The Doctrine of Fair Use and the Use of Copyrighted Material in the Internet

"The Internet has been characterized as the largest threat to copyright since its inception. The Internet is awash in information, a lot of it with varying degrees of copyright protection. Copyrighted works on the Net include news stories, software, novels, screenplays, graphics, pictures, Usenet messages and even email. In fact, the frightening reality is that almost everything on the Net is protected by copyright law. That can pose problems for the hapless surfer” (Copyright Website, www.benedict.com)

The website http://www.benedict.com/ contains summaries of cases pending in the United States involving the use of internet and the issue of copyright. Interesting cases involve the Google Book Search Project and the Viacom vs. Youtube squabble over SpongeBob. To my mind, the kind of issues being raised in these and other recent cases in the US indicate a narrowing of the doctrine of “fair use”.

These cases seem far removed from us at this juncture. After all, Intellectual Property Laws like most of our laws are territorial. However, a caveat to consider is Section 3 of the Philippine Intellectual Property Code (IP Code), which allows the enforcement of intellectual property rights of foreign entities in this jurisdiction subject to the existence of a treaty allowing such enforcement or in the absence of such treaty, at least, on the basis of the principle of reciprocity. This notwithstanding, the applicable law for IP Violations is still Philippine Law.

Are developments in American jurisprudence concerning fair use applicable to the Philippines? This is relevant in view of the criteria for fair use spelled out in the IP Code:

Sec. 185. Fair Use of a Copyrighted Work. –
185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:

(a) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit education purposes;
(b) The nature of the copyrighted work;
(c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(d) The effect of the use upon the potential market for or value of the copyrighted work.

185.2 The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


The criteria enumerated (purpose and character of use etc) in Section 185.1 is actually from the landmark case of Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985) regarding the memoirs of former President Gerald R. Ford. Excerpts of said memoirs were published by The Nation Magazine to the prejudice of Harper and Row (publisher of Ford) who had an exclusive contract to publish excerpts of the memoirs with Time Magazine.

Because of the similarity of the text with the criteria in Harper and Row, there is a strong temptation to apply the doctrine of adoption of interpretation based on the foreign origin of the statutory text. In other words, since the text is borrowed from American statute books, American jurisprudence has great persuasive value in this jurisdiction.

Prof. Susan Villanueva, a professor on Intellectual Property Law in the UP College of Law, gives us a caveat in the matter of fair use. She opines that there are differences in the wording adopted by the IP Code vis-à-vis US jurisprudence. Section 185.2 for instance, is a significant departure from Harper and Row. She also invites our attention to the term “multiple copies for classroom use” which in some states in the US has been eliminated from their statute books.

In my view, this difference in US and Philippine Law may be used to support a different conclusion should concrete cases be brought in our Supreme Court on fair use of internet materials.

In interpreting said statute, our courts should be more circumspect in adopting American Jurisprudence. It is rather unfortunate that the Supreme Court has uncritically adopted American Jurisprudence in the past.

A broad interpretation of the scope of the fair use doctrine has its benefits. Internet, with its rapid information dissemination capabilities, can be an important tool for developing countries (derisively classified as the Third World) to catch up with the more developed ones. For instance, with the development of USB Internet Connections, which allow remote access to the internet, the Philippine Government may be able to provide a bridge to compensate for the lack of libraries in many parts of the country.

On the contrary, a narrow interpretation of fair use can have adverse consequences to these developmental goals.

The link below is an example of how the internet can be an effective pedagogical tool. To those with IPL background, this clip would also show you the difference in the duration of our copyright law from that of the US.

http://www.youtube.com/watch?v=CJn_jC4FNDo (Walt Disney Characters Tell us What Copyright is)

BRYAN A. SAN JUAN

Entry No. 3

Show Me the Money! (2nd Entry)

One of the messages repeatedly bombarded by anti-piracy advocates is that piracy deprives artists of income and would eventually kill the industry (like music). What if this is not true and that artists are actually earning more now. Here is an interesting study conducted in the United Kingdom and Canada which actually shows that P2P file sharing actually increases music purchases (http://www.zeropaid.com/news/87267/study-artists-earn-more-in-ap2p-world/).

The link points out (as far as the UK is concern) is that artists are actually earning more through the rise in concert revenue and music download sales. Also, it also cites a study conducted by the Canadian government which shows that people who download music illegally actually spend more money on music than those that don’t. The ones who are actually losing their share of the money are the music labels who stick to their traditional business model.

It still has to be examined however how this would impact new artists since it seems that majority of the concert revenues go towards the established artists. Furthermore, I have my doubts if a similar scenario exists in the Philippines given the infancy of the music online purchasing industry and generally low income of consumers. Nevertheless, it is interesting that one of the "evil" of piracy can turn out to be a myth.

Technology Dung

(2nd Entry)

I was so tempted to write a sequel to my first entry on Wapakman, especially when I heard the news that Papa Ranillo is coming to the rescue of his precious daughter by bringing the law into the mix. But that would be too Jobert Sucaldito-ish. Anyway…

“Computers are toxic boxes that potentially can pollute groundwater supplies and harm wildlife in addition to humans…The problem is 500 million computers will be obsolete by 2007, two in every household, according to Jim Pucket, a network organizer for Basel Action Network (Heyamoto, 1)…That’s literally tons of technology being disposed of…But where does it go?”

This was lifted from a paper, “Environmental Impact of Technology Waste, written in April 6, 2004 by Robert Accettura. I came across his paper on the internet while searching for information on technology waste. All the convenience brought about by the computer which is constantly getting faster and smarter comes with a price tag that humans cannot afford. While we are able to make our world smaller through the internet and other technological advancements, we are also destroying this same world. Technology, with its increasing powers, should find a way to clean up its mess. We, the users/followers of the wonders of technology, should clean up our mess. And eventually, there shouldn’t be any mess to speak of. Technology does not have an answer to every human issue. Certainly, it does not have an answer to the problems of massive consumption of natural resources and of environmental degradation (or murder).

Something must be done to address this problem of technology waste. What purpose would technology serve when we’re all dead anyway. Yikes.

Do Not Trust the Internet (at least not always)

Surely you have received or heard about at least one of these emails:

a) A foreign bank holds a large sum of money from a certain Mr. X who died from a tragic airplane crash. Mr. X left no heirs. Fortunately, you have the same surname as him. The bank now proposes a deal with you, wanting you to stand in as his next-of-kin. In return, you get to keep a portion of the money.

b) A government official from a foreign country needs your help in transferring a large sum of money. He then proposes to transfer to you account several millions of dollars in over-invoiced accounts into your personal bank account. You only need to fill up several forms and send it to him. You are promised a certain percentage of the amount after the transaction is completed.

c) You have won $5M from an online lottery. Your email address was said to have been extracted from over a hundred thousand entities listed online. To claim the money, you just need to email certain information with their claims officer.

These are just some of the variations of popular email scams. While we may laugh at the thought of us getting conned by these schemes, thousands have already been victimized by them and millions of dollars have been lost. The advance-fee fraud (such as letter B above) alone has been estimated to have caused over $32 billion in losses as of 2008.

But the more important question we should be thinking about is how they were able to get our email addresses. Apparently, these scammers get our addresses by collecting them from websites, buying them from businesses, or by simply guessing possible names on popular email hosts. Thus, whenever you are shopping online, registering for an account, or simply filling up a survey, there may be a chance that your personal information may be leaked out to persons not parties to the transaction.

There is really no concrete way to completely eliminate these problems. These security issues are likely to prevail, given that one of the essential foundations of the internet is the free flow of information. Hopefully, such flaws of the Internet will be cured as the internet users mature and learn how to carefully use the technology.

Monch Bacani

02-01003

2nd entry

references:

http://www.ultrascan.nl/html/419_statistics.html

http://www.estatefinance.com/inheritance_scams.ph

Faster than you can say "wiki."

by Hermilia C. Banayat-Nas (2nd post)

The young Ampatuan is feeling cranky. All his growing years he was made to believe that he is entitled to be Maguindanao's executive. He wanna, really wanna that position. At the slightest "no" he throws a tantrum.

I slept last night still feeling disgusted. For at least three days I heard and read of news on the Ampatuan massacre. The details are slow to come out, and they only get worse.

I woke up, planning to shift my attention to some other thing to blog about. One last peek at the news, I said, thinking of the murders. My Chrome opens to its default search engine, Google, and I type: "maguindanao massacre." The first entry was a list of new results which I do not choose because Gloria Arroyo's picture was beside the links.

The second result was a link to Wikipedia. I clicked on it. The entry contained a factual narrative of the horrific event, and some--there was a three-tiered summary discussing the attack, aftermath and victims of the brutal killings. I check the statistics and the accounts. Fairly factual.

Click: this is how fast information has become available because of the Internet. More than that, this is how fast justice has become reachable because of the Internet. While it may take years before the killings would be attributed to the masterminds, if at all, Wikipedia has already associated "massacre" with the Ampatuans. The "link" was established, faster than you can say "wiki."

Yes, this is not enough. Ideally, investigations should unmistakably point to the Ampatuans as the perpetrators who have caused at least fifty-seven families to grieve the loss of their loved ones. The victims would only be avenged by the promulgation by a court of justice of a decision finding the Ampatuan warlords guilty of the murders.

But it is a start. The Wiki entry is evidence that the massacre has taken its rightful place in the public agenda. It is reflective of the indignation and the disgust that has resulted from society's assessment of the incident. It shows how people regard the killings--not lightly--and how much pressure there is to hasten the investigations.

The blogs, accounts and news in the Internet expressing outrage over the bestial attitude of the Ampatuans in protecting their political throne in Maguindanao should not only spark hatred against the monsters who raped, killed and tortured the victims. These should also offer a scintilla of hope to the families.

Ampatuan sits on a cushioned sofa in the National Bureau of Investigation, irritated that he has to play make-believe. He does not like this at all.

Bloggers Beware: Or The Perils of Giving a Digital Thumbs Up (Or Down, for that matter)

The dawn of "new media," in the FTC's mind perhaps, has made 'endorsers' out of all of us. Social media marketing has empowered individuals to be persuasive and reliable sources of what is good and what is bad out there - and the personal touch is a lot cheaper for advertisers, too.

The US Federal Trade Commission came out with a controversial set of revised rules on product advertising, Concerning the Use of Endorsements and Testimonials in an attempt to regulate social media marketing. The rules will directly affect bloggers and other Internet savvy individuals who use sites like Facebook, twitter and their own review blogs.

The nebulous set of rules have caused an uproar in cyberspace where numerous loopholes and ambiguities in the rules have been pointed out. Anyone who receives products and blogs about them ("endorsement") and keeps the products for himself/herself ("compensation") is required to disclose such fact, lest s/he be investigated and subsequently fined a whopping $11,000 for the failure to disclose such fact. The rules are explicit that it doesn't matter if you give good reviews or not, what matter is that little link you put at the end of your post directing readers to the site where they can purchase the product you praised or trashed (to an extent).

The new rules raise a lot of questions and gives rise to even more absurd scenarios. One is the targeted regulation of social media marketing while steering clear of "institutional" figures such as newspapers, that more or less operate the same way as blogger-endorsers do but are apparently not covered by the FTC regulations.

But individuals who sign up for fan pages on Facebook are suspect. Even those who tweet about a product, offering a quick link to it, must find a way in 140 characters or less to disclose their "material connection" to the advertiser. What about the hundreds of thousands of bloggers out there, with a place in cyberspace but nowhere in the US jurisdiction? Will sites like Blogspot and Wordpress that host their blogs be eventually considered as "institutional figures" (and therefore outside of the regulations) or will they become the next cyberpolice?

Now that I think about it, maybe I should take myself off Steve Jobs' Facebook fan page - the FTC might think I got an iPod out of it.

http://www.edrants.com/interview-with-the-ftcs-richard-cleland/

Jat Tabamo Blog #2

Online Filing and Service of Pleadings

With the pervasive influence of the Internet in society, it is not striking that service of process and the filing of pleadings through e-mail have already been resorted to. For instance, service of process via Facebook, an online social network, has been held valid in Australia. Scott Harrell, in a December 2008 article wrote that “Australian attorneys can now serve enforceable court documents by posting them on a defendant’s Facebook profile. An Australian Supreme Court judge ruled that lawyers could use the social networking site to serve court notices.” In the U.S., the case of Williams-Sonoma Inc. v. Friendfinder Inc., (N.D.Cal. April 17, 2007), service of process by e-mail was allowed for foreign defendants. Also, in a January 2009 article by Stephanie Mitchell, “several Virginia attorneys are now hoping they will be able to convince a Federal District Court Judge to approve a motion to serve a summons via e-mail.”


With this rule of procedure gaining acceptance in the legal system, of utmost concern is the issue of actual notice or receipt of the e-mail to satisfy the requisites of due process. How and when do we know “whether the message is actually received by the person for whom it is intended?”


In the U.S., several states allow electronic filing and serving of pleadings and process in their Rules of Procedure. Some rules provide for proof of delivery, or proof of service. While such rules may not squarely resolve the issue of actual receipt by the person to whom such process or paper is intended, at least these rules provide a mechanism by which sufficient service or filing has been made, such that the standards of due process are met.


In our jurisdiction, upholding the validity of filing or service of pleadings, summons, process or other papers in our jurisdiction is almost a non-issue. We are a civil law country and our rules are pretty straightforward regarding the manner of filing and service of pleadings, process and other papers. Since our rules do not provide for such rule of procedure, then there is no basis to rule as valid the filing or service of pleadings, process and other papers through e-mail. It may be worthwhile, though, to look at Rule 14.15 on extraterritorial service of summons, where there is a colatilla that says “or in any manner the court may deem sufficient.” This may be a basis for testing the validity of service of summons through e-mail, its validity depending on the factual circumstances of the case. This has limited application, though, as it only covers extraterritorial service of summons.


However, with the continuous growth, use and influence of the Internet in our society, incorporating the manner of filing and service of pleadings, and other papers and the service of summons in our rules of procedure is greatly possible, if not, inevitable. In OCA Circular 12-2007, which required all the Justices and Judges of the Judiciary to submit their respective email addresses, our Supreme Court expressed its policy of total computerization of the Judiciary, in its plan to improve and upgrade judicial facilities as part of judicial reform. The policy enunciated in the circular is in line with the filing and service of process and other papers through e-mail. Certainly, therefore, rules on online filing and service of pleadings and processes may soon be codified in our remedial laws.

Balisi, Reody Anthony M.
2nd Entry

Sources:
http://pursuitmag.com/2008/12/service-of-process-via-facebook/
http://blog.internetcases.com/category/service-of-process/
http://pursuitmag.com/2009/01/service-of-process-via-email/

Too Much?

With the amount of information at their fingertips, had people begun to be more indecisive?

It seems that the more information is given to a person, the more confused one tends to be. A simple illustration: menus in restaurants are becoming thicker and thicker. It is standard now for a restaurant to carry 3-4 different kinds of soup, at least 5 appetizers, around 3 salad options, 4-5 dishes EACH for poultry, pork, beef, and seafood, and several options for desserts. And the thicker the menu in a restaurant is, the more difficult it is to choose. How many times have you asked the food server what was recommended, not just because it was hard to decipher which was the specialty, but because it was simply too tiring to scrutinize each item listed there? The same observation may be applied to other decision-making processes, such as choosing a celphone, or a hotel, or ketchup.

A huge amount of information is available to everyone. It is no longer just in law that ignorance is not excused. However, the problem facing everyone now is how to make use of these available information. I always told my marketing students, when I guide them through their market research exercises, that information gathering is the easiest part of the task. Filtering which information is relevant to their cause is the more challenging and important part, and ultimately, how they will make use of these information will make or break their marketing strategy.

Unless people are also equipped with the skill to make use of these information, all these are useless. They may even be detrimental as it encourages a culture of indecisiveness.

Danielle Rieza
2nd Entry

Online Campaigns

Now that election fever is about to set in, I am excited to see the possibilities that the internet can bring to political campaigns.

May 2010 is, perhaps, the first of many Philippine elections that will be using the internet as a main medium for political campaigns. If before the internet was merely one of the mediums a candidate can utilize in his campaign, today, the internet has become a necessary "place" or "area" to campaign in. The number of people that an online campaign can reach simply far exceeds the number a candidate can actually meet in a day. This realization has, in fact, brought a cyber aspect to one's political team, making the creation of a candidate's website or social media profile a necessity. Truth be told, the internet can now make or break a candidate.

Given the considerations above, I do not doubt that many politicians will abuse this medium. Thus, it will also be interesting to see how the state, through the COMELEC, will be able to control this type of campaigning. With the recent overturning of the Penera decision by the Supreme Court, I expect to see a lot of online campaigning by next week.


- Aaron Ho (2nd Entry)

Random Thoughts on the Maguindanao Massacre

As of writing, the victims of the Maguindanao Massacre total 52 civilians. Some of those who died are part of the Mangudadatu entourage to Shariff Aguak for the filing of Toto Mangudadatu’s Certificate of Candidacy. Some, however, were merely at the wrong place and time. The latest carnage is described as the worst election-related killings in Philippine history. Indeed, words are insufficient in construing the horrors and barbarity the victims faced in their last minutes. Perhaps, death is their final comfort.

The incident was an eye opener for most of us. A tragedy of this magnitude surely deserves the temporary cessation of our daily routines and a reflection of how this came to be. Several ideas come to my mind:

1) “My vote is precious. I am glad I registered.” – The long lines and unbearable heat. The ineffectiveness of COMELEC policies. The lack of competent and fit candidates. These may dissuade anyone from registering themselves as voters. It seems that some of us disregard the concept of suffrage as the fundamental right of every citizen. As our freedom is limited by the government, it is but proper for us to choose how we are governed by choosing our public officials. Not all, however, are as free and safe in exercising this right. The Maguindanao Massacre shows how the people may be shackled by fear and hence prevented from asserting their right to vote and be voted upon. Thus, in consideration of their plight, it is inexcusable for us not to be registered as voters.

2) “I may not understand the culture, but I understand violence.” – A debate has erupted in internet forums between those from Mindanao and Manila. The former contends that labeling the cause of incident as “Warlordism” is an over-simplification of the issues. They also added that people from Manila will never understand the situation in Mindanao. Thus, the placing of Maguindanao under “Manila command” will not change anything. In my opinion, “violence” is an international language that transcends any culture notwithstanding its diversity. The labeling of the situation as a consequence of “Warlordism” may be an over-simplification of the issue but it is by no means a reason for the non-interference of the national government to stop violence. After all, the existence of local governments relied on the official acts of the national government. Supervision of these provinces is mandated by law.

3) “Automation brings forth desperation.” – It can be surmised that the automation of the 2010 elections shall bring forth more election killings – more than the numbers we have encountered in the past. The curbing of electoral fraud through computerized registration and the uncertainty in manipulating the new voting system have pushed candidates to the depths of desperation. Since the option to rig the election through written ballots is no longer available, a more drastic move, such as the killing of another candidate’s supporters, may be employed to ensure election victory by unscrupulous and power-hungry politicians.

A Very Elvis Christmas

by Mona Barro (2nd entry)

Christmas is just around the corner. This gives me license to listen to Christmas carols whenever I want.

Elvis, the King of Rock 'n' Roll, died in 1977. That’s six years before Carrie Underwood, country music’s sweetheart and winner of American Idol Season 4, was born. Who would have thought that thirty-two (32) years after Elvis' death, Carrie would, by some technological miracle, be able to sing a Christmas duet with him?

The possibilities are, indeed, ENDLESS.

Second Entry: Of Impunity and the Internet

There are no words to describe how appalled I am of the Ampatuan massacre. As of the moment, the death toll is up to 57 persons. These helpless and defenseless victims were merely on their way to file the COC of Buluan Vice Mayor Esmael Mangudadatu, who is up against the powerful Ampatuan clan in pursuing the position of governor of Maguindanao. The victims were shot point-black. Women were raped and killed; one was even pregnant at that time. Several members of the media were not spared. Some of the bodies were mercilessly mutilated. The perpetrators, in an attempt to conceal this dastardly deed, buried some of the bodies in a mass grave, along with the vehicles involved in the convoy.

So what has this got to do with ICT, you ask? A lot.

First, I sincerely believe that this could have been avoided if the government exercised a little bit of foresight and ingenuity. The political environment down south is volatile. That is of public knowledge. If that be the case, then the government should have been creative enough to take advantage of technology in coming up with ways to ensure the safety of the candidates or measures to at least mitigate political harassment during election period. For instance, why not allow filing of certificate of candidacy by facsimile or email? If the government allows online passport applications or even the electronic filing and service of pleadings involving intracorporate controversies, why not extend the same privilege to the filing of certificate of candidacies?

Second and probably the most important concerns the flow of information. According to Ted Failon in TV Patrol, as early as Monday (the day when the massacre happened), Boto Mo, I-Patrol Mo have been receiving tips via e-mail and text messages that a kidnapping incident occurred in Maguindanao, as well as some hints on the probable participation of the Ampatuans. Esmael Mangudadatu’s wife was able to make a phone call and send a text message that the convoy was blocked by men of the Ampatuans. Because of the anonymity and security it provides, the internet has been an effective tool for critiques, concerned citizens and protesters to voice out their condemnation of the act. Perhaps, soon eyewitnesses can utilize the wonders of this technology. In fact, a witness already surfaced and narrated on the supposed orders of Ampatuan Jr to exterminate the Mangudadatu clan. The article which was originally posted in the Al-Jazeera news website is now circulating in the web.

And despite this continuous flow of information to serve as probable cause for an arrest, it remains a mystery why it took so long for the government to act on this matter. And mind you, the suspected perpetrator surrendered to the government. It is not as if the government actively pursued the suspect. All the resources and information are already made available by the internet and tri-media. If only the government has the political will to go against a long-time ally. It is actually ICT and not the government that oils the wheels of justice.

Of course, there are other compelling issues such as warlordism, political dynasties, private armies, and the like. But these topics are better written in another blog.

:)

(Sources: http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20091126-238426/Maguindanao-massacre-death-toll-climbs-to-57; http://technology.inquirer.net/infotech/infotech/view/20091125-238328/Last-phone-call-of-Mangudadatus-wife-crucial-in-prosecution; http://www.inquirer.net/; image from:http://english.people.com.cn/mediafile/200911/26/P200911260952002481297913.jpg)

Social Media Networks: Boon or Bane?

by Awi Mayuga
(second entry)

Ellen Simonetti, a flight attendant, was fired by her employer for posting allegedly inappropriate pictures on her personal blog. Courtney Love faces a libel suit for posting a derogatory remark about a fashion designer on her twitter page. On the homefront, Gina Alajar's facebook status update was pinpointed as the "confirmation" of the Manny Pacquiao-Krista Ranillo affair.

Nowadays, people run into trouble for posting seemingly innocuous messages online. Even if it's easier for an online author to remove the offending post by simply deleting it (as opposed to rectifying an item printed on a newspaper), the evidence for a possible lawsuit is still there, stored in the server of the blog host or social media network. This leads us to think that social media networks are the new evil medium of our society.

But they're not all that bad. In fact, a facebook status update has saved an accused from serving sentence for a crime he did not commit.

Perhaps it's the accessibility and ease of use that tempt us to post our every waking thought, not pausing to think if we have our facts straight. But with every communication tool, it's not the tool per se that's bad, but how we use it. We really shouldn't go about posting our every move and our every thought online, especially in the heat of the moment.

Now excuse me as I need to update my twitter page that I've concluded my ICT blog entry for the week.

Fearless Forecast

by Melissa Sicat (2nd entry)

*Note: This entry is inspired by the movies 2012 and The Land Before Time

Extinction - the end of an organism or a group of taxa. The moment of extinction is generally considered to be the death of the last individual of that species. The largest mass extinction to have affected life on earth led to the demise of the dinosaurs and coincided with a large meteorite impact. This is called the Cretacious-Tertiary extinction event. This happened more than 500 million years ago.

Fast forward to 2009. With the onslaught of technological innovations, what seemed like the hottest gadgets just decades ago have already become obsolete (read: casette tapes, family computers, television without remote controls, floppy diskettes). In the working world, most manual jobs are already being done (especially in highly industrialized countries) by machines and even robots. With the rate of speed our technology is developing, a different form of mass extinction is again about to happen. Hence, this fearless forecast. In the next century, the following creatures will become extinct :

1. Teachers -Who needs to go to the campus when distance learning is fast becoming the trend? Class lectures, recitations and homeworks will be replaced by lesson modules and online discussions.

2. Stockbrokers, mailmen, insurance and real estate agents - who needs middlemen when one can communicate with another person from the other side of the globe using the internet?

3. Bank tellers - since a bank teller only performs the basics of financial tasks, computers and technology may make the need for tellers obsolete. Through online banking, one can transfer balance, inquire on bank account information, etc. The ubiquitous ATM has made cash withdrawals a lot simpler. Also, with the onslaught of easy-payment machines, important transactions can be accomplished by just pressing the right buttons.

4. Film processor - Who needs film when digital cameras thrive everywhere. Through digital technology, one can upload, send and even photoshop their favorite pictures.

5. CD/ Records Store manager - Since everybody will download from Limewire, Kazaa and other P2P downloading sites!

6. Publishers -will be extinct after the extinction of the printing press. We will run out of forest trees, hence paper will be scarce. Newspapers and Magazines will make the switch to digital paper. Ebooks will abound.

7. Housekeepers - technology will produce self-cleaning homes, self-motivated vacuums, washing machines and the like.

8. Orthodontists - a new 3-D simulation program which produces disposable clear-plastic aligners to shift teeth into its correct position is already in clinical trials. Expect this technology to spread worldwide in the future.

9. Drivers - all vehicles will be self-driven. Vehicles will travel bumper to bumper at the fastest speed.

10. Factory workers - will be replaced by robots

If science and techology can create a lot of new jobs, it could also eradicate already existing ones. The list of extinct jobs will go on infinitely. Hence, our labor laws may need to be fine tuned, if not completely overhauled as newly created jobs may entail new minimum work conditions. We may reach a point in time when labor will be dispensable, hence labor laws may also be a thing of the past (or history reading, perhaps). Are we ready for the future?

Sources: Wikipedia.com, Time Magazine

El Clásico

by desmayoralgo (entry #2)

PIERRE-PHILIPPE MARCOU/AFP/Getty Images

I kiss football. I'm crazy addicted to it. The Premier League, La Liga, Serie A. Liverpool, Valencia, AC Milan. Torres, Villa, Gattuso. And the best part: The clash of blue and red against white and black. Barcelona v. Real Madrid. El Clásico. Count four days and the biggest football game of this half of the year is going to be played at Camp Nou. The bad news? You won't get to see it.

If you haven't heard of real-time multimedia streaming.

When cable television fails, multimedia streaming becomes the Gift of the Universe. How does it work? Media is "presented" (through audio or video playback) to an end-user while being "hosted" or delivered by a streaming provider. It differs from other forms of media sharing (i.e. downloading) in that multimedia streaming begins playing after a small amount is received, and the data is not permanently stored in the destination computer. But is it illegal? Only if you access copyrighted videos from providers that do not secure the consent of the video creator.

This is where the business solution comes in. There is a demand for it, make people pay. Though I haven't actually paid to watch games, there was this time about a year ago when I was deperate to watch the Euros. A friend offered me his account with the tournament's official media partner, and I watched games for free. (Well. He paid, and I watched it for free.) Good deal, right?

We talk about how media is pervasive but we fail to see how some don't reach the audiences that demand for it. Multimedia streaming fixes this glitch. So when Sergio Ramos makes a tackle and Cristiano Ronaldo scores a goal Monday night, I'll be watching. (And so should you.) VAMOS, GALACTICOS!

Too bad the Nobel Prize winner isn’t determined by online voting

Was it Karl Marx who said something like, “he who holds the capital holds the power?” I’m not sure. My recollection of political theory is a bit hazy. What I do know is that today, he who can gather the most number of online votes is the winner.

On that note, although this may be five days too late, I say congratulations to Efren Peñaflorida for winning the CNN Hero of the Year. He started the “pushcart” classroom to provide literacy and life opportunities to potential, would-be gang members.

Aside from a really outstanding advocacy, I think that a good number of Filipino online votes were responsible for catapulting him into fame. I’m thinking the same is true when the Philippines won as Miss Photogenic in the Miss Universe a couple of times.

Now I wonder where else this “skill”—if you would like to call it that—of being able deliver a strong collective Filipino online vote could be put to good use. I’m thinking in the lines of determining policy issues, or of the possibility of a more active participation in legislation. Any thoughts?

On a different note, vote for your fellow Filipina in her quest to become the Best Oprah Show Musical Performer of 2009!

Too bad the Nobel Prize winner isn’t determined by online voting.

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Second Entry: Ralph Vincent Catedral
Photo Credit: Daily World Buzz

Pirated New Moon, anyone?

by: Carol Deang (2nd entry)

Have you watched New Moon already? Several announcements are being made saying that screening of this hyped-up teen flick in Metro Manila will be non-extendible due to the Manila Film Festival set on December 25.

Don’t fret though. If you really want to watch this flick (and ogle at all the shirtless scenes of the werewolves), but has no time to do so nor the money to spare for cinema, I’m pretty sure that pirated DiBidi’s are already out and about flea markets such as in Quiapo, Greenhills, Metrowalk or even in Philcoa.

That’s just the way it is here in Pinas. Piracy is everywhere and it’s a thriving business. It’s not hard to understand why. In a third-world country where people don’t even have enough money to buy decent meals, buying original copies of DVD’s is just plain ridiculous, isn’t it? I for one admit to buying all those pirated movies because the original is just too expensive. And when there is a cheaper and decent alternative, Pinoys will readily go for that; more so when such cheap alternatives are shamelessly accessible for all to buy.

A study conducted by the US Trade Representative (USTR) and the International Intellectual Property Alliance (IIPA) which includes American organizations that count publishers, business software producers, motion picture firms and music companies as members, the Philippines has done little to improve anti-piracy efforts to merit removal from the US Special Priority Watchlist over the years.

But the two groups conceded that there is hope for the flowers.

IP Philippines had progressed in plans to put up special IP courts to hasten trials and that seizures of fake goods increased. Proposed rules for handling IP cases were presented to the Supreme Court last month. How about setting up a reward system?

As aptly stated by the IIPA, “Only time will tell whether IP courts can be successfully established to achieve greater effectiveness in IP rights enforcement.”

Good luck to that. While respect for the intellectual property rights is central to economic growth, we also have to understand that consumers should be offered more flexible, hassle-free, legitimate and hopefully cheaper alternatives to enjoy their favorite movies (such as New Moon, for example??) through new and innovative technologies.

Source: Business World article: Groups claim minimal gains made in RP anti-piracy effort by Jessica Anne D. Hermosa. November 24, 2009.

1stphoto: www.chinaexpat.com/files/u1/pirated.jpg,

2nd photo: http://worldofstuart.excellentcontent.com/antipiracy.htm