Intellectual Property Rights

The biggest issue surrounding ICT concerns the violation of intellectual property
rights (IPR). Basically, this means knowingly or unknowingly stealing other people’s
works and ideas. For example, when you buy a book, the author or publisher earns money.
But if you borrow a book and photocopy it, you technically do not pay for it—its author or
publisher does not get anything in return for the use of the book’s contents. The latter is
one form of IPR infringement, no matter how subtle.
Another common form of IPR infringement is when you use other people’s work such as
images, movies or music, alter them or mix them together such as those used in YouTube
fan-created videos and image modifications. There may be no intentions on profiting
from such work but it is still considered as IPR infringement.

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There are three main branches of Intellectual Property Law (IPL):
Patent - a right given to the individual or company that invents something; an exclusive
but limited right given to inventors to profit from their inventions; patent laws differ
between countries, but agreed-upon international standards ensure that patentees are
not given biased treatment
Trademark - a law intended to protect the franchise brands, designs, symbols, and logos
that companies use to develop unique images and preconceptions as well as to
misidentification with the products of other companies
Copyright - the exclusive right to use, lease, distribute, and copy a creative work; copyright
grants protection to the exclusivity of the created work, which includes literary and artistic
material, music, films, recordings (like albums), and software material

IPL summarizes the rights of people to own creative works and ideas. This covers the
control over them, which includes the right to sell them for profit. Someone who has taken
the work or idea of another person and claims it as his own could be guilty of theft. But
IPR is not a given right: it has to be applied for and granted to the applicant by the proper
authorities. Otherwise, the contents of a book that you have written or the blueprint for
an invention you have made may be claimed freely or used profitably by others without
your knowledge or permission. There would be no legal basis for you to claim ownership
of the material.
Granting ownership of an idea to a person is not an easy thing to do. There are instances
when an idea has to be elaborated and organized properly before the petitioner can be
granted exclusive rights to it. On the other hand, a copyright can be automatically claimed
by the originator of an idea without the need to apply for rights when he already has a
record of what he has produced.
Artworks, novels, short stories, poems, music, and even movies are only some of the
copyrighted things that are available over the Internet. These can be copied without a
single centavo given to the authors of the works. The Internet is only one of many media
where these things are distributed. Other instruments used for piracy include digital video
cameras, MP3 recorders, and optical disc burners for CD and DVD rewritables. In order to
minimize the incidence of illegal copying of intellectual material, manufacturers have
been cautioned about making and designing products that allow easy and multiple
duplication of media files.

Common Offenses Surrounding

ICT There is no guarantee of protection for a product when the rights for intellectual
material like a song has been granted to an entity. Consider the many optical storage
media such as CDs and DVDs being sold on the sidewalks and marketplaces in the
country. Nearly a hundred percent of them are illegal copies or “bootlegs” of the original.
These contain audio and video material that are copied from legal producers and
distributors. The people who sell them do not pay royalty fees to the artists, writers, and
developers of the contents of those optical discs. This illegal activity is known as piracy.

DID YOU KNOW?

Remember how pirates in the movies are portrayed as having fake legs? Well, that’s how
the term bootleg came about. It’s the pirates that usually have them. That’s why
bootlegged CDs and DVDs are called “pirated.”
Next to piracy is the issue on invasion of privacy. The availability of technologically
advanced devices like miniature cameras and other eavesdropping gadgets makes it
easy to spy on the private moments of other people. Such voyeurism, while socially
unacceptable, is hardly given importance by the authorities. But it is a demoralizing thing
to do when people want to live in peace without intrusion and anxiety.
The attack into the private life of people is not easy to eradicate since it is always done
in secrecy. The only way to stop it would be to catch the perpetrator in the act and charge
him/ her with such crimes as stalking. If any pictures, videos, or other recordings have
been taken and posted over the Internet, other charges may be applied like the use of a
person’s image without the owner’s permission.
Whether with or without their consent, the images or reputations of people, especially
famous ones like movie personalities, can be intentionally tarnished by rivals or
individuals who simply don’t like them. The acquisition and use of images of personal or
private events of dignitaries have resulted in tragedies, like what happened to the late
Princess Diana who, on the night of her death, was stalked by paparazzi photographers
who intended to either sell or publish her images in print or online.
The posting of images in websites over the Internet is easily done by anyone with the
know-how. In fact, what they can post illegally or indiscriminately is not limited to
pictures. Whole documents and treatises of dubious origins can be accessed readily
online. They can come from gangsters, rebels, cultists, or pranksters, who can post all
manner of offensive, immoral, destructive, subversive, and defamatory material over the
Internet. It is a known fact that such undesirable propaganda are made available in sites
that teach and espouse subject matters that are contrary to the norms of society. These
include terrorism, suicide, and sedition.
Sometimes, serious crimes are committed by computer programmers who use the
Internet to commit electronic crimes. These individuals are commonly called hackers.
They use their technical skills to break into secure internal computer systems of
companies and organizations like banks to steal money from account holders and
depositors by assuming false or stolen online identities and transfer money into virtual
accounts that they later withdraw.
Even individuals who are not experts in computers can steal money from others using
electronic media. They simply post false advertisements that mislead people into giving
up their account numbers and other personal information for the purposes of stealing
money from them. The proliferation of false or unsolicited advertising (like spam) and
the assumption of impostors of the identity of legitimate organizations, such as the
Philippine Charity Sweepstakes Office (PCSO), has caused much confusion and anger
among Internet users. The makers of unwanted advertisements capitalize on the
tendency of people to respond to promos encountered in websites, e-mails, and text
messages.
DID YOU KNOW?
Spyware are programs that enter a computer connected to the Internet. Their purpose is
to gather data about your surfing habits and other information like e-mail addresses and
country of origin. They infiltrate a system as cookies.
There are also those who resort to devising computer viruses to propagate and wreak
havoc in computer systems all over the world. Software companies like Microsoft and
Apple Computers are the primary targets because of the popularity of their operating
systems.

The Copyright Alternative

A lot of people feel that the laws governing copyright are too restrictive. Copyright laws
can be described as “all or nothing”—either the work is available in the public domain or
all rights are reserved. Copyright protection generally exists for 14 to 70 years after the
death of the creator. The term of protection for copyright in the Philippines is life of the
author plus (50) years after his death. In case of joint authorship, the economic rights are
given to the life of the surviving author plus 50 years after his death. If the copyrighted
work will be used, one must get formal permission from the work’s creator. One of the
problems that arise from this is when a person is unable to get in touch with the copyright
holder. Copyright laws are extremely complex and in some cases will vary from country
to country. The advancements in sharing and posting images, documents, and various
forms of media through the Internet and their effects on copyrights is a matter of intense
debate that remains unresolved.
One group sought to offer an alternative middle ground to copyright laws by introducing
the Creative Commons. The website states that, “Creative Commons develops, supports,
and stewards legal and technical infrastructure that maximizes digital creativity, sharing,
and innovation.” Their tools and licenses are aimed to facilitate the usage of creative
content in this digital age. Everyone can use these tools and contribute to the “pool of
content that can be copied, distributed, edited, remixed, and built upon, all within the
boundaries of copyright law.”
A single Creative Commons license contains three “layers” of licenses which essentially
translate the license between:
• Legal Code - this is the traditional legal text language that lawyers can understand.
• Commons Deed - this is the language that most people who are not lawyers can
understand.
• Machine Readable - this is the language that computer systems can understand
and use when classifying a creative work.
There are six licenses freely available to anyone when it comes to tagging their work.
These licenses generally allow others to distribute, remix, tweak, and build upon the
original creation provided the following:
How Laws Change Because of ICT
Philippine lawmakers have seen the changes in society owing to the use of ICT devices
and the Internet. Administrative measures are now being endorsed by the National
Information Technology Council (NITC) to effectively enforce the existing laws on IPR,
especially those that concern local ICT products and services. New computer laws are
now being appropriated for the improved reliability of networks and local Internet use that
involve improved security of information transfer for economic purposes. One such law
is the Electronic Commerce Act (ECA), otherwise known as Republic Act No. 8792
enacted in June 2002. The ECA applies to “any kind of electronic data message or
electronic document used in the context of commercial and noncommercial activities.”
The ECA provides for, or mandates...
• The legal validity of electronic data messages or electronic documents.
• The legal validity of electronic signatures and electronic contracts.
• All government agencies to make transactions and perform functions using
electronic data messages or electronic documents within two years from the date
of approval of the Act.
• The installation of an electronic network known as the RPWeb within two years
from the date of approval of the Act.
 • The penalization of hacking and piracy as defined in Section 33 (a) and (b) of the
Act.
The Philippines is one of the first countries to contribute to the amendment of laws
concerning ICT. On July 24, 1971, the Berne Convention for the Protection of Literary and
Artistic Works was revised in Paris. This agreement provides for the protection of the
rights of authors to their literary and artistic works. But it had a flaw, in the infancy of ICT,
for it failed to take into account issues about software. As defined by the convention,
“literary and artistic works” did not cover computer software or programs. Thus, the
countries that participated in the Convention took it upon themselves to decide whether
a software (in either source or object code) should have the same protection as a book.
How ICT Influences Human Values
Our society is rapidly going through a technological revolution that futurists see will result
in the swift change of society and how we live today. This shift will affect many traditions
and norms that we have grown used to. The levering force behind this is ICT.
ICT has such a strong hold and influence on us because of the integration of the computer
and other associated devices into our lives. In the daily routine of a person, it’s rare that
he/she does not encounter a device of some form that is used to deliver information.
Even the radio and television set fall under this category.

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Before radio was invented, people entertained themselves by talking over the telephone;
before television, people listened to the radio; before the personal computer, people
watched television. These days, many people prefer to become couch potatoes in front
of a computer, whether they are at home or in an Internet café.

As you may recall, convergence refers to the coming together of the different electronic
communications media like the telephone, radio, and television into one ICT device. One
of the most common convergence machines is the personal computer. With it, you can
access Web-based radio stations and listen to your favorite songs. You can also visit
current events websites for the latest news. With the right hardware, you can even use
the computer to call abroad using a Voice over Internet protocol (VoIP) through services
like Skype. With Internet Relay Chat and Web-based messenger services like Facebook
Messenger or Skype, you can “talk” to people in real-time even when they are half a world
away.
DID YOU KNOW?
The invention of electronic mail, or e-mail, has resulted in the renaming of the old-
fashioned postal service to snail mail because of its comparatively slow delivery system.

The availability of Internet services over other media, like mobile phones, laptops, and
tablets, has allowed immediate retrieval of information even when a user is on the road.
Such quick transfer of data has allowed the breaching of social boundaries that used to
be insurmountable. The great geographical distances of the Earth do not seem to matter
anymore with the instantaneous way messages are delivered electronically.
Human beings are naturally social creatures. They gravitate to things or situations that
allow them greater social connectivity. This is why some people take pains to write letters
to penpals and talk for hours over the telephone. With the computer and the Internet, they
are able to take this to the next level by chatting compulsively, making friends with
strangers they see in pictures but may never meet in person, or joining online
communities. The tendency to disregard or belittle actual face-to-face interaction is
another undesirable effect of ICT. With the prevalent use of anonymity on the Internet,
there is an erosion of some traditional values with regard to respect and personal
boundaries. Personal security also becomes at risk when people unknowingly disclose
private information in their posts on the Internet.
One positive effect of ICT is that a person can conduct business and facilitate
transactions with someone even without the need for them to meet in person. This way
of working that does away with the presence of the person in an office is called
telecommuting. When a person telecommutes, this means he is only virtually present in
the workplace and interacts with co-workers via the Internet using a video camera and
speaker interface or by any electronic means. Documents are sent to and from the office
using fax machines or through the Internet. One-on-one meetings are possible with
teleconferencing systems.

Telecommuting has allowed the fusion of home and office with the two coming together
as one in cyberspace. Futurists Alvin Toffler and Joseph Deken, both writers on
technology and its effect on society, insist that computers will make working at home
more common, producing what they refer to as electronic cottages. They say that
telecommuting will strengthen family bonds and give workers more control over their
work and environment. Because telecommuting also reduces the number of workers
commuting or driving to and from their offices, they also predict the reduction of pollution
levels and demand for fuel like gasoline and diesel.

Proper Behavior When Using ICT

As human values change because of ICT, so does human behavior. Portable ICT devices
have become fashion statements or symbols of social stature. This goes true for ICT
gadgets like tablets and smartphones. But as ICT devices become more affordable, more
people find it easier to own them, and thus, these have become staples of living.
The commonness of ICT devices has led to the formulation of standards, or guidelines
for proper behavior for people to follow. “Phonethics” advertisements are often aired on
television to remind viewers that devices like cell phones can disrupt the silence of a
common space, and that it should be used with discretion. Examples of common spaces
are places of worship, theaters, classrooms, and conference rooms.
Online Ethics
The social and interpersonal issues surrounding the use of ICT devices, particularly of the
computer linked to the Internet, have resulted in the creation of the word “netiquette.”
Netiquette is etiquette over the virtual world of the Internet. It concerns matters of basic
respect when interacting with other people online. Just like in real life, an important
guideline in Internet ethics is to “remember the human.” Simply put, this means not doing
unto others what you do not want others to do to you.

When Using E-mails and Chat

Good observance of netiquette is important especially when e-mailing or chatting. Typed
words may sometimes be misread or misunderstood by the person on the receiving end.
When a person gets angry after reading your e-mail, you have technically flamed
him. Flaming is the offense to a person because of an e-mail message. The incidences
of flaming are reduced when you choose your words and explain yourself carefully. The
use of emoticons is very useful here. Emoticons are little faces that you can make by
using keystrokes which approximate faces that appear to smile, frown, or exhibit some
other emotion. Using them makes your reader aware of your emotional state, or of what
you want him/her to believe your sentiment to be.
Normally, email correspondence is between individuals or small groups, and is usually
meant to be private. When forwarding emails, it’s better to be cautious and keep the
contents of the email private, or ask permission from the original sender before
forwarding to others. Some people add a confidentiality clause at the end of the email to
stress the need for privacy.
When you’re in chat room, lurk before you leap. Read the topics and discussions
anonymously before you join, to get a sense of how people in that group think. If you’re
not comfortable, don’t join. When you’re part of a discussion, do not “scroll the chat
screen.” This means typing single letters repeatedly or holding down a single letter to
make the chat screen window scroll very fast. Don’t litter the chat window with nonsense
to avoid annoying other people in the chat room.

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Sample of Abbreviations
BRB = Be right back
BTW = By the way
IMHO = In my humble opinion
LOL - Laughs out loud
ROTFL = Rolling on the floor laughing

Sample Smileys
:-) Happy
:-< Mad
:-D Laughing
;-) Winking
:-e Disappointed
:-( Sad
:-0 Surprized
:-@ Screaming
:-I ndifferent
:-p Kidding
When Using Social Media Sites
Just because we are behind a monitor and not face-to-face with the people we interact
with on the Internet, does not mean that we can start behaving badly. There are two
extremes in terms of the kind of people using the Internet—those who abuse anonymity
and those who “share” too much of their identity. Many people have this misguided notion
that everything on the Internet is anonymous and that no one will know. However, the
reality is, there are ways to determine identity over the Internet. Those who give too much
information lack understanding that the Internet is a public domain which practically
anyone can have access to.
Following are a few tips on how to behave properly on the Internet, especially when using
social media sites like Facebook and Twitter:
• Don’t abuse sending “friend” invites if you can, and try to introduce yourself again
when sending a friend an invite so people “remember” who you are. Take note that
the number of friends you have in social media isn’t the end all and be all. Be wise
in choosing the people you add to your friends list.
• If you don’t really have something to say, don’t post it. Trivial minute-by-minute
status messages only serve to annoy people rather than entertain or inform. Not
everyone needs to know every minute detail of your day.
• You can promote yourself and what you do but do not overdo it. Keep promotions,
whether personal or business, to a minimum. Do not flood your friends’ status with
everything about you.
• Always think twice when replying, especially to negative posts. Remember that it’s
not just you and your friend who sees it. Make sure that your post doesn’t in any
way affect your positive reputation.
• Be careful with the photos you post and tag. Don’t post pictures that may be too
awkward for the public.
• If you are blogging about someone else or what they wrote, link back to them or to
the original article. Just like in real life, “copy-paste” blogging is frowned upon. Give
proper credit and you will earn respect.
• If you want to comment on someone else’s post, try to avoid messages such as
“First Post!” or “Good Job!”. Make your post meaningful.
• If you want to reply to a comment done on your blog, be respectful. Don’t be afraid
to put links on your post if they will clarify some questions.
• If you are posting images or other media, you may want to consider putting a
watermark to prevent people from stealing your work and claiming it as their own.