Centre for Internet and Society

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

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Dharmesh

praskrishna — 2012-07-10T08:21:06Z

Dharmesh

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Dharitri

praskrishna — 2014-09-30T08:43:11Z

Dharitri

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DH Workshop January 28

praskrishna — 2014-03-05T12:20:48Z

For more details visit http://editors.cis-india.org/raw/digital-humanities/dh-workshop-january-28-2014.pdf

DH Mangalore

praskrishna — 2013-12-31T09:40:21Z

Deccan Herald

For more details visit http://editors.cis-india.org/home-images/DHMangaloreDec222013d.png

DH

praskrishna — 2013-07-18T07:25:42Z

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Developing Screen Reader and Text to Speech Synthesizer for Indian Languages: Quarterly Report (February 2014)

praskrishna — 2014-04-01T03:48:02Z

Report of the activities of the NVDA project from November 2013 to February 2014.

For more details visit http://editors.cis-india.org/accessibility/resources/nvda-quarterly-report-february-2014.pdf

Developing Screen Reader and Text to Speech Synthesizer for Indian Languages: Quarterly Report (November 2013)

praskrishna — 2016-09-29T13:16:32Z

Report of the activities of the NVDA and Espeak project between November 2012 and February 2013.

For more details visit http://editors.cis-india.org/accessibility/resources/developing-screen-reader-quarterly-report-november-2013.pdf

Developing location-based services

praskrishna — 2012-02-28T09:31:50Z

For mapping enthusiasts, geeks and neogeographers in Bangalore, here's something to look forward to. Cartonama, a workshop that offers intensive hands-on training on tools to build and manage location data for location-based services, will be held in the city on March 2 and 3.

The article was published in the Hindu on February 26, 2012

This workshop, being organised by city-based tech event management firm HasGeek, is open to developers, neogeographers and entrepreneurs working on location-based services who want to understand how to use advanced tools to manage and represent their geographic data.

The workshop will be conducted by Mikel Maron and Schuyler Erle, both from the OpenStreetMap project. The event is being held at the Centre for Internet and Society in Domlur.

For more on this, log on to workshop.cartonama.com or contact sajjad@hasgeek.com

Cloud 20/20: online technical paper contest

Unisys India announced the results of Cloud 20/20 Version 3.0, the third edition of one of India's largest technical paper contests, designed to encourage innovative ideas and recognise emerging technical talent from among the country's leading engineering colleges.

Following several rigorous rounds of evaluation, the judges selected Dharmesh Kakadia from International Institute of Information Technology, Hyderabad, as the first prize winner for his entry on ‘Network Virtualisation and Cloud Computing'. The runner-ups were Sridhar S. from Anna University, Chennai, and Poornima J.R. from M.S. Ramaiah Institute of Technology.

A system to protect confidential data

Xerox and computer security firm McAfee have teamed up to design a security system to help companies protect against threats to confidential data, a release from McAfee stated.

This involves integrating embedded McAfee software into Xerox technology. The two companies plan to use a whitelisting method that allows only approved files to run, offering significantly more protection than traditional blacklisting tactics, where a user has to be aware of and proactively block viruses, spyware and other malicious software.

Additionally, the solution provides an audit trail to track and investigate the time and origin of security events, and take action on them, the release added. The companies claim that the decision to partner on this was a result of a survey commissioned by the two firms that found that 54 per cent employees in India do not follow their company's IT security policies, even fewer (33 per cent) are aware of these policies.

Automating healthcare and insurance

IT major Wipro Infotech announced that it has successfully implemented the digitisation of the Employees' State Insurance Corporation's (ESIC) Project, Panchdeep, the healthcare administration programme that automates healthcare services to over six crore beneficiaries across the country.

This is the largest e-governance programme in this sector, providing online facilities to employers and insured people for registration, payment of premium and disbursement of cash benefits.

It also automates medicare services to all insured people, and an estimated 75,000 people use this every day.

HP launches new press

Hewlett-Packard announced the launch of HP Indigo W7200 Digital Offset press for the Indian market. This has been installed at Bangalore-based printing press, the KolorKode digital press. With its robust productivity this new press offers the ability to address a wider range of long-run jobs. It will be able to deliver a broader range of jobs for a dynamic market place meeting the demands of monochrome to seven-color jobs, from spot to highlight color during a single run, without stopping or changing the settings, a press release from HP stated.

For more details visit http://editors.cis-india.org/news/developing-location-based-services

Developing Digital Open Knowledge Resources in Indian Languages

praskrishna — 2014-08-22T00:51:52Z

The Centre for Internet and Society's Access to Knowledge team (CIS-A2K) in partnership with the School of Cultural Texts and Records, School of Women's Studies, Jadavpur University, Centre for Indian Languages in Higher Education, and the Tata Institute of Social Sciences, Mumbai is organizing a two-day workshop for students at Jadavpur University on August 25 and 26, 2014.

For more details visit http://editors.cis-india.org/openness/events/developing-digital-open-knowledge-resources-in-indian-languages

Developer releases WannaCry key-recovery tool for Windows XP

praskrishna — 2017-06-07T01:02:12Z

However, a cyber security expert working with the Centre for Internet and Society, Udbhav Tiwari working on vulnerabilities such as these, said as most ATMs in the country especially of the public-sector banks run on outdated operating systems, or are not updated regularly, they can be easily compromised. Unfortunately, however, a new variant of the program is already in the wild.

The article by Cirilo Laguardia was published by Hoyen TV on May 20, 2017.

Meaning, as he wrote in a blog post this past weekend, agencies like that NSA should have a "new requirement" to report vulnerabilities they find to software makers like Microsoft, instead of stockpiling or selling or exploiting them. Eternal Blue was technically created to spy on key target points that the NSA deems necessary to.

Smith says cyberweapons require a new approach, and governments must "consider the damage to civilians that comes from hoarding these vulnerabilities and the use of these exploits".

"We're looking at many decades of building complex systems - one on top of the other - with no effort to go back to fix what we did wrong along the way", said Wendy Nather, principal security strategist at Duo Security, who has worked in security for 22 years.

And while Smith says Microsoft and other tech companies need to take the lead on combatting these widespread attacks, he highlights the shared responsibility required to protect, detect and respond to threats.

Unfortunately, numerous millions of computers now still running the 2001 operating system never received those updates because their owners refused to pay for it.

WannaCry doesn't seem to be any more virulent or more expensive than other ransomware.

Make sure that your computer is up to date with its Windows updates.

In both cases, these computer owners are the digital equivalent of medical vaccine deniers.

While businesses that failed to update Microsoft's Windows-based computer systems could be sued over lax cyber security, Microsoft itself enjoys strong immunity from lawsuits. When a user clicks on the link, their computer and the information on it is held for ransom while being used to further spread the ransomware. Without doing a thing, when WannaCry came along nearly 2 months later, the machine was protected because the exploit it targeted had already been patched.

According to the company, "customers who are running supported versions of the operating system (Windows Vista, Windows Server 2008, Windows 7, Windows Server 2008 R2, Windows 8.1, Windows Server 2012, Windows 10, Windows Server 2012 R2, Windows Server 2016) will have received the security update MS17-010 in March". These are valid explanations for using obsolete software, but they are not excuses. Unfortunately, far too few people even bother.

WannaCry, developed in part with hacking techniques that were either stolen or leaked from the United States National Security Agency, has infected over 300,000 computers since last Friday, locking up their data and demanding a ransom payment to release it. This is to prevent the ransomware from using the unprotected Windows XP unit as a gateway.

Government agencies running obsolete software is also a huge problem.

While the federal government mostly avoided WannaCry infections, its processes highlight how hard it is for large organizations to modernize.

For more details visit http://editors.cis-india.org/internet-governance/news/hoyen-tv-may-20-2017-cirilo-laguardia-developer-releases-wanna-cry-key-recovery-tool-for-windows-xp