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Philippine IT Law Journal 4-1

Philippine IT Law Journal 4-1

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Published by lairaja
Publication of the e-Law Center, Arellano University School of Law.
Publication of the e-Law Center, Arellano University School of Law.

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Published by: lairaja on Apr 15, 2008
Copyright:Attribution

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05/09/2014

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Image: 
"Coffee to Cocktails" © 2008. Berne Guerrero. Some Rights Reserved. The work is licensed under CC BY-NC-SA 3.0PH http://creativecommons.org/licenses/by-nc-sa/3.0/ph/.
 A 
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The
Philippine IT Law Journal
is the officialpublication of the e-Law Center and the IT LawSociety of the Arellano University School of Law.Contributions to the Journal express the views of their respective authors and may not necessarilyreflect those of the University.
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DITORIALDITORIALDITORIALDITORIALDITORIAL
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 Atty. Jaime N. Soriano, CPA, MNSA
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 Atty. Michael Vernon M. GuerreroThe IT Law Journal Editorial Board may bereached at the e-Law Center, 2/F Heilbronn Hall, Arellano University School of Law, Taft Avenuecorner Menlo Street, Pasay City 1300 MetroManila Philippines.Unless otherwise provided, this publication islicensed under Creative Commons Attribution3.0 Philippines license. http://creativecommons.org/licenses/by/3.0/ph
“Suppressed Creativity?” © 2008. Berne Guerrero. Some Rights Reserved. The work is licensed under CC BY 3.0 PH http://creativecommons.org/licenses/by/3.0/ph/. Although liberality,through alternative licensing, has been extended to remix the image elements into a single design  for the cover in time for the formal launching of the Philippine suite of Creative Commons licenses, the artist had, for a moment but later dispelled, certain apprehension on running afoul with a conservative law in the “proper” expression of his patriotism. This work was built upon the works of ([A] for the eight sun rays, or the spokes of a windmill, if one looks at it differently): [1] 
 Akira Komiya 
(http://www.loftwork.com/user/3256/portfolio), iCommons Lab Report April-May 2007 cover, CC BY 2.5; [2] 
Youko Nakamura 
(http://www.loftwork.com/user/7862/), iCommons Lab Report September-October 2007 cover, CC BY 3.0; [3] 
RujiRushi 
(http://www.loftwork.com/portfolio.aspx?cid=4574), iCommons Lab Report March-April 2007 cover, CC BY 2.5; [4] 
Masakuzu Yamazaki 
(http://www.loftwork.com/user/6666/portfolio/), iCommons Lab Report August-September 2007,CC BY 3.0; [5] 
Go Kato 
(http://www.loftwork.com/portfolio.aspx?cid=6388), iCommons Lab Report February-March 2007 cover, CC BY 2.5; [6] 
Kiyomi Saitou 
(http://www.loftwork.com/user/3075/portfolio/), iCommons Lab Report November-December 2007 cover, CC BY 3.0; [7] 
Shohei Honma 
, iCommons Lab Report May-June 2007, CC BY 3.0; and [8] 
Sioux 
(http://www.loftwork.com/user/1346/portfolio/), iCommons Lab Re[prt July-August 2007 cover, CC BY 3.0); all courtesy of Loftwork (http://www.loftwork.com); ([B] for background watermark mosaic): [1] 
 Joi Ito.
"Fred Benenson". http://flickr.com/photos/joi/551780005/ CC BY 2.0; [2] 
Nathaniel Stern 
. "untitled 8" http://flickr.com/photos/nathanielstern/543692306/ CC BY 2.0; [3] 
Carlos Correa Loyola.
"Lessing after his keynote (I)". http://flickr.com/photos/calu777/556034204/ CC BY 2.0; [4] 
Franz Patzig.
"CC Birthday Party Berlin". http://flickr.com/photos/franzlife/2115710741/ CC BY 2.0; [5] 
 Joi Ito.
"Ovation." http://flickr.com/photos/joi/554971968/CC BY 2.0; [6] 
Franz Patzig.
"CC Birthday Party Berlin". http://flickr.com/photos/franzlife/2116594556/ CC BY 2.0; [7] 
Carlos Correa Loyola.
"Latinamerican iCommoners (II)". http://flickr.com/photos/calu777/557770195/ CC BY 2.0; [8] 
CreativeCommoners/Creative Commons - SF HQ.
“DSC03543.” http://www.flickr.com/photos/creativecommons/559583784/CC BY 2.0; [9] 
 Joi Ito.
"Cory Doctorow". http://www.flickr.com/photos/joi/549393610/ CC BY 2.0; [10] 
Franz Patzig.
"CC Birthday Party Berlin". http://flickr.com/photos/franzlife/2116460846/ CC BY 2.0; and [11] 
CreativeCommoners/ Creative Commons - SF HQ.
"Eva's new friend". http://www.flickr.com/photos/creativecommons/644971829/ CC BY 2.0; and ([C] for text box watermark): [1] 
Scott Beale / Laughing Squid.
http://laughingsquid.com/ "Creative Commons Salon". http://flickr.com/photos/laughingsquid/398474123/ CC BY 2.0; [2] 
Karl Jonsson.
"C-shirt presentation" http://www.flickr.com/photos/karljonsson/552880076/ CC BY 2.0; [3] 
Irina Slutsky.
"happy birthday creative commons " http://www.flickr.com/photos/irinaslutsky/326625311/ CC BY 2.0; and [4] 
Tvol / Timothy Vollmer.
"Creative Commons 5th Birthday Party, San Francisco". http://www.flickr.com/photos/sixteenmilesofstring/2117170451/ CC BY 2.0.
PDF modified to resolve license incompatibilities in the original.
 When I joined the Creative CommonsPhilippine team, Atty. Jaime N. Soriano,the project lead of Creative CommonsPhilippines, broached upon the idea ofcoming up with a Creative Commons (CC)issue for the IT Law Journal in the nearfuture. This is the one, and it is now CClicensed.For the months prior and subsequent tothe iSummit 2007 conference in Croatia,I wrote draft articles tackling theCommons, some entitled as “OpenEd,”“Keeping public domain content public,”“The debate on the meaning ofNonCommercial,” among others, in theusual manner papers are traditionallywritten, i.e. within the parameters of fairuse. An inquiry, as to the distinction betweenfair use attribution and CC licenseattribution, was focal in the determinationof the current issue’s contents. Thequestion provided a fork, a choicebetween two approaches: One whichwould contain articles written in thetraditional manner, utilizing fair use,quoting largely CC licensed materials --which would not be different if one wouldbe utilizing “All rights reserved” materials,and which would then convenientlyincorporate draft articles already written-- or the one which would contain articlesthat would emphasize the remixing culturethat is made possible by alternativelicensing. The latter approach wasadopted, since it could provide anillustration of results emanating from themantra “Share, remix and reuse --legally.” On a minor note, since the issuereverted to square one, even the layout,circa 2004, was overhauled.This issue was timed to be released whenthe Philippines has already launched itsjurisdictional licenses. The Philippinejurisdictional licenses were soft launchedduring the 5th Birthday Party of CreativeCommons (15 December 2007). Thepublic launch was scheduled 14 January2008. Perhaps, you are receiving thisissue because you are currentlyparticipating in said event. Considering,however, if such is not the case, we hopethat we have the opportunity to meet in aPhilippine Commons-organized event,else in an event organized by anyinstitution which supports the commons.
--Michael Vernon Guerrero
 
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Creative Commons’ Mission
Creative Commons' mission is to enablethe legal sharing and reuse of cultural,educational, and scientific works. To thisend, it offers free and easy-to-use toolsto creators and the public to assist themin harnessing the creativity that newtechnologies make possible - a read/writeculture in which we can engage with thecontent that surrounds us, as distinct froma read-only culture in which we can onlypassively receive content.
The Problem Creative CommonsSeeks to Address
Creative Commons was founded in 2001to address the problem: on the internetthere's no way to "use" a work withoutsimultaneously making a "copy." Thisimplicates copyright law -- the law thatgrants creators exclusive rights to controlcertain activities in relation to their work.Due to the nature of moderntechnologies, people are connected inways never before possible. Now thepublic can distribute works in a variety offormats of a high, and often, professionalquality, and can work collaborativelyacross boundaries of time and space. Inaddition, digital technologies offer newways to create, share and remix new,derivative, and collective works. All ofthese activities prejudice the exclusiverights of the copyright owner. As a result (and, of course, subject to fairuse), any digital or online use of a workcould be said to first require permission. And it is this feature (or bug, dependingupon your perspective) that CreativeCommons was formed to address.Creative Commons provides creators witha simple way to say what freedoms theywant their creative works to carry- to saythat they welcome people making someof the uses of their work that newtechnologies make. This makes it easy forothers to share or build upon creativework. Creative Commons makes itpossible for creators to reserve somerights while licensing others to the public,hence its mantra “some rights reserved”;as opposed to the default “all rightsreserved” level of copyright protection thatrequires you to ask permission first. Inthis way, Creative Commons offers privatevoluntary tools for creators to adopt tocreate a public good - a pool of cultural,educational, and scientific content that canbe legally and freely accessed, used, andrepurposed.
The Creative Commons Project
"Culture Commons"
 As mentioned above, Creative Commonswas incorporated in 2001 as a non-profit
Image:
"Remix." © 2008. Berne Guerrero. Some Rights Reserved. The work is licensed under CC BY 3.0 PH http://creativecommons.org/licenses/by/3.0/ph/. Built upon the works of [1] 
Beth Kanter 
(cambodia4kidsorg). "What A Second Grader Knows About Creative Commons." http://www.flickr.com/photos/cambodia4kidsorg/2042494952/ BY 2.0 Generic. http://creativecommons.org/licenses/by/2.0/deed.en [2] 
Peter Shanks 
(BotheredByBees). "CC swag XI". http://www.flickr.com/photos/botheredbybees/2101568605/ BY 2.0 Generic. http://creativecommons.org/licenses/by/2.0/deed.en [3] 
Emil Alviola 
. "scratch-this". http://www.flickr.com/photos/21328364@N06/2070594652/ BY 2.0 Generic. http://creativecommons.org/licenses/by/2.0/deed.en and [4] 
Creative Commons 
"About" text. http://creativecommons.org/about/ CC BY 3.0 Unported http://creativecommons.org/licenses/by/3.0/
C
REATIVE
C
OMMONS
E
NCOURAGING
 
THE
E
COLOGY 
 
OF
C
REATIVITY 
organization. It first offered its tools to thepublic in December 2002.Since its inception, it has worked on its"Culture Commons" project, which isdesigned to expand the pool of creativeand educational content that is free foranyone to use, reuse and repurpose.However, soon after the public releaseof its tools, it became apparent thatCreative Commons needed to work to makethese tools relevant to people in differentjurisdictions and from different cultures.To this end, it established in 2003 aninternational license porting project-Creative Commons International (CCi).
Creative Commons International
CCi works to "port" the core CreativeCommons licenses to differentjurisdictions around the world. The"porting" work involves both linguisticallytranslating the licenses and legallyadapting it for the particular jurisdictionin question. This work is lead by volunteerteams in each jurisdiction who are
This abbreviated article was part of a 13-page document,entitled “Creative Commons: Encouraging the ecology of creativity (2007)” acquired from the Creative Commons International office in Berlin on 23 July 2007. Certain  footnotes were included to provide additional information about certain recent events.http://www.creativecommons.org/licenses/by/3.0/

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