'Watch out, India says Open Source'

Strange are the ways of trade coalitions. They work to promote "the rule of law" and create a framework in which their members companies can do business in a just manner. But when push comes to shove, they are not far from eschewing the same principals that they claim to uphold.

The International Intellectual Property Alliance (IIPA) is a private sector coalition that closely "works with the US Trade Representative to prepare the annual Special 301" reviews. The Special 301 is a document categorizing the countries that are not 'actively' protecting copyright. In other words, countries mentioned in the Special 301 are those where, the US believes, copyright environment is not up to the mark and which require "close watch". In no way does the document advocate any severance in trade ties, but the list is often taken out in backroom trade meetings and used to full effect during negotiations. India figured in the special list in 2009 and if IIPA's recommendations for 2010 are any indication, will likely figure in the list again this year.

Some may argue that India has a loose copyright regime (I will say it's just and not draconian the way it is in the US where copyright Nazis shoot from the hip and often win due to lobbying and money muscle) and there is no harm in a discussion. But the problem with the latest IIPA recommendations is that it mentions Open Source software in the same vein as software piracy.

"The industry is also concerned about moves by the government to consider mandating the use of Open Source software and software of only domestic origin. Though such policies have not yet been implemented, IIPA urges that this area be carefully monitored," IIPA stated in its latest report that recommended India needed to be placed in Special 301.

Open Source software has its detractors. But no one had claimed that it is a form of piracy or is illegal. After all, why should it be a concern to anyone if someone burns the midnight oil tapping on his keyboard and in the name of Penguin, releases his code in public, relinquishing all rights over his work? It's just an individual's choice.

IIPA knows all this. It also knows that in countries like India, government departments often blow up large sums of money on useless software suits in the name of "digitizing" their working. In such a scenario, any attempt to move to Open Source computing has instant ramification for proprietary software companies. Government departments in India move at their own sweet pace and I doubt if there are some babus or politicians who realize how much state money they can save by choosing to use Open Office instead of MS Office, or Gimp instead of Photoshop, or a customized Linux OS instead of Windows XP or Windows 7. In such a scenario if someone high up indeed comes out with clear guidelines asking state officials to have a look at free alternatives of commercial software, it is a cause for concern to IIPA.

A concern big enough to require some underhand arm-twisting.

Open Source is as free as the free market, a cause that is championed by the organizations such as IIPA. There is no doubt that some proprietary software suits are just too good and there is no way you can replace them with Open Source software. But what a government, organization or individual is going to use should be decided by free market mechanism and not dictated down by an organization that is simply trumpeting the cause of its members.

Debate over copyright is something that will shape the digital world of future. And, even as I wish that there could be a more uniform copyright framework across the world, simply toeing the US line is not really an answer. Given that our country is a developing nation, we will do grave injustice to millions of Indians if we shy away from Open Source software and start enforcing the US copyright regime that has been shaped by some hectic lobbying.