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This may hurt Indian drug firms

Via: TAHIR AMIN

This may hurt Indian drug firms

Bhuma Shrivastava in New Delhi | November 28, 2005
11:23 IST

In what could be a major blow to Indian pharmaceutical
companies, the government may choose to define new
chemical entities (NCE) in a way that would include
all derivatives of a molecule.

Thus, data protection would bring into its fold
derivatives like salts, esters, polymorphs,
combinations or novel drug delivery systems (NDDS).

The matter is under consideration of the committee on
data protection appointed by the ministry of chemicals
and fertilisers. Headed by the secretary, ministry of
chemicals and petrochemicals, the committee is
expected to come out with its report in a month's
time.

Local pharmaceutical companies have argued for long
that the Big Pharma has used this ploy for
"evergreening" their patents.

"This is a violation of the definition of
patentability. This will undo the specifications in
para 3 (d) of the revised Patent Act. Why should one
grant data protection to something that cannot be
patented?" said a top functionary of an association
representing Indian companies.

Para 3 (d) defines whatever cannot be patented in
India and includes all forms of incremental innovation
which can be collectively called "derivatives" of a
drug. Even though Indian drug makers have
traditionally specialised in developing derivatives
and NDDS, they may not be able to leverage this
advantage as the innovators, with their research work
ready, are best suited to file for derivatives of the
original product, explained an industry analyst.

Sources said data protection could be extended to both
patented and non-patented drugs.

Patented drugs are also proposed to get data
protection cover for six years, running concurrently
with its 20-year patent life, while it would be three
years for non-patented ones.

"We are considering whether it would be for both
patented and non-patented drugs or only the former.
Whether we should stick to the definition of
patentability as per the patent law or go beyond and
look at all drugs that are 'new.' We are in the final
stages of these deliberations," said a chemical and
petro-chemical ministry official.

The executive authority for drugs would be the Drug
Controller General of India and that for agrochemicals
would be the agriculture department, said the ministry
official.

An industry analyst said, "This patented and
non-patented drugs distinction is very ambiguous as
the DCGI doesn't have the databases to check the
patent status of everything that's submitted to him."
The ministry official conceded that this might throw
up a lot of disputes and hence the matter was under
the scrutiny of the committee.

At the time of drug approval, the DCGI, under Schedule
Y of Drugs and Cosmetics Act, demands exhaustive data
from the first applicant of an NCE, ranging from
animal pharmacology & toxicity data, pharmacokinetic
data and pharmacological actions to reports on various
stages of clinical trials.

It is protection of this data that has been a
long-standing demand of multinational pharma companies
which claim that developing an NCE takes anything from
$800 million to $1 billion.



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‘Patent, Publish and Prosper’

Via: Hasit seth

=========== Comment ===================
Hi All,

I like Shekhar Gupta's walk-the-talk interviews transcripts in
indianexpress.com. Below is one with R.A.Mashelkar, CSIR chief. See
how a personal story of hardship, education, science meshes up with a
nation's quest to become an innovation powerhouse. I like it best when
people who do science and invention speak about patents and
innovation, so here is one of such person speaking.

Regards,
Hasit
======================================
INDIAN EXPRESS
Tuesday, November 29, 2005
On the record

Dr. R A Mashelkar, Director-General Chemist CSIR

'Patent, Publish and Prosper'

This man rose from humble origins to be one of India's leading
scientists and science administrators. Dr. R.A.Mashelkar,
Director-General of the Council of Scientific and Industrial Research,
speaks to The Indian Express Editor-in-Chief Shekhar Gupta on NDTV
24x7's Walk the Talk programme about his difficult childhood, his
return to India as a newly-qualified researcher in the late 1970s, and
his meteoric rise to positions of leadership in the scientific
community since then.

• In a hundred and forty two years, only eight Indians have been
elected as fellows of America's National Academy of Sciences. It's an
honour considered second only to the Nobel Prize, and in 2005, after
many decades of hard work, it was given to Dr. Raghunath Anand
Mashelkar. Today, Dr. Mashelkar leads what is perhaps one of the
largest government scientific establishments in the world with more
than 16,000 scientists and technicians. Dr. Mashelkar, you're an
inspiring presence and it's a very special privilege to welcome you on
Walk the Talk, and that too in your alma mater, the National Chemical
Laboratory in Pune.
Thank you very much. It's wonderful to be here in this lab. I came
here in 1976, almost three decades ago, as a young man. It's wonderful
to be standing here today.

• I believe you still keep coming back here, whenever you find the
time, to continue with your research.

Yes. Science is my first love and although I'm in Delhi, I do come
here on the weekends to spend time with my students and with my
colleagues. I keep active — it's extremely important for me.

• Dr. Mashelkar, before we get into your life in your labs, let me
take you back to your childhood. You've had very humble beginnings;
you've written very touchingly about your tough childhood, the death
of your father when you were six, the trouble your mother had bringing
you up, even the fact that she had to borrow money from a housemaid to
pay for your education.

Yes. It was Rs 21 that we needed and we had to go to a housemaid who
was working at Chowpatty in Bombay to get it so I could get admission
in school. You know, very importantly, that was her saving and she
gave it to us, telling my mother that your son must study. It was an
amazing time.

• I think opportunities have got a bit better now for children from
humble backgrounds. India has changed.

Indeed. I am very proud to say that I went to a municipal school, a
Marathi high school. Primary education would have been impossible if
it was not free. Scores of such children today get an opportunity. I
actually had a scholarship from the Tatas, just Rs. 60 a month, which
allowed me to go to college after I did my SSC.

• But life has become more of a level playing field for people like
us, people I describe as HMTs, the Hindi Medium Types.

(laughs) Yes; I was an MMT — a Marathi Medium Type — but that's true, yes.

• In fact, I was speaking at a function at Infosys and on impulse I
asked the audience, which had Infosys engineers, that how many of them
came from English medium schools. It was pleasantly surprising to see
how few hands went up. It means real India, or Bharat, is doing
alright.

Absolutely. I believe that really is an area we need to worry about. I
mean, 50 per cent of the children go to school, about 30 per cent of
them go up to class X, 40 per cent of those pass. We are talking about
six per cent children who go beyond Class X. It's the tip of the
iceberg — the rest of the iceberg is submerged. I think our biggest
challenge is how to lift that iceberg, where Mashelkars resided at one
point of time.

• And to give them an environment where it's not so vital any more
that your parents should have done very well in life.

Indeed. And you see scores of such examples of young people coming up
who have been given an opportunity. I think the essential issue,
Shekhar, is an opportunity in life to go ahead, like the scholarship I
got or the subsequent opportunities I had. Even when I went abroad,
for example, the way I was brought back is very interesting.

• Mrs. Gandhi, I believe, told Dr Nayaduma to search for somebody and
he found you and he said: "No application, no certificates, just come
with me."

Yes, it was an unbelievable time. In fact, Mrs. Gandhi was really
concerned that Hargobind Khurana, who got the Nobel Prize, actually
came here and could not get a job. So she said to Dr Nayaduma, who was
my predecessor, the director general, "Just go, spot the brightest,
and offer them a job on the spot." That was how I was brought back.

• I didn't know that she was spurred to this by Hargobind Khurana's Nobel.

Yes. At that time, there was a lot of discussion over why young people
have to struggle, basically, with all these applications and waiting
and interviews.


• So Mrs. Gandhi in 1974, who at that time was beginning to swear by
Socialism, was willing to short circuit all the rules to spot talent.

Indeed. And she trusted Dr. Nayaduma and his judgement. I remember his
coming to the Savoy Hotel in London; I went, talked to him for half an
hour and he filled me with the dream of a new India. I accepted his
offer on the spot somehow, I am a very intuitive person, I think from
my heart and in the evening, I phoned up my wife and said: "The nation
is calling us, let's go back." I came here on a salary of Rs. 2100.
Times were very tough then, Shekhar, in 1976. I still remember coming
here, to this lab, and struggling to get a gas cylinder; my wife used
to cook on a kerosene stove. I remember applying for a Bajaj scooter
which cost Rs. 3500. I waited for it about five to six years.

• And this lab produces more chemistry Ph.D.s than any place in the
world, I believe.

Absolutely. There are more than 450 research scholars who do their
Ph.Ds here in the National Chemical Laboratory. But, going back to
those times, those times and now it's very different. I remember, at
that point of time, if one talked about 128K, it was a big memory for
a computer. Today we talk about gigaflops and teraflops. The library
you see, I remember the journals used to come here by sea mail. It
used to take four months for them to arrive. Today, I have 3,000
e-journals for our students.


• But, Dr. Mashelkar, on the flip side, there are many universities in
India, particularly agricultural universities, which spend 110, 120
per cent of their budget just on salaries and establishment, and have
no money for journals or research. In fact, in many cases you would
find that their subscription for journals has lapsed.

I believe that our university system is in dire trouble, particularly
the state universities; the central universities are doing reasonably
okay. There is hardly any money for development. I do believe that
unless our universities are resurrected, in a major way, India has no
hope.

• You've been working on some of that. I think you've been associated
with some work on the ICAR; Sharad Pawar set up a committee to look
into it.

Yes, the Indian Council of Agricultural Research. We thought
agriculture is very critical for India. You know the good work that
they have done in the past, but we found that that the system needed
huge reforms, so there was a committee under my chairmanship.

• It had become hugely bureaucratic.

It has. We have suggested a large number of reforms. Why should there
be a director-general and a director, and in between, so many deputy
directors-generals and additional directors-general and so on? I
believe that Mr. Sharad Pawar is looking at this report to see how
that entire system can be reformed.

• Tell me a bit about when you took over CSIR. I believe it was as bad as ICAR.

Well, to be very honest, we were in trouble. We had 40 laboratories
and they behaved like 40. There was nothing like Team CSIR. Strong
trade unions, my director of the National Environmental Engineering
Research Institute would phone me up and say: "Sir, there are a
hundred people in my room, speak to them." We would have laboratories
where directors would be locked up, practically, not even be allowed
to go to the washroom.

• I believe you had meetings in boardrooms which had slogans painted
inside on the walls.

Absolutely. All that is gone because we now have a very transparent,
open system. We see a new, vibrant CSIR. And most importantly, I
believe, what has happened is that CSIR has become Team CSIR: 40 labs
working together.

• You've called patents as a 'wealth creator'. Explain that to me a little bit.

Well, it's like this. I remember Robert May, the president of the
Royal Society, used to say that the UK is great in coming up with new
ideas, and lots of wealth is made, not in the UK, but in Europe and
the US. It was the same thing for India. We would generate new ideas
but we would not patent them, others would. So we've changed the
paradigm. In this laboratory, we've changed the paradigm. We've said
it's not 'publish or perish', but 'patent, publish and prosper'
because there is a wealth creation potential.

• 'Patent, Publish and Prosper' — these are your three Ps of
scientific research, like the three Ps of marketing.

Absolutely. Even Nobel laureates have patented; Einstein had patents,
34 of them. This entire issue in India has been, very frankly,
Saraswati on the one hand and Lakshmi on the other, we have kept them
apart. Whereas that part of the world discovered the route from
Saraswati to Lakshmi. Today, I am very happy to say that when we talk
about India as a global research design and development platform, with
companies like General Electric setting up their R&D centres in this
country, its beginning was here.

• I believe you sold them a patent, in fact, one of your first patent
sales, wasn't it?

In fact, General Electric had a 40 per cent share of polycarbonate.
Polycarbonates are plastic materials from which we make CDs, among
other things are made. And on polycarbonate, in this laboratory, we
had a breakthrough. At that point of time, rather than publishing it,
what we made sure of was that we had a US patent.

• Because if you had just published it, somebody else would have
picked up the idea.

Oh, wealth would have been created by others. We wanted to create
wealth here. I remember going to the General Electric R&D centre in
Schenectady and actually marketing. Basically, they shook hands with
us with mutual respect because they saw a flag on their territory
which came on the basis of an idea. I have always said, it's not the
big budget, it's the big idea that matters. Our partnership with GE
flowered from there and one day Jack Welch said: "If they are so good,
why are we not there?" And that is how the General Electric R&D centre
came up here and today we talk about 150 such centres coming up.
That's why when we talk about India as a global innovation hub, its
beginnings can be seen now.

• So you are a globaliser at heart?

Very much so. I don't believe in national boundaries. In fact, in
1989, when I took over this laboratory, I went into this whole issue
of globalisation for a very simple reason. Any time we develop
something and bring it to Indian industry, they would say: "Have they
done it?" — meaning have the US or Europe or Japan done it? I said:
"What do we do? Am I going to be copying US engineering all my life?"
That is where we opened up and we said our markets would be global.
That did something special. It raised the benchmark for us.

• What happens in India — it's a theme I've been working on for some
time — we wrap bad science in the tricolour and say: "This may not be
cutting-edge internationally, but it is indigenous." There's nothing
indigenous about science; science is global.

Absolutely, by definition. Technology can be local, to meet local
needs. For example, a product can be local. But science is global. I
think there is only one benchmark by which we should be judged and
that is global.

• There is a problem in our country. When Pokharan I and II happened,
they were confused in the public mind with a scientific breakthrough.
I was appalled when the BJP government hailed Pokharan II with the
slogan of 'Jai Vigyan' — a nuclear test is not a triumph of
cutting-edge science. It is 1950s science being replicated and
re-engineered. When science gets politicised like that, don't you
think it causes a problem?

It does indeed. When one talks about India becoming a knowledge
society, it's not only about becoming a knowledge society, but an
enlightened one, which understands all this.

• Dr. Mashelkar, let me take you back to your origins, because that is
really so fascinating for a vast majority of Indians. So, tell me,
what did your mother say when she first saw your success?

My mother is with me even today. It's very interesting — she was
illiterate herself, you see; she did menial work to bring me up. But
she understood the value of education, and, Shekhar, I myself do not
know why she insisted on education. She had gone in search of a job in
Congress House in Bombay. She stood in the queue and returned without
a job. You know why? Because the minimum qualification was third
standard. So when she was returning she said: "My God. This has
happened to me; I don't want this to happen to my son. He must have
the highest possibility." So, when I did my masters in chemical
engineering, she said: "There is something further"; she made sure I
did my Ph.D. And when I finished my Ph.D., she had found out that
there is post-doctoral research to be done too.

• This is what makes Indian society special — the great store it lays
by education.

Education is the only real gift a parent can give.

• I believe 67 per cent of the graduates who are unemployed are
science graduates.

Indeed. You know, I am currently the president of the Indian National
Science Academy. Just last, month we brought out the India Science
Report and it shows these statistics. The National Council of Applied
Economic Research has done a field study and this is true. Why is
there this unemployment? It is simple. First of all, the bulk of the
time, you are looking for jobs in the government. Government jobs are
restricted. Universities today are in such a state that they have
vacancies but they can't fill them.

• In fact, I remember in my reporting years, I had once gone there to
cover a strike and one of the faculty members told me: "We have a very
limited curriculum here now. It's called Brahmin, Thakur, Bhumihar,
eastern UP, Western Bihar."

My goodness! The other thing is that there must be a demand on science
in society, in industry, for example. Our industries were so protected
that they hardly bothered about science or innovation. But it's no
longer so. I find that there is a demand which is coming up after
1991, after opening up, liberalisation, competition has come in. You
know, what has happened with the drugs and pharmaceuticals industry?
Their R&D spending has gone up by a factor of five in the last four
years; new R&D centres are coming up, they are looking for hundreds of
Ph.Ds.

• I remember you writing some where, complimenting the Tatas for
spending Rs. 1700 crore on developing the Indica — I think the largest
project you ever got was Rs 150 crore?

Absolutely. If you look at the way the Tatas did it — Ratan Tata, I
must say — hats off to him. He put in 700 engineers who had never
designed a car in their lives and risked Rs 1760 crore. And today we
talk about the Indica.

• To steal your words, he built that wall for his engineers to paint
on. In that article you wrote for the India Empowered series in The
Indian Express, you talked of scientists as painters. You said that
Michelangelo became a great painter because somebody gave him a wall
to paint on and you said that the US gave you your wall to paint on.
Who's going to build these walls for other Indian scientists? What are
the bricks that will make these walls, who are the best masons,
architects; what's happening?

I think this is where new institutions, institutions like this, the
National Chemical Laboratory, become important. You mentioned my
National Academy of Sciences honour — it is one of the highest
honours, yes, that is true. But, as a matter of fact, I did that work
right here. And it is true that I am only the eighth Indian in 140
years. But that wall did come to me, so as to say, and it was given to
me by a visionary, backing up a 32-year old man, and saying: "Invest
in him; he has potential." I believe that we require new institutions
which will do that. That is why I am very happy that, just on this
campus, we have given a hundred acres of land to create a new
institute of science. It's a shame that for a country of a billion, we
had just one institute of science, and that too built by the Tatas. I
am very happy that the government is building two institutes of
sciences, one of them will come up right here.

• Pune has the potential of becoming the new science capital of India.

Absolutely. We have the National Chemical Laboratory here, we'll have
that institute of science, we have the Pune University. In fact, if
you take a compass and draw a circle of one-and-a-half kilometres, we
have 14 top class institutions here. Just imagine what it could be.
It's amazing.

URL: http://www.indianexpress.com/full_story.php?content_id=82884
 Permalink

Re: [Commons-Law] Ectropy Index

Via: s|s

Or maybe I am all wrong.
 Permalink

Re: [Commons-Law] Ectropy Index

Via: s|s

For quoting, I would have preferred using more authoritative web
resources like wikipedia.org.

Sadly wikipedia.org doesn't have ectropy enlisted in any section.

http://en.wikipedia.org/wiki/Special:Search?search=ectropy&go=Go

returns 1 result. that too is "The Engrailed (Ectropis crepuscularia)"
which is completely unrelated to thermo dynamics in my humble opinion.

Good idea would be to update the wikipedia page on ectropy.

regards

Supreet



PS: time in negative is still time. time in inverse also turns out to
be time. Probably I am not using the right prism to see the watch.
 Permalink

Re: [Commons-Law] Ectropy Index

Via: Iram Ghufran

Dear Supreet,
Thanks for the observation. However let me assure you that there is no
neglect on understanding either entropy or ectropy. Entropy is one
metaphor to describe the universe and we use ectropy as another. For
more Info, incase you havent already seen this, checkout
http://wiki.cotch.net/index.php/Ectropy
I hope you enjoyed excavating the index of ectropy.

Best regards
Iram

s|s wrote:

>To err is entropic ..........
>
>With due respect to artists who have worked hard to conceptualize and
>execute a project on such important subject as surveillance and
>databases, one still feels the need to point at neglect on
>understanding what term entropy means, or rather so called "antonym"
>of entropy means.
>
>One will not hear anti-temperature, or anti-time. Likewise is the case
>with entropy.
>
>http://www.google.com/search?q=define:entropy for further details.
>
>Further reading: Chaos, highly accessible read on the concept
>
>regards
>
>Supreet
>_______________________________________________
>commons-law mailing list
>commons-law@sarai.net
>https://mail.sarai.net/mailman/listinfo/commons-law
>
>

 Permalink

What Google Should Roll Out Next: A Privacy Upgrade - NYTIMES

Via: Hasit seth

===== Comment =====
Software's future is going to be a networked and hosted service more
than standalone PC based software. This is going to raise a
phenomenal number of issues and of course means a virtual end of
"software development" as it is known today - open or closed source.
Here is a piece about how Google's massive database of personalized
and trackable information is a sitting target that not many have
notice.

Cheers,
Hasit
==================
NY TIMES - Editorial Observer
What Google Should Roll Out Next: A Privacy Upgrade

By ADAM COHEN
Published: November 28, 2005
At a North Carolina strangulation-murder trial this month, prosecutors
announced an unusual piece of evidence: Google searches allegedly done
by the defendant that included the words "neck" and "snap." The data
were taken from the defendant's computer, prosecutors say. But it
might have come directly from Google, which - unbeknownst to many
users - keeps records of every search on its site, in ways that can be
traced back to individuals.

Google is rolling out revolutionary new features at a blistering rate,
most recently Google Base, which could evolve into a classified ad
service, and the Google Book Search Library Project, which aims to put
a vast number of books online. Google's stock recently soared past
$400 a share, putting its market capitalization ahead of Time Warner
and Gannett combined, and the personal fortunes of its founders,
Sergey Brin and Larry Page, above $14 billion.

Google is the subject of a new book, "The Google Story," by David Vise
and Mark Malseed, that tracks the company's rise from a student
project at Stanford through its success in outmaneuvering Microsoft,
Yahoo, AOL and other behemoths for Internet dominance. Google has long
presented itself as the anti-Microsoft, a company that the digerati
regard as a force for good in the technology world.

In many ways, it has lived up to that reputation. But if it wants to
hold on to its corporate halo, Google should do a better job of
including users in decisions about how their personal information is
collected, stored, and shared.

Google has succeeded so extraordinarily because its founders were able
to see the future of the Internet more clearly than the rest of
Silicon Valley. At a time when "Web portals" - sites that directed
users to online services - were seen as the future, Mr. Brin and Mr.
Page were convinced Internet searches would be pivotal. They developed
technology that was far better than other search engines at sifting
through the galaxy of information online. They slapped a typo of a
name on their project - a misspelling of "googol," the number
represented by a 1 followed by 100 zeroes - got venture capital, and
quickly built a company.

Mr. Brin and Mr. Page believed companies should not be able to get
better placement on the results page by paying money, something their
competitors allowed. Google strictly separated out "sponsored"
results, or ads, from search results, and gave up untold millions of
dollars in revenue by keeping Google's home page ad free. The company
has taken other idealistic positions over its short lifetime,
including conducting its initial public offering by a "Dutch auction,"
so Wall Street would not control it.

Google operates according to two core principles. One is its mission
"to organize the world's information and make it universally
accessible and useful." The other is its motto, "Don't be evil," which
Mr. Brin and Mr. Page take so seriously that they included it in a
Securities and Exchange Commission filing. As Google grows and spreads
into new areas, these two principles are turning out to be in tension.
Google's book search, for example, aims to make books universally
accessible in a way some authors regard as dismissive of their rights
and illegal.

The biggest area where Google's principles are likely to conflict is
privacy. Google has been aggressive about collecting information about
its users' activities online. It stores their search data, possibly
forever, and puts "cookies" on their computers that make it possible
to track those searches in a personally identifiable way - cookies
that do not expire until 2038. Its e-mail system, Gmail, scans the
content of e-mail messages so relevant ads can be posted. Google's
written privacy policy reserves the right to pool what it learns about
users from their searches with what it learns from their e-mail
messages, though Google says it won't do so. It also warns that users'
personal information may be processed on computers located in other
countries.

The government can gain access to Google's data storehouse simply by
presenting a valid warrant or subpoena. Under the Patriot Act, Google
may not be able to tell users when it hands over their searches or
e-mail messages. If the federal government announced plans to directly
collect the sort of data Google does, there would be an uproar - in
fact there was in 2003, when the Pentagon announced its Total
Information Awareness program, which was quickly shut down.

In the early days of the Internet, privacy advocates argued that data
should be collected on individuals only if they affirmatively agreed.
But businesses like Google have largely succeeded in reversing the
presumption. There is a privacy policy on the site, but many people
don't read privacy policies. It is hard to believe most Google users
know they have a cookie that expires in 2038, or have thought much
about the government's ability to read their search history and stored
e-mail messages without them knowing it.

Google says it needs the data it keeps to improve its technology, but
it is doubtful it needs so much personally identifiable information.
Of course, this sort of data is enormously valuable for marketing. The
whole idea of "Don't be evil," though, is resisting lucrative business
opportunities when they are wrong. Google should develop an
overarching privacy theory that is as bold as its mission to make the
world's information accessible - one that can become a model for the
online world. Google is not necessarily worse than other Internet
companies when it comes to privacy. But it should be doing better.
(c) Acknowledged.
 Permalink

Re: [Commons-Law] Ectropy Index

Via: s|s

To err is entropic ..........

With due respect to artists who have worked hard to conceptualize and
execute a project on such important subject as surveillance and
databases, one still feels the need to point at neglect on
understanding what term entropy means, or rather so called "antonym"
of entropy means.

One will not hear anti-temperature, or anti-time. Likewise is the case
with entropy.

http://www.google.com/search?q=define:entropy for further details.

Further reading: Chaos, highly accessible read on the concept

regards

Supreet
 Permalink

Anti terror laws and piracy

Via: Mayur

Music industry seeks access to private data to fight piracy

· Plea to Europe to widen scope of anti-terror laws
· Civil rights fears over phone and email records


Bobbie Johnson
Saturday November 26, 2005
The Guardian


The music and film industries are demanding that the European parliament extends the scope of proposed anti-terror laws to help them prosecute illegal downloaders. In an open letter to MEPs, companies including Sony BMG, Disney and EMI have asked to be given access to communications data - records of phone calls, emails and internet surfing - in order to take legal action against pirates and filesharers. Current proposals restrict use of such information to cases of terrorism and organised crime.

"The scope of the proposal should be extended to all criminal offences," says a letter to European representatives from the Creative and Media Business Alliance, an informal lobby group representing media companies. "The possibility for law enforcement authorities to use data in other cases ... is essential." The attempt to pressure MEPs comes as they prepare to vote on an extension to the period for which data must be held by telephone networks and internet service providers. The plans, championed by the British government, would harmonise and extend the broad range of policies across the continent.

The Home Office says such moves are necessary in order to assist proper investigation of suspected terrorist activity. But if successful, it would mean communications companies would be obliged to keep information on phone calls, emails and internet use for as long as three years.

"It is not for us to get involved in the wider issue of national security," said a spokesman for international music industry association IFPI, parent body of the CBMA.

If the demands were met by European legislators, it would open use of such private information across any number of criminal cases. "Even the Bush administration is not proposing such a ludicrous policy, despite lobbying from Hollywood," said Gus Hosein, a senior fellow at Privacy International.

The music industry has already pursued a large number of cases against illegal downloaders, but the letter claims that wider access to private information would be an "effective instrument in the fight against piracy" and help secure more legal actions. Critics say it is simply a case of litigious industries attempting to gain access to protected data by the back door.

The proposals, to be put to the vote on December 13, have already faced censure. More privacy-conscious nations such as Germany have voiced concerns about long-term data retention, and telecoms companies say they cannot afford to keep more information about their customers.

"The passing of the data retention directive would be a disaster not just for civil liberties and human rights in Europe," said Suw Charman, director of digital rights campaigners, Open Rights Group.

The music industry has been waging war against illegal filesharing for some time, with film companies closely behind. An Australian court this week ordered Kazaa, one of the biggest file-swapping services, to filter out copyrighted music from its systems or face closure. Last week the British Phonographic Industry announced its latest batch of cases against illegal downloaders, taking the total number of UK actions to over 150.

Such prosecutions already rely on voluntary data supplied by internet providers, but the music industry would like it made compulsory. At the same time, the legitimate digital download industry continues to grow at a startling pace.

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cyberlaw professor in India

Via: "Sonia Katyal"

Hello--I hope all of you are well. My name is Sonia Katyal, and I am a South Asian law professor who specializes in intellectual property and civil rights with a focus on new media at Fordham Law School in New York City. I am writing- first of all to say hello, and second, because I am planning a trip to India in December, specifically to Hyderabad, Bangalore, Mumbai and Delhi, and would love to meet up with cyberlaw/tech/creative commons oriented folks on this list serve. Because of my background, we are particularly interested in developing a closer relationship with law students and
lawyers in South Asia, and would love to bring more tech folks to Fordham
who are interested in the issues surrounding intellectual property law,
civil/human rights and technology. I really admire the work of Sarai, and would love to develop closer relationships between those of us in the US who work on similar issues.

Anyway, I should be in India throughout December, and would welcome the
opportunity to meet and speak with folks on any other intellectual
property issue that might be of interest. My own scholarly work
concentrates on the relationship between copyright, trademark and civil
rights protections like privacy and freedom of expression, and I would
be happy to chat with folks about doing workshops or talks that may be
of interest to them while I am in India. A bunch of law professors in
the States are really interested in developing more relationships with
cyberlaw folks in South Asia, and I'd love to hear more about some of
the issues facing tech folks today. Please feel free to take
a look at my faculty web site at Fordham Law School
(http://law.fordham.edu); you'll see that a lot of my work concentrates
on cyberlaw surveillance and art law.

Please feel free to contact me individually if I can be of service to
you--I would really be thrilled to meet up with folks while I am
there. I'm planning to go to the Information Technology and Society
meeting in hyderabad in December and hope maybe some folks from this
list will also be there.

Finally, if you are interested, here is our web site on Fordham's one
year program on intellectual property/information technology: http://www.llm-guide.com/university/287. It is a wonderful school, and a great program.

thanks so much, and hope everyone is well, best,

skk





Sonia K. Katyal
Associate Professor of Law
Fordham Law School
140 W. 62nd St.
New York, NY 10023
skatyal@law.fordham.edu
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Press release from the wipo

Via:

Hi- I'm a long-time lurker ... Just saw this on a WSIS mailing list. May
interest you - to rip into :-) also has WIPO contact e-mail & ph numbers.

G

From: publicinf@wipo.int
Organization: WIPO
Reply-To: publicinf@wipo.int
Date: Tue, 22 Nov 2005 16:38:55 +0100 (CET)
To: pressinfo-en@lists.wipo.int
Subject: Press Release 430 : WIPO Member States Consider how to Facilitate
Access to Educational Materials


Press Release 430
Geneva, November 22, 2005


WIPO MEMBER STATES CONSIDER HOW TO FACILITATE ACCESS TO EDUCATIONAL
MATERIALS
Member states of the World Intellectual Property Organization (WIPO)
examined on Monday, the impact of the copyright system on the use of
protected works for educational purposes in both the analog and digital
environments, particularly in developing countries. The meeting took place
at the beginning of deliberations by the Standing Committee on Copyright and
Related Rights (SCCR) which is being held in Geneva from November 21 to 23,
2005. Copyright law, like other forms of intellectual property law,
recognizes that restrictions or limitations in the rights granted to authors
and holders of other related rights are justified in certain cases that do
not conflict with the normal exploitation of the protected material and do
not unreasonably prejudice the legitimate interests of the rightholders. In
relation to education, certain permitted uses are defined which remove
liability that would otherwise arise. Digital technology has revolutionized
the way in which creative works, including educational materials, are made,
delivered and used with important implications for copyright. The
information meeting provided an opportunity to examine the varying
perspectives of the different stakeholders and served as a forum for
delegates to discuss and exchange experiences on the opportunities and
challenges presented by the copyright system within the context of
education, especially within developing countries. "The digital environment
presents enormous opportunities and challenges in terms of delivering
educational materials in a sustainable manner, said Mrs. Rita Hayes, WIPO
Deputy Director General in charge of copyright issues. "Today’s meeting was
an excellent opportunity to look at the dissemination of teaching materials
through balanced and effective copyright systems that meet the needs of all
stakeholders; authors, publishers, libraries and educational services", she
added. The program included presentations from a group of high-level experts
from academia, libraries, collective management societies and the publishing
sectors. Presentations covered a range of issues, including, the challenges
facing educators and libraries particularly in developing countries; the
need to foster development of the indigenous publishing sector in developing
countries; the role of reproduction rights organizations; licensing
mechanisms, including alternative licensing systems (such as the creative
commons and open access models) to facilitate the flow of educational
materials in developing countries; and the national experiences of Chile and
Canada in devising copyright exceptions for education. Details of the
program are available at:
http://www.wipo.int/meetings/en/details.jsp?meeting_id=9462
<http://www.wipo.int/meetings/en/details.jsp?meeting_id=9462> .
Presentations and audiofiles will be available from http://www.wipo.int
<http://www.wipo.int> in the near future. The SCCR will continue discussion
of other copyright related issues. The program and documents are available
at http://www.wipo.int/meetings/en/details.jsp?meeting_id=9289
<http://www.wipo.int/meetings/en/details.jsp?meeting_id=9289> . For further
information, please contact the Media Relations and Public Affairs Section
at WIPO:
Tel: (+41 22) - 338 81 61 or 338 95 47
Fax: (+41 22) - 338 82 80
Email: publicinf@wipo.int <mailto:publicinf@wipo.int> .

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