October 1, 2015 No.7
https://www.facebook.com/mehtarahulc/posts/10153064253621922
Why is India behind than USA in SOFTWARE ? ---- Importance of Jury System and Right to Recall judges (in reducing software piracy and promoting growth in software) over polity / administration / reservation / culture etc
.
India lags behind USUK in software. And lags behind terribly. We have NO software company in India that can compare with any product company of US --- be small or large. Forget Google or Microsoft or Facebook --- even companies which make software components are very few in India..
.
Many activists / intellectuals etc blame govt, babu, policemen, excise. customs, labor laws, and yes, RESERVATION , political culture of people etc to explain why India is behind USUK. They will all refuse to explain why India lags behind USUK in software.
.
So how does it explain why India is behind USA in software? Despite the fact that India's almost entire apex talent goes in software or medicine, while USA's apex talent gets distributed over 10s of fields such as weapons, physics, hardware, electronics, medicine, medicine equipment, medicine manufacturing, biology, chemistry, mechanical engineering, movie making and several other fields.
.
Software industry has no labor laws. It has no dealing with excise dept, pollution control dept. etc. It has minimal interface with customs dept when they import hardware, which is small % of costs and most companies buy from local Indian traders, and so the software company has no interface with customs. The dealing with Income Tax dept is simple, as income is in cheque, expenses are all cheques and there isnt much Income tax dept can do.
.
Software industry also doesnt face problem of govt apathy. Because in USA too, Govt doesnt give much subsidy etc to software business anyway.
.
So whom shall you blame now? Why is India lagging behind USA so badly in the field of software.
,
My answer is ---- poor courts. And please note that we do NOT have reservation in supreme court or high court , and have minimal reservation in lower courts which often doesnt get implemented.
.
How do courts impact functioning of software companies?
.
In software, stealing copyrights, stealing patents, stealing code, PIRACY, stealing customer list, stealing employee lists, paoching employees etc are , physically speaking, very easy. IOW , a there are little physical safeguards to protect software owner. Sure, there are techniques like dongle, encryption, license files etc etc. But depending on them also causes a lot of inconvenience to genuine users.
.
IOW, if a software manufacture is not protected against piracy and other "soff" thefts , then software maker will confine to contracts and not focus on product making.
.
I repeat ------ if a software manufacture is not protected against piracy and other "soff" thefts , then software maker will confine to contracts and not focus on product making.
.
And in protecting a software maker, it is basically a court job and there is not much police etc can do. The most policeman can do is confiscate a PC and give to some expert. Rest all, is decided by courts.
.
Now US courts have following features not seen in Indian courts ---
.
1. Jury System
.
2. Elected judges, elected police chiefs, elected public prosecutors.
.
.
3 . Right to Recall over judges, police chiefs, public prosecutors.
.
In India, political leaders such as SoMoKe , CoBhAp-leaders , Mohan Bhagwat etc opposed Jury System , multi-election system i.e. election of judges / police chiefs / public prosecutors and also opposed RTR over these positions. And sadly, most activists decided to become andhbhagats of SoMoKe or workers of CoBhApSwaRa . And so when SoMoKe / MB ordered them to oppose JurySys , multi-election system in judges, PP, police chiefs etc and RTR over them. And so all SoMoKe-andhbhagats , which make up over 90% of activists in India, started opposing JurySys , RTR etc. And so even after years and years of efforts of us recallists, we still dont have JurySys , RTR etc in India.
.
So Indian courts are far far more corrupt / nepotic / nexused and also inefficient compared to US courts.
.
And so Indian courts do far far worse job in reducing piracy and other soft-thefts such as stealing client lists, employee lists etc.
.
So Indian software manufacturers insist on confining to contracts or products where dongle is worth the price and hassles, and dont enter markets where product can be sold without dongles.
.
In USA too, courts drew a defacto line. They refused to punish soft pirates who were using pirated copies inside homes and colleges. i.e. home users and students were given so much benefit of doubt that software manufacturers stopped filing cases against them. But courts did crack down heavily on commercial and industrial users. And so offices in USA are doubly conscious to ensure that software copies are all legal , and no employee is obtaining any stolen copyrights, stolen client lists, stolen employee lists etc. At the same time, courts refused to punish an employee who was using "knowledge earned and stored in his own mind". A judicious mix of do and dont allowed full productivity and also cracked down on piracy.
.
And so despite able software engineers, India is near zero compared to USA in product as well as utility software, and is confine to contract work.
.
SOLUTION?
.
The steps I propose to non-andhbhagats are --- they should publicize the law-drafts such Jury System, RTR-judges etc. These law-drafts will improve our courts and so software piracy inside companies (not homes and colleges) will reduce and so software manufacturers inside India will grow.
.
The law-drafts for JurySystem is athttps://www.facebook.com/mehtarahulc/posts/10152258909086922 and RTR-judge-law-draft is athttps://www.facebook.com/mehtarahulc/posts/10152255278191922 .
.
Pls send above links to MP via SMS as an order.
.
And pls give newspaper advt for JurySys , RTR etc and pls distribute pamphlets, and pls content elections on these issues, or support candidates who have publicized these law-drafts. That way, chances that JurySys , RTR-judges etc will come in India increases.
https://www.facebook.com/mehtarahulc/posts/10153064253621922
Why is India behind than USA in SOFTWARE ? ---- Importance of Jury System and Right to Recall judges (in reducing software piracy and promoting growth in software) over polity / administration / reservation / culture etc
.
India lags behind USUK in software. And lags behind terribly. We have NO software company in India that can compare with any product company of US --- be small or large. Forget Google or Microsoft or Facebook --- even companies which make software components are very few in India..
.
Many activists / intellectuals etc blame govt, babu, policemen, excise. customs, labor laws, and yes, RESERVATION , political culture of people etc to explain why India is behind USUK. They will all refuse to explain why India lags behind USUK in software.
.
So how does it explain why India is behind USA in software? Despite the fact that India's almost entire apex talent goes in software or medicine, while USA's apex talent gets distributed over 10s of fields such as weapons, physics, hardware, electronics, medicine, medicine equipment, medicine manufacturing, biology, chemistry, mechanical engineering, movie making and several other fields.
.
Software industry has no labor laws. It has no dealing with excise dept, pollution control dept. etc. It has minimal interface with customs dept when they import hardware, which is small % of costs and most companies buy from local Indian traders, and so the software company has no interface with customs. The dealing with Income Tax dept is simple, as income is in cheque, expenses are all cheques and there isnt much Income tax dept can do.
.
Software industry also doesnt face problem of govt apathy. Because in USA too, Govt doesnt give much subsidy etc to software business anyway.
.
So whom shall you blame now? Why is India lagging behind USA so badly in the field of software.
,
My answer is ---- poor courts. And please note that we do NOT have reservation in supreme court or high court , and have minimal reservation in lower courts which often doesnt get implemented.
.
How do courts impact functioning of software companies?
.
In software, stealing copyrights, stealing patents, stealing code, PIRACY, stealing customer list, stealing employee lists, paoching employees etc are , physically speaking, very easy. IOW , a there are little physical safeguards to protect software owner. Sure, there are techniques like dongle, encryption, license files etc etc. But depending on them also causes a lot of inconvenience to genuine users.
.
IOW, if a software manufacture is not protected against piracy and other "soff" thefts , then software maker will confine to contracts and not focus on product making.
.
I repeat ------ if a software manufacture is not protected against piracy and other "soff" thefts , then software maker will confine to contracts and not focus on product making.
.
And in protecting a software maker, it is basically a court job and there is not much police etc can do. The most policeman can do is confiscate a PC and give to some expert. Rest all, is decided by courts.
.
Now US courts have following features not seen in Indian courts ---
.
1. Jury System
.
2. Elected judges, elected police chiefs, elected public prosecutors.
.
.
3 . Right to Recall over judges, police chiefs, public prosecutors.
.
In India, political leaders such as SoMoKe , CoBhAp-leaders , Mohan Bhagwat etc opposed Jury System , multi-election system i.e. election of judges / police chiefs / public prosecutors and also opposed RTR over these positions. And sadly, most activists decided to become andhbhagats of SoMoKe or workers of CoBhApSwaRa . And so when SoMoKe / MB ordered them to oppose JurySys , multi-election system in judges, PP, police chiefs etc and RTR over them. And so all SoMoKe-andhbhagats , which make up over 90% of activists in India, started opposing JurySys , RTR etc. And so even after years and years of efforts of us recallists, we still dont have JurySys , RTR etc in India.
.
So Indian courts are far far more corrupt / nepotic / nexused and also inefficient compared to US courts.
.
And so Indian courts do far far worse job in reducing piracy and other soft-thefts such as stealing client lists, employee lists etc.
.
So Indian software manufacturers insist on confining to contracts or products where dongle is worth the price and hassles, and dont enter markets where product can be sold without dongles.
.
In USA too, courts drew a defacto line. They refused to punish soft pirates who were using pirated copies inside homes and colleges. i.e. home users and students were given so much benefit of doubt that software manufacturers stopped filing cases against them. But courts did crack down heavily on commercial and industrial users. And so offices in USA are doubly conscious to ensure that software copies are all legal , and no employee is obtaining any stolen copyrights, stolen client lists, stolen employee lists etc. At the same time, courts refused to punish an employee who was using "knowledge earned and stored in his own mind". A judicious mix of do and dont allowed full productivity and also cracked down on piracy.
.
And so despite able software engineers, India is near zero compared to USA in product as well as utility software, and is confine to contract work.
.
SOLUTION?
.
The steps I propose to non-andhbhagats are --- they should publicize the law-drafts such Jury System, RTR-judges etc. These law-drafts will improve our courts and so software piracy inside companies (not homes and colleges) will reduce and so software manufacturers inside India will grow.
.
The law-drafts for JurySystem is athttps://www.facebook.com/mehtarahulc/posts/10152258909086922 and RTR-judge-law-draft is athttps://www.facebook.com/mehtarahulc/posts/10152255278191922 .
.
Pls send above links to MP via SMS as an order.
.
And pls give newspaper advt for JurySys , RTR etc and pls distribute pamphlets, and pls content elections on these issues, or support candidates who have publicized these law-drafts. That way, chances that JurySys , RTR-judges etc will come in India increases.
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