Friday, February 15, 2013

Leopaul's Heaven and Hell: Filipinos bringing home forms of media abroad is a violation?

I once read an web article my Facebook buddy just shared a few days ago and when I read it, seems that I am one of the many Filipinos haven't informed that the Supreme Court just passed a law that prevents Filipinos bringing home forms of media (Books, CD, DVD, MP3, well, you get the rest) abroad and that's somewhat a question sought to amend the Intellectual Property Code of the Philippines or Republic Act 8293.

Section 190 of the RA 8293 letting us bring home CDs and DVDs abroad because it's a right specifically granted “to persons or families arriving from foreign countries” but seems that the new law, which requires the President's signature to complete it (but I hope it won't), everything's changed because by the time Mr. President signs this, it will ban most Filipinos bringing home books, CDs, DVDs, or other forms of media from abroad and that's worse for those who have these as pasalubong for the kids. Yeah, that seems bad for us and gets worse...

Worse thing about this law is this...if you bought a gadget from abroad and if you modify your device to remove restrictions, you will be charged as Copyright Infringement. What? Does it mean that I would violate that law if I jailbreak my iPhone, or modifying other gadgets (say make the PS2 or XBOX 360 region-free)? Is downgrading a PSP or putting a Homebrew on it also a form of copyright infringement?

Back in 2002, I didn't realized that my dad bought me a Playstation2 during my return to Muntinlupa after staying with Daddy in Seattle during my vacation. I was so happy that I have a console that is much more better than the Sega Dreamcast. Heh, Dreamcast is rubbish by the way but still I respected this console when my Dad bought it during my child years, 2001 to be exact. You see there was this odd story that I am going to share it to you because here in the Philippines, an original PS2 game will cost me about thousand pesos or about the equivalent of your Meralco or PLDT bill you often pay it on your nearest Bayad Center while a bootleg PS2 game or what we called it PIRATED costs about the same as a gasoline that fuels your car.

Well, yeah, I really admit it because I went for the cheap ones because sometimes an original copy of a PS2 or X360 game is too pricey. It's like paying bills to Meralco or PLDT if you know what I mean. Well, since Sony discontinued the Playstation2, guess we won't be seeing one of those again and all that's left was some bootleg copies of PC games, which this ain't BOVVERED for those in the Philippines who have home PCs. Sometimes, if there's something cool, something that the bootleggers can't hold on one of those, I sometimes call my dad to buy one for me. Then, when me and my siblings went to the USA in late 2005, I bought some more, especially a SpongeBob game on the GameCube and some Nickelodeon games on my old laptop. I am relieving my youth days just so you'll know but hey, nobody's bovvered even when the Optical Media Board's raiding every store that infringes copyright, say a store vendor in a Divisoria that sells pirated DVD or CD.

I've been watching news about the OMB raiding through malls, night markets, wet markets, and any other establishments selling every unauthorized copies and the source of it. I sometimes ain't even BOVVERED by those news despite the fact that we bought those pirated copies for low prices. Even though we have pirated CD's, DVD's, VCDs, PS1 games, PS2 games, and others, I still ain't even bovvered, well okay, pirated CD's, DVD's, and VCD's only were the ones I am really BOVVERED because audio tracks have low quality, DVD contents incomplete, and pirated VCDs felt like it was recorded on the theater. Isn't it weird? Pirated VCDs felt like it was recorded unexpectedly on cinemas!!!

I also observed that in some parts of the neighborhood, you'll find something that says it will cost you one peso for one MP3 song and it was like what the heck is that but I'm not so sure if these like it came from illegal downloading sites or something else. I have no idea where did that came from and how would a lucky chap makes profit of selling MP3 songs for a peso. In the days that it's a bit complicated to make an iTunes account in the Philippines, this is the habit that most Filipinos are doing. Going through the neighborhoods and pay a peso for an MP3 download to listen to their MP3 players.

Well, enough about that super long story and back to the topic on why did the Congress erased our right to bring home music, movies, and books from abroad. Anyway, I was on the part where modifying a gadget will charge them copyright infringement. A penalty, if on the first offense, will slam me three years on jail or pay a 150,000 Peso fine while in the third or subsequent offense, nine years in jail and P1.5 million pesos of fine.

There's more; if you were leasing out a space, say you're operating a mall, to someone who infringes copyright, you can be liable. Also, if someone else downloaded music from the Internet and shared the file with you, and then uploaded it onto your technological device and listened to it, you could also be held liable if the download site was one that the US recording and movie companies have been trying to shut down. Mostly common was file-sharing sites. Let's remember, the US Justice Department taken down Megaupload, a file-sharing site, last year because of copyright infringement that takes a massive toll to the US music and movie industry. Also, several Japanese idiots were arrested for uploading unauthorized content via Share program. If you were downloading a site that the government deems this to be unauthorized, you'll be liable.

Those new amendments on the RA 8293 may sound scary as it seems and seems that it robs our freedom worse than the Anti-Cybercrime Law that some say it has the nickname of "Cyber-Dracula" because it brings fear to innocent lives. I mean come on, bought from a foreign country for personal use is a violation? Oh no. This is not a violation, it's a right. Besides, nobody's going to make money out of it or making unauthorized copies out of it. Well, what about gadgets bought from a foreign country but modified to remove restrictions? Well, that's a BIG SCARY problem most of the people are facing with.

Heh, there goes the memory of the Senior Project paper I made when I was in High School and this time on Seattle's Cleveland High. My senior project involves on cybercrime and I did include the illegal file-sharing or torrent stuff on my topic. Oh well...Long story short...

Gosh, I'm getting scared by this. If that law was signed, I swear that most dads will not be able to buy those kind of pasalubongs to the kids or something for personal recreation. Oh geez...

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