The Hindu dated March 26, 2005, Chennai edition, has published an article titled "Patents Bill: a setback to innovative software developers" written by Shanthi Kannan.
The report has totally missed the fact that under Article 10(1) of the TRIPS Treaty, "Computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention (1971)", which India has complied with even by 2000, by bringing in amendments to the Copyright Act, 1957. The mis-application of patent law to cover computer programs would have been a serious violation of our international obligations and India could have been arraigned before the WTO for breach. The illegitimate practice of granting patents for computer programs is notably present in US, Japan and a few European countries. India should complain to the WTO and obtain a ruling asking these countries to comply with the TRIPS treaty and update their laws.
The only good about the report is that it carries the opinions of the "Chennai based cyber expert and trademark attorney A. Mohan", who has largely spoken on the lines of the representations made by FSF India against the introduction of patentability for embedded software. Nasscom is reported to be saying that embeded software needs "protection" as though it would have helped innovative small and medium companies in the IT sector. Nothing could be further from the truth: it is the mega transanational corporations that have abused patent law in countries like the US and obtained a large number of "software patents" to extract "royalties" from small and medium sized companies, and indulge in all kinds of "cross licensing" that neither promote innovation, nor help the software field apart from being a drain on revenue.
The Hindu, has revealed a shameful fact about India's software industry: "India has a very few software products - the industry supplies "bodies" (body shopping) to develop software for global giants". It is clear that those thirsting for "innovation" would hardly be engaged in such a trade, that is as despicable as slavery, and its practitioners could possibly have no interest other than making profits.
The Free Software Foundation of India campaigned strongly against the change, and not surprisingly, the most innovative contributions are made by free software developers. The article completely glosses over the fact that GNU/Linux is extensively used to write "embedded software", and there is no cause to imagine that the dropping of the amendment is a "setback to innovative software developers". The most innovative developers, including the FSF, OSI, Oracle corporation, and many others have publicly condemned the practice of "software patents". The truth is that the timely intervention of the Left Parties has saved and protected the software industry from falling into a disastrous pit of doubt, darkness and doom.
I have sent my comments to the Editor, Hindu, at letters@thehindu.co.in Please share your opinion too :)