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Author: Dr. Kalyan C. Kankanala

BananaIP Counsels > Articles posted by Dr. Kalyan C. Kankanala

A Progressive Step Towards Regulating The eCommerce Sector – In response to Professor Arul’s 101 Article on Decimating Digital Competition

NATIONAL E-COMMERCE POLICY DRAFT

I write in response to Professor Arul George Scaria's article in Bloomberg where he argues that the Draft National eCommerce Policy ("eCommerce Policy") will decimate digital competition. Arul bases his arguments on issues in the policy with respect to data ownership/sharing and intellectual property protection, and states in strong words that the policy is discriminatory, anticompetitive, protectionist, and violative of individual rights. While I agree with Arul's comments relating to anti-piracy measures and open access, I find several of his arguments unsustainable in the context of the policy's objectives and eCommerce business in India. Data Ownership and Sharing Contrary to Arul's explication...

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Your Story! So What? – Books, Similarity and Copyright Infringement – Copyrights and Writers Part 11

Copyright Infringment, Author rights, Post on Authors and Copyrights

Copyright does not protect ideas except to the extent they are expressed, and a writer will not be liable for copyright infringement if she copies only ideas of another writer. Ideas, facts, historical events, and public domain works are open to all writers, and no writer can claim exclusivity over them under the copyright law. However, a writer is not permitted to copy expressions of another writer, and such copying without authorization gives rise to copyright infringement. Copyright Infringement If an author exercises exclusive rights of another author with respect to his copyrighted book without permission, the first author will be liable...

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Reading Between The Lines- Book Publishing Contracts: Copyrights and Writers Part 9

Reading Between The Lines- Book Publishing Contracts_ Copyrights and Writers Part 9

Getting a publishing contract is an important milestone for a writer. For some writers, that is a remarkable achievement. This is despite the fact that the value added by publishers in publishing a book has been diminishing over the years. In reality, a publisher is merely a middle man between the author and the reader, and though many publishers claim to contribute to the quality of the book, their role is mostly limited to copy editing, printing, and distributing it. The success of a published book is largely dependent on the author and his efforts, and when seen from this...

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Regulating eCommerce Marketplaces: Proposals in the National eCommerce Policy Draft

Regulating eCommerce Marketplaces: Proposals in the National eCommerce Policy Draft

The recently released National eCommerce Policy Draft ("eCommerce Policy") acknowledges the role of eCommerce marketplaces in building the network and systems to facilitate eCommerce in India. As stated in the policy, many agree that the emergence of eCommerce marketplaces have benefited small sellers and consumers. At some level, eCommerce marketplaces have also played a role in spreading eCommerce knowledge and culture. However, the growth of large eCommerce marketplaces combined with lack of an effective regulatory mechanism has created entry and growth barriers for enterprises, and has given rise to anti-competitive, oppressive, unfair, and discriminatory practices. Acknowledging some of these aspects,...

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Intermediaries, Marketplaces and Take Down Actions

Intermediaries, Marketplaces and Take Down Actions

My colleague, Ashwini Arun, brought an interesting post on Spicy IP on SareGama's take down notice to my attention. The post talks about take down of one of its articles, and may be read at: https://spicyip.com/2019/02/saregama-pa-rdon-me-you-have-the-wrong-address-on-the-perils-and-pitfalls-of-notice-and-takedown.html. It is unfortunate that SareGama decided to include an article from Spicy IP, renowned for its well-researched articles and contributions to IP discourse, in its Take Down list. I am assuming that the inclusion of the link by SareGama was an inadvertent act of one of its Take Down service providers, who automate most of the process and approach taking down links to infringing...

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Kindle eBooks and Amazon Marketplace – The Non-Compliance Continues

Amazon's Kindle eBooks need no introduction. Everyone is aware of them, and since the launch of the Kindle eBook store in India, Amazon claims that its publisher and customer base is growing fast. In 2018, Amazon also launched Audible, its audio book store in India. So far, I have used the term Amazon loosely to refer to several of its entities. For purposes of this post, two entities of Amazon are relevant. One, Amazon Asia Pacific Holdings Private Limited (Amazon APAC" (Registered in Singapore), and Two, Amazon Seller Services Private Limited "Amazon India" (Registered in India). Amazon APAC licenses and...

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The Wind from the West – Playwright Ananda Rao’s Padamati Gali

Padamati Gali

Note: This is not an IP post, and has only one reference to copyright protection. It comes; It changes; And it goes. It changes lives, lives of farmers, who provide food to the world. For many of us, the wind is nothing more than a phenomenon. But for farmers and their families, it is a life changing event. Seventy two years after independence, farmers in India continue to live uncertain lives. Their struggles are not much different from those before independence. The protests, the marches, the strikes, and the sacrifices prevail, and the fight is still on. Only the adversary has changed. This...

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Open Science and its Facets – ICCIG 4 at IIM, Ahmedabad

ICCIG 4

As a part of the Fourth International Conference on Creativity and Innovation at/for/from/with Grassroots [ICCIG 4] at IIM, Ahmedabad, Professor Arul George Scaria organized a session on 'Fostering Open Science.' I was fortunate to participate in the well organized panel discussion and learn from its proceedings. From my knowledge,Professor Arul is the only scholar in India researching on Open Science from the legal perspective. His emperical study driven report on Open Science will be released soon, and his insights about Open Science and its relevance in today's context were thought provoking. The extent of progress of the Open Science Movement...

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Literary Works to Braille – Which Exclusive Right?

I write in response to Dr. Sunanda Bharti's post on Spicy IP, which talks about rights granted to copyright owners of literary works, and which right is involved in converting a literary work to Braille. In  my opinion, the answer is not so complex as it seems. Braille is not a  language, it is a form of expression of a language. It has the same alphabets as the language and nothing changes except the way in which letters are represented. So, converting a work into Braille does not amount to translation or even transliteration. By writing a literary work in Braille, one is making an...

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Accessibility of Science to Persons with Blindness: Miles and Miles To Go

Accessibility

In my earlier post, I spoke about the legal framework for access of information and data to persons with blindness and other disabilities from the copyright and disabilities statute perspectives. In the article, I pointed out that access has been placed at less than one (1) percent and that the proportion of access is diminishing as the universe of information is expanding at a rapid rate. Sources and forms of information are changing so fast that   that accessibility is finding it impossible to catch up for various reasons. Publications, data and materials   are some of the basic elements of scientific...

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