications of the digital natives generation. We started by asking the basic questions: Who are they? Do they have a cause? What is their role in social and political processes? This exploration has resulted in new insights, reflections, anecdotes, case studies and opinion pieces by digital natives, academics and policy makers around the world, which have been synthesized in the Digital AlterNatives with a cause? collection.

We would like to invite you to the Museum for Communication in the Hague for the book launch of the Digital AlterNatives with a cause? collection. Here we will share our insights into the dynamics of this younger generation. Then Rebecca MacKinnon and Maarten van den Berg will give their opinion on our work which will be followed by an open debate. Please join us for the book launch on the 16th of September from 17.00 till 18.00.

See the information on the Hivos website here.

For more details visit http://editors.cis-india.org/events/book-launch

Digital Activism and Online Advocacy: Experiences from the Tibetan Freedom Movement – A Talk by Shibayan Raha

praskrishna — 2011-09-23T05:46:27Z

A talk on the role of digital activism, online advocacy and use of social media in the Tibetan freedom struggle by Shibayan Raha at the Centre for Internet and Society, Bangalore on 9 August, 2010.

The Tibetan freedom movement began in the 1950’s when it started its campaign to highlight the sufferings of the Tibetan community under the Chinese regime through conventional means. Today the movement has come a long way in that it engages the Chinese Government on every possible world stage including the online world. Online advocacy and digital activism forms an integral part of this movement as is reflected from the use of advanced e-mailing servers and social media as an activism tool to mobilise people online and press international bodies to extend support for the movement.

Shibayan Raha, a young activist, will talk on the role of digital activism, online advocacy and the use of social media to further the cause of the Tibetan freedom movement.

About Shibayan Raha

Shibayan Raha is the grassroots co-coordinator for ‘Students for a Free Tibet, India’. A native of Kolkata, he did various odd jobs in his hometown before devoting himself to social work, particularly the Tibetan freedom struggle, five years ago. As a grassroots co-coordinator, he takes the Tibetan issue to the youngsters and gathers more people to join the movement. He has been imprisoned thrice, twice in Tihar jail and once in the Colaba police station. Further, he has also been involved in other areas like the Bhopal gas leak tragedy, the Burmese issue and AFSPA.

VIDEO

For more details visit http://editors.cis-india.org/events/talk-by-shibayan-raha

Digital accessibility helps diverse users: participants at IIM-B meet

praskrishna — 2016-12-21T16:17:20Z

There is a need for diverse groups in the country to work on ensuring inclusion, which in turn will ensure the success of digital accessibility policies and programmes.

The article published in Hindu Businessline on December 20, 2016 quoted Nirmita Narasimhan

At a roundtable on ‘Digital Accessibility’ hosted by IIM-Bangalore, Professor Mukta Kulkarni, Mphasis Chair for Digital Accessibility and Inclusion at the institution, said digital accessibility can allow for productivity and inclusion through participation in educational, economic and political spheres.

However, such accessibility is beneficial for everyone, and not just one sub-group, she said. For example, she described how captioned video, which helps us to follow a movie via subtitles in noisy places, was actually created for people with hearing impairments.

The roundtable was attended by key players in the disability accessibility ecosystem, including founders of disability employment agencies, lead accessibility officers from the private sector, and disability policy and advocacy specialists.

Cash and card

Rakesh Paladugula, founder, Maxability, and Accessibility Engineer at Adobe, focused on the effects of demonetisation on persons with disability. “Persons with disability can neither use cash for their needs nor the web and mobile applications due to poor accessibility. Applications such as Paytm, Mobikwik, have not thought about the needs of customers with disabilities. There are similar problems with POS terminals which are going to be market drivers in the retail space,” he said.

Making a business case for investment in accessibility, Mohan Sundaram, Trustee and Board Member, Association of People with Disability, said: “There is enough evidence to show that innovation for the disabled makes the product far more valuable and productive for the able-bodied.” Hence, the crying need for corporates to hire people with disability in design departments and testing teams. “Hire as part of a strategy to enhance value; don’t hire PWDs to tick a box, to make up the numbers for compliance,” he added.

Remarking that regulations often come in the way of innovation, Ashutosh Chadha, Group Director, Government Affairs and Public Policy - Microsoft India, argued that policy has to be forward looking.

Mandatory criterion

“Policy must promote public procurement standards and align them with global standards such as WCAG 2.0 AA for web content and services and policy must straddle campaigns such as Make in India, Start-up India and Digital India to crowd-source ideas and take them to market so that more and more new products with accessibility are developed,” he said.

“We have to have a clear roadmap for implementing digital accessibility, which goes in tandem with the national development agenda; otherwise policy initiatives will remain on paper without tangible benefits to persons with disability. Accessibility needs to be prioritised. In emerging Digital India, an inability to use technology will have drastic consequences to the economic and social independence of a person,” observed Nirmita Narasimhan, Policy Director, Centre for Internet and Society, India.

Dr. Meenu Bhambhani, VP & Head – CSR, Mphasis, said: “There is a need of thought leadership in this space and hence the investment in partnership with IIM-B to focus on research that will build a strong business case for accessibility in systems, services and products.”

Cristopher Broyles, Mphasis Chief Accessibility Officer, through a video message, said: “We’re looking to our partners and other companies to help develop cross-vertical approaches to ensure greater employment success by individuals with disability and to help organisations enhance their capabilities to reach a broader spectrum of customers.”

For more details visit http://editors.cis-india.org/accessibility/news/hindu-businessline-december-20-2016-digital-accessibility-helps-diverse-users-participants-at-iimb-meet

Digital Accessibility

praskrishna — 2017-07-09T01:44:08Z

On June 17, 2017, Rakesh Paladugula, a web accessibility trainer and Nirmita Narasimhan made a presentation to scientists of the National Informatics Centre in their office in Bengaluru.


Pictured above: Nirmita Narasimhan explaining concepts of digital accessibility to a group of scientists at National Informatics Centre office in Bengaluru

The presentation described what is digital accessibility, who it benefits, how to implement it in terms of policy and technology, standards for different domains of accessibility and focused specifically on making web sites accessible as per GIGW. The presentation was attended by around 40 scientists in person and approx. 40 from the districts of Karnataka via video conferencing. The discussion also revolved on key issues with Government web sites, available resources and tools to check for accessibility and tips on how to make them accessible. Some thought was also given to what could be the plan going forward to implement GIGW and any capacity building requirements in this regard.

For more details visit http://editors.cis-india.org/accessibility/news/digital-accessibility

Digital (Alter)Natives with a Cause? — Book Review by Maarten van den Berg

praskrishna — 2015-05-15T11:30:47Z

‘Digital (Alter)Natives with a cause?’ is a collection of four books with essays published by the Centre for Internet and Society in Bangalore, India, and the Dutch NGO Hivos. The books come in a beautifully designed cassette and are accompanied by a funky yellow package in the shape of a floppy disk containing the booklet ‘D:coding Digital Natives’, a corresponding DVD, and a pack of postcards portraying the evolution of writing - in the sentence ‘I love you’, written with a goose feather in 1734, to the character set ‘i<3u’ entered on a mobile device in 2011.

Digital Natives

The publication is the outcome of a programme initiated by the two organizations to investigate the potentials for social change and political participation in emerging societies through the use of internet and communication technologies (ICTs). The programme is particularly interested in the strategic use of ICTs among young people, those who are born and have grown up with ‘things digital’ – hence, the ‘digital natives’, a term coined by Marc Prensky in 2001.

But in the preface of the collection and the introduction to the first book, entitled ‘To Be’, the editors Nishant Shah and Fieke Jansen are quick to stress that by naming digital natives, they do not want to exclude any position whether defined by age, gender, class, language or location. Still, ‘we continue with the name’, they say, ‘because we believe that replacing this name with another is only going to be an epistemic change which tries to disown the earlier legacies and baggage that the name carries’. I am not quite sure what that means. I take it they just like the hashtag #DigitalNatives – and I can’t blame them.

Testimonies

So who are these digital natives or how have they become? The booklet ‘D:coding Digital Natives’ portrays some of them. For instance, there is Frank Odaongkara from Uganda. He says that already in primary school he had the feeling that computers would change his life. Now Facebook is his homepage, and he has 1000 ebooks on his laptop, of which he’s read 350 already. Or there is Leandra Flor from the Philippines who says she became more dynamic and in touch with her surroundings because of the ‘wonders of technology in communication’. She has built her social life around it.

What emerges from these testimonies, what many of the digital natives share is the sense of empowerment. They feel empowered by ICTs to connect to others, to learn something, to engage with the world and build social lives. Contrary perhaps to the aspirations of the editors, I do find that the digital natives in emerging societies portrayed in the publication tend to come from relatively well-to-do families. The digital divide is still very real, when it comes to access to ICTs and their life-changing potentials.

Personal > political

That digital natives feel empowered by ICTs to build a social life does of course not necessarily entail that they bring about social change or pursue political goals. But one thing can lead to the other, even accidentally. Take the story of Manal Hassan, an Egyptian woman who found herself trapped in Saudi Arabia when her family went to live there. She started a blog to write about her problem and got in contact with other Egyptian bloggers and digital activists. Women rights organizations adopted her cause, a lawyer took up her case, and she made news in the mainstream media. She had become a political actor.

There are more such stories in the publication. In the digital age, it seems, social change has gone viral. Digital natives can become political actors by sheer coincidence. I believe there is an important lesson to learn from that for sociologists and political scientists. We have to come to terms with the serendipity of collective action.

Digital methodology

For social scientists, there is more to be learned from the publication. In the introduction to the essays brought together in the chapter ‘To Think’ the editors pose that the rise and spread of digital and online technologies elicit new methods of understanding and research. And they are quite right. In the essay ‘Digital methods to study digital natives with a cause’, Esther Weltevrede uses Twitter as a platform to study digital natives and their practices. And because the retweet is a practice adopted by digital natives to forward, or give voice to a message, she proposes that for the researcher the retweet becomes a way to quantify those messages that have ‘pass-along value’.

Mob rule 2.0

As many of the authors are themselves digital natives and activists of sorts, most of them cannot hide their excitement about the opportunities that ICTs afford. But there is some room for skepticism too. Thus, essayist Yi Ping Zou rightly observes that ‘the newly imagined communities that we call digital natives […] may not be all progressive, liberal and striving to make a change for the better’. In her contribution she warns us for ‘mob rule 2.0’ as the very digital technologies that allow us ‘to create processes of change for a just and equitable world’ are also technologies that ‘enable massively regressive and vigilante acts that exercise a mob-based notion of justice’.

That vision thing

And as is the case with any form of collective action, digitally mediated or not, there is the question of purpose. In an essay that compares the youth-led ‘revolution’ of 1968 and the Arab Spring of 2011, David Sasaki observes that both are essentially anti-establishment movements and that, so far, the latter has prioritized the removal of the current political class without offering a concrete vision of what ought to come next. As far as this author is concerned, the digital natives have yet to develop a vision of their own future – and the future of their governments.

I believe that we should not expect from today’s youth what yesterday’s young ones did not accomplish. Let us consider the digital natives and the technologies they employ for what they do, not for what they ought to be doing. And after reading some of the testimonies of digital natives in this publication, I cannot but conclude – as Eddie Avila does in the last book – that what brings them together is “a vision that the everyday technologies in their lives can help them make changes in their immediate environments”. Such is not a vision about politics writ large. It is about change at the personal level, the ability to connect and engage with others, and, from there, the possibility to act collectively – and give it a larger direction.

'Digital (Alter)Natives with a cause?', Nishant Shah and Fieke Jansen (eds), is available for download in four parts at the website of the Hivos Knowledge Programme.

The review by Maarten van den Berg was published in "The Broker" on September 19, 2011. Please click here to read the original review.

About the author

A political scientist by training (University of Amsterdam, York University, Canada), Maarten van den Berg is senior editor of The Broker,an independent magazine on globalization and development. Before he joined The Broker in 2011, Maarten worked as a communication and knowledgement professional for a variety of international organizations, and still has his own consultancy, RISQ. After work, Maarten loves to cook and shares in the care of his son Titus.

Photo credit main picture: Postcard 'Digital Natives' designed by Jonathan Remulla.

For more details visit http://editors.cis-india.org/book-review-digital-alternatives

Digital

praskrishna — 2013-09-12T09:01:19Z

Digital

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

Digerati See Censorship in New Web Rules

praskrishna — 2011-05-05T02:21:27Z

Attention Indian bloggers and social media fiends: the next time you’re composing a witty tweet or posting an edgy item on Facebook, please take care that what you’re writing isn’t “grossly harmful” or “harassing” or “ethnically objectionable” or – oh, the humanity! – “disparaging.” This news was published in the Wall Street Journal on May 2, 2011.

Those are among the types of content that are banned under Internet regulations the Indian government recently put into effect to enforce sections of an information technology law passed in 2008. It’s up to “intermediaries” – Internet service providers, social networking sites, etc. – to police the Web and remove content that goes out of bounds.

As word of the new rules spreads, digital media barons and commoners alike are freaking out. Is the world’s largest democracy ever-so-quietly trampling on free speech by enacting a censorship regime for the Web? How exactly will these rules affect day-to-day activity online?

On the MediaNama digital media blog, Nikhil Pahwa offers a bleak analysis: “These rules give the Indian government the ability to gag free speech, and block any website it deems fit, without publicly disclosing why sites have been blocked,” he writes.

Concerns are also pouring out on Twitter, with user posts like “Looks like we will become China soon” and “Moving to a more draconian state” and “When the hell did this happen?”

To shed some light on that last question: These rules merely advance what has been a quiet effort for several years by the Indian government to get a grip on the Web without the kind of blanket censorship or Website-blocking practiced in countries like Iran, China and Saudi Arabia.

In a front-page story last year, The Wall Street Journal showed how Indian police and government authorities, acting on complaints from Web users, have successfully pressured Google Inc. and other companies to make inaccessible to Indian users Web content that offends figures ranging from Congress Party President Sonia Gandhi to Hindu nationalist leader Balasaheb Thackeray.

The IT law was in effect then but as the government issues more specific rules to enforce it, its powers appear to be broadening–or at least coming into much sharper focus. The cumulative impact of the government’s Web regulation regime, says Sunil Abraham of the Center for Internet and Society in Bangalore, is to foster a culture of self-censorship not just by Web users but also Internet companies that will likely err on the side of caution by removing anything that seems edgy or potentially offensive.

Mr. Abraham cited as an example of overreach in the rules a provision that bans information that “impersonates another person,” which he said would outlaw everything from parody writing in which the author pretends to be in the shoes of a celebrity to Twitter accounts such as Dr.YumYumSingh, whose tweets are a running send-up of the honorable Prime Minister Manmohan Singh. “There are many occasions when people take on a pseudonym, or pretend to be someone else. If it isn’t done with the intention of financial fraud, there’s no need to clamp down on it,” he said.

Mr. Abraham also lamented that people whose content is taken down appear to have no recourse under the law to protest to ISPs or the government. It’s up to the ISPs to offer such recourse in their terms-of-use, if they are so generous.

To put this in its proper perspective, Indian authorities have never tried to disable Web access for large segments of the population or block very large numbers of sites, so far as we know. CIS revealed through a Right-to-Information request that 11 sites are currently being blocked, including a Facebook page that disparages constitutional framer and low-caste champion B.R. Ambedkar. There are certainly countries practicing a much, much higher degree of outright Web censorship.

But is fostering self-censorship–if that’s what’s happening here–just as bad as censorship itself?

Let us know what you think of the new rules in the Comments.

Read the article originally published in the Wall Street Journal here

For more details visit http://editors.cis-india.org/news/censorship-in-new-web-rules

Did Sibal just get arm-twisted by book publishers?

praskrishna — 2012-05-28T06:08:57Z

The publishing industry seems to have got the better of the Human Resources Development Minister Kapil Sibal. Pranesh Prakash's article on parallel importation of books is referred in this article published in FirstPost on May 25, 2012.

The move to open up the market for distribution of international books to competition has been successfully thwarted with the removal of an amendment allowing parallel imports from the Copyright (Amendment) Bill, 2012 that was passed by the Lok Sabha on 22 May.

This despite the Parliamentary Standing Committee supporting the amendment on the grounds that it will increase student access to books.

But it could well only be a temporary victory for the publishing giants with Sibal promising to restore the amendment if the National Council of Applied Economic Research – to which the matter has been referred – should in its report (expected in August) recommend parallel imports.

The draft bill (which included the amendment) had created a furore in publishing circles last year. Parallel imports, claimed leading publishing houses, would destroy the industry. Read Thomas Abraham’s Death of Books published last year in The Hindustan Times.

While that remains open for debate, there is no denying the larger common good of faster and cheaper availability of books to millions of students that parallel imports will make possible. Ordering books may no longer be a click away if Flipkart had to take permission from the Indian copyright owner every time you ordered an international title.

In an article titled Why Parallel Importation of Books should be Allowed published by The Centre for Internet and Society Pranesh Prakash makes a compelling case for ending the distribution monopoly.

Underlying the huge benefit to students, the author says “Currently a large percentage of educational books in India are imported, but with different companies having monopoly rights in importation of different books. If this was opened up to competition, the prices of books would drop, since one would not need to get an authorisation to import books—the licence raj that currently exists would be dismantled—and Indian students will benefit.

“This is especially important for students and for libraries because even when low-priced editions are available, they are often of older editions.”

The article also argues how the business model of hugely popular site such as Flipkart depends on parallel imports to deliver books to its customers at great bargains.

Allowing parallel imports, argues the author, will dismantle distribution monopoly rights and help book publishers, libraries, the print-disabled and consumers in general. He also makes the important distinction between the black market and parallel imports, which is legal.

Offering a point-by-point rebuttal of the publishing industry’s claims of the destructive impact of parallel imports, the author observes “It seems to us that the publishing industry – especially foreign publishers with distributorship in India – don’t want to open themselves up to competition in the distribution market and are opposing this most commendable move.”

He concludes that allowing parallel imports will, in fact, result in an expansion of the reading market.

“It is mainly foreign publishers’ monopoly rights over distribution which will be harmed by this amendment, while Indian publishers, Indian authors, and Indian readers, especially students, will stand to gain. Furthermore, in the long run, even foreign publishers will stand to gain due to market expansion. Any legitimate worries that publishers may have are better dealt with under other laws (such as the Customs Act) and not the Copyright Act.”

Read the original from FirstPost.India

For more details visit http://editors.cis-india.org/news/did-sibal-just-get-arm-twisted-by-book-publishers

Dictionary words in software patent guidelines puzzle industry

praskrishna — 2013-09-04T06:20:24Z

Terms not defined in draft guidelines on patents for computer-related inventions leaves room for misinterpretation

The article by C.H.Unnikrishnan was published in Livemint on August 26, 2013. The Centre for Internet and Society's work on access to knowledge is mentioned.

Could the simple Latin phrase, per se, which translates as “in itself”, lead to confusion in verifying whether a computer-related invention deserves a patent or not? Some members of the $108 billion Indian information technology industry, intellectual property (IP) law firms and anti-patent lobby groups say it can.

The inclusion of some terms that are not defined by local laws in the government’s draft guidelines on patents for computer-related inventions (CRIs) leaves room for ambiguity and misinterpretation when examiners grant or reject such a patent, they say. The guidelines were released in early August.

The terms include ‘per se’, algorithm, hardware, firmware —and CRI itself.

CRI “has not been defined in any of the Indian statutes and is construed to mean, for the purpose of these guidelines, any invention which involves the use of computers, computer networks or other programmable apparatus and includes such inventions, one or more features of which are realized wholly or partially by means of a computer programme/programmes”, the Indian Patent Office (IPO) acknowledged in the draft guidelines, and called for feedback from industry stakeholders by 8 August.

	Patent examination is the most crucial function performed by a patent office. An examiner verifies the invention claims made by an applicant by relying on scientific parameters, industrial applicability and previously known technologies, among others, to decide whether the claims are genuine and deserve a patent. IPO’s draft guidelines are aimed at helping examiners in this task. However, with new technologies, the task of granting or rejecting patents has become tougher, as acknowledged by the patent office, in its draft guidelines. The confusion is only compounded with the inclusion of dictionary terms such as per se. The Indian Patent Law does not contain any specific provision regarding the protection of computer software that includes programs, musical and artistic works, studio and video recordings, databases and preparation material and associated documents such as manuals. India does not grant pure software patents (i.e., a patent over a “computer programme per se”).

Patent examination is the most crucial function performed by a patent office. An examiner verifies the invention claims made by an applicant by relying on scientific parameters, industrial applicability and previously known technologies, among others, to decide whether the claims are genuine and deserve a patent.

IPO’s draft guidelines are aimed at helping examiners in this task. However, with new technologies, the task of granting or rejecting patents has become tougher, as acknowledged by the patent office, in its draft guidelines. The confusion is only compounded with the inclusion of dictionary terms such as per se.

The Indian Patent Law does not contain any specific provision regarding the protection of computer software that includes programs, musical and artistic works, studio and video recordings, databases and preparation material and associated documents such as manuals. India does not grant pure software patents (i.e., a patent over a “computer programme per se”).

Software, instead, is protected by the Copyright Law, similar to literary and aesthetic works.

In the feedback, a copy which was reviewed by Mint, India’s largest software services exporter Tata Consultancy Services Ltd (TCS), said it “is happy to note that IPO is taking the right steps in the direction of protecting inventions...Moving from the notion of ‘Computer Implemented Invention’ to ‘Computer Related Invention’ itself is a positive shift...”

	“Primary objective of the CRI guidelines, as expected and understood by the stakeholders, is to deliberate on the meaning of “per se” in Section 3(k) for Software Inventions with example pertaining to Software Inventions and not interpret them to be the Hardware-led inventions,” said TCS in its feedback. It added that “while examining the technical character of a CRI, mere usage of the words such as enterprise, business, business rules, supply-chain, order, sales, transactions, commerce, payment, etc. in the (patent) claims should not lead to conclusion of the CRI being just a ‘Business Method’ without any technical character. These terminologies actually qualify the contextual utility and fitment of the inventions..”

“Primary objective of the CRI guidelines, as expected and understood by the stakeholders, is to deliberate on the meaning of “per se” in Section 3(k) for Software Inventions with example pertaining to Software Inventions and not interpret them to be the Hardware-led inventions,” said TCS in its feedback.

It added that “while examining the technical character of a CRI, mere usage of the words such as enterprise, business, business rules, supply-chain, order, sales, transactions, commerce, payment, etc. in the (patent) claims should not lead to conclusion of the CRI being just a ‘Business Method’ without any technical character. These terminologies actually qualify the contextual utility and fitment of the inventions..”

According to Rajiv Kumar Choudhari, a lawyer specializing in IT patent law, a computer program is software ‘per se’ because there may be no transformation of data/signal/input, or there is no tangible benefit to the device if this software is run on the device. “The benefit to the device may be in terms of efficiency, or increase/decrease in certain attributes,” he said in a blog in SpicyIP where he analyzed software patenting position in India earlier.

In such cases, if the applicant fails to define the exact benefit to the device in a tangible manner, the examiner may refuse to grant a patent. In January 2012, for instance, the Delhi patent office rejected a software patent application filed by Netomat Inc., on grounds that it did not fulfil the requirement of Section 3(k).

According to section 3(k) of the Indian Patent Act, “a mathematical or business method or computer programs per se or algorithms” are not inventions.

Between 2006 and 2011, the latest available data, 34,967 IT patent applications were filed with the Indian patent office. It granted about 5,594 patents during the same period.

“We hope that through this consultation (feedback) the prevailing evaluation methods for computer related inventions will become more efficient and encourage the Industry to file and protect their IP. However, we have some major concerns related to the draft guidelines,” said Nassom, the country’s software lobby body.

Overall, the guidelines appear to be “restrictive and may be a hindrance to grant of patents in India, even when such rights would be granted in other countries like Europe, Japan, etc,” said Nasscom, adding that “over a period of time”, it will discourage innovative activities from being carried out in India.

For instance, Nasscom pointed out that since the patent office has not defined ‘per se’, the phrase “computer program per se” should mean a set of instructions by itself or computer program by itself. “This meaning is generally accepted even in the UK and before the EPO (European Patent Office),” it added. The software lobby body has suggested that the scope of the “per se” limitation in Section 3(k) should be changed to cover hardware features, irrespective of whether the features are novel or not.

The guidelines, said Nasscom, seem to imply that for computer program-related claims to be allowed, the software needs to be “machine specific”, which “will unfortunately exclude patent protection for any computer-implemented invention designed to be interoperable across platforms, and not specific to a machine”.

In its feedback to the patent office, the Centre for Internet and Society (CIS), an organization that works on Internet privacy-related issues, underscored the complexity that new technologies could introduce by citing the example of CRIs in the field of data storage.

The first compact disc (CD) was invented in 1982, the digital video disc (DVD) in 1995 and the flash drive in 1999.

“While each of these inventions was far superior to their predecessor, the time between each incremental innovation has drastically reduced,” CIS noted in its feedback

“If an invention can become obsolete in as little as 2 years, it would make little sense to grant monopoly rights for 20 years. So even if a CRI passes the three tests of novelty, inventive step and industrial applicability, it needs to be evaluated from the perspective of its possible obsolescence. In such a scenario, the examiner should look at the history of innovation in that particular field to ascertain that the invention does not become obsolete in a short time.”

Also consider for instance the term, “business methods”. It involves a whole gamut of activities in a commercial or industrial enterprise relating to transaction of goods or services but “the claims are at times drafted not directly as business methods but apparently with hitherto available technical features such as Internet, networks, satellites, tele-communications, etc”, the draft stated.

“The exclusions are carved out for all business methods and, therefore, if in substance the claims relate to business method even with the help of technology, they are not considered patentable,” the guidelines added.

The Japan intellectual Property Association, in its reaction to the India’s new CRI patenting guidelines, also noted that recent computers, including processors or memories, mostly do not rely on any specific programs.

“In addition, software-related inventions should be patentable originally for their functioning on the basis of novel computer programs in combination with general purpose devices. However, these computer-related inventions would be excluded from protection under the new standards for patentability,” it cautioned.

The draft guidelines “have interpreted and applied Section 3(k) of the Indian Patent Act 1970 in a more restrictive way to conclude as to what is patentable, which is a cause of concern to various stakeholders”, said Federation of Indian Chambers of Commerce and Industries (FICCI) in its reaction.

Software patents remain an emotive issue.

Their proponents argue that patents promote investment in research and development, accelerate software development by making previously unknown and not obvious software inventions public and protect IP of software companies. They also encourage the creation of software companies and jobs and increase the valuation of small companies, the proponents add.

Critics counter that traditional copyright has provided sufficient protection to facilitate massive investment in software development and that most software patents cover either trivial inventions or inventions that would have been obvious to persons of ordinary skill in the art at the time the invention was made.

Globally, patents in the IT and software sector are being revisited due to litigation and compensation claims over misuse of patents including the much-hyped patent battle of Apple Inc. with Samsung Electronics and Google Inc. with Microsoft Corp.

In June 2008, technology companies including Google, Intel Corp, Oracle Corp, Cisco and Hewlett-Packard Co. set up the ‘Allied Security Trust’ to address the risk of patent-infringement suits by buying those patents which they feel are most important to their businesses.

AST has 26 members from Europe, North America and Asia. It buys patents that its members have expressed interest from the patent holder, and the cost would be deducted from those companies’ Escrow accounts. AST argues that non-practicing entities, or NPEs, also known as patent trolls, produce no products or services of their own, and yet acquire patents—sometimes hundreds of them—with the sole intention of asserting their right and conduct patent litigation to extract settlements or licensing fees.

In 2008, AST estimated that it costs operating companies an average of $3.2 million through the end of discovery and $5.2 million through trial to defend cases in which there is more than $25 million at stake.

The costs of determining if a particular piece of software infringes any issued patents are too high and the results too are uncertain. A software patent costs, on average, around $20,000, it said.

For more details visit http://editors.cis-india.org/news/livemint-august-26-2013-ch-unnikrishnan-dictionary-words-in-software-patent-guidelines-puzzle-industry

Dialogue Cafe @ Centre for Internet and Society

praskrishna — 2011-12-07T11:10:08Z

The Centre for Internet and Society announces the launch of its dialogue cafe, where every month, we approach seminal thinkers, scholars and practitioners to help explore knowledge paradigms that help us understand and research techno-social realities through innovative thought, concepts and frameworks.

The dialogue cafe draws upon different disciplines, histories, perspectives and intellectual legacies in order to respond to a seminal piece of writing that has changed, challenged and shaped the contours of interdisciplinary science and technology studies.

The dialogue cafe initiates several strands of dialogues — between critical thinkers and canonical texts, between different paradigm of knowledges that interact with digital and internet technologies, and between interlocutors located in different disciplines, to initiate critical thought/work for new and innovative research in the field of Internet and Society.

For its first brew of conversations, the Dialogue Cafe serves you...

Computation and the Humanities: Revisiting a Silent Revolution

Steve Jobs’ comments on how “technology married with liberal arts, married with the humanities” made Apple hearts sing is today widely re-circulated, but not fully comprehended. We often take this to be the mark of one man’s genius, rather than the symptom of a broader interdisciplinary history. Noted Artificial Intelligence scholar Philip Agre recalls, “When I was a graduate student in artificial intelligence, the humanities were not held in high regard. They were vague and woolly, they employed impenetrable jargons, and they engaged in "meta-level bickering that never decides anything".

What happened, in the formative decades of Jobs and Agre’s generation, to bring technology and the humanities into conversation? What have the results been, other than well-designed personal computational devices, and what is the significance for us? On December 2, 2011, the Centre for Internet and Society invites you to a Dialogue Cafe, where we engage in exploring what this all means and what kinds of labour it might take to ‘marry’ these disparate ways of knowing.

As a response to Philip Agre’s seminal essay on “Critical Technology Practice”, the cafe will begin with an exposition by Kavita Philip (University of California, Irvine), opening up into a critical response spearheaded by Cherry Matthew, and leading to a larger dialogue with the audience, exploring fault lines of interdisciplinary research and challenges of integrated technology studies.

For more background on these questions, audience is encouraged (but not required) to explore the materials at Agre’s home page http://polaris.gseis.ucla.edu/pagre/, and STSrelated links from Wikipedia’s page http://en.wikipedia.org/wiki/Science,_technology_and_society

VIDEOS

For more details visit http://editors.cis-india.org/internet-governance/dialogue-cafe

Dhawan

praskrishna — 2012-02-06T03:57:17Z

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

Dhatri

praskrishna — 2014-12-07T01:33:28Z

Dhatri

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