Friday, January 13, 2012

Google, Facebook, Yahoo to face prosecution in India

After Delhi High court’s judgment (“Like China, we will block all such websites”– Indian Government to Google and Facebook), Indian government has given a nod to prosecute Google, Facebook, Yahoo and 18 other sites for allegedly promoting enmity between classes and causing prejudice to national integration.

The Delhi court had reasoned that though “prima facie” the accused companies were liable to be summoned for promoting enmity between classes, causing prejudice to national integration and insulting religion or religious belief of any class, the summons could not be executed without the prior sanction of central or state government or the district magistrate.
Now, prosecution for these offences has been sanctioned by the government. They carry a maximum punishment of five years. The lighter charges on which the court had issued summons carried a term of three years. [source]

The government will also work with MEA (Ministry of External Affairs) to serve summons to these companies (i.e. to chairman of Facebook/Google etc).

Earlier Indian government asked Google/Facebook and other companies to manually screen content going into the system and very recently, government has asked these companies to setup local servers. The government also wants these companies to host data of Indian citizen, government organizations on Indian servers (and not move them out of the country), as part of privacy measure.

Paranoid?


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Singapore needs an ICQ moment, says investor Arnon Kohavi

For those of you who have been following the tech startup scene closely, you would have heard of Arnon Kohavi, an Israeli investor who tried but failed to set up a venture capital firm in Chile. As a result, he shifted his new fund, Yarden VC, to Singapore.

Writing to US tech blog TheNextWeb, he talked about the reasons why he left the Latin American country after six months, and highlighted the many drawbacks of the startup environment over there. This was after he proclaimed that “the next Skype, Facebook or MercadoLibre will have to come out of Chile.”

The interview sparked off an intense debate.

A Start-Up Chile participant wrote in to TheNextWeb to express disappointment at Arnon, questioning his commitment to Latin America. Sarah Lacy, formerly a columnist at TechCrunch, went even further, suggesting that Arnon is a fraud.

“Arnon Kohavi. Remember that name, don’t give him money and don’t let him invest in your startup,” she warned in her acerbic article.

But Arnon has many supporters too, which included many Chileans who agreed with his observations and even supported his decision not to put any money in the country.

Since that controversy, Arnon has been quietly spending the past three and a half weeks in Singapore, meeting people in the startup ecosystem, including entrepreneurs, investors, incubators, and public servants. He was even a judge at a Founder Institute event and was also involved in the recent DEMO Asia auditions.

His goals, he says, includes getting “a good sense of the ecosystem and how each group in each country relate to one another,” and also raising money from individuals and institutions both in Singapore and the region, to the tune of US$40M.

SGE: So how’s progress on the fundraising?

Arnon Kohavi: Well I’ve only spent a few weeks here so it’s more to learn, meet the people and understand the ecosystem. I’m starting to make trips outside of Singapore to the countries in the area. In the coming weeks, I’ll be going to be in India, Vietnam, Indonesia, and several other countries.

SGE: When you do raise the funds, how many startups are you planning to invest in?

AK: A VC fund in this region needs to do “seed plus” investments — invest in 20, 30 fairly early stage companies, and then keep funding them as they grow and show promise.

I would say the funds here needs to invest in more companies than the traditional VC in Silicon Valley. The reason is because you have to hold the hand of the company, you have to work with the company from a fairly early stage, because there’s not as many co-investors and syndication as compared to other countries and you don’t have bigger funds take over the investments because these funds don’t exist as much.

In Silicon Valley, the magnitude is bigger, so you have a lot of meetups and events, much more than anywhere else in the world, so you can easily talk to people, find people to join your startups. It’s very easy to get mentors and serial entrepreneurs to help. There’s a very developed angel network and a very developed early stage VC network. The critical mass and the ecosystem is there.

Also, Singapore needs to look at Israel as a model and not Silicon Valley because Israel is also far away from the markets like Singapore is and it’s a fairly small country. What you need is this network of people in the funding side, the mentorship side, the advisory side, the legal side, and so on.

SGE: So having spent three-and-a-half weeks here, what’s your sense of the tech startup ecosystem in Singapore, and how do you think it can be improved?

AK: It’s a small but growing ecosystem. There’s a lot of programs that government is providing. There’s a sense that people are expecting things to grow in the future.

What Singapore needs is a relatively large, successful exit, what I call “The ICQ Moment”, which happened in Israel. Because when ICQ was sold in Israel, every young person wanted to start a company because the guys who were very young each made a hundred million dollars. They became role models. So I think what you need to have here is a big success, so that young people don’t go to work for banks or big companies but they say: “I want to start a company”.

SGE: How would you define icq moment, how big a success?

AK: I think even a 50 million to 100 million dollar exit as long as the founders still have a big equity in the company. If a fairly young guy made five to ten million dollars, that’s probably going to make an impact on other people. You don’t need a Facebook-sized exit. Or the exit could be in an area that’s very impactful and you get a lot of press, and become sort of like a celebrity because you created something special. Maybe like Creative, 20 years ago when Singapore had a few companies that were very well known outside of the country.

SGE: What’s your take on the entrepreneurs in Singapore?

AK: It’s irresponsible for me after three-and-a-half weeks to have an firm judgement. But what is encouraging in Singapore is that it’s like a melting pot. It’s not just about Singapore-born people, it’s also about foreigners coming here and working from here. It doesn’t really matter who is successful, whether it’s an American living in Singapore, an Indian living in Singapore, or Singaporean. What matters is that the company will be based here, or the headquarters will be here, and it’s encouraging that you are seeing entrepreneurs from different countries who are now based here.

What I noticed that’s important about Singapore is that startups need to focus more outside the country. The Singapore market is too small, and also different, because it’s a developed country, you cannot learn what you did in Singapore and use it in Jarkata and other markets, even Kuala Lumpur is no good.

If you want to do startups that’s focused in Indonesia, you should immediately go to Indonesia and not try the product in Singapore. That is what we do is Israel, very few Israelis try their products in the local market, because it will not give you any indication. It’s very easy to reach success in Singapore, but that does not give you any indication of success in the world.

SGE: What are the gaps in terms of funding and mentorship?

AK: There are some programs by incubators and institutes that are good but there aren’t enough serial entrepreneurs in Singapore. Some of the best mentorships are not necessary by foreigners coming here but by local entrepreneurs who are successful and they invest and they’re involved. It still hasn’t happened here because there hasn’t been many exits.

My observation so far is that there’s a lot of incubators and money in the early stage and money for more established companies. But what’s missing is — and this is what I’m trying to target — is the A, B round, or late seed A, B round. This gap in the middle is where a company is beyond the idea stage  and has already raised 50,000 to 100,000 dollars. But between 100,000 dollars to 2-3 million is the part where it’s hard to raise money.

SGE: How far do you think the government can go in spurring tech entrepreneurship here?

AK: In general, it’s good to have government programs like Israel had. However, in the end the governmenet cannot create an industry, the private sector needs to be involved. So, for example, to create a vibrant VC industry you need institutional money — pension funds, and other institutions who invest in this asset class.

When you look at a market like Israel — the government helped but they did not create the industry. The industry was created because there was a lot of MNCs in the country and the people left the companies to start their own. There were enough people in the private sector who gave money and took a chance. It’s more an issue of business poeple and instutions in singapore taking a risk with technology. Historically the focus here has been in real estate and other things. People need to realize that technology can be a very profitable investment.

SGE: There’s been a lot of controversy about your short stint in Chile, and some have said that you gave up too easily on the country and were never serious about investing there in the first place. Is that true?

AK: I made a lot of friends in Chile, I like Chilean people, and the most successful entrepreneurs in Chile are friends of mine. My point is, things are going to take time, government initiatives like Start Up Chile are good programs, and they address some of the issues that Chile faces. But not others. Some of them are cultural aspects that would take some time, ten years or even a generation for the young people who are now 20 to turn 35. That’s why I said it would take ten years.

Now, no one paid me to move to Chile. I moved to Chile on my own money, and I had to fund myself. As a businessman, I said after six moneths I will determine if I can do business there or not. And I think it’s legitimate that after six months, if I feel that I cannot do business, then I cannot stay there for ten years hoping things will change. I think it’s up to Chileans to do that. I hope to invest in Chile, to come back when Chile is ready.

I think it is clear that I was not successful in what I was trying to do, and part of being entrepreneur is to admit when sometimes you’re not successful. I was not successful and there was a variety of reasons. But I think it was important for me to point out especially for my Chilean friends some of the observations that I had after living there for a long time to give them this feedback via the blog. Most Chileans were very appreciative, I got very, very positive responses from Chileans who said that I did point out the correct things.

SGE: Obviously the environment factored in, but were the other reasons why you failed?

AK: I was counting on the wealth that was created in Chile, especially wealthy individuals that I knew and were connected to through some friends. I was hoping that these people would find that the time is ripe for them to take a chance and invest, but it seems that they were not ready.

When the Israeli venture capital industry started, the initial investments and funds came from individuals — wealthy families and wealthy people. But the wealthy families in Chile are not ready to make a serious investment. I think it’s an evolution, they have not seen an ICQ moment. They are too comfortable, they make a lot of money from copper and natural resources and in many areas the society is very monopolistic, very few families control many industries.

So they’re making enough money and to a certain degree they don’t care. But it may change; my hope is that there will be a generational shift and that the people aged 20 to 25 who are starting companies will become successful. And in ten years they’ll make good money. Then, the situation be different.

SGE: Was six months enough time?

AK: Six months is enough to understand the culture and society and the responses from my Chilean friends is that I touched on the right points. I think I have a very good understanding of Chilean society now. In the tech world, six months is a long time, you can get a feeling of whether you want to stay longer or not. I still hope to invest in Chile and work with Chilean entrepreneurs but I realize that to raise funds there would be difficult.

SGE: Funding wise, what’s missing in Chile?

AK: There are some serial entrepremeurs in Chile that are providing mentorship. But the part that’s missing in Chile is exactly the part that’s missing in Singapore, which is the late seed, A/B rounds. Once you are very successful you can raise money from a foreign investor. People in government, people in the tech, local ecosystem all believe that’s the missing spot. And that’s why I originally went there.

SGE: But it’s difficult to attract foreign investors to Chile, isn’t it?

AK: Yeah, Chile is a small country that only has 17 million people. So, most foreign money in Latin America goes to Brazil. The challenge Chile has is that in terms of foreign investment, Chile is not the top priority. It’s the same for Singapore, most foreign funds have offices in China and India rather than in Singapore.

SGE: Now that you’re here, how committed are you to Asia?

AK: I’m committed to companies that I invest in and the entrepreneurs that I work with, regardless of where they are in the world, in Chile, in Singapore, whatever. It doesn’t matter where I physically live, I think it is important to spend time in the country to understand the culture and the ecosystem. But you don’t have to be there all the time. I’m a businessman, I’m committed to making good investments and in the end to make good money. I’m very open about that. I’m exploring this region and where I find good and interesting opportunities, that’s where I’m going to put my money.

SGE: Any companies in Singapore that you might potentially invest in?

AK: Yeah, I’ve seen a few interesting companies, even here in Singapore. I’m looking at some already.

End.


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Indian Government to Kill Aakash Tablet? To Dump Tablets to Rural India

Aakash tablet has been the buzzing word of the year 2011 and while the makers of Aakash tablet have been having a ball, few reports suggest that government might refuse to extend the letter of credit (LC) to Montreal-based DataWind and the government plans to dump these tablets to rural villages.

The HRD ministry had initially placed an order for one lakh units with DataWind. It received 30,000 Aakash tabs as part of the pilot run. But it proved a disaster after poor the feedback received concerning these tabs. DataWind had reportedly refused to upgrade the second tranche of 70,000 Aakash tablets with improved specifications, for which it sought more funds. However, it will supply the second tranche of improved Aakash tablets at the original price of Rs.2,250.[source]

Even our review of Aakash tablet can be summed up in few words – it just isn’t useful.

Akash : Cheapest Android Tablet

Akash : Cheapest Tablet? Who Pays the Price?

Future of Aakash Tablet

Even though these reports are not yet confirmed and DataWind expects to get a Letter of Credit before January 30th (the deadline), we remain cynical and unsure of this initiative (where are the broadband pipes to get your tablet up and running with data?)

So who wins in the end? DataWind – they have built a great brand just in few months and have got enough orders for their premium product, Ubislate. Also, they could be partnering with Mukesh Ambani’s ambitious’ 4G project that plans to sell tablets at less than INR 3,500 price.

Guess who is the loser here? Hint: It’s not the government.


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Chinese PC Maker Lenovo Showed Most Growth in Shipments in Q4

Gartner has released its estimates of worldwide PC shipments for the fourth quarter of 2011, and Chinese maker Lenovo (HKG:0992) posted the best growth among the top vendors, with 23 percent more shipments in the quarter.

With 14 percent market share, Lenovo still ranks second in global PC shipments just behind market leader HP (NYSE:HPQ), having leapfrogged Dell (NASDAQ:DELL) earlier in the year. HP retains a 16 percent market share despite a 16 percent shipment decline on the previous year. The afore-mentioned Dell sits behind in the third spot with 12.6 percent market share. We don’t hear too many headlines from Dell these days, but the company put up an impressive 30 percent growth in Asia according to the report.

Taiwanese vendors Acer (TPE:2353) and Asus (TPE:2357) rounded out the top five with 10.7 and 6.8 percent market share respectively. Although in terms of growth, the companies went in opposite directions with Asus’s shipments growing by over 20 percent, and Acer’s declining by 18.4.

Globally, PC shipments were down by 1.4 percent, but here in Asia there was an 8.5 percent increase on the same period last year.


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Baidu Wants to Help You Waste More Time Watching TV

In good news for square-eyed fans of TV shows, the web apps on the front page of Baidu (NASDAQ:BIDU), China’s biggest search engine, now alert users to when a new episode of their favourite show is available online. Just add a TV series into the bookmarks section of the site (as pictured above) and it’ll give out alerts on a daily or weekly basis, depending on when the show airs.

According to the Baidu blog today, among its claimed 500 million users, “roughly 20 percent of all searches are for TV shows.” I’m no maths genius, but 20 percent of a really big number is a pretty big number, so clearly it’s worth making it easier for people to keep track of their shows. The only catch is that, like with its rival’s iGoogle, it requires you to be signed-in to see all your neatly laid-out web apps and other customizations.

After testing it out, I see it works well. After adding a TV series to your bookmarks, you can click it to be taken to a sort of ‘series page’ on the Baidu Video site that details all the seasons and episodes available. From there you choose the video-streaming site on which you’d like to watch the show – in the example below there were five choices, including the Baidu-owned Qiyi – and then the content plays in a frame whilst still on the Baidu Video site:


Movies and licensed TV shows are a hugely competitive area on the Chinese web as they pull in tens/hundreds of millions of users and can attract some big-buck advertisers. But it’s an increasingly costly business in China, with the recent record set of one video site paying 1 million RMB (US$158,000) per episode for a classic serial drama. Korean and American TV series are really popular, in addition to Chinese titles.

On a peripheral note, earlier today we reported how Youku’s own video search engine has been challenged by three rivals who have decided to block it from indexing their own video content.



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The Cruel Irony of Tax Exemption

Since the “open door policy” was implemented in India in the early ‘90s, many liberal trade policies were introduced. Probably the most needed was an exemption of duties on goods produced for exports and export sales as such.

Here comes the irony

In true irony, goods for export are exempt from tax, but it doesn’t exempt the company from paying taxes on these goods at first.

To explain this in simple words, when a company manufactures a product for export, it has to pay excise duty like all other goods. After the goods are actually exported, the company has to produce proof of such export to the Excise department. After satisfying this, the department will eventually refund the excise duty initially paid. This concept is called duty drawback.

Some exceptions: Export Oriented Units

Of course there have been efforts to remedy the situation. The Export Oriented Units (EOU) policy allows tax holidays for 100% export oriented units. Manufacture under Bond (MUB) allows companies to import machinery duty free to manufacture goods for export. Special Economic Zones (SEZ) function as parallel economies with their own tax regulations. But only select industries can enjoy the benefits of these zones and policies.

And for the rest of us…

Companies who cater to both the Indian as well as global market are severely handicapped by the provision of duty drawback. The restriction is so strict that companies having both normal as well as export units cannot even transfer goods or raw materials amongst themselves (inter-unit transfers). If they do transfer, they get taxed immediately and have to resort to duty drawback eventually.

This of course is one of the government’s many precautionary measures to check tax evasion under the pretext of tax exemption. However, the fiscal regime’s inability to come up with better corporate governance measures has burdened versatile companies with immense paperwork and procedure.

So what can you as an entrepreneur do?

The sad truth is that as a manufacturer of a product, there is not much you can do. However, you can consult experts to see how you can design your procedures such that tax liabilities are minimized.

As a service provider, you are exempt from paying Service tax in many cases as per the Export of Service rules. However, you need to check whether the rules apply to you completely and if they do not, then you can check how you can reduce the tax liability.

Some tips on reducing compliance costs

Before you start any production or manufacturing process, make sure that you have systems that do the computation for you, just by entering the basic values. Shockingly, many companies even today do not have computerized systems to compute duty and tax liability.

Have your process inspected once to check for ways in which you can avoid ‘duty leakage’.

If you are a service provider, liability arises only after revenue crosses Rs. 9 lakhs. If you are, say, a graphic designing and web development company, you can create two companies instead of one – this will help you show revenues in the name of two companies and increase your exemption limit. This intelligent tax ‘avoidance’ is perfectly legal.

[About the author: Contributed by Hrishikesh Datar, founder of vakilsearch.com, online legal services provider (Legal Advice, Legal Documents & more.]

» More Legal Resources for Startups


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Spectrum Casuals – A Student Startup that could be the underdog of bulk apparel business

Spectrum Casuals is a student startup (started by IIT Kanpur students) that deals with bulk orders in customized apparels (t-shirts,sweatshirts,track suits,bags,etc),goodies,merchandise,in a nutshell – i.e. anything and everything that requires customization.We design,develop,and deliver the goods at doorsteps of suppliers.spectrum-logo-final-Copy-2

What’s the big deal about them? Well, they have focused on a niche segment of customers and have cracked deals with instiutions like IIT Kanpur (but obviously), IIT Kharagpur, BITS Pilani, ISM Dhanbad,  DCE, IIT Indore etc and even bagged corporate clients like SAIL, BHEL etc.

In its current form, the startup doesn’t offer online ordering/customization, but the crux of the business is in bagging these big clients and building custom tees/merchandise for them.

If you look at custom merchandizing business, very few startups are actually still working on them – since consumer part of the business is too heavy for customization (few funded companies were setting up stores in shopping malls, but the amount of customization customers expected vs. RoI didn’t really match). The bigger money lies with corporate clients/educational institutions which always works with some bit of ‘jugaad’ (i.e. contacts).

SpectrumCasuals is currently focusing only on these customers and have stayed away from the consumer part of business, which requires quite a bit of investment in infrastructure/marketing/PG integration etc.

In a way they aren’t different from several other small stores in big cities, but what really matters is their client base and the focus on serving only a particular segment.

What’s your take on such a business model? It may not sound super sexy, but is surely appealing. Right?

[Our coverage of Student Startups is supported by Lenovo's DoNetwork initiative.]

[Are you a student working on a startup idea, we would like to talk to you. Fill in the form at http://www.pluggd.in/students/ and we will get in touch with you.]


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