From mrinalinikpillai at gmail.com Sat Sep 1 18:27:25 2007 From: mrinalinikpillai at gmail.com (Mrinalini Kochupillai) Date: Sat, 1 Sep 2007 08:57:25 -0400 Subject: [Commons-Law] IP in India:"Towards a Middle Path" Message-ID: IP in India: "Towards a Middle Path" Text of article available at and at the SpicyIP blog INDIA'S TRYST WITH INTELLECTUAL PROPERTY: TOWARDS A "MIDDLE" PATH? Shamnad Basheer 'If you make the string too tight, it will break. If you make the string too loose, it will not play'. These pearls of wisdom, communicated by a music teacher to his pupil in order to explain to him the optimal tautness of the string of a musical instrument, helped catapult the Buddha to nirvana. It led this saint to articulate the ³Middle Path² ‹ a position that urges one to avoid taking ³extreme² positions. What¹s the connection with intellectual property (IP), you may ask? Well, just as we have religious extremism, we¹re now witnessing an increasing extremism in IP debates as well. Consider the following news headlines that screamed out at us in the wake of the Novartis patent litigation in India: ŒPatents killŠ¹, ŒWe will defy patents to save lives², and others in a similar vein. These statements, reflective of a deep antipathy to patents, ignore the fact that the dispute before the court hinges on a very technical issue about whether or not a new form of a pharmaceutical substance is patentable. Section 3(d) of the Indian Patents Act, 2005, aims to prevent a phenomenon commonly referred to as ³ever-greening² by requiring that, in order to patentable, new forms of existing pharmaceutical substances should demonstrate increased ³efficacy². Novartis¹s patent application covering Gleevec, an anti-cancer drug, was rejected on the ground that it lacked increased ³efficacy². This prompted Novartis to appeal the rejection of its patent, which in turn prompted most of the headlines above! Shouldn¹t the case be permitted to run its course? What credibility would we have left as a country if we introduce terms such as ³efficacy², not known to any other patent regime, and then expect interested stakeholders to desist from taking up the issue before courts in the hope of gaining some clarity on how such terms are to be interpreted? Patents are not Œbad¹ per se, as most of these statements make them out to be. Rather, as with most other things in life, they are susceptible to abuse. In this regard, it is important to strike a distinction between the grant of a patent and the regulation of its Œuse¹. Assuming that the Novartis patent issues, there are plenty of built-in safeguards in India¹s patent regime to ensure that the prices remain in check. Some may point to the fact that Indians have always believed in sharing knowledge, and the institution of a Œknowledge commons¹ since time immemorial. The very notion of intellectual property is, therefore, antithetical to Indian culture. A quick look at history helps dispel this myth. Yes, there was a fair bit of sharing, but predominantly between one class of people, the Brahmins, and any leakage from this class was prohibited and sometimes even visited with severe sanctions ‹ a very effective form of Œtrade secrecy¹, one might say. Of course, the picture is not complete without a look at the extreme views advocated on the other side of the fence ‹ views that extol the one-sided wonders of the patent system, views, for instance, that promise a country like Eritrea rapid innovation and industrial success if only it introduced a patent regime similar to that in the US. Here again, lessons from history help qualify this highly romanticised view of patents. Contrary to popular perception, India had a pharmaceutical product patent regime since 1911, thanks to the British and their propensity to gift colonies with laws/policies that were similar to theirs. And yet, this gift did not help create any indigenous pharmaceutical industry in India ‹ not very surprising, given that most countries need to imitate first before inventing and strong IP regimes stand in the way of permitting such imitation. This colonial regime also resulted in extremely high drug prices. A US Committee investigating drug prices the world over found that in 1961, Meprobamate, an anti-anxiety pill, cost more than twice as much in India as it did in the US! Independent India was therefore keen on breaking away from its colonial past and putting in place a regime that reflected Œnational¹ interest. A committee headed by a sagacious judge, Rajagopala Ayyangar, undertook a quick survey of patent regimes the world over and found that most industrialised nations began by installing regimes that permitted some level of technological imitation. It also found that the chemical industry in India had the potential to reverse engineer drugs. It therefore recommended the abolition of product patents and the introduction of process patents for pharmaceuticals. As process patents are weaker than product patents, the idea was that such patents would not prevent the domestic industry from reverse engineering existing drugs and manufacturing generic versions via alternative processes. The success of the Indian generic industry today is testimony to the far-sightedness of Ayyangar¹s policy. India has imitated for more than 30 years now. So, is this the right time to shift to a product patent regime? Unfortunately, we don¹t have the luxury of asking that question anymore, since TRIPS obligates us to do so, and we did so in 2005. But what we can do is calibrate how much protection we wish to grant to pharmaceutical inventions. Section 3(d) is in many ways an example of such calibration, and reflects India¹s attempt to minimise the impact of product patents by granting it to only those substances that are truly ³inventive². However, it uses terms such as ³efficacy² that haven¹t been defined. And this is why it is critical that we let the Novartis case run its course so that standards for interpreting such terms evolve. India is neither Œdeveloped¹ nor Œdeveloping¹. It is what I would call a Œtechnologically proficient¹ developing country. We¹re strong in certain technology sectors and therefore need to find ways to add incentives to encourage innovation in these areas. Yet 26 per cent of our people live below poverty line and we are ³developing² to that extent. The age-old IP rules that were premised on this neat distinction between developed versus developing countries don¹t fit us anymore. This calls for Œnew¹ norms, and we need to Œinnovate¹ in our IP policy as well, without blindly copying norms created by the west. Perhaps the time is ripe to constitute another committee to help us determine what the optimal Œtautness¹ of our patent/innovation policy string ought to be in today¹s knowledge economy. From k.ravisrinivas at gmail.com Tue Sep 4 11:08:48 2007 From: k.ravisrinivas at gmail.com (ravi srinivas) Date: Tue, 4 Sep 2007 11:08:48 +0530 Subject: [Commons-Law] Yoga and intellectual property rights Message-ID: An article on yoga and intellectual property rights published in Economic & Political Weekly (www.epw.org.in) can be downloaded at no cost from SSRN site. Traditional Knowledge and Intellectual Property Rights: The case of Yoga –Krishna Ravi Srinivas-*Economic & Political Weekly* –Vol. 47 No. 27 & 28, July 14-20, 2007, Pp 2866 – 2871 http://ssrn.com/abstract=1005298 -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070904/3e2b95e4/attachment.html From gopa.kumar at centad.org Fri Sep 7 18:19:56 2007 From: gopa.kumar at centad.org (gopa kumar) Date: Fri, 7 Sep 2007 18:19:56 +0530 Subject: [Commons-Law] Workshop on " Trade & Barriers to Access to Medicines" Message-ID: <005301c7f14d$9a1d8470$f001a8c0@yourc7d1088de8> Workshop on " Trade & Barriers to Access to Medicines" Fellowships for Young Scholars Centre for Trade and Development (Centad) is an independent, not-for-profit organisation that carries out policy research and advocacy on issues around trade and development, with a focus on South Asia. Centad aims to strengthen the ability of governments and communities to make trade and globalisation work for development through research and advocacy, interactions with academia, civil society institutions, policy makers and other stakeholders. One of the key activities of Centad is to develop the capacity of stakeholders and create awareness about various trade and development issues by organising seminars, colloquiums, workshops etc. As part of our work on trade and public health, in the past Centad has worked on issues like IPRs and access to medicines, data exclusivity and consumer drug information. In pursuit of its ongoing work on access to medicines, Centad is conducting a Workshop on: Trade and Barriers to Access to Medicines Date & Venue for the Workshop: 9-12 October 2007 NALSAR University of Law, Hyderabad The purpose of this workshop is to discuss the issues that impede to access to medicines at length in a holistic manner to develop a shared understanding among public interest groups and individuals to ensure a favourable legal and policy regime for enhancing access to medicines in India. It would aim to increase the understanding of the participants to ensure a continuous engagement on these issues. Key issues that will be discussed in the workshop includes Introduction to Access to Medicines, Locating Access in the Indian Health System, Legal and Policy Framework, Pharmaceutical Industry & Policy, R & D, IPR and access, Regulation, Drug Price Control, Drug Procurement and Dispensation, Case Studies, Old and new social movements. In order to promote the participation of young scholars interested in the area of trade and health, Centad would be offering 10 fellowships towards participation in this workshop. Fellowships would cover expenses related to travel, boarding and lodging of the selected candidates. Eligibility: Candidates should be full time students of LLB, MBBS, M Phil/PhD or any other post-graduate programme dealing in public health. Age limit is between 20-30 years. Interested students may apply by submitting a Statement of Purpose (maximum 250 words) explaining why they are interested in attending this workshop, along with their CV at shailly.gupta at centad.org Important Dates: Last Date of Submission of Application: 15 September 2007 Shortlisted Candidates will be contacted by: 23 September 2007 Date of Workshop: 9-12 October 2007 No application received beyond the deadline would be accepted for consideration. Women candidates are encouraged to apply. For further information, contact: Shailly Gupta Centre for Trade and Development (Centad) A1/304, Safdarjung Enclave New Delhi 110029 Ph: 011-41459226 Fax: 011-41459227 Web: www.centad.org -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070907/9e60f65c/attachment.html From skjha at iitb.ac.in Sun Sep 9 13:16:17 2007 From: skjha at iitb.ac.in (Shishir K Jha) Date: Sun, 9 Sep 2007 13:16:17 +0530 (IST) Subject: [Commons-Law] =?iso-8859-1?q?Chitra_Katha_=96_A_Creative_Commons?= =?iso-8859-1?q?=2C_India_Film_Contest=5D?= Message-ID: <4040.10.127.133.2.1189323977.squirrel@gpo.iitb.ac.in> ---------------------------------------------------------------- Chitra Katha – A Creative Commons, India Film Contest Visit: Avenues http://www.sjmsom-avenues.com, http://cc-india.org On the occasion of the 60th anniversary of India's independence, Creative Commons India is organizing a short film contest, on 'Better governance Through Right To Information.' We at Creative Commons [CC], India feel that the effective use of the Right to Information is really critical for creating better governance models across the length and breadth of our country. The CC movement and the RTI campaign commonly believe that information made available either through disclosure or through liberal copyright licensing is a great public asset. Such ease of access can play a decisive role in creating more transparency, accountability and hopefully more citizen participation in daily governance. Creative Commons [CC], India seeks to provide a decisively more flexible approach to copyrighting. It believes in empowering the user by voluntarily waving away some of its copyrights. The plan: Contestants will be invited to make a short film up to 5 minutes in length in Hindi or English based on the dramatization of preferably a true story on - "Better Governance Through Right To Information'. The top 5 films will be given exciting awards and chosen for viewing at Avenues at a special prize distribution ceremony. Dates: September 05: Registration for contest starts October 14: Closing of registration October 25: Declaration of results on sites October 27/28: Prize distribution ceremony during Avenues, IIT Bombay. Supported and sponsored by Creative Commons, India Knowledge Partner: National Campaign for People’s Right to Information (NCPRI) Shishir K. Jha Project Lead: Creative Commons, India IIT Bombay, Powai Bombay 400 076 Maharashtra ------------------------------------------------- Phone: +91.22.25767845(Work),25767781/82(Ext.7845) Fax: +91.22.25722872 (SOM-office) -------------------------------------------------- ************************************************************ Help build a sharing culture: participate in 'Chitra Katha', a Creative Commons, India Film Contest: Visit http://www.sjmsom-avenues.org/; http://cc-india.org ************************************************************ From prashantiyengar at gmail.com Thu Sep 13 10:43:19 2007 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 13 Sep 2007 10:43:19 +0530 Subject: [Commons-Law] Fwd: [A2k] CCIA Study: Dollar value of fair use for US industries In-Reply-To: References: Message-ID: <908adbd0709122213u4bc9ff7cy55dd244805cca603@mail.gmail.com> Interesting study on the beneficial impact of fair use. Now anti-copyright activists also have their very own hyperbolic dollar figures. Yay. Prashant ---------- Forwarded message ---------- From: Manon Ress Date: Sep 13, 2007 3:45 AM Subject: [A2k] CCIA Study: Dollar value of fair use for US industries To: a2k discuss list - -- [ Picked text/plain from multipart/alternative ] Fair Use Economy Represents One-Sixth of U.S. GDP File Under: News, 2007, Copyright, CCIA http://www.ccianet.org/artmanager/publish/news/First- Ever_Economic_Study_Calculates_Dollar_Value_of.shtml Sep 12, 2007 WASHINGTON D.C. - Fair Use exceptions to U.S. copyright laws are responsible for more than $4.5 trillion in annual revenue for the United States, according to the findings of an unprecedented economic study released today. According to the study commissioned by the Computer and Communications Industry Association (CCIA) and conducted in accordance with a World Intellectual Property Organization methodology, companies benefiting from limitations on copyright- holders' exclusive rights, such as "fair use" – generate substantial revenue, employ millions of workers, and, in 2006, represented one- sixth of total U.S. GDP. The exhaustive report, released today at a briefing on Capitol Hill, quantifies for the first time ever the critical contributions of fair use to the U.S. economy. The timing proves particularly important as the debates over copyright law in the digital age move increasingly to center stage on Capitol Hill. As the report summarizes, in the past twenty years as digital technology has increased, so too has the importance of fair use. With more than $4.5 trillion in revenue generated by fair use dependent industries in 2006, a 31% increase since 2002, fair use industries are directly responsible for more than 18% of U.S. economic growth and nearly 11 million American jobs. In fact, nearly one out of every eight American jobs is in an industry that benefits from current limitations on copyright. "As the United States economy becomes increasingly knowledge-based, the concept of fair use can no longer be discussed and legislated in the abstract. It is the very foundation of the digital age and a cornerstone of our economy," said Ed Black, President and CEO of CCIA. "Much of the unprecedented economic growth of the past ten years can actually be credited to the doctrine of fair use, as the Internet itself depends on the ability to use content in a limited and nonlicensed manner. To stay on the edge of innovation and productivity, we must keep fair use as one of the cornerstones for creativity, innovation and, as today's study indicates, an engine for growth for our country" The Fair Use exception to U.S. copyright law, as codified in Section 107 of the U.S. Copyright Act of 1976 states, "The fair use of a copyrighted work … is not an infringement of copyright." Fair use permits a range of activities that are critical to many high technology businesses such as search engines and software developmers. As the study indicates, however, fair use and related exceptions to copyright are crucial to non-technology industries as well, such as insurance, legal services, and newspaper publishers. The dependence of industries outside the high-tech field illustrates the crucial need for balanced copyright law. ************************************************************************ *** Manon Anne Ress manon.ress at keionline.org, 1621 Connecticut Ave, NW, Washington, DC 20009 USA Tel.: +1.202.332.2670, Ext 16 Fax: +1.202.332.2673 1 Route des Morillons, CP 2100, 1211 Geneva 2, Switzerland Tel: +41 22 791 6727 24 Highbury Crescent, London, N5 1RX, UK Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607 _______________________________________________ A2k mailing list A2k at lists.essential.org http://lists.essential.org/mailman/listinfo/a2k -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070913/7c4e195c/attachment.html From shveta at sarai.net Thu Sep 13 19:24:46 2007 From: shveta at sarai.net (Shveta) Date: Thu, 13 Sep 2007 19:24:46 +0530 Subject: [Commons-Law] Magicians innovate without IP law Message-ID: <46E94126.1080006@sarai.net> Hello This blog would be of interest to some on the list. robmyers / Free Culture, Free Software, Free Society / http://www.robmyers.org/weblog/ Have a look at the reference to the paper on magicians innovating without IP law. http://www.boingboing.net/2007/09/12/magicians-innovate-w.html (Had to follow a few links - but the entire paper is downloadable from http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1005564_code627178.pdf?abstractid=1005564&mirid=1) best shveta ---------------- robmyers Free Culture, Free Software, Free Society http://www.robmyers.org/weblog/ Some recent posts: * Magicians innovate without IP law - Boing Boing “stage magicians protect the secrets behind their tricks, and continue to come up with great new ideas, without getting caught up in the insanity of intellectual property law” But they are a closed social network… (tags: ip-maximalism notes-towards-free-culture alternative-ip) * Help Wikipedia help you: CC license your images - Creative Commons “I like this advice for the obvious reason (encouraging CC licensing, especially under a liberal CC license), but the remarkable thing is that following this “Search Engine Optimization” advice contributes to the greater good.” (tags: creative-commons the-market-works wikipedia notes-towards-free-culture) * Outtakes « Where are the Joneses? Every good comedy needs a blooper reel at the end. (tags: where-are-the-joneses bloopers outtakes) * I Need Closure(s): ‘Programming Collective Intelligence’ in Common Lisp, Chapter 2 “I’ve decided to put up my own Common Lisp examples” (tags: lisp code example collective-intelligence) ------------ From ami.parekh at yale.edu Fri Sep 14 03:47:14 2007 From: ami.parekh at yale.edu (Ami Parekh) Date: Thu, 13 Sep 2007 18:17:14 -0400 Subject: [Commons-Law] Information Society Project Executive Director Announcement In-Reply-To: References: Message-ID: <1E636186-4A1E-4876-B0C6-1208F053C9F8@yale.edu> Executive Director, Information Society Project at Yale Law School The Information Society Project at Yale Law School seeks applications for the position of executive director. The Information Society Project was founded in 1997 to study the effects of new information technologies on law and society. The ISP currently hosts a number of resident and visiting fellowships for recent graduates of law and graduate programs interested in careers in teaching and public policy. It maintains a network of global fellows and partnerships with institutions in many different countries around the world. Its signature initiative in recent years has been the promotion of Access to Knowledge. The ISP has also maintained research initiatives in biotechnology, computer security, privacy, freedom of speech, civil liberties and democracy both in the United States and around the world. It holds conferences, reading groups and seminars and produces research on the key issues and challenges of the Information Society. The Executive Director oversees all aspects of the Information Society Project's programs-- including the ISP's Access to Knowledge (A2K) Initiative. The Executive Director helps select ISP fellows and directs their activities and research, maintains connections with global partners around the world, plans conferences and special events, and assists in fundraising efforts. There are also opportunities for co-teaching and clinical teaching under the supervision of the ISP Director, Professor Jack M. Balkin. The executive director also helps the director develop J.D. and LL.M. students who seek careers in teaching, government service and policy activism related to Information Society and Access to Knowledge issues. The ISP is looking for applicants who will make a commitment of between three and five years. Qualifications include a graduate of a law school or a Ph.D program who has a distinguished academic record; administrative talents; knowledge about Information Society issues, including in particular issues concerning intellectual property, telecommunications, and Internet regulation; ease and enjoyment in writing, demonstrated through publications, research papers, dissertations, briefs, or other materials authored by the applicant; public speaking ability and the ability to represent the ISP in conferences and in networking and fundraising efforts; the ability to work with students, alumni/ae; faculty, staff, and lawyers and policy activists working outside the University. Prior teaching and or litigation experience is helpful but not required. Salary will be commensurate with experience. Applicants can find out more details about the ISP’s work by visiting the ISP website at www.law.yale.edu/isp/. Applicants should provide a resume, lists of references (including at least one academic reference and at least one reference with whom the applicant has worked closely within the last two years); examples of written work (including copies of relevant publications, reports, research papers, essays or briefs); and a law school or graduate school transcript. Please send all materials (by email and hard copy) to Deborah Sestito, Administrative Assistant for the Program, at Yale Law School, by October 25, 2007. For further information, please contact Ms. Sestito at deborah.sestito at yale.edu who will route your inquiries promptly. -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070913/c55afe83/attachment.html From anujbhuwania at gmail.com Fri Sep 14 14:15:41 2007 From: anujbhuwania at gmail.com (Anuj Bhuwania) Date: Fri, 14 Sep 2007 14:15:41 +0530 Subject: [Commons-Law] Talk: How Law Shaped Labour Relations in Colonial India Message-ID: DSA Programme Department of History University of Delhi invites you to * ** * * From Contract to Status? * * Or How Law Shaped Labour Relations in Colonial* * India, 1770-1920* A lecture by *Dr.* *Prabhu Mohapatra* (Department of History, Delhi University) on * 19th September *(Wednesday) at 2:30 p.m. Venue:* M.A. Final Classroom, Social Science Building, Arts Faculty * *Abstract of the lecture: * A central issue in Indian labour history has been the extent to which the colonial state moulded labour relations in India. Did the colonial state and its imposition of rule of law effect a change albeit gradual, from "Indian status to British contract"? Or did Colonial labour laws have but little effect on ground realities of indigenous labour relations which were marked by persistence of status relations based on caste and domination by the local magnates? Framed by the classic formulation of Henry Maine, the movement from status to contract has particular relevance for conceptualizing the transition from unfree to free labour under colonial aegis. In this paper Dr. Mohapatra intends to take up the emergence of " contract" induced "unfree labour relations to throw light on the issues of " labour bondage"... His argument will rest on demonstrating how " British" status relations inherent in British contractarian ideology melded into and reproduced " Indian" status relations". He will analyze colonial legal construction of freedom of contract in four groups of interrelated legislative action initiated by the colonial state to regulate labour relations in different contexts and different time periods. What marked out these legislative actions in each instance was the persistence of the principle of criminal breach of contract applicable only to labourers and workmen and not to their employers." Through this he aims to trace how and why the Colonial state attempted to reconcile the contradictions inherent in the Contract doctrine, i.e between principle of contractual equality of employers and workers on the one hand and "criminal sanctions" which seemed to assign a peculiar legal status to the workers on the other. Henry Maine as Law member of Governor General's council during the post Mutiny era of Grand Codification of law played a crucial role in this process. As the drive for codification of ground to a halt in 1880s; for the next forty years, the employment relations with criminal sanctions attached to breach of contracts by servants and workmen remained in the shadowy underbelly of the legal system without being substantially incorporated into either of the great divison of legal codes of India. This paper will thus demonstrate the paradoxical result of status being produced through contract in colonial India thereby apparently reversing Henry Maine's classic formulation.. This paper is part of larger project on the genealogy of contemporary legal regulation of labour relations in India *About the Speaker:* Dr. Mohapatra specializes in the history of labour, migration and identity formation. He teaches courses related to these areas. ------------------------------ __,_._,___ -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070914/317c1592/attachment.html From jagadeesh_bn at yahoo.com Fri Sep 14 14:43:11 2007 From: jagadeesh_bn at yahoo.com (jagadeesh BN) Date: Fri, 14 Sep 2007 02:13:11 -0700 (PDT) Subject: [Commons-Law] Tibet Activist Goes Missing Message-ID: <980137.25028.qm@web50312.mail.re2.yahoo.com> Press Release: Tibet Activist Goes Missing September 14, 2007 Tibet Activist and Researcher Mr CA Kallianpur (54) has gone missing since September 11, 2007, and there has been no news of him up to now. Kallianpur, who is the National Coordinator of Friends of Tibet, was travelling from Bombay to New Delhi to organise a conference on "India's Foreign Policy on China" at the India International Centre, New Delhi to be held on September 13, 2007. He was travelling by Paschim Express (2925) with his Tatkal ticket but never reached the Gandhi Peace Foundation, New Delhi, where he was supposed to reach by 11:30am on September 12, 2007. Family and friends of Kallianpur have been frantically searching for him since then. Both the Railway Police Station at Bandra in Mumbai and New Delhi refused to accept missing person reports, saying that they are not duty bound to do so in this case. However, the police stations agreed to keep personal details of the missing person and the search party's contact details. Through our efforts, we could trace the mobile number, which Kallianpur was carrying at the time of travelling, to Jaipur in the Rajasthan circle and which was picked up by someone named Jeetendra on September 12, 2007 at 6:39pm and at 6:49pm. We could also hear the voices of some other people in the background. The mobile is switched off since yesterday. Though we believe that robbery was the reason behind his disappearance, we do not rule out other possibilities due to the seriousness of the work he is involved with. He was on his way to New Delhi to coordinate a panel discussion on "India's China Policy- Need for an Overhaul" organised by Friends of Tibet on September 13, 2007. It was conceptualised by Kallianpur himself with speakers like: Prof Bharat Karnad (National Security Studies, Centre for Policy Research), Dr Mohan Guruswamy (Centre for Policy Alternatives Society) Dr Shrikanth Kondapalli (Chinese Studies, Jawaharlal Nehru University) and Dr LL Mehrotra (Former Secretary, Ministry of External Affairs). What further fuels the suspicion of foul play and motives beyond robbery, is that in a similar case, only about 18 days ago (August 24, 2007) Geenpeace and Friends of Tibet Campaigner VJ Jose was drugged on a train while returning from New Delhi to Kerala was found unconscious at Jhansi railway station in Madhya Pradesh. There were marks of severe beatings on his feet. - - - - - - - - - - Personal details: Height 5.3 feet, wheatish complexion, speaks Hindi, English, Marathi and Konkani. He was carrying a brown suitcase while travelling. Usually wears trousers and full-sleeved shirts. He has streaks of gray hair though he keeps it short. He wears spectacles all the time. (Please see the latest photo we are sending along with this press release.) - - - - - - - - - - Any information on Kallianpur would be highly appreciated. Please contact: 9833191592 (Sethu Das), 9418079832, 9971448216 (Tenzin Tsundue) / 9810205217 (Chaman Sharma) or email: support at friendsoftibet.org "Ideology is a luxury of wealthy and secure in the society and not a tool of change in the hands of Backward, Black and Non-English Speaking" Byatha N.Jagadeesha Advocate Ph: (M)91-9448043941/(R)91-80-28479021. ____________________________________________________________________________________ Shape Yahoo! in your own image. Join our Network Research Panel today! http://surveylink.yahoo.com/gmrs/yahoo_panel_invite.asp?a=7 From anujbhuwania at gmail.com Fri Sep 14 15:24:59 2007 From: anujbhuwania at gmail.com (Anuj Bhuwania) Date: Fri, 14 Sep 2007 15:24:59 +0530 Subject: [Commons-Law] Sabharwal case: Judgment holding 'Midday' journalists guilty of contempt Message-ID: IN THE HIGH COURT OF DELHI AT NEW DELHI CONTEMPT CAS. (CRIMINAL) NO.7 OF 2007 Reserved on : August 20, 2007 11.09.2007 Date of Decision: September 11, 2007 COURT ON ITS OWN MOTION Through: Mr. Ashok Bhasin, Sr. Advocate with Mr. Yogesh Chandra and Mr. A.K. Shan, Advocates. versus $ M.K. TAYAL and ORS. ............ Contemnors Through: Mr. Shanti Bhushan, Sr. Advocate with Mr. Prashant Bhushan, Mr. Ankit Kumar Mehta and Mr. Rohit Kumar Singh, Advocates. CORAM: HON'BLE MR. JUSTICE R.S. SODHI HON'BLE MR. JUSTICE B.N. CHATURVEDI 1.Whether Reporters of local papers may be allowed to see the judgment? [YES] 2.To be referred to the Reporter or not? [YES] 3.Whether the judgment should be reported in the digest? [YES] J U D G M E N T R.S. SODHI, J. 1. On 21.5.2007, a Senior Advocate of this Court, Sh. R.K. Anand, placed before us a copy of the Newspaper ?Mid Day? dated 18.5.2007 (Friday) in which he alleged that a scandalous article maligning the former Chief Justice of India and tending to lower the image of the judiciary in the eyes of common man has been published. The Newspaper was placed before us and we, on going through the news item, were prima facie of the view that the publication did tend to lower the image of the judiciary in the eyes of public. Consequently, we issued show cause notice to Sh. M.K. Tayal, Editor, Mid Day, Mr. Vitusha Oberoi and Mr. S.K. Akhtar, its Printer and Publisher. 2. On 25.5.2007, Sh. R.K. Anand, learned Senior Advocate filed yet another copy of the Newspaper ?Mid Day? dated 19.5.2007 which carried a cartoon by Mr. Md. Irfaan Khan, Cartoonist. The cartoon depicted the former Chief Justice of India in his robes holding a bag with currency flowing out. It also depicted a man sitting on the side walk saying ?Help The mall is in your court? which we thought was also aimed at lowering the image of the judiciary. Consequently, we issued show cause notice to Mr. Md. Irfaan Khan also. 3. Upon notice being served, the contemnors have filed their affidavits in which they have taken up a defence that sons of the former Chief Justice of India have benefited by orders made by the Supreme Court and that they were operating their businesses from the official residence of Justice Y.K. Sabharwal. They claimed that whatever has been stated in the publications is the truth which, according to them, is a permissible defence. 4. We have carefully gone through the affidavits filed by the contemnors and have heard extensive arguments advanced by Mr. Shanti Bhushan, learned Senior Advocate. It is contended before us that the attack in the Press is focused on the Ex-Chief Justice of India at a time when he has ceased to be in office and therefore, cannot be termed as denigrating the authority of the Supreme Court. It is contended that propriety demanded that the Chief Justice of India ought not to have been on the Bench which passed orders concerning sealing of properties where non-conforming activities were going on and further that it is the duty of a journalist to expose the corruption in the judiciary at the highest level. He also contends that the material on record is ample proof of the fact that the sons of the former Chief Justice of India were beneficiaries of sealing of commercial premises. Learned counsel further contends that he is not challenging the correctness of the order of the Supreme Court but the order of former Chief Justice of India, who was presiding member of the Bench and who by his impropriety passed orders sealing premises in which commercial activities were being conducted in Delhi in order to benefit his sons' business. 5. We have carefully gone through the articles published as also the cartoon. We find the manner in which the entire incidence has been projected appears as if the Supreme Court permitted itself to be led into fulfilling an ulterior motive of one of its members. The nature of the revelations and the context in which they appear, though purporting to single out former Chief Justice of India, tarnishes the image of the Supreme Court. It tends to erode the confidence of the general public in the institution itself. The Supreme Court sits in divisions and every order is of a Bench. By imputing motive to its presiding member automatically sends a signal that the other members were dummies or were party to fulfill the ulterior design. This we find most disturbing. There is sufficient case law on the subject and we need hardly add any further material to it. Suffice it to say, the Supreme Court in Haridas Das Vs. Smt. Usha Rani Banik and Ors.; Civil Appeal No.7948 of 2004, has clearly laid down the 'Laxman rekha' which we feel the publications have crossed. The publications in the garb of scandalizing a retired Chief Justice of India have, in fact, attacked the very institution which, according to us, is nothing short of contempt. We, therefore, hold Mr. M.K. Tayal, Editor Mid Day, Mr. S.K. Akhtar, Publisher, Mrs. Vitusha Oberoi, Resident Editor and Mr. Md. Irfaan Khan, the Cartoonist, guilty of contempt of court. The matter to be listed on September 21, 2007, when the contemnors shall be present to be heard on the question of sentence. Sd/- [R.S. SODHI] JUDGE Sd/- [B.N. CHATURVEDI] JUDGE SEPTEMBER 11, 2007 'AA' For related news items see: http://www.thehindu.com/2007/09/12/stories/2007091262671700.htm http://www.outlookindia.com/pti_news.asp?id=502924 From patrice at xs4all.nl Fri Sep 14 16:28:57 2007 From: patrice at xs4all.nl (Patrice Riemens) Date: Fri, 14 Sep 2007 12:58:57 +0200 (CEST) Subject: [Commons-Law] Toni Prug: Ethics of death ought not be our law. Message-ID: <8509.161.53.47.3.1189767537.squirrel@webmail.xs4all.nl> Original to: http://www.yaxwe.org/bin/view/Yaxwe/EthicsOfDeathWhatLawWhatPirates or: http://tinyurl.com/ysvz4c ;-) http://www.yaxwe.org is currently going on - join the WiKi (if u like) --------------------------------------- Yaxwe»YaxwePracticeOfTheory07»EthicsOfDeathWhatLawWhatPirates ethic of law? WHAT LAW? ethics of death ought not be our law. hacking needs access to what it hacks on, and it needs sharing to grow the knowledge of how it operates. law aims to limit access to achieve control of wealth production and distribution and control of the life itself. law in general, not just ITC law, is opposed to the ethics of hacking. in its most extreme case in our lifetime, law prevents access to recipes for life saving drugs in the cases of both AIDS and malaria epidemics that combined kill millions each year, reducing sub Saharan average life expectancy to 47 years, down from expected 62. One of the biggest obstacles to combating AIDS is ethics of law which prevents recipe for drugs to be shared. No humans, let alone hackers, should support such ethics. Software patents and copyright are part of the same ethics of law which allows AIDS and and malaria epidemics to occur - it is ethics of prevention of access and concentration of wealth and command over society. It is also ethics which does not kill directly millions year after year, but is complicit in their deaths by preventing access to cure. It is ethics of death. piracy? WHAT PIRACY? Capitalist parliamentarianism (in its propaganda materials known as liberal democracy) is based on the idea that majority should determine, via its representatives, how a state is governed and economy run. Cisco tell us in their marketing materials that vast majority of internet traffic today is p2p traffic. If vast majority of users practice p2p and disregard law, should not then, by the capitalist parliamentary logic of majority rule, law be changed, since that is what majority wants? Parliaments and representatives act to prevent us from having laws that will act on our behalf, regardless of our position of minority of majority - the logic by which they operate is different, it is logic of capital. The hacks we desperately need are in the realm of thoughts - We need to change our thinking about the law and its relations to politics, while continuing expansion of p2p technologies and techniques. If more hacking of ideas/thoughts was discussed and encouraged, we would soon render discussions on piracy/laws/illegal/legal obsolete. Instead, we would focus on what political and economic structures do we want, to protect what/whom, to encourage what? -- ToniPrug - 13 Sep 2007 From sarah.turner at manchesterurbanscreens.org.uk Thu Sep 13 22:53:43 2007 From: sarah.turner at manchesterurbanscreens.org.uk (Sarah Turner) Date: Thu, 13 Sep 2007 19:23:43 +0200 Subject: [Commons-Law] Urban Screens Manchester Newsletter 4 Message-ID: <017601c7f62a$d5eff280$1db2a8c0@sarahj6y7loy0> Urban Screens Manchester Conference 11 - 12 October Art and Events 11 - 14 October It's about Content! SPECIAL OFFER - BOOK BEFORE SEPTEMBER 30th Two days: GBP80 / GBP60 concs One day: GBP60 / GBP40 concs DELEGATE RATES AFTER SEPTEMPER 30th Two days: GBP100 / GBP80 concs One day: GBP80 / GBP60 Take a closer look at selected focus and poster sessions on aesthetics and their role as communication medium on day 2 of the conference. Focus Session 2: Towards a New Aesthetics of Screen Art in the Urban Environment, Cornerhouse The audiovisual density of urban spaces is rapidly increasing. Adding large scale moving images to the already dynamic cityscape may overstrain the capacity of human perception. What is the definition of 'too much' with regards to moving images in public space? Can people live with an increased amount of activity within urban space? Are there existing moving image formats suitable for display in urban space? Or does the audiovisual density and increased rhythm of the city demand a completely new aesthetics? Moderator Susanne Jaschko (DE) is the curator of Urban Screens Manchester 07. She is a Berlin based independent curator and researcher in contemporary visual and electronic art. Uta Caspary (DE) will throw light upon digital media as ornament in contemporary architecture facades. She looks at how, in the present urban context, media facades oscillate between art, architecture and infotainment, replacing and expanding the function of architectural ornament. Jean-Claude Bustros (CA) engages with cinema that transcends the screen, seeking strategies for human/image interaction. He is currently exploring how the strategic placement of a 'perceptive' screen, capable of reaction, can impact the daily activity of urban dwellers. Media artist Günther Selichar (AT) will present Who's Afraid of Blue, Red and Green?, an online competition and public art project based on the elementary visual building blocks of digital display screens. He looks at how screens have come to the public squares of our cities and re-established the old public space as a possible new public space. Poster Session: Towards a New Aesthetics of Screen Art in the Urban Environment, Cornerhouse Anette Schäfer (DE/UK) director of Trampoline, an organisation that runs regular platform events for new media art, will present examples of artists working with other forms of screen-like interfaces, illustrating alternative usages and formats of screens. Theresa Caruana (UK) established Palmeda in 2005, focusing on creating public art using digital projections and live performance. She will investigate the meaningful integration of urban screens in social environments. Dr Stephen Brennan (UK), Director of Marketing and Strategy of the Digital Hub Development Agency, will exemplify the role of the screen in urban regeneration which can act as a device by which communities can address concerns and ideas. Register your interest now at www.manchesterurbanscreens.org.uk Urban Screens Manchester has been curated by Dr Susanne Jaschko . Urban Screens Manchester has been supported by Cornerhouse and BBC. It has been funded by Arts Council England, Manchester City Council, Marketing Manchester. With support from MDDA and Manchester Knowledge Capital. ................................................. Sarah Turner International PR Urban Screens Manchester 07 www.manchesterurbanscreens.org.uk +49 (0)162 526 5624 -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070913/20b16e45/attachment.html From prashantiyengar at gmail.com Mon Sep 17 11:23:02 2007 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Mon, 17 Sep 2007 11:23:02 +0530 Subject: [Commons-Law] Fwd: [A2k] Invitation to IISD E-conference on Internet Governance and Sustainable Development In-Reply-To: <47AB1D483BC00940AC5DE54F9587ACAD0333BA59@proton.iisd.ca> References: <47AB1D483BC00940AC5DE54F9587ACAD0333BA59@proton.iisd.ca> Message-ID: <908adbd0709162253l6f41f423p38d9f43d2811a29a@mail.gmail.com> ---------- Forwarded message ---------- From: Tony Vetter Date: Sep 14, 2007 8:59 PM Subject: [A2k] Invitation to IISD E-conference on Internet Governance and Sustainable Development To: a2k at lists.essential.org Dear friends and colleagues, >From September 17 to 28, the International Institute for Sustainable Development (IISD) is hosting an e-conference to engage researchers, practitioners and policy analysts in an open discussion on the intersections between Internet governance and sustainable development. Your participation will help advance the debate. Please visit the following url for full details, http://www.iisd.org/infosoc/gov/igsd/, or read on for a brief summary. We would be grateful if you could share this announcement with colleagues who may be interested in participating. Sustainable development efforts cannot be conceived without global communications and knowledge exchange: therefore, the outcomes of the Internet governance debate will affect our ability to manage the social, environmental and economic factors of sustainable development. Beyond this fundamental link, numerous and diverse issue areas exist where the Internet governance and sustainable development policy communities could discover mutual challenges and learn from each others approaches to confronting them, setting the stage for future cooperation. Over the past year, in collaboration with partners and stakeholders, the International Institute for Sustainable Development (IISD) proposed to focus on five areas in which further exploration of potential links between these two communities could be anchored: - governance processes; - economic barriers to development; - the capacity of developing countries to participate in international governance; - access to local knowledge as a critical input to decision-making; and - indicators for development. By commissioning a pair of exploratory papers on each of these topics, IISD aimed to expand the links between these two communities of researchers and practitioners who have spent over three decades working in relative isolation from one another, creating gaps in vocabulary and culture. Each of these papers defines the issue area; describes its relevant governance structures and processes; identifies the main issues currently being debated; articulates actual and potential links between ICTs/Internet governance and sustainable development; and proposes areas for further study. The purpose of this e-conference is to give participants an opportunity to share their thoughts, comments, or questions regarding the content presented in these paper pairs. You are encouraged join this e-conference to engage other participant in a discussion of common positions, mutual challenges and differences, and how lessons from one side might inform progress on the other, in the context of each issue area. Copies of the papers can be downloaded at http://www.iisd.org/infosoc/gov/igsd/, and an email containing links to the papers will be sent when you confirm your subscription. ** HOW TO PARTICIPATE ** You can subscribe via the WWW. Please see: To participate via e-mail, here are the basic commands: SUBSCRIBING: Send a message to with the following command in the body of your email message: subscribe igsd [your name] MODERATOR / LIST OWNER: If you have any questions about the list or problems with your subscription please contact the list owner at: _______________________________________________ A2k mailing list A2k at lists.essential.org http://lists.essential.org/mailman/listinfo/a2k -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070917/961602af/attachment.html From a_prabhala at yahoo.co.uk Tue Sep 18 19:46:55 2007 From: a_prabhala at yahoo.co.uk (Achal Prabhala) Date: Tue, 18 Sep 2007 19:46:55 +0530 Subject: [Commons-Law] the piracy paradox Message-ID: <006701c7f9fe$93f84800$0201a8c0@admin1fc4cbf38> http://www.newyorker.com/talk/financial/2007/09/24/070924ta_talk_surowiecki The Financial Page The Piracy Paradox by James Surowiecki September 24, 2007 In 1932, a group of American fashion manufacturers found themselves beset by a proliferation of cheap knockoffs. Designs, then as now, were not protected by patents or copyrights, so the manufacturers decided to take direct action to stop the copying. They set up the Fashion Originators Guild of America to monitor retailers and keep track of original designs; if you look at vintage dresses from the thirties, you can find labels reading "A registered original design with Fashion Originators Guild." Retailers selling knockoffs were "red-carded," and guild members wouldn't sell their merchandise to red-carded stores. This was unpopular with the retailers, but it seems to have put a damper on the copying. The only hitch in the plan was that it was illegal: in 1941, the Supreme Court ruled that the manufacturers' arrangement violated antitrust law, and the knockoff artists stayed in business. In the decades since, copying has remained ubiquitous in the fashion industry. Fashion-forward but low-priced retailers like H & M and Zara have flourished, thanks to their ability to take designs from Milan to the mass market. Private-label designers for major department stores trumpet the fidelity of their imitations. And almost as soon as hot new designs appear on the runway, photographs and drawings of them are on their way to Chinese factories that can produce reasonable facsimiles at a fraction of the cost. Designers are as annoyed by this as their prewar forebears were, and so Congress now finds itself considering a bill, pushed by the Council of Fashion Designers of America, that would give original designs a legal protection similar to copyright. Designers' frustration at seeing their ideas mimicked is understandable. But this is a classic case where the cure may be worse than the disease. There's little evidence that knockoffs are damaging the business. Fashion sales have remained more than healthy-estimates value the global luxury-fashion sector at a hundred and thirty billion dollars- and the high-end firms that so often see their designs copied have become stronger. More striking, a recent paper by the law professors Kal Raustiala and Christopher Sprigman suggests that weak intellectual-property rules, far from hurting the fashion industry, have instead been integral to its success. The professors call this effect "the piracy paradox." The paradox stems from the basic dilemma that underpins the economics of fashion: for the industry to keep growing, customers must like this year's designs, but they must also become dissatisfied with them, so that they'll buy next year's. Many other consumer businesses face a similar problem, but fashion-unlike, say, the technology industry-can't rely on improvements in power and performance to make old products obsolete. Raustiala and Sprigman argue persuasively that, in fashion, it's copying that serves this function, bringing about what they call "induced obsolescence." Copying enables designs and styles to move quickly from early adopters to the masses. And since no one cool wants to keep wearing something after everybody else is wearing it, the copying of designs helps fuel the incessant demand for something new. The situation is not necessarily easy on designers, who have to keep coming up with new ideas rather than being able to milk a trend for years. But it means that in the industry as a whole there is more innovation, more competition, and probably more sales than there otherwise would be. And the absence of copyrights and patents also creates a more fertile ground for that innovation, since designers are able to take other people's ideas in new directions. Had the designers who came up with the pinstripe or the stiletto heel been able to bar others from using their creations, there would have been less innovation in fashion, not more. If copying were putting a serious dent in designers' profits, it might slow the pace of innovation, since designers would have less incentive to produce good work. But while knockoffs undoubtedly do steal some sales from originals, they are, for the most part, targeted at an entirely different market segment-people who appreciate high style but can't afford high prices. That limits the damage knockoffs do, as does the fact that fashion is one of the few industries in the world where people are still willing to pay a considerable premium to own original brands instead of imitations. (That's why counterfeits, which pretend to be original products, are illegal.) The best evidence of this is the fact that luxury-goods makers, far from cutting their prices in response to the knockoff boom, have instead been able to raise prices consistently. In fact, given the importance to fashion of what the law professor Jonathan Barnett calls "aspirational utility"-the enjoyment people get from imitating the life style of the rich and famous-one might think of knockoffs as being like gateway drugs: access to the lower-quality version makes buyers all the more interested in eventually getting the real stuff. The fashion industry is not alone in its surprising mixture of weak intellectual-property laws and strong innovation: haute cuisine, furniture design, and magic tricks are all fields where innovators produce new work without being able to copyright it. This doesn't mean that we can always do without copyrights and patents, and fashion has unique characteristics that limit the damage that copying can do: it's relatively cheap to come up with new designs, there's a culture of novelty, and people are willing to pay more for the right brands. But we should be skeptical of claims that tougher laws are necessarily better laws. Sometimes imitation isn't just the sincerest form of flattery. It's also the most productive. ? ILLUSTRATION: CHRISTOPH NIEMANN From prashantiyengar at gmail.com Wed Sep 19 16:50:22 2007 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Wed, 19 Sep 2007 16:50:22 +0530 Subject: [Commons-Law] New York Times to Stop Charging Web Fees Message-ID: <908adbd0709190420j7ea79df5g3a3588ba4118a92@mail.gmail.com> Sorry for cross-posting. http://news.technology.findlaw.com/ap/f/66/09-18-2007/59d500198fca08f3.html New York Times to Stop Charging Web Fees SETH SUTEL AP Business Writer (AP) - NEW YORK-The New York Times is scrapping a two-year-old program to charge fees for access to parts of its Web site, including op-ed columnists and archives dating back to 1987. As of midnight Tuesday, the Times will discontinue its TimesSelect feature, which cost $49.95 per year or $7.95 by the month. Home delivery subscribers were able to sign up for free. The Times announced the decision late Monday after a story about it appeared on the paper's Web site. The move reflects a growing shift in thinking in the media industry, where it had once been thought that charging for access to some or all of a Web site was the best strategy for making money. But in recent years, the amount of money being spent on online advertising has been surging, offering other alternatives for making profits online. Two years after its September 2005 launch, TimesSelect had 227,000 online-only paying customers, while another 471,200 received it for free as a benefit of their home delivery subscriptions. Another 89,200 received it for free on college campuses, for a total base of 787,400. "A lot has changed since the time we launched TimesSelect," Vivian Schiller, the manager of NYTimes.com, said in an interview Monday. Among other things, the Times found ways to fine-tune the way search engines combed articles at the site, offering new opportunities to build online traffic, Schiller said. She also said many more users were coming to the site after being directed there by search engines such as Google Inc.'s. Among other newspapers, Pearson PLC's Financial Times charges for access to some of its Web site, and The Wall Street Journal has the largest paid online base with about 1 million users, but that strategy is also being reconsidered and could be one of several changes under the Journal's new owner, Rupert Murdoch, whose media conglomerate News Corp. has agreed to buy Dow Jones & Co. for $5 billion. While it was running, using TimesSelect was the only way to get online access to several news and opinion columnists at the Times, including all of its op-ed columnists. As of midnight Tuesday, access to nearly all of the material that had been limited to TimesSelect users will be free. Article archives going back the last 20 years will be free, and so will older archives from 1851 and 1923, which are in the public domain. The Times will still charge a fee for access to archived stories published between 1923 and 1986. 2007-09-18T00:11:52Z -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070919/d3ddeaf0/attachment.html From prashantiyengar at gmail.com Thu Sep 20 11:48:12 2007 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 20 Sep 2007 11:48:12 +0530 Subject: [Commons-Law] Majority of subscribers unhappy with CAS Message-ID: <908adbd0709192318o269c65ffvc3691069e1dec308@mail.gmail.com> http://www.hindu.com/2007/09/20/stories/2007092051950300.htm Majority of subscribers unhappy with CAS Staff Reporter ________________________________ 70 p.c. subscribers prefer to go back to the earlier cable TV regime ________________________________ NEW DELHI: Asserting that a vast majority of the subscribers of the newly introduced Conditional Access System (CAS) for television watchers in South Delhi are "not happy" with its implementation, the Voluntary Organisation in Interest of Consumer Education (VOICE) has recommended that the Government consider holding the system back till the "various problems are resolved". According to a new survey carried out by VOICE, 70 per cent of the subscribers in South Delhi would prefer to go back to the earlier cable television regime than continue with CAS. "Based on detailed interviews with 1,000 subscribers, 15 cable operators and one multi-system operator (MSO) across South Delhi, the survey gave some interesting insights into the problems being faced by the subscribers in the CAS-mandated region. More than half (53 per cent) of the subscribers feel that their expenditure per month on cable television has increased," said VOICE executive director Bejon Misra at a press conference here on Tuesday. Mr. Misra said: "Forty per cent of the subscribers admit that the reception quality has not improved post implementation of CAS. The complaint redress system also leaves a lot to be desired with 35 per cent subscribers not happy with the existing mechanism. Almost 35 per cent of the cable TV viewers have unauthorised subscriptions and are getting pirated signals." From anilkd2006 at dataone.in Thu Sep 20 04:36:52 2007 From: anilkd2006 at dataone.in (Anil Deshpande) Date: Thu, 20 Sep 2007 04:36:52 +0530 Subject: [Commons-Law] Re: Open Source Access for Basic Legal Materials Message-ID: <000501c7fb11$c58b8760$0201a8c0@homei937sdeo15> I am from law profession i want know more sites to asses on net please inform me details of it most of sites such as supreme court of India weekly not available know site karnataka high court sites are also not available on the sites if could help me in matter with regards Anil Deshpande Adv. -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070920/76bdb09f/attachment.html From prashantiyengar at gmail.com Sat Sep 22 12:09:06 2007 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Sat, 22 Sep 2007 12:09:06 +0530 Subject: [Commons-Law] Plagiarism of lower court judgments by the higher judiciary Message-ID: <908adbd0709212339m15d554f4q2b53e1dd4a0f176@mail.gmail.com> http://www.thehindubusinessline.com/2007/09/22/stories/2007092250520901.htm Law on `borrowed words' Write what you know In a recent taxation case, the apex court had to also consider a complaint of plagiarism. The issue was about a land deal - with the assessee saying that the sale consideration was Rs 4.10 lakh, as in the documents, and the taxman arguing that the amount was Rs 34.85 lakh, as found in some loose papers captured during a raid operation. The High Court had relied heavily on the order of the Commissioner of Income Tax (Appeals) and that of the Income Tax Appellate Tribunal (ITAT), and held that no substantial questions of law had been raised. Accordingly, it dismissed the appeal. Which, therefore, resulted in the Department bringing up the case before the Supreme Court. "Mr G. N. Vahanvati, the learned Solicitor General has at the very outset raised serious objection to the order of the High Court pointing out that Division Bench had merely plagiarised substantial portions from the order of the Commissioner and Tribunal in arriving at its conclusion and no independent assessment on the questions of law that arose for consideration, had been made," reads the text of the apex court verdict dated September 14. "It is true that the Division Bench of the High Court has borrowed extensively from the orders of the Tribunal and the Commissioner and passed them off as if they were themselves the author's," noted the apex court. "We feel that quoting from an order of some authority particularly a specialised one cannot per se be faulted as this procedure can often help in making for brevity and precision, but we agree with Mr Vahanavati to the extent that any `borrowed words' used in a judgment must be acknowledged as such in any appropriate manner as a courtesy to the true author(s)." Yet, the apex court had to ultimately dismiss the taxman's appeal, with there being no infirmity in the order of the High Court. From prashantiyengar at gmail.com Sat Sep 22 14:41:26 2007 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Sat, 22 Sep 2007 14:41:26 +0530 Subject: [Commons-Law] link to SC judgment on plagiarism Message-ID: <908adbd0709220211m6b0e8a47g1fcb913ee840076a@mail.gmail.com> Hi, Here's the ink to SC judgment on plagiarism that I'd posted about earlier. http://www.openarchive.in/newcases/29532.htm Prashant From the.solipsist at gmail.com Sat Sep 22 16:42:46 2007 From: the.solipsist at gmail.com (Pranesh Prakash) Date: Sat, 22 Sep 2007 16:42:46 +0530 Subject: [Commons-Law] Software Freedom Law Center files first U.S. GPL infringement suit Message-ID: <4785f1e20709220412p21151b5oef04148b2a8b536c@mail.gmail.com> Dear All, As reported by Ars Technica, if this suit is settled in court, it will be the first real test of the GPL's viral clause. http://arstechnica.com/news.ars/post/20070921-software-freedom-law-center-files-first-gpl-infringement-suit.html Software Freedom Law Center files first US GPL infringement suit By Ryan Paul | Published: September 21, 2007 - 02:10PM CT The Software Freedom Law Center announced yesterday that it is filing a copyright infringement lawsuit against Monsoon Multimedia on behalf of the open-source BusyBox project, which is distributed under the Free Software Foundation's General Public License (GPL). This is the first time that a company has been sued in the United States for failing to fulfill the copyleft obligations imposed by the license. Monsoon is accused of including BusyBox in the firmware for a video streaming device that is distributed under a proprietary license that isn't compatible with the terms of the GPL. The GPL grants end users the right to modify and redistribute licensed code and requires that derivatives are distributed under the same license. Distributors who provide GPL software in binary form must also make the source code available to the public. BusyBox is a collection of essential Linux command-line utilities bundled together in a single executable. It is widely used in mobile and embedded Linux solutions, like several routers, handheld computers, and network storage devices, because it's designed to be highly compact and portable. A number of prominent companies that use BusyBox, including HP, IBM, and Nokia, comply with the licensing requirements stipulated by the GPL. The BusyBox developers decided to pursue legal action after Monsoon confirmed last month that BusyBox is indeed included in one of its products but declined numerous requests to comply with the GPL. "We licensed BusyBox under the GPL to give users the freedom to access and modify its source code," said BusyBox developer Erik Andersen in a statement. "If companies will not abide by the fair terms of our license, then we have no choice but to ask our attorneys to go to court to force them to do so." According to a complaint filed in a New York district court by the Software Freedom Law Center and seen by Ars, the plaintiffs accuse Monsoon of copyright infringement and seek damages and injunctive relief. "[U]nder the License, any party that redistributes BusyBox in a manner that does not comply with the terms of the License immediately and automatically loses all rights granted under it," the complaint says. "As such, any rights Defendant may have had under the License to redistribute BusyBox were automatically terminated the instant that Defendant made non-compliant distribution of the Infringing Products or Firmware. Since that time, Defendant has had no right to distribute BusyBox, or a modified version of BusyBox, under any circumstances or conditions." In a blog entry, DLA Piper senior partner Mark Radcliffe explains how the outcome of this case will influence future open-source license enforcement litigation. "This case is very important because it will establish what type of remedies (either contract or copyright) are available to licensors for breach of the GPLv2," writes Radcliffe. In most cases of this nature, the participants settle before going to trial. If this suit does escalate into a trial, it will mark the first time that the GPL's copyleft requirements are tested in court. -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070922/af2cd2f2/attachment.html From the.solipsist at gmail.com Sat Sep 22 20:38:55 2007 From: the.solipsist at gmail.com (Pranesh Prakash) Date: Sat, 22 Sep 2007 20:38:55 +0530 Subject: [Commons-Law] Inverse Copyright Message-ID: <4785f1e20709220808hc545f6dja22e8027bd67fd8c@mail.gmail.com> Dear All, It seems the Big Media just are not content suing for copyright infringement of content created by them: they must, it seems, sue for content created by others as well! This absurd situation has arisen with a series of (absurd) political ads created by Christopher Knight, which was uploaded by him on to YouTube. Viacom-owned VH1 used those ads in a segment of their show Web Junk 2.0, in an edition titled "Animals & Other Crap". Did Christopher Knight sue or send cease-and-desist notices? Of course not. He found the feature funny, and wrote about it on his blog. In a later entry, he notes: I was quite aware that they were using my own not-for-profit work for commercial purposes and that they should have contacted me. But I didn't really care that they were doing that, either. It was just nice to see something that I had worked on getting seen and appreciated by a lot more people than what I had intended for a local audience. And I was glad that Melody Hallman Daniel, the voice-over actress in the spot, received some widespread notice of her considerable talent. Further, he uploaded a clip from the Web Junk 2.0 on to YouTube, so that he could put it up on his blog. Then began the fun. Read more at: http://theknightshift.blogspot.com/2007/08/viacom-hits-me-with-copyright.html It seems it all ends well, as he notes here: http://theknightshift.blogspot.com/2007/09/viacom-situation-update-youtube-has.html But I wouldn't know the exact story, as that blog entry has been blocked by college filtering software (for containing the word "youtube") in it. Regards, Pranesh -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070922/d1e05270/attachment.html From sarah.turner at manchesterurbanscreens.org.uk Mon Sep 24 01:09:11 2007 From: sarah.turner at manchesterurbanscreens.org.uk (Sarah Turner) Date: Sun, 23 Sep 2007 21:39:11 +0200 Subject: [Commons-Law] Urban Screens Manchester Newsletter 5 Message-ID: <007e01c7fe19$6a914010$1832a8c0@sarahj6y7loy0> Urban Screens Manchester It's About Content! Manchester Conference: 11 + 12 October 2007 Public arts + events programme: 11 - 14 October 2007 SPECIAL OFFER - BOOK BEFORE SEPTEMBER 30th Two days: GBP80 / GBP60 concs One day: GBP60 / GBP40 concs DELEGATE RATES AFTER SEPTEMPER 30th Two days: GBP100 / GBP80 concs One day: GBP80 / GBP60 Which curatorial criteria should be applied to the creation and curation of urban screens? Do urban screens suit a presentation of elaborate artistic content or will entertainment win over art? These questions along with many others will be addressed on day two of the conference, accompanied by two inspiring screenings from the art & events programme. Read on... Focus Session: Curating Screen Art for an Urban and Architectural Context, Cornerhouse Moderator Mike Stubbs (UK) is Director of FACT in Liverpool. His own internationally commissioned artwork includes media installations and large-scale projections for public environments. He will lead the discussion on the role that curators and new media experts could play in the conception of media facades and other urban screens. At present, many existing urban screens lack the comprehensive sophistication that allows exploration of spatial, architectural or medial potentials. Sylvia Kouvali (GR) is the initiator and curator of Yama, the first international space for publicising contemporary art in Turkey that opened in July 2007. Based on this experience, Kouvali will present a dialogue on how democratic or populist the content of the imposing and omnipresent screen can be and how much one can really show in public. Michelle Kasprzak (CA/UK) is a curator, writer, and artist. She argues that presenting artwork on urban screens comes with a special set of considerations, challenges, and advantages that are unique to that context. Kasprzak will examine the opportunities that are opened up to artists and curators within this emerging format. Dooeun Choi (KR) is the curator at Art Center Nabi which opened in 2000 as the first media art centre in Seoul, Korea. She will introduce COMO, an extended media platform located in the centre. Since 2004, the LED displays have been known as a unique multi-media installation which integrates art and architecture to create a new convergence. The focus is not on the outcomes but the creative energy emerging from free and imaginative human communication. Otherworldly & Best of Transmedia, All screens Curated by Michelle Kasprzak, Otherworldly premiered on the public screen at Federation Square, Melbourne, and features contributions by artists that take viewers on a journey through spaces that are at once familiar and alien. Best of Transmedia is a programme for which artists produced moving-image work that is very short (often a minute or less), and that could be sandwiched between advertisements. But as with most limitations, the condition of using urban screens as a platform fosters innovative work. Communication <--> Spaces, All Saints Dooeun Choi has curated Communication <--> Spaces, a time-based visual poem and collaboration between the Korean motion graphics designer Weong-Woong Cheong and artist Bill Seaman. The work poetically explores notions of the space of communication, underlined by traditional Korean music and experimental dance music. Register your interest now at www.manchesterurbanscreens.org.uk Urban Screens Manchester has been curated by Dr Susanne Jaschko . Urban Screens Manchester has been supported by Cornerhouse and BBC. It has been funded by Arts Council England, Manchester City Council, Marketing Manchester. With support from MDDA and Manchester Knowledge Capital. -------------------------------------------------------------------------------- ................................................. Sarah Turner International PR Urban Screens Manchester 07 www.manchesterurbanscreens.org.uk +49 (0)162 526 5624 -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20070923/d9383158/attachment.html From prashantiyengar at gmail.com Mon Sep 24 10:36:42 2007 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Mon, 24 Sep 2007 10:36:42 +0530 Subject: [Commons-Law] 45 countries in race for huge swaths of seabed Message-ID: <908adbd0709232206q3f7998c4p240ff1299eacf905@mail.gmail.com> http://www.thehindu.com/2007/09/24/stories/2007092455381400.htm International John Vidal and Owen Bowcott New islands off India among territories up for grabs London: Britain is poised to get much bigger. South Africa, Russia, France, Brazil, Australia and Ireland are hoping to expand too. In fact, 45 countries with coastlines qualify for potential "extended underwater territory" rights under the new U.N. Law of the Sea Convention. This new law, due to come into force in a few years time, has provoked a scramble for underwater land almost as fierce as the one for Africa in the 19th century when European countries divided up the continent between them. The 21st century land rush is likely to be the last big shift in land ownership in centuries and reflects the necessity to claim new seams of the Earth's resources. In total, as much as 4.35 million sqkm — an area similar in size to Australia — is believed to be at stake. It includes the Arctic where Russia recently claimed land below the North Pole, new islands off India which have emerged from the sea, and Pacific Ocean islands claimed by Australia. But to claim the new underwater land, countries must be able to show that it is an extension of their own topography, and not just a gratuitous land grab. All claims must be staked by spring 2009, which is why there is a rush to gather scientific evidence to support submissions. Lure of the frontiers The new U.N. law means that specks in the oceans, such as Ascension Island and the Falklands have acquired new diplomatic significance. With each landfall comes the possibility of a 550 km circle of hydrocarbon and mineral potential. The lure of the Earth's final frontiers is the possibility of oil, gas and minerals deposits. Shrinking resources and growing energy needs mean any new territory is at a premium, particularly as new technologies are changing the face of exploration. The idea of drilling for diamonds off South Africa, or for oil 9 km deep off Australia seemed impossible only a decade ago. Today they are real possibilities. There is also growing awareness of "oil peak", the point when global demand for oil will outstrip supply. This week Lord Oxburgh, former chairman of Shell, told a conference in Ireland the tipping point could come within 20 years as production levelled and new deposits became harder to find. "The world may be sleepwalking into a problem which is actually going to be very serious and it may be too late to do anything about it by the time we are fully aware," he said. Britain has long been aware of the potential of three of its territorial gains. Its companies have seismically tested the seabed off Ascension Island, Rockall and the Falklands. However, geologists are optimistic that a large area of seabed running from the Bay of Biscay past the west coast of Ireland and into the Atlantic could be hiding a massive new oilfield. — (c) Guardian Newspapers Limited, 2007 (c) Copyright 2000 - 2007 The Hindu From prashantiyengar at gmail.com Wed Sep 26 12:46:21 2007 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Wed, 26 Sep 2007 12:46:21 +0530 Subject: [Commons-Law] US ruling lands Indian drug makers in a soup Message-ID: <908adbd0709260016t6c091fej4d79db901e14bde1@mail.gmail.com> Hi, Here's a chart comparing the prices of Brand Drugs vs. Generic Drugs in the US with a row devoted to Neurontin - Pfizer's drug. http://www.regencerx.com/prescriptions/physicianTools/generics/comparison/index.html Just to get a sense of the amounts involved. Prashant http://www.thehindubusinessline.com/2007/09/26/stories/2007092652421700.htm Pfizer will be eligible for full damages if it wins BL Research Bureau With the Washington Court of Appeals saying that a lower court had erred in 2005 by saying that generic Neurontin would not infringe on Pfizer Inc's patent for its blockbuster anti-convulsant. Indian companies — both bulk drug makers and generics— might pay a high price for their association with the drug. Presently, nine companies including the three Indian drug makers have FDA approvals for Gabapentin, the active pharmaceutical ingredient (API) for the drug. Glenmark Pharma, Ranbaxy and Sun Pharma have already launched the drug 'at-risk' while bulk drug makers like Hikal and Shasun Chemicals are involved in manufacturing the active pharmaceutical ingredient. An 'at-risk launch' is a high risk-high gain strategy where pharma companies launch a generic version of a drug which is under patent challenge, before the expiry of that patent. If it ends up losing the case, under US law, the generic maker can be liable for triple the damages incurred by the patent holder. However, this may not be a concern for Hikal and Shasun Chemicals, as API suppliers. Shasun Chemicals is a supplier to US based Alpharma Inc, it makes generic prescription products and active pharmaceutical ingredients for exclusive sale by Alpharma, which has an agreement with Teva on gabapentin capsules and tablets. Hikal had entered into an agreement with an unnamed US-based pharmaceutical company to supply gabapentin and has begun selling the API to the US market from May 2005. As a result of this development, Pfizer Inc will be eligible for full damages if it wins in the patent trial. The patent(s) in question do not expire until 2017. Gabapentin is best known under the brand name Neurontin, which once had sales of $2 billion annually for Pfizer. In 2006, sales were at $496 million after cheaper generics entered the market. As of now, the generic-drug companies can again contest that their versions infringe the patent. While Indian companies might be reviewing their courses of action, a full trial is likely to be held on the allegations of patent infringement. (c) Copyright 2000 - 2007 The Hindu Business Line From prashantiyengar at gmail.com Thu Sep 27 11:44:19 2007 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 27 Sep 2007 11:44:19 +0530 Subject: [Commons-Law] Fwd: RTI not applicable to judicial proceedings In-Reply-To: <908adbd0709262310v2fc1272cg14d7f41c599f0a8d@mail.gmail.com> References: <908adbd0709262310v2fc1272cg14d7f41c599f0a8d@mail.gmail.com> Message-ID: <908adbd0709262314m2d6caaddnb0f45e248df00a0@mail.gmail.com> Hi, The CIC has held that the provisions of the RTI will not apply in cases where statutes already provide for inspection of records and prescribe a procedure to be followed to obtain them. This was held in the context of a petition for details of certain cases in the Supreme Court. The CIC held that since the Supreme Court Rules already provided a procedure for inspection of records the provisions of the RTI Act would not apply. "U/s 22 of the RTI Act the provisions of the RTI Act have effect notwithstanding anything inconsistent therewith contained in any other law for time being enforced or instrument having effect by virtue in law other than this Act. However, since both the Act and Order XII of the Supreme Court Rules provide for disclosure of information of the kind sought in the present case we find that there is nothing inconsistent in the rules. It is only that Supreme Court Rules 1966 through Order XII, Rule 2 prescribe the procedure for obtaining the information. This procedure together with fees is in the province of the prescribed authority u/s 28 of the RTI Act. This issue is disposed of accordingly." The text of the decision is available on the CIC website http://cic.gov.in/CIC-Orders/Decision_24092007_01.pdf Prashant From prashantiyengar at gmail.com Thu Sep 27 11:53:53 2007 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 27 Sep 2007 11:53:53 +0530 Subject: [Commons-Law] RTI and judicial proceedings Message-ID: <908adbd0709262323p1ae2eb3cl6e8e50ed840a625c@mail.gmail.com> Hi, A more interesting decision by the CIC on this matter. http://cic.gov.in/CIC-Orders/Decision_18092007_06.pdf Prashant http://www.thehindu.com/2007/09/27/stories/2007092761941500.htm National Information Act will not apply to judicial proceedings: Commission Legal Correspondent Intrusion into judicial work unnecessary, it says New Delhi: The Right to Information Act will not apply to furnishing of information on judicial proceedings in courts or tribunals, the Central Information Commission has held. "Apparently all judicial proceedings are conducted in the open and transparency is the hallmark of all such proceedings. There is no element of secrecy whatsoever. But at the same time, it has to be borne in mind that the judiciary is independent and all judicial authorities including all courts and tribunals must work independently and without any interference insofar as their judicial work is concerned," said the Full Commission, comprising Chief Information Officer Wajahat Habibullah and Information Officers A.N. Tiwari and Padma Balasubramanian. "The independence of a judicial authority is all pervasive and any amount of interference is neither desirable nor should ever be encouraged in any manner." The Commission rejected the plea by appellant Rakesh Kumar Gupta of Delhi, who wanted certain information including the notes or minutes of the proceedings maintained by members of the Income Tax Appellate Tribunal before the pronouncement of the order, inspection of case records and a copy of the decision in a particular case. "The jottings and notes made by the judges while hearing a case can never, and by no stretch of imagination, be treated as final views expressed by them on the case. Such noting cannot therefore be held part of a record 'held' by the public authority." Any intrusion into the judicial work under the RTI Act was unnecessary, the Commission said. "The independence of the judicial authority flows from the discretion given to that authority to take all decisions in matters properly brought within the purview of that authority. "In other words, it would not be appropriate for the Commission or any entity functioning as part of the RTI regime to pronounce on the disclosure of a given set of information, if it is found that under another law (such as the Income Tax Act), this disclosure function is exercisable as part of the judicial function by a judiciary authority, such as the ITAT." The Commission said, "Given that a judicial authority must function with total independence and freedom, should it be found that an action initiated under the RTI Act impinges upon the authority of that judicial body, the Commission will not authorise the use of the RTI Act for any such disclosure requirement." An information seeker should, therefore, approach the court or the tribunal concerned "if he intends to have some information concerning a judicial proceeding and it is for the court or tribunal concerned to take a decision whether the information can be given or not." (c) Copyright 2000 - 2007 The Hindu