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"Gupta, Indranath"
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Piracy in the digital era : psychosocial, criminological and cultural factors
This book builds an empirical basis towards creating broader prevention and intervention programs in curbing digital piracy. It addresses the psychosocial, cultural and criminological factors associated with digital piracy to construct more efficient problem-solving mechanisms. Digital piracy including online piracy involves illegal copying of copyrighted materials. This practice costs the software industry, entertainment industry, and governments billions of dollars every year. Reports of the World Intellectual Property Organization (WIPO) and Business Software Alliance (BSA) view piracy largely in the light of economic factors; the assumption being that only those who cannot afford legitimate copies of software, music, and movies indulge in it. Drawing on research and theories from various disciplines like psychology, sociology, criminology, and law, the authors have designed an empirical study to understand the contribution of psychological, cultural and criminological factors to digital piracy. The chapters include data from India and China, which continue to be on the Special 301 report priority watch list of the WIPO, and Serbia, which has been on the watch list 4 times. They examine the role of self-control, self-efficacy, perceived punishment severity, awareness about digital piracy, peer influence, neutralization techniques, novelty seeking, pro-industry factors and other socio-demographic factors in predicting digital piracy. This book addresses a large readership, comprising academics and researchers in psychology, criminology and criminal justice, law and intellectual property rights, social sciences, and IT, as well as policymakers, to better understand and deal with the phenomenon of digital piracy.
Book
Recognition of the rights of domestic workers in India : challenges and the way forward
This book brings together a set of contributions that examine the complexities associated with domestic work by highlighting not only the legal issues but also exploring the social, psycho-social, economic, and cultural dimensions of domestic work. The book aims to ignite a collective effort towards ensuring decent work for domestic workers and facilitate a public debate on their rights. It includes discussions on the issue of social justice with special emphasis on invisibilization and undervaluation of domestic work, feminization of domestic work, and recognizes the rights of domestic workers as human rights. The issues covered in this book bridge the gap between legal and social dimensions of domestic work and address the discrimination faced by domestic workers in a holistic manner. Given its scope, the book would appeal to both academics (law as well as social science) and non-academics. It will be a useful tool for teachers, students, practitioners, policy-makers and civil society organizations working for the unorganized sector.
Book
India’s Forthcoming Rules under the Digital Personal Data Protection Act: An Opportunity to Reduce Gaps in the ‘Notice and Consent’ Framework for Cookies
‘Notice and consent’ is a predominant requirement in data protection ecosystems. This requirement has been recognized by the Digital Personal Data Protection (DPDP) Act, 2023 in India. However, there are several reasons why the notice and consent framework could operate sub-optimally. These are reasons because of the ecosystem in which such a framework functions. For instance, the standard operational practices falling under the ‘notice and consent’ framework do not offer real choices to individuals, they do not succinctly capture complex data processing, and they do not capture the psychosocial aspects of individual decision-making. These problems are amplified in India, which has high digital illiteracy and low privacy awareness. This article suggests that the forthcoming rules under the DPDP Act are a means to address the operational problems that affect the notice and consent framework in India. The article takes cookies as an example to suggest the norms that are crucial to consider while implementing an optimal framework.
Journal Article
Was feist a catalyst for the structure of database directive?: a legal exploration of the implications of the feist decision
This thesis studies the influence of US Supreme Court judgement in Feist Publications Inc. v. Rural Telephone Service Co on Directive 96/9/EC. It primarily looks at the implications of Feist decision, and the influence that it had on European legislation. The decision in Feist Publications led the Commission to believe two things: Feist created a new-line of jurisprudence in US in the context of copyright protection of factual databases, and the decision will be detrimental for future production of electronic databases. This thesis shows that the Feist decision was a clarification of existing copyright law. As an example, the thesis observes that the US database market did not react to any apprehended negative impact of Feist. In the US, where there was no specific Database Right, Feist has had negligible practical and doctrinal impact. The Feist decision also left an indelible mark on the overall structure of the Database Directive. While Article 3 represented the positive impact, Article 7 was surrounded by uncertainties and ambiguities. This Article represents the outcome of apprehending negative impact of Feist. This has resulted in an imbalance which must be rectified and only a limited amount of protection should be offered to producers in absence of evidence.
Dissertation
Phones that are too 'smart' for the law?
There is no such need of setting up an additional body to determine FRAND terms for patents relevant to a standard. [...]standards bodies, spread across countries, differ from one another in the composition of members, the technology underlying the standard, and the IPR policies meant to safeguard the interests of patent licensors as well as the licensees.
Newspaper Article
A two-staged NLP-based framework for assessing the sentiments on Indian supreme court judgments
Topic modeling is a powerful technique for uncovering hidden patterns in large documents. It can identify themes that are highly connected and lead to a certain region while accounting for temporal and spatial complexity. In addition, sentiment analysis can determine the sentiments of media articles on various issues. This study proposes a two-stage natural language processing-based model that utilizes Latent Dirichlet Allocation to identify critical topics related to each type of legal case or judgment and the Valence Aware Dictionary Sentiment Reasoner algorithm to assess people's sentiments on those topics. By applying these strategies, this research aims to influence public perception of controversial legal issues. This study is the first of its kind to use topic modeling and sentiment analysis on Indian legal documents and paves the way for a better understanding of legal documents.
Journal Article
Counting Rational Points on Danielewski and Double Danielewski Surfaces over Finite Fields
Let \\(\\) be the finite field with \\(q\\) elements. We study the number of \\(\\)-rational points on Danielewski and double Danielewski surfaces. For Danielewski surfaces, the point count is reduced to the number of roots of \\(P(Z)\\) over \\( \\) For double Danielewski surfaces, one has to count the number of tuples \\(( )ın^2\\), such that \\(P(0,)=0\\), \\(Q(0, )=0\\) hold simultaneously. We compute these numbers using gcd methods, resultants, character sums, Gauss sums, and the König--Rados theorem. We obtain explicit formulas in several structured cases, derive general bounds, and give a Macaulay2 algorithm for verification and show an intresting connection between the number of \\(\\)-rational points of these surfaces and polygonal numbers.
Paper