Friday, December 22, 2006

LITIGATION REGARDING LINUX

(This article was part of the speech 'Open Source Software and Intellectual Property Rights' and was written at that time. The Trust has posted it separately for convenience. Out of the five suits, only one has been decided. It is also relevant to point out that this post is no reflection on the merits or demerits of any of the suits.)

Tuesday, December 12, 2006

OPEN SOURCE SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS

(The text of the talk delivered by Justice Yatindra Singh at Indian Institute of Information Technology, Allahabad 19.4.2004. It has been modified since then.)

CYBER LAWS
Inventions, discoveries and technologies widen scientific horizons but also pose new challenges for the legal world. Information Technology—brought about by Computers, Internet, and Cyberspace—has also posed new problems in jurisprudence. These problems have arisen in all areas of law. The law (statutory or otherwise) providing answers to these problems or dealing with Information Technology are sometimes loosely referred to as 'Computer Laws' or 'Information Technology Laws' or simply 'Cyber Laws'. Intellectual property rights (IPR) are important aspect of Cyber laws. Today we will discuss one aspect of IPR relating to the Open source software. But first a few words about WTO and IPR.

Sunday, December 10, 2006

TOWARDS A GREENER TOMORROW

(Paper presented by Justice Yatindra Singh, Judge Allahabad High Court, Allahabad at the Workshop on ‘Judicial Enforcement of Environmental Law’ Organised by Centre for Environment Education-North (Lucknow) and Environmental Law Institute (Washington DC, USA), in collaboration with Judicial Training and Research Institutes, UP (Lucknow) on 19th October 2003. This paper has been updated since then.)

The last century was the century of physicists but this is no longer true. This century is the century of biologist, a century of environmentalists. Environmental problems and issues will play crucial role in this century. We cannot march towards a brighter tomorrow unless we understand and solve them.

Saturday, December 09, 2006

GENDER JUSTICE – A LEGAL PANORAMA

Talk delivered by Justice Yatindra Singh in the colloquium on ‘Gender and Law’ organised by the National Judicial Academy, British Council and the Allahabad High Court at JTRI Lucknow on 14th October 2001. It has been modified since then.

An illustration from a medieval translation of Euclid's Elements, (c. 1310) showing a woman teaching geometry to male students - courtesy Wikipedia
It is heartening that the National Judicial Academy, British council and Allahabad High Court are organising this colloquium on 'Gender and Law'. Action in law is in the courtrooms and its outcome depends on how well equipped judges are: better their knowledge, more satisfying the results. And who else but the National judicial Academy, the highest body for training Judges, should undertake to equip them. British owe a debt to Indian Women. Women's estate or widow's estate was unknown to Mitakshra and widow or daughter never had limited rights: they inherited like male heirs. Privy Councillors and the British Judges warped by status of women in England (see End note-1) and influenced by later developments in law of Dayabhag (by Jimutvahan to get over difficulties in Bengal) interpreted the women’s rights limiting them to their lifetime (See ‘Evolution of Ancient Indian Law’: Tagore Law Lectures 1950 by Dr. N.C. Sen Gupta pages 185, 190,1991-192, and 195). British Council is rightly redeeming that debt. Allahabad High court has unique contribution in the field of Gender Justice: it will be clear in my talk, just bear with me for some time.

Aadhaar - Inadequate Data protection

Ambedkar Presenting final draft of the Constitution to Rajendra prasad - Picture courtesy Wikipedia The three part series on 'Priv...