There are ways of getting around the registration requirements of the Optical Media Act (OMA).
(1) Perform a service -- Instead of producing and selling pre-burned FOSS CDs to your clients, you can install FOSS in your clients computers as part of your software support services. In this way, you do not have to mass produce any CDs and be subject to the OMA. What your clients are paying for then is not for the FOSS CD itself but for the services you've rendered. You will not be deemed to be in the business of manufacturing CDs commercially since you give the CDs away "free-of-charge".
(2) Let your clients burn the CDs themselves -- Set up a computer with a hard drive full of FOSS and a CD-burner where your clients can burn on their own FOSS CDs. Instead of charging them for the FOSS CD or for the materials for making a CD, you can charge them for computer use/time (similar to an Internet cafe).
(3) Have someone else burn the CDs for you -- This is less pratical and economical, but if you know a company that's registered with the OMB, you can get that company to burn the FOSS CDs for you. So instead of registering yourself, you get your CD-burning done by a registered person or entity.
Regards,
Bong
P.S.
Danny's suggestion of a FOSS toaster is also a good idea.
On 10/4/06, Mura Mucha <
[EMAIL PROTECTED]> wrote:
> 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.
--
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