Downloaders’ be warned, you’re next—gov’t

**Monseratto** · February 17th, 2009 06:28 PM

Now really...

PASIG CITY, Philippines–Individuals downloading music, movies and software are being targeted by the Pilipinas Anti-Piracy Team (PAPT), a consultant for the software organization Business Software Alliance (BSA) said.

However, trapping and prosecution of individuals may not happen until the country’s Intellectual Property Code is amended.

BSA consultant Bienvenido Marquez III said in an interview that end-users should also be liable for piracy, even if downloads are for personal use.

The growing usage and decreasing cost of broadband Internet services in the Philippines are now allowing people to download larger files, such as software and movies, into their hard drives.

“We can’t prosecute individuals because there is no such law. However, we can go after individuals or even shops caught sharing or selling downloaded items,” he said.

He added that even the E-Commerce Law has no specific provisions on prosecuting piracy through downloading.

Marquez said Congressman Rufus Rodriguez and Senator Edgardo Angara have proposed amendments to the current IPR Code.

Marquez said downloading of illegal content from the Internet has increased worldwide and in the Philippines and that losses could be in the millions.

There are now a lot software applications and peer-to-peer websites that allow downloading of content from the Internet.

However, there are few laws abroad governing prosecution of users who download content from the Internet partly because content are hosted in different places abroad.

**ab_initio** · February 17th, 2009 06:43 PM

Originally Posted by Monseratto

Now really...

^^ why prosecute an individual downloading for personal use? prosecute the one behind the invention of the software that allows me access to it...that's contributory piracy...no need to amend the law...just intensify the enforcement and hone some more those in the fact finding and investigation of piracy offenses... how can we enhance the present invention when it is strictly regulated? that's precisely the spirit of personal use...so that among the many end users baka may bagong invention out of the new one which has patent or copyright...

**ghosthunter** · February 17th, 2009 06:48 PM

With the current kind of laws we have for raids... very unlikely they would be actually catching anyone. For starters, a search warrant has to be very specific. If I would be paranoid, I can just put all my downloaded content into a network accessible storage box hidden somewhere in the house. You can even setup a wifi version as well to hide almost all the wires that might give it away.

Second, if there isn't a complaining party, it is difficult for BSA & PAPT to make a sustained campaign. The complaining party has to post a bond which is usually a couple hundred thousand pesos. The money is used to fund the raiding group including the vehicles, people, etc. The BSA/PAPT might do two or three raids on their own just to make an example but not much beyond that. And since it costs so much to do one raid, they will target bigger operators. They will totally bypass end users which is probably the bigger segment of the "downloaders" they are trying to stop.

We just have to take a look at Pirate Bay in their "legal" battle against the copyright lawyers. In fact they were raided and found NOT GUILTY of any copyright laws simply because their servers do not house the actual files being shared.

In the same light, our IP laws are not prepared to handle peer-to-peer sharing. And to our country's interest, it's best that politicians keep their noses out of the techies' business unless they suddenly want to see their websites hacked and computer contents made useless.

**Horsepower** · February 17th, 2009 06:49 PM

hahahaha. UK and US FAILED MISERABLY to curb online piracy. Pilipinas pa kaya who doesn't even have an eight of the resources of these countries (and the intelligence).

Multi-layer proxy pa lang, tapos na e.

Asa pa. hehehe.

**ghosthunter** · February 17th, 2009 06:52 PM

Originally Posted by Horsepower

hahahaha. UK and US FAILED MISERABLY to curb online piracy. Pilipinas pa kaya who doesn't even have an eight of the resources of these countries (and the intelligence).

Asa pa. hehehe.

Only in singapore has online piracy has been controlled. It's because the government controls the ISP and monitors it's traffic.

**Altis6453** · February 17th, 2009 06:55 PM

Good luck with that one. Even in the US, enforcement and prosecution of downloaded content (audio and video) from the internet by a private individual for personal use is difficult to do.

**testament11** · February 17th, 2009 07:03 PM

wala, hindi eto makakaya gawin sa atin

**Jun aka Pekto** · February 18th, 2009 05:40 AM

Originally Posted by Altis6453

Good luck with that one. Even in the US, enforcement and prosecution of downloaded content (audio and video) from the internet by a private individual for personal use is difficult to do.

I read somewhere the authorities are already talking to various ISPs and can hold them liable. I haven't really kept track of it since I don't pirate software anyway unless abandonware MS-DOS games count.

**s_quilicot** · February 18th, 2009 06:46 AM

bagong funds na naman yan.

in short corruption na naman,

**Yoda** · February 18th, 2009 07:48 AM

Originally Posted by ab_initio

prosecute the one behind the invention of the software that allows me access to it...that's contributory piracy.

Following the same logic, we should then prosecute the inventor of the gun. Or the hammer. Or the ball point pen. They can all be used to kill someone.