> Mura Mucha, > > 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
Yes thanks for the reply, it does clear my queries. Though im disappointed that FOSS would still be out of grasp for most provincial private-users, since sale or distribution of said optical media product requires registration or license, and it is really a hindrance for its promotion, spread and accessibility especially in the province with poor or no internet services coverage. Im not thinking of mass producing them or have the thinking of bill gates dream, we retail pc hardware and i just want to provide software service and at the same time promote open source in the region, i was planning that anyone could just get a copy in my store and charge them to cover my expenses for the cd/case/print/documentation/service/warranty, but the said law is hindering me from doing it. Im thinking of just dropping it and just sell plain pc hardwares since i have no idea where i could register especially going to manila would be expensive for me. My customer might as well stick with the pirated stuff sold in the corner, its easier to get one than a legitimate copy of FOSS. -- _______________________________________________ Get your free email from http://www.graffiti.net Powered By Outblaze _________________________________________________ Philippine Linux Users' Group (PLUG) Mailing List [email protected] (#PLUG @ irc.free.net.ph) Read the Guidelines: http://linux.org.ph/lists Searchable Archives: http://archives.free.net.ph
