Re: India's IP policies and US lawmakers.

Kiritkumar Lathia <[email protected]>
Newsgroups gmane.org.telecom.india-gii
Message-ID <CAMkH0Gy+x6isGkB-s+HWt0Fde27tGCUycW5dXnaeSdCW9S956A@mail.gmail.com>
2nd try.

On 5 July 2013 09:58, Kiritkumar Lathia <[email protected]> wrote:

> My anger has been on the fact that this forum has/had been hijacked
> concerning "social science" and "politics" in terms of India bashing. My
> simple request would be: If India is so bad and full of thieves, etc., and
> USA is Nirvana; why not move to Nirvana and let people in India get on with
> life and its challenges? I do believe that I do not need lectures on
> political/social science on this e-mail forum which I thought is
> "technical" in nature concerning GII (or ICT). The diatribe on how one's
> father brought one up (and hence implying indirectly that my father somehow
> "failed" since I have different opinion concerning IPs and how they have
> been applied/interpreted by the highest impartial Indian Court - for I do
> respect Supreme Court), etc. is frankly insulting to me and I hope others
> on this e-mail thread.
>
> Now to the IPR question:
> You will note that it is the USA patent policies and US courts where
> trolls thrive. You do not hear of IPR court cases in other countries and
> the judgements of other countries are not that punitive and hence not that
> interesting for the trolls. So we should not extrapolate from US policies
> or experiences to India which is an independent country and not a colony.
>
> My first assumption would be the Boston University (like all Universities
> worldwide) is an institution of higher learning and not a troll. It is
> rightly requesting payments for its IPs. Not knowing the details, I would
> guess that BU had approached the companies before filing a court case.
> However, in USA, I have found that the only way to discuss, at times, is to
> take the counter party to court and then force them to talk (settle outside
> the court). This has been borne out over and over again.
>
> However, there may be hope there as well when you analyse the Google
> (Motorola Mobility) and Apple court case relating to IPs or what is the
> "fair price" for IPs in a standard when all have signed up to (F)RAND terms
> and conditions. Note that an SDO is also sued in USA - look at the case of
> ETSI (a European SDO) being taken to court by Trueposition in USA. So will
> the same happen for an Indian TSDO (which may be set up soon?)
>
> I would much appreciate if this forum remains technical / information
> sharing and not divert to social sciences and how horrible India is. I am
> proud to be an Indian and I do recognise India has many challenges but the
> same applies to the Nirvana a.k.a. USA where people do die of hunger and it
> is the wealthies country on earth.
>
> Best regards

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