Ideas and Concepts for the Modern Age

Brilliant case

2008-08-20T10:02:00.000-07:00

I have just read the case of Emerald Garment Manufacturing v. CA for the nth time and everytime I just say: "brilliant!" It said it applied the dominancy and holistic test yet in another breath it said that it must not look at the trademark by piecemeal. I mean come on.. Stylistic Mr. Lee and Lee is not confusingly similar. The former could even be considered as a special product of the latter. Come on. Now, any comments?

A billion dollar law suit: IP rights v. Marketing opportunity

2007-03-14T02:36:00.000-07:00

Viacom recently sued Google and YouTube for copyright infringment, the first big lawsuit against the online video site and the company that owns it. Viacom, the owner of two popular stations MTV and Comedy Central, claims that unauthorized clips of Viacom have been viewable on YouTube and they have been viewed many times.

Unlike the move that has been made by other media companies such as GE- which owns NBC, and CBS where they were able to settle an agreement with Google and YouTube and made them their partners, Viacom decided to sue.

The move of those who partnered with YouTube is based on the gain from the increased exposure of the shows which clips are available on the website. Some media companies sees the posting of videoclips as an opportunity to advertise their show to millions and millions of viewers, mostly young people. On the other hand, Viacom's move is presented by them as a stand to protect their right. I believe that they did that because they weren't able to get a deal they want from Google.

It is true that Viacom has a right to protect its products and has a cause of action against Google, however there are times when a person would gain more from a bad compromise agreement as compared to a glorious victory from the court. I believe that this is one of the cases where this idea applies. Why? Because 1) Viacom fails to see the great opportunity it could get from joining, instead of going against, YouTube such as multplied advertising and exposure 2)like BBC, Viacom can circumvent its problem by instead opening channels on YouTube 3) also like BBC, it could instead strike a deal with YouTube to get a share of the advertising revenue generate by the traffic to the channels it may set up - but then again maybe Viacom wants more which is why they sued.

Growing structure and divide

2007-02-26T00:50:00.000-08:00

Again, technology is the knowledge and skill in usage of crafts in everyday life. It creates a multiplier effect in terms of the efficiency of labor or capital. Hence, it may also create a multiplier effect on the difference in efficiency or capability between persons who have the latest technology as compared to those who do not have.

The current digital era has created a divide between people who have and those who have not. The effect is not just in terms of economics (employment, costs, etc) but also in some other aspects. For example, a person who does not have access to the internet do not have the social networking advantage that other people do. Also, those who do not have do not have much voice as compared to those who are up to date by the minute with the news, government's actions, and even in participation in the decision making of the government through expression of opinions online. This divide has widen the already existing poverty gap within nations and even throughout nations. The Philippines do not have as much law with regard to this technology as compared to US, Japan, etc., because we, Filipinos as a whole, are not that familiar with it.

SO the question is how should the government respond to this? There is the one laptop per child project of red hat which would costs the Philippines billion of pesos and there are also some other alternatives.

So what are the alternatives? The first point, I think, that the government should take into account is which effect of the digital divide is pressing? Is it the technical aspect or the computer literacy of the working population - main issue is employment, is it the social aspect, or should the government look into the more long term solution by starting with the young ones. If it is the first one then the government should focus more on training the workforce or retraining those people who got unemployed. If it is the social aspect then the government would just have to encourage the sprouting of internet cafes where access is getting cheaper and cheaper. But if the government should take the long term solution, then the child should not just be taught how to use the technology in their school but should also have access to a computer in the house- which would entail a heavy fiscal punishment to our government. There could be other substitutes like the project where computers with internet access are given to certain barangays where the issue then would be the time of access, the fairness of allocation of time, and transportation to that place.

The invention that was created by man to make life better has ironically caused inequality. This inequality could not be solved by the markets alone because in the first place, the market has already created the initial inequality. Lawmakers must address this issue for this will determine of how will we fare as a nation in the upcoming years.

A case of online torts

2007-02-21T06:15:00.000-08:00

In a case in US District Court titled Doe v. MySpace, a minor girl aged 13 signed up in MySpace representing herself as 18 - it must be noted here that according to the terms and policy of MySpace a person under 14yrs of age are not allowed to avail of their services-, signed up. She then met a 19 year old man whom she then talked with on the phone and then allegedly assaulted her.

The plaintiffs in that case, the minor and her mother, claimed that MySpace failed to take adequate precautions to protect the minor from getting assaulted. On the other hand, MySpace based its defense on Section 230 of the US Communications Decency Act which in quote states that:

"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

The Court therein dismissed the case holding that MySpace is immune from the cause of action of the plaintiff based on the said statute as interpreted in the case of Zeran v. AOL. The Court also stated that MySpace has no legal duty to protect its users from criminal acts of a third person or control the conduct of another. Furthermore, it implied that to require MySpace to confirm or determine the age of each applicant would entail a heavy burden on MySpace and this is what the said statute protects publishers of a third party content from.

If this case happened in the Philippine setting, would the court exempt MySpace from the suit. If it was indeed established that the girl was assaulted by the man and that the contact between them was done through MySpace, would the still dismiss the case? I believe that if the Court would rule in favor of MySpace, it would be on the basis of the concept of proximate cause. This is because our law punishes the publisher as can be seen in the Revised Penal Code. I believe that this is a better way of ruling over the case because exempting a publisher from torts because the work or article that is libelous was made by a third party leaves victims with no recourse against anyone if the third party is unanimous. This exemption might also lead to dubious decisions such as in the case of Michelangelo Delfino v. Agilent Technologies where a California Appellate Court held the defendant-employer to be an ISP and hence immune from a tort arising the wrongful actions of an employee by using that access.

Next level of mobile networking

2007-02-15T08:34:00.000-08:00

In an article made by CNN, it was said that techies in Barcelona are trying to device a way of making the mobile phone the next screen for surfing the Web.

The passion for connectivity has dramatically increased since the time the Internet became accessible for many people. People from all over the world were empowered to communicate with each other in a cheaper way through chatting. Then user generated content comes in ie blogs, music, and videos in youtube, etc. So what if all of these can be made or accessed through mobile phones?

Though the thought seems to be exciting, businessmen and tech people would have to go through some obstacles such as the mobile phone's hardware and software, websites that are phone friendly, and the price that the networks charge its users for such service. Nonetheless, the possibility for such thing to happen does not look so far as the technology for its realization are already there. Some websites offer services that are phone-friendly, there are mobile phones that are capable of surfing the net, and the 3G technology makes it possible to happen. The only problem left is the behavior of network operators.

So, what should be the position of the Government? I say let the "invisible hand" work with a sprinkle of "Keynesian" attitude. Let the consumers demand, the industry supply, and the government regulate to keep the competition fair for all.

Blogging

2007-01-31T08:08:00.000-08:00

Blogging has become a phenomenon. Some are personal and some are non-personal. Personal blogs are like diaries while non-personal are leaning more on journal writing.

Today, its use have become wider. Political parties in other countries are using it to connect with their constituents, it has even become a source of news.

I have received a message in my other blog from the Singapore Internet Research Center who's currently making a study regarding Ethics in Blogging Report. Let's help this study in order for us to learn more about this phenomenon. Ayt. Fill in the survey form at http://www.questionpro.com/akira/TakeSurvey?id=591306

Knowledge is power

2007-01-29T03:21:00.000-08:00

Knowledge transfer has been the reason for the progress we've been having given the limited time we have on earth. First it was through verbal tradition, then through paper, and now through digital technology.

However, there are some information that, as some people would say, dangerous. Learning about music theory, computer technology, etc surely would not produce any negative externalities to the world community - but it would actually create positive effects, but would information about how to pick locks and the like help our community progress.

In London, some people asked the removal of videos on YouTube that shows how to pick locks. It was said in an internet article that there has been cases where there has been a burglary but there were no signs of forced entry which made police conclude that a key was used. The article infers that the sprout of these type of videos might be one of the reasons.

True enough, if you try to search YouTube for lock picking videos, the return would show about 400 videos. However, If you read the comments section, it seems like lock picking is only a hobby for these people. Moreover, these videos could also produce some benefit to householders since they are given the means of evaluate the security measures they have taken for their homes, just like how the bugs and the viruses (etc) that plagues our computers produce the countermeasures that programmers are forced to make out of necessity.

Then again, not all of the effects of unrestricted information can be countered as long as there are irresponsible people lurking out there. The least that we should ask for is some restriction mechanism that webmasters should create in order to at least filter out persons who would most likely be irresponsible.

Power to the people

2007-01-24T04:08:00.000-08:00

Most democratic governments have what is termed as "representative democracy" or indirect democracy. In this type of democracy, basically, people vote for a person whom they see fit to represent their interest in the government. The problem with this type of government is its vulnerability to human greed or selfishness. For example, in our legislature, it would almost be impossible to pass a law that would ease the unfair advantage of political dynasties. Why? Because the representatives themselves are guilty of that.

On the other hand there is another variety of democracy called "pure democracy" or direct democracy. In this type of civic, all of the people concerned can participate in the decision-making process of the government. Among the other disadvantages of this type of democracy such as susceptability to mob rule etc, the more apparent and technical problem in this is the tediousness of information dissemination and gathering for the latter- eg collecting the votes of all the people on the issue of WON a road must be built an the street of A considering that the budget is this much. However, there are some places that exhibits the characteristics of a direct democracy such as in Switzerland where a citizen may propose a law that would be decided by the citizens either to pass it or not. Also, the use of "referenda" in some US States.

A bigger counter to the possibility of direct democracy is that as the populace grows bigger, the cost of maintaining it gets very high. With the progress that has been developing in the field of information technology, this could be a possibility in the near future. The internet, VOIP, SMS and whatever there may be gives hope to the possibility of making the government by the people, and for the people, a REALITY.

But of course, we need to have a better economy so that everyone can afford to have a the intrument needed or so that the government can sponsor one for everyone, and most of all, education.

Right of action

2007-01-22T07:55:00.000-08:00

The computer age has brought more efficient means of doing tasks. But then again, the technology brought about new ways of causing damage to people. I, myself, was almost a victim of an online "raket."

The story is this: I was chatting with my friends through YM. Suddenly, a friend of mine who went to US buzzed me. I chatted with her for about 5 minutes mostly general stuff like "How are you doing in US?", etc. After the chat, she asked me to send her 3000 pesos worth of prepaid load through YM. She promised to pay me $100 the next day through a courier service company. I thought to myself that it would not be a bad idea to profit from my friend here. I then asked her why won't she just buy some from a Filipino store there. She said she needed it at this minute and that she would be sleeping in 30 minutes. Being a good friend, I hurriedly looked for my keys and told my mom that I was just going to withdraw money and buy load for my friend. Luckily, my mom told me that my sister was tricked by an almost the same modus operandi. And so I went back to the computer and asked her if she knows the complete name of my sister (since the person who uses that ym id is my sister's bestfriend). After that, the person behind that ym id signed out.

Now, my sister just lost P3000 through the internet. Some money was stolen from her yet it seems like we don't have any way of having some course of action against that person and worse, knowing who he or she is. Yes, the NBI may have some ability to track down but we would have to go there to file our complaint etc. Worse, if that person who defrauded my sister did so in an internet shop, the NBI would have no way of tracking the person down. One may say that this was just a petty crime that was committed against us but same may be done to another person who could lose more. There must be some way of filing a complaint online which does not require physical presence at the NBI which takes up so much time. And even if there is, we badly need laws that will make internet users "trackable" in order to deter modus operandi like the one I mentioned above.

Wild idea about the environment

2007-01-10T06:00:00.000-08:00

The computer together with the internet, also known as the "information highway," has totally revolutionized the way we access information may it be as useful as theories on nanotechnology, or unique as porn, or less important such as daily accounts of a personal blog.

These inventions are continuously, inch by inch, making paper as the foundation for information access obsolete. That seems to be a good thing for environmentalist - save the trees as they cry out- but the pollution is also created by making all the hardwares. But if only these hardwares are just upgradeable and that hardware becomes the standard laptop/notepad/ or whatever they call it, then the earth has a shot in the future.

But again, the marketplace works by way of the invisible hands. The law could only do so much as compared to peoples'preference. And I believe that educating the people about the environment will be the first step. This is where information of the information technology comes in.

Many Thanks for the Comment

2006-12-05T05:28:00.000-08:00

I thought our blog entry would not merit the attention of anyone in the class but to my surprise, not only was there a comment, but what a comment it was:

Are you serious?If the government is given the go signal to suppress the freedom of expression of communists, what is the guarantee that it won't do this with ordinary citizens. or are you proposing a complete control/monitoring/black out of anti-government ideas like what China is doing?

It made my day because I realized the significance of my proposal, that it was not merely a submission to meet a course deadline, but an advocacy which impacts on our lives as UP students of law (yabang!) and freedom-loving citizens.

The comment, while quite receptive to the idea, expresses doubts that such measure would not be across the board, that ordinary citizens would not be lumped in the same classification as the clear objects of the measure – the members of the NPA. In this regard I could not agree more. Today our Congress is said to be composed of three branches: the Lower House, the Senate and the Bicameral Committee. Our justice system is not perfect, especially with the alleged propensity of some lawyers to analyze complex questions of fact and law using their profound knowledge of the judge.

Simply put, we will ensure that sufficient guarantees will be put in place so that our legislators will not cut corners in the drafting of the law. Of course the standard would be proof beyond reasonable doubt. Then perhaps we can mobilize to educate the public about the ABC’s of the law. And more…

Definitely, the proposal would not even be remotely similar to a complete control/monitoring/black out of anti-government ideas like what China is doing. The proposal made it very clear that the prohibition on the possession and use of high tech gadgets would be applied against the members of the NPA who are waging an arms struggle against the government, nothing more, nothing less. It would not cover political activists of any denomination. It will strictly be a tool to complement the present military operations against the NPAs who are using the latest IT solutions to enhance their combat power. Equally important is its being an expression of support to our soldiers who continue to offer their lives to protect the security and welfare of the Filipino people.

And yes, I’m serious with my proposal and I am gratified by the comment.

Networking

2006-12-04T09:35:00.000-08:00

There's so much that we share
That it's time we're aware
It's a small world after all
- It's a small world by Sherman and Sherman

There was a study made by Stanley Milgram in the mid 1960s which concludes that a person is only 6 persons away from any other person in the world. A hypothetical situation to better illustrate the study made, the President of Iran is has an adviser who has a friend in Syria who has a cousin in Lebanon who hired a Filipina whose mother is your yaya. Simply put, the study suggests that this world is a small world after all. Another study regarding the same subject was made by Granovetter. He said that the weakest ties you have is actually the strongest. In the interviews he made, he found out that only 16% of the people from the pool got their jobs through a contact whom they saw often whereas 84% got their jobs through contacts whom they saw occasionally or rarely.

This makes me think about the possible benefits I could derive from networking accounts such as friendster, multiply, etc. Maybe I should add those people whom I only know by name - though there are some in my account - just so I would have a stronger social capital. Social capital, as defined by wikipedia, is "a core concept in business, organizational behaviour, political science and sociology, defined as the advantage created by a person's location in a structure of relationships. It explains how some people gain more success in a particular setting through their superior connections to other people."

Now why through the internet? The answer is simple, because it is convenient and is getting cheaper and cheaper. There is a saying that it is not what you know but who you know. This might be one of the ways to expand who you know on a theoretical level. Nonetheless, it would be great, i think, if the government could provide people who are at a disadvantage from gaining social capital by including this as an objective in building infrastructures that would give other people access to the internet.

A Modest Proposal

2006-11-30T05:32:00.000-08:00

I do not really know if this article will merit the serious attention of anyone in the class because it seeks to propose a peculiar application of Information Technology in the government’s strategy to eliminate the problem of insurgency in the country. Simply stated, this writer advocates the passage of a law that would criminalize the use or possession of every type or make of Information Technology gadget by the members of the New People’s Army (NPA). What it further means is that as part of the valid exercise of Police Power by the government, no member of the NPA may legally possess or use laptops, cell phones, tactical radios etc and the rationale is quite understandable: the NPA as the military arm of the Communist Party of the Philippines (CPP) undertakes a military struggle to overthrow the existing social, political and economic order and supplant it with its own regime. Presently, they are heavily involved in Ideological, Political and Organizational activities or, plain grassroots propaganda work.

In the course of their struggle the NPA cadres have taken full advantage of the innovations in IT to secure their communication systems, disrupt the communication lines of the AFP and make efficient their propaganda work with the members of the civilian population. Many Filipinos may not be aware of it, but IT has become one of the more potent weapons being used by the NPA against the government. This has to stop and one way of doing it would be to impose stricter controls so that anti government groups advocating arms struggle would not be given a free ride in the technological revolution whose benefits are being enjoyed by members of mainstream society.

I know that this advocacy has not even been thought of, not even in Iraq. But that is precisely the point – the Philippines is not Iraq! The Philippines is a country governed by the Rule of Law and the government has every right to defend itself against those which seek not merely to undermine it, but to overthrow it. And it is the duty of every citizen to contribute to the defense of the institutions that are silently threatened by the communist insurgency.

While it is good to think of how the IT revolution could be better managed by the formulation of policies that make sense and would redound for the benefit of the people – as other blog entries would suggest - the need to properly regulate the use of high tech contraptions or applications against the organs of the state is quite very timely. We have an insurgency situation in our midst and as responsible citizens we should try to think of ways by which we could help the government. And I think UP Law students enrolled in the Information Technology class should seriously consider how IT could be managed as a tool to reduce the insurgency thereat.

That’s all for now. Typhoon “Reming” is already perilously creeping.

TV on the internet

2006-11-25T07:52:00.000-08:00

3 months ago, I received an email from a friend containing a link to something that is supposedly funny. I clicked, I saw, I laughed. However, I did not stop there. I explored the site and entertained myself a little longer. I just can't believe that I can just watch some shows from comedy central without having to wait for the certain period they are shown on cable. I was completely amazed. It is a good thing that by that time, I was no longer using a dial-up connection.

Another revolution for this age has begun. Youtube. The feeling is just so great. I wouldn't have to deal with lame shows whenever I have my little break from studying.

However, after sometime, youtube had to deal with copyright laws. For instance, comedy central demanded youtube to remove video clips coming from its programs. Fortunately, i believe that they made another deal with youtube wherein some of the clips would still be available - something about licensing and official clips are the ones that should be posted.

My opinion is, it would be beneficial for media companies to have their shows posted on youtube as long as the ones that would be posted are regulated. For example, if in some way viewers would still have to watch the commercials, then there is no problem for tv networks. But, cable companies would be in a different case. As for now, it doesn't seem like youtube would be deemed as a substitute for cable tv but when internet connection becomes faster and almost all shows can be found in youtube, then their industry might shrink.

Opening post

2006-11-18T02:54:00.000-08:00

Dominic: Times are changing. You've got to change with the times.
Boss Paul Vitti: What, am I supposed to get a fuckin' website?
- Analyze This (1999)

Let me begin this blog with an observation by “old people” that times are changing so quickly. The way things were done before are more and are continuously being simplified as consumers around the world continue to favor convenience. Back in the days, lovers send messages to each other through letters. Nowadays, cellular phone and SMS has cut down the process to the nth power making it more easier for lovers to send each other messages.

I wouldn’t be talking about lovers and their ways but I would be talking about something else. Something that I think would be more prevalent in the future, Online dating.

Dating takes a lot of time, planning, and money. In the near future, the man might put more utility in meeting people conveniently.. or not. The point is the industry for this type of dating exists now and seems to be growing in other countries like US.

Though this way of dating sounds more convenient than the usual, there are perils lurking around it. As the communication takes place digitally, you might never know and judge by instinct the real character of the person behind the words on the screen. Moreover, there is always a possibility that criminal minded persons might use this tool as a means of executing their twisted idea of satisfaction.

In the US, some states are pushing for legislation that would regulate these tools. In California, a bill was introduced requiring online dating sites to conduct criminal background check on their members. If they should fail, a fine would be imposed on each day they do not meet the requirement.

In the Philippines, online dating is not prevalent. There are popular online communities that Filipinos use such as friendster, multiply, etc but dating is not the reason why people subscribe to it. If you look over the internet for online dating for Filipinos, you’d just end up mostly looking at mail order bride sites. What is prevalent is matchmaking by textmessaging. Similar to online dating, texters send out their profile hoping that someone would have interest in them.

Eventhough the means might be slightly different, both are “convenient’ and are at risks with problems of being used by criminal minded people. The question now is: should there be a law that would regulate these activities to avert or minimize the risks. States in US are pushing through for regulation probably because there are several instances where some persons in these States were taken advantage of through online dating. In the Philippines, no law nor bill seeks to cover this field. Maybe this is just a new field and is not yet a priority as of the moment. Nonetheless, the field does present a possible problem, though not yet ubiquitous and might only be more visible in the future.

The point of this post, as to celebrate the opening of this blog, is not primarily to discuss online dating. If you think it is, you were misled or maybe I’m just a bad writer. My point is, times are changing, and so shall the areas that lawmakers should consider.