Downloading per se is not
illegal but downloading a copyrighted material is illegal. The Philippines does
not have enough laws as to regulate the use of the world wide web.Although in
the absence of specific laws regulating the internet, one could be held liable
under Republic Act 8293 otherwise known
as the Intellectual Property Code of the Philippines.
The internet gives easy
access to a wide range of downloadable music, videos, software and documents. Let
us take a look on how one may benefit from these legally and without risking
becoming a victim of grooming, bullying, identity theft or viruses.
With
respect to peer-to-peer file sharing there is no law prohibiting it. Peer-to-peer
file sharing is when data that has been uploaded/downloaded is made available
for free to other individuals over the internet. As the internet is used by
millions of people, file sharing creates a super library of files available to
anyone who is online.File sharing copyright-protected material is just as
serious as illegal downloading as you are helping to distribute illegally
downloaded data.In
order to use file sharing sites you normally have to download special software.
Often this will leave an icon on the desktop of your PC. If you think your
child may be downloading files illegally or without your permission, check the
desktop for any icons you don’t recognise.
The Acta Treaty
The
controversial treaty that is yet to be signed by the community of nations. ACTA
is an international trade agreement that will help countries work together to
tackle more effectively large-scale Intellectual Property Rights violations. In
a country like the Philippines wherein the specter of martial law is stilla
round the corner, a treaty like the Acta that would in one way curtail the
freedom of expression of the populace will be met with strong opposition if the
people will not be informed properly as to its nature and legal consequences.
However,
the treaty is already being viewed as one that will curtail the freedom of
expression and will regulate the use of the internet or the world wide web. Acta
does not contain any provision that provide for the cutting of internet access
or for monitoring of the internet. Acta
is not about checking private laptops or smart phones at borders.Let us take
into account the case of the European Union (EU)/ The EU Customs Regulation, in
force since 2003 and taken onboard by Acta,
includes a clause that exempts travellers from checks if the infringing goods
are not part of large scale traffic. So Acta
is really not about individual citizens. People will can continue to use their
online social networks just as they do today, no change. The respect of fundamental rights
such as privacy, freedom of expression and data protection is expressively
mentioned as a basic principle of the agreement. Acta will not change the role
Internet Service Providers (ISPs),
as is often claimed. There is already now an existing Memorandum of Understanding between right holders and internet platforms to fight against the selling
of counterfeit goods on the internet. And already now are service providers,
for example YouTube, checking clips for copyright and IPRs
violations. This, however, does not mean that YouTube is no longer allowing the
upload of clips all together.
ACTA does not favour industry over fundamental rights
Both
data protection/privacy and the protection of Intellectual Property are
recognised as fundamental rights by the Universal Declaration of Humar Rights. Acta
strikes a fair balance between the interests of the parties concerned,
including citizens, consumers, civil society or business. Acta guarantees all
safeguards and exemptions provided by existing or Filipino norms, such as
fundamental rights, privacy, freedom of speech, etc.
ACTA does not prevent people from sharing content online
Acta
is fighting against piracy; piracy should not be confused with sharing content.
Sharing content is only illegal when the content is illegal. Acta does not
define what is legal or illegal content. It only provides the tools (civil,
criminal or administrative) to react against illegal content as it is defined
today by national legislation.
