10.20.15

Gemini version available ♊︎

Narendra Modi Must Immediately Block Software Patents to Save India’s Software Industry

Posted in Asia, Law, Patents at 6:07 am by Dr. Roy Schestowitz

Critical decision

Narendra Modi

Summary: Indian proprietary software and Free/libre Open Source software (i.e. everything except for large multinationals’, such as Microsoft or IBM) is at great danger after terrible changes were proposed to Indian patent law

TECHRIGHTS spent a lot of time writing about software patents in India, especially recently. These have not been legal, but Modi’s government threatens to change this. Does Modi work for patent lawyers and multinationals, or will he keep his promise (like many vacuous election promises) to defend the people of India from such corporate, colonialist occupations? Recent trips to software giants in the US don’t serve to inspire much confidence in Modi right now.

Patent lawyers in India go where the money is: protecting the companies that profit from Indian deaths. Many of these patent lawyers (essentially profiteers) lobby for stronger protectionism of foreign pharmaceutical giants (driving up prices of medicine), but to make matters worse, there are those who want software patents in India because they can profit at the expense of Indian programmers. Are lawyers and their big clients (foreign companies) winning this battle?

“It is unthinkable that India can in any way benefit from software patents.”“New patent guidelines may spell trouble for Indian software developers” was the other day’s headline from Legally India, a site which correctly states that: “Every city or town, big or small, is seeing a spurt of startups that do path-breaking work in the area of software products, mobile apps and embedded products. However, these firms could soon be threatened by the dark-clouds looming large over the technology horizon of India in the form of software patents.”

It is unthinkable that India can in any way benefit from software patents. The Hindu, a large Indian news site, published “Tying up innovation in legal knots”. It said that: “While law-making in Parliament seems to have come to something of a halt over the last couple of years, the executive branch of government, in contravention of its constitutional role, is busy passing regulations that are, in essence, amendments to laws. The examples of executive overreach over the last few years are numerous — for instance, the notification of the Information Technology (Intermediaries Guidelines) Rules, 2011, which, inter alia, expanded the scope of offences under the Indian Penal Code in the context of the Internet by criminalising activities such as blasphemy.”

“If Modi and his government don’t choose to stop this madness, India will definitely shoot itself in the foot, all for multinationals’ sake (trying to attract foreign businesses at the expense or mortality of local companies).”What is happening to India? No sane person (except perhaps lobbyists of software patents) can deny that software patents would be a terrible thing for software powehouse like India. Programmers don’t want patents, they already have copyrights (instantaneously obtained and easily enforceable by law).

“Software patents back to the fore” was another news article that got published early this week. To quote: “Successive governments have supported open source software. The earlier Open Standards Policy and the recently released Open Source Software for E-Governance, are all welcome measures in this direction. How, then do we explain government’s sudden shift towards software patenting, that too through executive action and in violation of the will of the Parliament?

“Software patents are like the “living dead” in the zombie film genre that Hollywood has made popular. They just refuse to die. As many times you kill them, they revive again and keep coming back.”

If Modi and his government don’t choose to stop this madness, India will definitely shoot itself in the foot, all for multinationals’ sake (trying to attract foreign businesses at the expense or mortality of local companies). Recall what we wrote about this government earlier this year in relation to Free/libre Open Source software.

Indians should consider taking action, and not just public protests. Maybe if enough politicians, who never wrote or even saw a computer program in their entire life (not at code level), became better informed, things would quickly change, much like the debate in the media. Indian politicians need programmers to explain to them the stark difference between patent protection and copyright protection. If programmers don’t speak out, only lobbyists of companies like Microsoft will. We already saw how Microsoft worked to derail India's Free/libre Open Source software policy, behind the scenes (with help from front groups that pretend to represent India's interests). Never underestimate Microsoft’s influence in the Indian government.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  2. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  3. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  4. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  5. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  6. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  7. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  8. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all



  9. Links 22/10/2021: Global Encryption Day

    Links for the day



  10. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  11. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  12. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  13. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  14. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  15. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  16. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  17. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial



  18. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States

    How unlawful EPO rules were unsurprisingly supported by Benoît Battistelli‘s friends in Baltic states; António Campinos maintained those same unlawful rules and Baltic connections, in effect liaising with offices known for their corruption (convicted officials, too; they did not have diplomatic immunity, unlike Battistelli and Campinos)



  19. Links 21/10/2021: GIMP 2.99.8 Released, Hardware Shortages, Mozilla Crisis

    Links for the day



  20. How Oppressive Governments and Web Monopolists Might Try to Discourage Adoption of Internet Protocols Like Gemini

    Popular movements and even some courageous publications have long been subverted by demonisation tactics, splits along unrelated grounds (such as controversial politics) and — failing that — technical sabotage and censorship; one must familiarise oneself with commonly-recurring themes of social control by altercation



  21. [Meme] Strike Triangulations, Reception Issues

    Financial strangulations for Benoît Battistelli‘s unlawful “Strike Regulations”? The EPO will come to regret 2013…



  22. [Meme] Is Saying “No!” to Unlawful Proposals Considered “Impolite”?

    A ‘toxic mix’ of enablers and cowards (who won’t vote negatively on EPO proposals which they know to be unlawful) can serve to show that the EPO isn’t a “social democracy” as Benoît Battistelli liked to call it; it’s just a dictatorship, currently run by the son of a person who actually fought dictatorship



  23. IRC Proceedings: Wednesday, October 20, 2021

    IRC logs for Wednesday, October 20, 2021



  24. [Meme] EPO Legal Sophistry and Double Dipping

    An imaginary EPO intercept of Administrative Council discussions in June 2013...



  25. Links 21/10/2021: PostgreSQL JDBC 42.3.0 and Maui Report

    Links for the day



  26. [Meme] [Teaser] “Judge a Person Both by His Friends and Enemies”

    Fervent supporters of Team Battistelli or Team Campinos (a dark EPO era) are showing their allegiances; WIPO and EPO have abused staff similarly over the past decade or so



  27. 'Cluster-Voting' in the European Patent Office/Organisation (When a Country With 1.9 Million Citizens Has the Same Voting Power as a Country With 83.1 Million Citizens)

    Today we examine who has been running the Finnish patent office and has moreover voted in the EPO during the ballot on unlawful "Strike Regulations"; they voted in favour of manifestly illegal rules and for 8.5 years after that (including last Wednesday) they continued to back a shady regime which undermines the EPO's mission statement



  28. The EPO’s Overseer/Overseen Collusion — Part XVIII: Helsinki's Accord

    The Finnish outpost has long been strategic to the EPO because it can help control the vote of four or more nations; evidence suggests this has not changed



  29. [Meme] Living as a Human Resource, Working for Despots

    The EPO has become a truly awful place/employer to work for; salary is 2,000 euros for some (despite workplace stress, sometimes relocation to a foreign country)



  30. Links 20/10/2021: New Redcore Linux and Hospital Adoption of GNU Health

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts