The Joy of Information Technology

This infotech class, aside from teaching me different sorts of stuff about information technology and the relevant laws, has also given me an opportunity to do some blogging. I had a blog and even a website but I really could not maintain them, I was just too busy as a graduating law student, Research Assistant and UP OLA Law Intern, not to mention a dutiful son. And I knew about this from the very start, so I didn’t tell other people about my blog. Alas, my blog feels really lonely (to be expected, since nobody knows about it). I know some actually maintain really nice blogs on top of their busy schedules, but I couldn’t, not right now anyway. Plus, I felt I needed a bit more interaction than just someone making comments on my posts.

These final few weeks before graduating - of course with the help of my kind and wonderful professors (read: oh, please let me and the rest of the people graduate) – I suddenly feel nostalgic. And it appears so have my classmates back in high school. By some twist of fate someone in my batch (batch 1999, Manila Science High School) thought of putting up a forum. It’s only a few weeks old but its been a blast! We’ve had two batch e-groups currently running but they never reached the level of activity that our new forum has reached.

The excitement may be attributed to the fact that its new, but I really think it goes beyond that. In our e-groups, only a number of people dominate it – people composing 3 or 4 sections (out of 8) of our batch, with people from the rest of the sections posting only every once in a while. I was one of the latter. The reason, I feel is that a new message seemed to be out of place whenever it did not respond to the current topic. Of course we could have made a separate topic for it, but it seems that nobody really bothered with it. Some were really active posters so being lazy can’t account for the whole reason.

In any case, we suddenly realized that a forum is much less linear, much more anything goes. Its like having a bigger room where you can pull people aside and have more intimacy and yet still having the opportunity to meet up and join the bigger crowd. The e-groups, in contrast, felt like a hall-cum-waiting-room, either you sat quietly or you engaged people in the current topic. Doing otherwise appeared impolite.

With this more relaxed atmosphere, suddenly, we had posters who we never heard from the last 8 years (almost). Those outside the country have suddenly come alive again. Suddenly, we’re talking of mini-reunions, practice reunions and grand reunions. Even those abroad have said they would come – amazing!

I think, in the end information technology should give us this feeling – a great and happy feeling.

-by Stanley Cabrera

Otakon 06

As the summer vacation comes nearer and nearer, I suddenly recalled how the past Christmas vacation started – a few hours before my block Christmas party. On that fateful Saturday afternoon, I got to school well before my class (!) and so I headed to the Bahay ng Alumni, where an, uh, Otakon, or anime convention was being held. It’s called an Otakon since it’s a conference of anime crazed people (like, uh, yours truly) who are called Otakus.

So, what do Otakus do in an POtakon? Why, they infringe copyrights, that’s what they do! Uh, hmm, maybe I should rephrase that. Wait a sec….

Okey so I cant put a nice (credible) on it, people were burning copyrighted material (anime or Japanese cartoons and the accompanying soundtracks for such) and selling them left and right. That it did not get raided is quite a puzzle to me, but in the same time a joy. Maybe the industry get a whiff of it. Maybe they did but they didn’t care. Maybe the organizers didn’t care. In any case, I went to see their wares.

As a would be lawyer who actually took electives in IPL and Infotech, I had quite an odd feeling. Well, maybe the fact that I was in a dark red polo shirt and jeans while everyone else were in cosplay mode (this is when otakus wear the silly costumes of their favorite anime characters) and were giving me a semi-puzzled-semi-hostile look added to the odd feeling. Anyways, I said to myself “to heck with you people, I’m playing a communist anime character, if ever there was one. I was able to shrug off their stares.

Anyways, it is of note that in Japan Otakon is a bigger thing for Doujinshi than for original copyrights owners/creators of anime. Doujinshi are basically different versions of copyrighted material made by fans of the original, and instead of curtailing such, creators often allow them. It appears that for them it is a mark that their creation is valuable and is well loved. An analogy in local terms could be made with the spoofs done by Bubblegang, as people have recognized the fact that a commercial spoofed by the said show indicates the popularity and strength of such commercial. Thus, almost no complaints are made. This is just logical considering that after a spoof (or Doujinshi), the original becomes even more stronger.

Thus, to my mind it would be a interesting experiment that instead of having pirated materials it would be best to actually have our own spin on the creations of others, the goal being that ultimately such an exercise would nurture our creativity. After all, its been said over and over that we Filipinos can adapt things very easily. Why not stretch it a bit and therefore be more creative?

-by Stanley Cabrera

Attack of the Black CDs

A few weeks back a lecture was delivered regarding the duplication and copying of CDs. It was quite amusing to me, personally, since I have done a little research on the matter. Why so? Well for the simple reason that I am an aspiring (okey, so maybe hopeless wannabe) audiophile. Yeah, one of those blokes who think paying for a stereo set-up with a check good enough to get a brand new car is rational. Somehow.

Personally, I dream of acquiring a set-up with Pipe Dreams 9 stereo speakers powered by Athmasphere tube amps with Meridian electronics and Kimber Cable wires. However, since such a set-up could easily cost more than that of a Porsche, I will continue to dream for the rest of my life. The belief of audiophiles that such pricing is justified is just one of their odd ideas. They also have this idea that a duped CD sounds better than an original, factory pressed CD. Not only that, some believe a black duped CD sounds the best. Weird, huh?

What’s more weird is the fact that they’ve actually gotten an explanation for it. The gist is supposedly since original CDs are pressed from the label side, the pits of a master CD are actually turned to bumps which, in reflecting the laser beam of a CD player, reflect some of the light to the rim of the CD (and thus justifies another odd belief of audiophiles, the use of “edge treatments” to improve the sound of CDs. This means that there is a bigger chance for, uh, noise or distortion. On the other hand, duped CDs made by CD burners actually have pits which tend to have a more controlled reflection of laser beams, and thus, allegedly, less noise. Yes, this despite the fact that “a bit is a bit”, the idea being that what matters is that how such a bit is made. Try GooglingBlack Memorex CD Stereophile.

With regards to black CDs, this time they seem to have run out of an explanation. Could it be that the color black is supposed to absorb light rays and therefore the errant (and thus weaker) light from unnecessary reflections of the laser beam is also absorbed, ultimately leaving just the “bit” and stripping it of noise? Nobody has offered this an explanation, only that black CDs usually do sound better than other CDs. Although supposedly Gold CDs also sound nice. Of course, “sound nice” is a qualitative term which, depending on what audiophile school of belief you belong in, should be controlling (i.e. its more important that it sounds better – colored, even – as opposed to being 100% true to the recorded sound, which might be edgy). What complicates matters is that, naturally, some say they hear it differently, and some say they don’t hear a difference.

Me? I think black CD-Rs look cooler, but as for the sound, hmmmm…….

-by Stanley Cabrera

Texting – What’s Next? (part 2)

Some thought that MMS would make texting obsolete. MMS, which was very much hyped before and during its launch, can basically be understood as texting with some multimedia with it – such as a picture or even a video clip. Years ago, the prospect appeared to be really enticing – remember the Globe commercial featuring Donita Rose and had the catch word “Proof!”?

In the first seen, a pair of apparently conyo guys were chatting, with one saying to the other (more or less), “Hey, x is in Hong Kong (or is it Singapore?) right? Guess who he met?” Then he shows his phone, where apparently the text of their friend x was displayed – that x had met Donita Rose. The conyo guys laughed out loud. Then Globe shows a MMS with Donita hugging x and the word “Proof!” is flashed. It was an amusing concept, and in that particular instance it was actually put to some use. It seemed that MMS would be the next wave of the future.

Fast forward to the future and, well, Donita has a kid and is married and MMS hasn’t really caught up fire. Not that people didn’t use it – some actually did. It was a major selling point of the newer generation of higher priced phones – MMS enabled used to be the critical element. But since it was originally priced at 30 plus Pesos a message, only a few could afford it. It also posed a problem regarding compatibility, as not everyone had a compatible phone and, however fashionable it was to have the top of the line phone, it sure was lonely for some people. MMS is not a total failure, but to say that it’s a success in the Philippines would be stretching it.

Meanwhile, texting has not slowed down. It has gotten bigger. People from other countries have also noted that we like to text. It seems that there’s a certain appeal to twiddling our thumbs on those tiny keyboards – with perfect muscle memory. You can notice it most when you use another person’s phone or you yourself changes to a new one – your fingers seem to know how many times to press. As such, when you switch to a different brand (say from Nokia which is regarded as having the most user-friendly interface, to Sony Ericsson, which has more characters assigned to buttons) you find your fingers stopping from typing even though what is displayed in the screen is a different character (meaning that your mind/finger has memorized how many taps it needs to get to a character – that’s why some people can text even while doing something or looking at something else).

Lately, they have offered text messages with different font colors. It sounds amusing, and since a lot of people do have phones with colored screens, it might actually be compatible. Whether or not it catches fire, we will know in the future.

-by Stanley Cabrera

Free Speech/IP Rights, Pornography and Technology

Pornography has had bad press. Constitutionally, it virtually enjoys no protection at all, lodged in a category called, unceremoniously, unprotected speech. This notwithstanding, the pronography industry has boomed, from its lowly (pun intended) origins and has grown to be a billion dollar industry. The only rationalization could come from the human male's (almost always the client) unsatiable need for visual stimulation.

The industry's survival despite the absence constitutional protection is nothing short of remarkable. The relevant issue at hand, however, is whether the industry could effectively utilize intellectual property protection.

In intellectual property law, the only relevant category which creates an ip right in favor of an individual (natural or juridical) is originality. The standard is relatively low in most jurisdictions, such that work which possess no creative idea whatsoever behind it could qualify for originality, provided that it can be proven that it is not copied from somewhere/someone else.

In pornography, the industry's possible use for IP enforcement is endless. However, difficulties do arise. In particular, jurisdictions like the Philippines which typically pursue repressive measures against these type of media. Concretely, one could fancy being a lawyer for Hustler, walk up to the IPO Office and demand IP protection. In this jurisdiction, one might either be laughed out of the office or arrested for indecency. (The latter is an exaggeration)

When they classified IP rights as territorial, they could have said that it was cultural as well.

by nestor gadrinab

Enforceability of Online Contracts

Now that online contracts have become commonplace in the the digital West (formerly, The West), it may be well to examine the extent to which the same degree of development in this country, if only to assess the extent to which digital contract making is possible.

The availment of the benefits of online contract making has been attested to by the Filipino online consumer's use of such sites as Ebay, ostensibly to purchase goods. Anecdotal evidence suggests that most online retail stores do deliver. However, the test of most laws lies in the cases where there is breach. There lies the rub. What if the online stores do not deliver?

Initially, subject matter jurisdiction could most probably not be exercised by Philippine Courts. Most online stores are almost entirely based in foreign jurisdictions and maintain no offices here, upon whom summon could be served. Neither can the notion of "doing business" be applied, absent registration. So the remedy would essentially lie in filing a suit within the foreign corporation's domicile. That would definitely entail cost.

Assuming that a suit is filed for specific performace, the Philippine system has been kind enough to enact the rules on electronic evidence, ostensibly to give to online documents the same probative value as ordinary, paper-based documents. All that remains now is the Philippine Court's appreciation of such evidence.

That might be asking a lot.

by nestor gadrinab

Viacom v. Google: A Case of Copyright Infringement

Google’s move in purchasing YouTube for $1.65 billion, may be much costlier than it paid for. Viacom, which controls such media brands as CBS, MTV, Comedy Central and Paramount Pictures, is suing Google for copyright infringement over YouTube clips found in the net.

According to media giant, Viacom, such use of its copyrighted materials are in clear violation of copyright laws. Viacom demanded that YouTube remove more than 100,000 of its video clips. Not only that, Viacom is also suing Google in the Manhattan federal court for “massive intentional copyright infringement” and is demanding $ 1 billion in damages.

If Viacom wins, Google will lose billions in its investment in YouTube. According to experts, Google will most probably argue that YouTube is covered by the Digital Millenium Copyright Act (DMCA). Under said statute, a “safe harbor” provision is created for ISP providers so much so that they couldn’t be sued for infringement merely by transmitting or posting copyrighted materials. The reasoning behind this was that it wasn’t fair for the “secondary” infringer, the ISP, to be held responsible since it was just an intermediary.

The question right now is whether or not this defense will hold considering the extent of copyrighted materials being “infringed” by YouTube. If judgment is rendered against Google, YouTube might end up like Kazaa and Napster. Whatever the outcome this case may bring, it would bring light to questions involving copyright infringement.

by bryan tan

Search Engines and Privacy

Privacy in the internet is a highly debated topic. Search engines such as Google, Yahoo, AOL, MSN and others retain information as to the specific search requests made by its subscribers worldwide. According to Google and its rivals, they keep information about their users so they can learn more about them as they strive to deliver the most relevant responses.

In the United States, the U.S. Justice Department has already made use of information retained by these search engines. While gathering evidence for a case involving online pornography, it subpoenaed major search engines for lists of search requests made by their users. Yahoo, MSM and AOL complied. Google did not.
In refusing to provide a list for search requests, Google acted in behalf of their clients, protecting their right to privacy. The federal judge which ordered Google to turn over the small sampling of Web addresses contained in its search index, later on decided that the company did not have to reveal the search requests sought by the government.
In its quest to provide better privacy protection to its subscribers, Google will remove key pieces of identifying information from its system every 18 to 24 months. Not only that, Google will also wipe out eight bits of the Internet protocol, or IP, address that identifies the origin of specific search requests. It will also depersonalize computer “cookies”.

Such measures adopted by the Search Engine Giant will be appreciated by its subscribers worldwide. Privacy, being a primordial right of every individual, deserves to be protected in all manners and forms.

by bryan tan

Red Hat Linux 5: An Alternative to Windows Vista

Red Hat has just recently unveiled Red Hat Enterprise Linux 5, its latest version of its Linux operating software. Red Hat Enterprise Linux 5 is an open-source software and like its other Linux based predecessors, its products are “free” and users are allowed to view and edit the software’s code.

The new operating system supports “virtualization” which will help companies consolidate their technology into one server. It ensures that servers are used more efficiently and effectively which in turn equates to savings in energy, space and money.
Companies are not the only ones benefited by the new software. For its individual clients, the new system has advances in security to protect it from external and internal attacks. This ensures individual users that their units are safe from attacks.
The new Red Hat software will be a good alternative to the Windows Vista. Users are able to afford it at a fraction of the cost it takes. It even has an added benefit of having better “security measures” employed. The reason for the cheaper prices of the Red Hat software is that Red Hat earns its profits from the technical service it provides and not from the sale of their software.

by bryan tan

CYBERCRIME: LOCATING AND PENALIZING THE DIGITAL OFFENDER

continued

The initial legislative response to cybercrime has been an outright prohibition and criminalization of the acts which constitute the same as defined by statute. Mere prohibition, however, is insufficient. It may be well to emphasized that the fundamental territorial limitations of criminal law apply most strongly to cybercrime. Often, the offender is miles, nay jurisdictions, away from the actual site of injury. The latter is where most criminal jurisdiction is based.

One tack has been to shift the burden of liability to the manufacturer of software, on the theory that defects in its manufacture enable the perpetration of cybercrime. This, however, unduly shifts the burden because the cost of enforcement, i.e. award of damages in civil cases, is ultimately borne by consumers of digital products. In an emerging economy like the Philippines, it is ultimately unjust to undertake this type of shifting.

Ultimately, the solution lies in international cooperation between states, with respect to law enforcement. Although cybercrime may be perpetrated in cyberspace, the infrastructure which supports cyberspace remain quintessentially real, in terms of location of equipment, servers and phone lines. These elements may constitute the basis for jurisdiction. A close coordination of cybercrime statutes is also necessary in order to effectively stamp out cybercrime anywhere in the world.

Such coordination should be possible. Otherwise, what is the global village---cyberspace in techspeak---for?

by nestor gadrinab