Please note that there is an exemption in the law for non-commercial copying using personal CD-writers. Under the Optical Media Act (OMA) section 3(f), "optical disc writers and such other devices used in personal computers not for commercial purposes shall not be considered as manufacturing equipment." So, if one reproduces FOSS CDs using off-the-shelf CD-writers and distributes them for free (i.e., non-commercial purposes) then one does not have to register with the OMB.
In general, the sale or distribution of optical media is not illegal per se. It is only when one does not comply with the regulatory requirements imposed by the OMA (when one is required to do so) that one can be held liable under the law. Since you are manufacturing and commercially distributing optical media, even if it contains FOSS, you may have to register your business of reproducing optical media (not the FOSS itself) with the OMB.
It must be noted that the freedoms guaranteed by FOSS pertain to those freedoms which are granted to the user or developer of a program. It does not mean that the businesses or activities that deal with or involve FOSS are also "completely free" from any legal or regulatory requirements. By analogy, RedHat and other FOSS developers cannot possibly complain that getting business or tax permits limit their right to modify and distribute FOSS. It's all part of doing business.
You must also make a distinction between violation of the OMB (failure to register a regulated activity) and piracy/copyright infringement (which is the copying or distribution of copyrighted works without the consent of the copyright holder). When you commercially reproduce FOSS CDs, you are not guilty of copyright infringement/piracy since you have the right to do so under the GNU GPL or the applicable FOSS license. However, your act of commercially mass-producing optical media is subject to regulation under the OMA.
I hope you find this helpful.
Regards,
Bong
---------------------------------------------------
bong dizon
law.norms.code
http://lawnormscode.sync.ph
On 10/4/06, Mura Mucha <[EMAIL PROTECTED]> wrote:
> ----- Original Message -----
> From: "Peter Plug" <[EMAIL PROTECTED]>
> To: "Philippine Linux Users' Group (PLUG) Technical Discussion List" < [email protected]>
> Subject: Re: [plug] Does Optical Media Board covers Opensource Softwares?
> Date: Wed, 4 Oct 2006 09:54:10 +0800
> There is still no distinction since OSS software *is* covered by copyright
> law... :-)
>
So its pretty clear now that, "sale or DISTRIBUTION of optical media" is illegal?
So if i give someone a copy of linux in optical media format such as cd-r, it is illegal right? even its for free since as mentioned its covered and copyrighted. And distribution of copyright items is illegal and a form of piracy.
Only in the Philippines!
Maybe ill just give up all of these things and learn aquaculture of fresh water prawns instead.
I cant believe even the open source bill did not cover this hole. It only ammended the non-patent items in the Intellectual property code of the philippines.
--
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