Copyright Infringement

GROUP 2 REPORT

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What is copyright infringement?

• Copyright infringement is the use or production of copyright protected material without the permission of the copyright holder.
• The standard for infringement is whether the work is “substantially similar” to the original work.

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Republic Act No. 8293�

• An act prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes, other wise known as the Intellectual Property Code of the Philippines.
• Other parties may be granted permission to use those works through licensing arrangements or buy work from the copyright.

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Unfair Competition

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What is unfair Competition?

• is using illegal, deceptive, and fraudulent selling practices that harm consumers or other businesses to gain a competitive advantage in the market.
• is essentially a deceptive or wrongful business practice that economically harms either consumers or business entities.

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Some of the most common forms and example of unfair competition include:

• Trademark infringement

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Some of the most common forms and example of unfair competition include (continued):

• Unauthorized substitution of one brand of goods for another
• Misappropriation or use of confidential information
• False representation of products or services
• False advertising

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Law Governing Unfair Competition

• Republic Act No. 8293, or otherwise known as the Intellectual Property Code of the Philippines (“IPC”), is the law which punishes unfair competition

Penalty for unfair competition

• Under Section 170 of the IPC, a criminal penalty of imprisonment from two (2) years to five (5) years and a fine ranging from Fifty thousand pesos (P50,000) to Two hundred thousand pesos (P200,000), shall be imposed on any person who is found guilty of committing unfair competition. The penalty shall be independent of the civil and administrative sanctions imposed by law.

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Virus

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Nature of virus

They can spread via several methods such as email or direct through a network and either rely on a user to initiate them or can run without user intervention or knowledge.

A virus is a program that replicates(copies) itself and can cause harm by the following methods:

• Copying files
• Deleting files
• Corrupting files

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Malware and its Authors in the Law

• Common definitions, form, and families aside, there is no clear legal prohibition on creating malware.
• The statute criminalizes the use of malware by a malicious user who intentionally access (or threaten to access) data or systems beyond the scope of the user’s authorization or intentionally causes damage (or threaten to cause damage) to the data or system. The statute never mention writing the software.

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Fair use

• In malware’s case, fair use is the likely defense to copyright prohibition.
• Because idea and expression are so intertwined in software, fair use of the copyrighted materials can extend even to disassembly and decompiling.

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• Are viruses protected works?

As stated in copyright, copyrightable works are protected from the moment of their creation. Including computer program or software which belong to literary work. But there is no specific description that virus is included to that copyrightable works regarding of what is the intent of that work. Software are protected under Intellectual Property Code of the Philippines.

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• Is virus beneficial?

For many computer users, virus are nothing but a nuisance, existing only to harm, and aid criminal acts but as a matter of fact, virus are very beneficial even if they provide hard lessons. Exploiting programming errors or causing crashes, viruses effectively mandate that software companies to produce better quality product, which they do not always do. If they did, errors would not exist for viruses to exploit.

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• Why claim infringement?

While there are ample grounds to assert infringement, the primary in your mind is likely why a virus author would assert a claim of infringement. They open themselves up for prosecution under several criminal statues and may be financially responsible for any damages their creation have caused.

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Law Governing virus (malware)

• Republic Act No. 10175, also known as The Cybercrime Prevention Act of 2012, it aims to address legal issues concerning online interactions and the Internet in the Philippines

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Tele/videoconferencing

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Tele/videoconferencing

Teleconferencing – is the holding of a conference among people remote from one another by means of telecommunication devices such as telephone or computer terminals.

Videoconferencing – is the holding of conference among people in remote locations by means of audio and video signals.

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Tele/videoconferencing

Sometimes there is no alternative to a face-to-face meeting, but conference calls and videoconferencing provide a highly convenient, non disruptive, cost effective and environmentally friendly way to communicate without the time and expense of travel. One of the key requirements of meetings is confidentially, and video conferencing. This applies to services such as Skype, Zoom, Google Meet, Webex, and Micros0ft Teams.

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Tele/videoconferencing

• YouTube and Facebook is an Example of Video Conferencing in terms of live broadcast.
• For example, in Facebook if someone post a video clip that has no consent or anything that be credited the owner Facebook will terminate your post and it will discuss that your video/clip had copyright infringement violation.
• In YouTube, you need to cite the link or credit the owner of the video in order not to violate as copyright. For example you used a clip from a streamer in his/her live broadcast, and you did not cite any links or credit the owner of the video it will be a copyright violation using his/her video without any consent.

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THANKS!

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