Lesson in MIL: Legal, Ethical, and Societal Issues in Media and Information

I. Legal Issues:
According to a press release from the Philippine
National Police Anti-Cybercrime Group (PNP
ACG), a total of 1,211 cybercrime complaints were
filed with them from 2013-2015.
What is digital piracy?
Digital Piracy is the act of illegally downloading
digital copies of media files such as multimedia files,
games, e-books etc., without having to pay for them. I.e. stealing, illegal downloading.

This is also the reason why Philippines created the law Republic Act No. 10175, an act defining
cybercrime, providing for the prevention, investigation, suppression and the imposition of
penalties therefore and for other purposes.
SECTION 1. Title. — This Act shall be known as the “Cybercrime Prevention Act of 2012”.
SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime
punishable under this Act:
(1) Illegal Access
(2) Illegal Interception
(3) Data Interference
(4) System Interference
(5) Misuse of Devices
(6) Computer-related Forgery
(7) Computer-related Fraud
(8) Computer-related Identity Theft
(9) Cybersex
(10) Child Pornography.
(11) Unsolicited Commercial Communications
What is a Cybercrime?

1
Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.
Cybercrime is broadly defined as any illegal activity that involves a computer, another digital
device or a computer network

What is Intellectual Property?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic
works; designs; and symbols, names and images used in commerce (World Intellectual Property
Organization).

Republic Act No. 8293

SECTION 1. Title. - This Act shall be known as the “Intellectual Property Code of the
Philippines.”
SECTION 2. Declaration of State Policy. - The State recognizes that an effective intellectual and
industrial property system is vital to the development of domestic and creative activity, facilitates
transfer of technology, attracts foreign investments, and ensures market access for our products.
It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted
citizens to their intellectual property and creations, particularly when beneficial to the people, for
such periods as provided in this Act.

Different types of IP
1. Copyright (or author’s right) is a legal term used to describe the rights that creators
have over their literary and artistic works covered by copyright range from books,
music, paintings, sculpture, and films, to computer programs, databases,
advertisements, maps, and technical drawings.

COPYRIGHT VALIDITY

Literary works During the lifetime of the author plus 50 years after death

Art 25 years from the date of creation

Photographic Work 50 years from publication

Audio-visual work 50 years from publication

2
 Sound Recording 50 years from year of recording

Broadcast Recording 20 years from the date of broadcast

Trademark 10 years and may be renewed for a period of 10 years

Invention Patent 20 years from filing date application

2. Patent- is an exclusive right granted for an invention, which is a product or a process that
provides, in general, a new way of doing something, or offers a new technical solution to a
problem. To get a patent, technical information about the invention must be disclosed to the
public in a patent application.
In principle, the patent owner has the exclusive right to prevent or stop others from commercially
exploiting the patented invention. In other words, patent protection means that the invention
cannot be commercially made, used, distributed, imported or sold by others without the patent
owner's consent.

DESIGN PATENT
A design patent is a form of legal protection of the unique visual qualities of a
manufactured item.

How a Design Patent Works:

• An item or object that is protected by a design patent carries broad protection from
copyright infringement. A design that was not intended to be a copy and which was
devised independently from an existing, design patent-protected item may still infringe
upon that design patent.
For example:
Skechers USA filed a complaint against Fila in the Central District of California-Western
Division, alleging infringement of US D661,884 and US D688,446, both directed to slip-on
shoes, and alleging unfair competition and trade dress infringement of trade dress rights in
Skechers Go Walk(R) shoe.

3
Patent design:

Sample Patent Designs that are allowed to copy by the manufacturers:

3. Trademark - is a sign capable of distinguishing the goods or services of one enterprise from
those of other enterprises. Trademark can be a word or a combination of words, letters, and
numerals can perfectly constitute a trademark. But trademarks may also consist of drawings,
symbols, three-dimensional features such as the shape and packaging of goods, non-visible signs
such as sounds or fragrances, or color shades used as distinguishing features – the possibilities
are almost limitless.

4
Some of the trademarks that look almost the same:

Puma filed a complaint against Pudel “poodle” for

copyright infringement.

4. Industrial Designs- constitutes the ornamental aspect of an article. An industrial design may
consist of three-dimensional features, such as the shape of an article, or two-dimensional
features, such as patterns, lines or color.

What kind of products can benefit from industrial design protection?

Industrial designs are applied to a wide variety of products of industry and handicraft items: from
packages and containers to furnishing and household goods, from lighting equipment to jewelry,
and from electronic devices to textiles. Industrial designs may also be relevant to graphic
symbols, graphical user interfaces (GUI), and logos.

Crocs sues Skechers for Design Infringement

5
5. Geographical Indications- is a sign used on products that have a specific geographical
origin and possess qualities or a reputation that are due to that origin. In order to function as a
GI, a sign must identify a product as originating in each place.
In addition, the qualities, characteristics or reputation of the product should be essentially due to
the place of origin. Since the qualities depend on the geographical place of production, there is a
clear link between the product and its original place of production
For example: Products from Baguio such as Strawberry Jam

What rights does a geographical indication provide?

A geographical indication right enables those who have the right to use the indication to prevent
its use by a third party whose product does not conform to the applicable standards.

6. Trade Secrets - are intellectual property (IP) rights on confidential information which may
be sold or licensed.
In general, to qualify as a trade secret, the information must be:
• commercially valuable because it is secret,
• be known only to a limited group of persons, and
• be subject to reasonable steps taken by the rightful holder of the information to keep it
secret, including the use of confidentiality agreements for business partners and
employees.

What kind of protection does a trade secret offer?

• Depending on the legal system, the legal protection of trade secrets forms part of the
general concept of protection against unfair competition or is based on specific
provisions or case law on the protection of confidential information.

6
 • While a final determination of whether trade secret protection is violated or not depends
on the circumstances of each individual case, in general, unfair practices in respect of
secret information include industrial or commercial espionage, breach of
contract and breach of confidence.

FAIR USE- means you can use copyrighted material without a license only for certain
purposes. These include Commentary, Criticism, Reporting, Research, Teaching
So what does the law allow?
• If you performed your favorite Aegis classic for your family last Christmas, and didn’t
charge them a fee to hear you sing, that’s fair use.
• If you’re delivering a keynote address to fellow dignitaries and borrowed the quote of
your favorite philosopher or author, that’s fair use - so long as you credit the original
creator whether in the written speech or in the delivery.
• Other instances that may be considered fair use are situations wherein the original work is
cited or imitated for personal use and education.
• Few situations in real life point to a black-and-white scenario for fair use but the balance
of the right-holder and the user, is at the heart of the matter.
• The rights of a copyright owner - the economic and moral rights - merits a separate in-
depth discussion but understanding both sides of copyright, as we play the role of both
creator and consumer of it, serves as a useful guide when to give credit where it is due,
and when to express ourselves as we see fit.

GUIDELINES FOR FAIR USE:

✓ A majority of the content must be your own
✓ Give credit to the copyright holder
✓ Don't make money off of the copyrighted work

CREATIVE COMMONS
"Creative Commons helps you legally share your knowledge and creativity to build a more
equitable, accessible, and innovative world — unlocking the full potential of the internet to drive
a new era of development, growth and productivity" (Creative Commons, 2016).
It is an American non-profit organization devoted to expanding the range of creative works
available for others to build upon legally and to share. The organization has released several
copyright-licenses known as Creative Commons licenses free of charge to the public.

7
 • Attribution: You must credit the creator.
• Non-Commercial: You can't make a profit.
• No Derivative Works: You can't change the
content.
• Share Alike: You can change the content, but you
have to let other people use your new work with the
same license as the original.

ILLEGAL DOWNLOADING - refers to obtaining files that you do not have the right to use
from the Internet.

DIGITAL PIRACY - the practice of illegally copying and selling digital music, video,
computer software, etc.

II. Ethical Issues:

Cyber Bullying - the use of electronic communication to bully a person, typically by sending
messages of an intimidating or threatening nature.
The most common places where cyberbullying occurs are:
• Social Media, such as Facebook, Instagram, Snapchat, and Twitter
• SMS (Short Message Service) also known as Text Message sent through devices
• Instant Message (via devices, email provider services, apps, and social media messaging
features)
• Email
RA 10175 punishes content-related offenses such as cybersex, child pornography and libel
which may be committed through a computer system. ... Individuals found guilty of cybersex
face a jail term of prison mayor (6 years and one day to 12 years) or a fine of at least P200,000
but not exceeding P1 million.

CYBER DEFAMATION - is an unprivileged false statement of fact which tends to harm the
reputation of a person or company

8
2 Types of Defamation:
1. Libel - written
2. Slander - verbal

Computer Addiction - the excessive use of computers to

the extent that interferes with daily life. This excessive use
may for example interfere with wok or sleep, result
problems with social interaction, or affect mood,
relationships and thought processes.

III. Societal Issues:

Cybersex –It is also called computer sex, Internet sex, netsex - is a virtual sex encounter in
which two or more people (connected remotely via internet) send each other sexually explicit
contents or sexually explicit acts

Child pornography - is a form of child sexual exploitation.

Cybersquatting- is registering, trafficking in, or using an Internet domain name with bad
faith intent to profit from the goodwill of a trademark belonging to someone else. - The
cybersquatter then offers to sell the domain to the person or company who owns a trademark
contained within the name at an inflated price.

Hacking - refers to the practice of modifying or altering computer software and hardware to
accomplish a goal that is outside of the creator's original objective. Hacking Those individuals
who engage in computer hacking activities are typically referred to as “hackers”.

Identity Theft - is the deliberate use of someone else's identity,

usually as a method to gain a financial advantage or obtain credit
and other benefits in the other person's name, and perhaps to the
other person's disadvantage or loss.

Digital divide- an economic inequality between groups in terms

of access to, use of, or knowledge of ICT. The divide within countries can refer to inequalities

9
between individuals, households, businesses, and geographic areas at different socioeconomic
(and other demographic) levels

Virtual self- the persona you create about yourself virtually.

Netiquette- short for "Internet etiquette." It is the correct or acceptable way of

communicating on the Internet.
Here is a quick round-up of these 15 netiquette rules:

• Before posting your question to a discussion board, check if anyone has asked it already
and received a reply.
• Stay on topic. Don't post irrelevant links, comments, thoughts or pictures.
• Don't type in ALL CAPS! If you do it will look like you are screaming.
• Don't write anything that sounds angry or sarcastic even as a joke, because without
hearing your tone of voice, your peers might not realize you're joking.
• Always remember to say "please" and "thank you" when soliciting help from your
classmates.
• Respect the opinion of your classmates. If you feel the need to disagree, do so
respectfully and acknowledge the valid points in your classmate's argument. If you reply
to a question from a classmate, make sure your answer is accurate!
• If you ask questions, many people respond. Summarize all answers and post that
summary to benefit your whole class.
• Be brief. If you write a long dissertation in response to a simple question, it's unlikely
that anyone will spend the time to read through it all.
• Don't badmouth others or call them stupid. You may disagree with their ideas but don't
mock the person.
• If you refer to something your classmate said earlier in the discussion, quote just a few
key lines from their post so that others won't have to go back and figure out which post
you're referring to.
• Before asking a question, check the class FAQs or search the Internet to see if the answer
is obvious or easy to find.
• Check the most recent comments before you reply to an older comment.
• Be forgiving. If your classmate makes a mistake, don't badger him or her for it. Just let it
go.
• Run a spelling and grammar check before posting anything to the discussion board.

Netiquette Rules created by Touro College

http://blogs.onlineeducation.touro.edu/15-rules-netiquette-online-discussion-boards/

10