gaveltrekkers

“lonelygirl15: Blair Witch Project Part 2?” The use of the Internet in the Movie Industry

2006-09-12T00:34:00.000-07:00

Several years back, the success of the movie “Blair Witch Project” was credited to the brilliant hype created by sites and links feeded by its movie creators in the internet. The movie was a success because moviegoers thought that the film was based on the true story of four kids who decided to do a research on the so-called “Blair Witch”.
Now, this same stratagem is believed to be being utilized to build hype on a movie sought to be released in 2007. Unlike the articles used to promote the Blair Witch, a series of video blogs is created this time to build hype on a movie which allegedly stars the same people. The video blog, popularly known as lonelygirl15, can be watched in myspace and youtube. Lonelygurl15 is a typical teenager from the US. Her “real name” is Bree. And in her entries she talks about her life, her family and about her friend Daniel.
People started speculating whether or not lonelygirl15 is a real person or just a character in the web. But still, her blogs are most watched. She started posting her blogs just last month, but know she has at least 5,000 friends already. The “creators” of lonelygirl15, however, confessed that Bree and her friend Daniel are just fictional characters. However, this does not stop people from being fascinated by her entries.
Now, the question. Why do film creators resort to this type of promotion? Well, because it is effective and way cheaper. Internet is such a powerful tool in disseminating information. One just has to post what he wants the world to know and the net surfers would do the rest. It worked for “Blair Witch Project”, did it not?
I learned of lonelygurl15 just a few days after the confession was made. But still, even though it was so obvious that the characters were not real, I got hooked watching lonelygirl15’s well-crafted video blogs. And to be honest, if ever there is a movie that would come out based on these blogs, there is a big chance that I would go out and watch it.

for more of lonelygirl15 check out the following sites:
www.myspace.com/lonelygirl15
www.youtube.com/user/lonelygirl15
en.wikipedia.org/wiki/Lonelygirl15

PROFILER: THE BLOGGER’S EDITION

2006-09-06T02:32:00.001-07:00

If not for anything else, the blog mania generated by the movie SoAP gave us a glimpse of the untapped potential of the BLOG in market-focused advertising. Like the giant bill boards that distract motorists in EDSA or the 30 second ads in gargantuan TV billboards also along EDSA, blog sites are slowly becoming advertising’s next arena.

Advertising via the blog can take multifarious forms. For instance, several of the more popular blog sites have resorted to selling ad space within their blogs. The more avant garde businessmen on the other hand, get people to talk or more properly write about their products [or as in the case of SoAP, their movie]. The latter is of course, more cost effective albeit with its own drawbacks.

Blogs by its very nature are uncensored. It gives every blogger the freedom to post whatever content or material he or she may wish to “share.” [Although, we have yet to encounter sites that are particularly offensive!] This is the reality the advertiser must be ready to contend with. Or, in some instances even fight against. Indeed, in as much as people are free to rave about their most recent cheap finds, their latest beauty aid discoveries or the new Woody Allen movie, the rest of the blogger population are also free to disagree. And since bloggers are more often than not outspoken about what they feel or what they don’t feel -expect them to blog away with their disagreement. Indeed, a perfunctory perusal of blog sites would tend to reveal an almost equipose amount of rants and raves about a certain product.

Indeed as blog users from all over the world have grown exponentially over the past years, we think they now merit to be treated as a separate demographic unit. And, like any other demographic unit, the economical value of the blogger market depends on careful and accurate profiling. The ad congress tagline from several years back now come to mind: KNOW YOUR MARKET.

Advertisers should really invest in profiling the basic blogger’s persona. We think all will agree that blogging is not really for every tom, dick or harry. Perforce, it is not wise to advertise just any product via the blog site. Just imagine tennis shoe advertisements on your favorite golf magazines.

[BLOGGER’s BLACK MAIL: A particularly deranged friend once thought about writing companies. In a nutshell, his e-mail was Advertise on my blog or i’ll write really nasty things about your product. Now that’s entrepeneurship.]

Anarchy in the Web?

2006-09-06T02:27:00.000-07:00

There is a great call for internet governance (IG), that which would govern all stuff related to the World Wide Web, from the language to be used, to how the internet itself is being used, down to the repercussions for the use, or misuse, of the internet. Theoretically, internet governance is to be established thru a collective action by governments and private sectors. However, in reality it is hard to come up with one set of rules to govern the internet.
First of all, the definition of internet governance is still a debated topic among sectors who wish to establish rules applying to global internetworking activities. Some countries prefer that the definition be limited, while some countries are pushing for a broader coverage of internet governance.
Internet is transnational as it goes beyond borders. That is why IG is sought to be applicable in all jurisdictions. However, in establishing this common set of rules, policies and standards, the level of participation of different countries and various sectors may be put into issue. For one, not all countries are at par in terms with technological development, thus, in conventions held to establish IG, the participation of these technologically backward states is so minimal, it comes close to nil.
Problem, also, is evident as internet users have different principles regarding the use of the net. Some are actively campaigning that the net be restrictive and closely governed. While some, like the open-source communities, are not keen on the control some sectors wish to establish. The same goes among countries. Because of the gaps between the levels of technology of different countries, their interest and motives also varies. First world countries, who are so technologically advanced, want a more control-driven set of policies, while the third world countries, the technology adapters, would want a more liberal form of governance.
These issues, among many others, impede the establishment of Internet Governance. Because of the lack of governance, problems related to the net permeate the World Wide Web. Without proper rules to govern the use of the net, problems on intellectual property and e-commerce, and cyber crimes hound the internet communities. The problem, however, is not just establishing a common set of rules in the briefest period of time. The issue is how we could come up with a common set of rules that would govern the internet and would protect the interest of all countries, private sectors, and individuals.

Thank you for calling, how may I help you? The Philippines and the Call Center Industry

2006-08-15T20:27:00.000-07:00

Four years ago, after my not-so confident boosting interview with the Admissions Committee of the UP College of Law, a friend tried to widen my horizons and asked me to accompany her to her interviews with several call center companies. There and then, as I walked the streets of Makati and entered the buzzing and bustling offices of Etelecare and Sykes, I realized that call center is a growing industry in the Philippines.

Fearing that my future in the “law industry” is doomed, I tried to learn more about the call center industry. I learned that it is a service-oriented industry which started in the late-nineties. It caters to overseas based companies and basically provides assistance to the clients of these foreign companies. I also learned that the Philippines has a comparative advantage in this industry. We are an English-speaking nation and our labor is cheap!!! Thus, in a span of almost 10 years, almost 100 call center companies, known and unknown, have been established in the country. This industry has become so pervasive that almost every Filipino knows someone who is an agent, a team leader, an opsman, a QA, and even an HR recruiter from a call center company.

The call center industry is an immediate solution to the high unemployment ratio in the country. Because of this industry, college students need not fear of what is to happen to them after they graduate. Most fresh graduates choose to become call center agents (or customer service representatives, in their lingoJ) instead of bumming out while waiting for jobs related to their respective degrees. More importantly, this industry provides a lucrative employment to the country’s youth, and quite surprising, our “seasoned” workers.

However, because of the unique nature of call centers, there seems to be a growing discourse on whether our laws can provide sufficient protection to our call center workers, security of tenure being the #1 concern. From the time a person is hired and subjected to training until he becomes a regular employee, a persons’ termination is almost always imminent. A person can be reprimanded, suspended, or terminated on various grounds, worth mentioning is the seemingly all-catch provision of “low quality scores”. This ground is subjective as it is the “quality assurance personnel” which unilaterally determines the standard to be maintained by the agent. Worse, because of the vast number of employees, not everybody is subjected to these standards as the quality assurance uses a random method. Meaning they arbitrarily select which calls they would listen on and, in effect, also arbitrarily monitor the performance of the agents. Also, the lives of the call center companies are dependent on the accounts (client companies) they handle. Without the companies in need of the service provided by call center companies, there would be no jobs for the people. Thus, even if agents become regularized in their works, if the account they are involved in no longer wants the service of call center, they would be put out of job just like that.

Four years later, I am now a graduating law student. My friend is now a team leader in the call center company she works for. I’ve know a lot of people who have decided to leave their profession to join the call center industry. But I also know a lot who left the call center industry to look for another career. But one thing is for sure, the customer service industry is here to stay for a longer period of time.

Nasaan si SHAIDER? [‘d original pulis pangkalawakan!]

2006-08-15T06:11:00.000-07:00

The internet being a place, which is neither here nor there, presents novel and riveting problems in law enforcement. With the avowed policy of the government for our country to become a critical player in cyber space related businesses and concerns, the need to be at the forefront of cyber space law enforcement, is now more urgent. Much like tourists refusing to visit regions in our country notorious for kidnappings and rebel initiated conflicts, users of cyber space will definitely shy away from areas where they know [or at least perceive that such is the case] that their business or transaction is not secured.

Policing the internet dimension requires the training of competent cyber cops [Our modern day SHAIDER.] who are well versed and knowledgeable in the intricacies of computers and cyber space. The lightning fast pace with which technology turns over, further complicates this need. In the field of data protection for instance, what was cutting-edge last week may be obsolete in another week or two.

Indeed, the cyber cop’s job is akin to SHAIDER being plunged in the time-space warp. Normal sleuthing techniques and the trusted .45 caliber gun will simply not suffice. The cyber cop must continually upgrade his implements -his weapons of war.

Cyber space law enforcement would likewise be toothless without uniform laws in place. Penal laws against cyber crimes should be uniformly applicable regardless of where the perpetrator physically accesses the internet. A situation which is otherwise would lead to absurdity and inequity. Our cyber laws must be cognizant of the time-space warp identity of cyber space. Its reach must span the entire breadth of the internet and transcend traditional territorial boundaries.

Cyber space has added a new facet to crime. It is now possible to commit crime on a global scale from the comfort of one’s own room. A virus uploaded to the net in country X, can quickly cause damage to data in countries A, B and C. The inequity arises where for instance, there is no law in country X that penalizes a cyber crime. Here countries A, B and C are left with no recourse against the perpetrator. This was exactly the situation when the love bug virus was introduced. Hence a cyber criminal need only look for a country without cyber laws or those where penalties are lax and wreak havoc from there.

A uniform law governing cyber space would abolish safe havens for perpetrators of internet crimes. This would help lessen the incidence of crimes committed in cyber space.

The FAIR USE PLUNGE

2006-08-01T19:57:00.000-07:00

The FAIR USE PLUNGE:
Navigating the Information Super-Highway in an Uncertain Regime of Copyright Protection

One of the more engaging topics on a course in Intellectual Property Rights is that which involves the application of the FAIR USE PRINCIPLE in the protection of intellectual property rights.

As applied to more traditional medium such as printed materials, artworks, music and video, the principle of FAIR USE remains vague owing to the susceptibility of the FOUR FACTOR TEST to varied interpretations. Thus, it is possible for two judges to come-up with equally logical yet widely divergent conclusions as regards a single set of antecedent facts with respect to fair use.

FAIR USE is the ability to utilize the protected intellectual creation of another without need of prior permission from the latter and without need to pay royalties incident to such use. Corollarily, FAIR USE facilitates the exchange of information and knowledge by removing two important impediments to the use of an intellectual creation that are usually associated with ownership. The concept emerged as a tool in striking a balance between a creator’s property right and another’s right to use the creation under a regime that would encourage the growth of knowledge and intellectual creation. Thus, protecting the owner excessively would impede others from embarking in their own intellectual creations while not protecting them at all would necessarily discourage the creation of new works.

The ambiguity that shrouds the application of the FAIR USE PRINCIPLE is compounded a hundredfold as one weighs in the impact of the internet in the regime of Intellectual Property Rights. The internet is a very potent tool in facilitating the free exchange of ideas. This gargantuan potential of the internet coupled with the FAIR USE principle offers fertile grounds for new ideas and trail blaizing intellectual creations.

However, as adverted to earlier, intellectual creations must continue to be given a certain degree of protection less we stifle the growth this technology and the fair use principle set out to achieve in the first place.

FAIR USE distills intellectual creation because it does away with the need to seek the permission of an owner prior to the use of his creation. We think that the idea of doing away with the owners permission under the FAIR USE PRINCIPLE should be tempered. Dispensing with the owners permission was apt during the nascent years of intellectual property protection as it was impossible to communicate with creators on opposite sides of the hemisphere. This is not the case today. Technology affords individuals with cost-effective means to correspond to owners where ever they may be. Hence, permission of owners with regard to the fair use of their work may be achieved with relative ease and should become the rule rather than the exception.

Likewise, FAIR USE facilitates intellectual creation because it does away not only with the payment of royalties, but also because it brings down the cost of accessing an intellectual creation. This costs, may further be brought down with the use of electronic media as it provides more cost effective ways of transferring and sharing information.

Tax Situs under the E-Commerce Act: An Obiter?

2006-08-01T19:47:00.000-07:00

Section 23 of the ECA states that the rule on the place of dispatch and receipt of electronic data messages or electronic documents is equally applicable to determine the tax situs of certain transactions. Under the ECA, the place of dispatch or receipt is the place where the originator or addressee has his place of business. The same provision also provides that the parties can agree as to the places of dispatch and receipt. In essence, under the ECA the situs of tax may either be: (1) the place of business of both the originator and addressee; or (2) the place agreed upon by the parties

The National Internal Revenue Code also provide the tax situs rule on sale transaction. Under the NIRC, the situs rule depends on the nature of the thing sold. For the sale of real property, the situs is the location of the property. However, if the object of the sale is a personal property, several factors are considered: (1) the place where the product was produced or where it was purchased; and (2) the place where it was sold.

The source rules provided in the ECA and the NIRC vary at great lengths. The E-Commerce Act pays attention to the location, and even the will, of the parties while the NIRC gives importance on the property subject of the transaction.

The rule under the NIRC is premised on the principle that the source of income, that which is actually being taxed, relates not to the physical sourcing of a flow of money but rather to the “property, activity or service, which produced the income”. The ECA seem to have overlooked this principle. Because of the ECA, the situs rule under the Tax Code is undermined by a mere change in the mode used in the transaction.

It should be noted that the ECA was based primarily on the UNCITRAL Model Law on Electronic Commerce. Too, the UNCITRAL provides a rule on the place of dispatch and receipt. However, UNCITRAL did not provide that this rule is also to govern the tax situs of electronic commercial transactions. This is because the purpose of this rule is simply to reflect the fact that the parties in an electronic commercial transaction may communicate through electronic systems without knowing the location of such. Moreover, the location of these systems may change without the parties knowing. The rule on the time and place of dispatch under the Model Law was also recognizes that in many existing laws, it is important to ascertain the time and place of receipt of information.

Under our Tax Code, the place of the contract or the place where the parties hold their principal place of business are not essential, in fact irrelevant, in determining the tax situs. Rather, our Tax Code gives weight on where the “taxable activity” occurs. This principle should not be ignored just because the transaction was made through the internet. Our laws on tax is sufficient and is equally applicable to all kinds of sale, whether made personally or over the internet.
Dangerous is the provision that parties may agree on the place of the dispatch and receipt. If applied in determining the tax situs, parties may avoid paying tax in a certain jurisdiction by just stipulating a different place. This would, in effect, deprive the government of the tax it is supposed to collect. This is an inequitable situation, specially if under the NIRC it is easily ascertained that the transaction is within the jurisdiction of the state. It should be remembered that taxes are the lifeblood of the government. Hence, the legislation should be cautious of the law it enacts. It must ensure that the laws it passes protect the interest of the government and not provide avenues for people to circumvent well-settled rules and principles.

Basta sa VOIP, posible!!!

2006-07-11T20:23:00.000-07:00

With VOIP, anything is possible.

..everyday, a grandmother from Leyte gets to see her newborn apo from Chicago ... while doing a pleading due the next day, a UP Law student is able to talk to her friends from Germany ... a company gets to hold a conference with all of its branch managers from different parts of the world ... Lucky gets to kiss his girlfriend from Paris while hanging out in a restaurant's alfresco somewhere in the streets of Makati ... for only 20 pesos an hour, a Filipino family gets to talk to their OFW dad straight from Saudi ...

with VOIP, anything is possible.

... a young boy from London gets to talk to a psycopath from across the continent, while researching for his homework in history ... a UP student is unable to connect to the Registrar's office because UP's VOIP services does not work during power outages ... the Pentagon is able to hear and record the conversation through Yahoo! Voice of two 12-year olds from South Korea ...

With VOIP, anything is possible.

VOIP, or Voice Over Internet Protocol, is instrumental in bringing people from different parts of the world together. it is convenient and more economical. it is not just limited to voice and it is faster. However, everything has a price. in all the advantages, there lie the disadvantages. the internet remains to be unregulated and because VOIP relies massivley on internet connections, many unscrupulous personalities are lurking around hoping to snag an innocent victim. VOIP, being a relatively new technology is not immune to glitches and malfunctions. Too, VOIP-based conversations are feared to be easier tapped than traditional telephone-based conversations. The risk of people listening in our most private conversaitons is undeniably high.

indeed, with VOIP, anythingis possible. Now the question is, will we allow all these possibilities to happen?

hhhhmmmmm ...

IT’S A SMALL WORLD AFTER ALL…

2006-07-04T08:09:00.000-07:00

Balancing the need for Uniformity in Laws for e-commerce and the uniquely Filipino business practices.

Several years back, armed with my very first i-pod music player, I learned one of the drawbacks of living in our beloved country: ONE CANNOT BUY MUSIC ONLINE FROM THE PHILIPPINES!

This experience encapsulates for me, the real need for the entire community of cyberspace tenants to come up with a system that guarantees the stability of electronic commerce. The bottom line seems simple. Taking into account that our domestic law on e-commerce and the UNCITRAL model code were drafted precisely to provide a predictable legal framework for users of cyberspace, a uniform application and interpretation of an e-commerce law will indeed help in encouraging people to put more trust in the use of cyberspace. After all, there seems to be very little sense in delineating borders in a community that was precisely envisioned to be free from borders, to be neither here nor there.

But uniformity in the interpretation of e-commerce laws, even when domestic laws specifically provide that due regard will be given to its international sources is more ideal that it is real. Our law provides that recognition of the international roots of the law and the underlying need to promote uniformity, while being the general rule, is subject to exceptions that may be provided for by congress. In sum, while those interpreting and enforcing the law are compelled to acknowledge the international origins and character of e-commerce laws, policymakers may still create exceptions because of the law’s “unless otherwise provided for” proviso.

Indeed the proviso is a giant step backward from the goal of uniformity, but to my mind it is a necessary and important step backward.

It bears stressing that even though cyberspace transcends our traditional national borders, enforcing obligations perfected through the information super-highway requires that we leave our cyber-houses and seek redress in enforcement and judicial systems still constrained by territoriality and nationality issues.

The UNCITRAL model code’s provision calling for an international policy towards uniformity in the application of domestic laws for e-commerce places these laws into a pseudo-realm somewhat akin to International Law. It calls on the application of a principle across borders by agreement of the community of nations where enforcement may only be achieved though the community’s acquiescence.

Taking our lead from our experiences in the conduct of international treaty relations, the country should not be naïve of the reality that there is great potential for the policy of uniformity to become First World biased. Likewise, we must always bear in mind that even in the conduct of trade, our culture and our particular environment conspire to brew a particular brand of e-commerce that is uniquely Filipino.

While we see nothing wrong with the basic idea of achieving uniformity in the application of e-commerce law, we feel that the government should be more pro-active in ensuring that this uniformity once achieved will not be prejudicial to our citizen’s interest.

Let this not be another lopsided treaty or agreement grossly disadvantageous to our country.

WRITING IN THIN AIR: Original documents under the E-Commerce Act

2006-06-26T23:02:00.000-07:00

In law, the original of a document takes paramount importance in determining rights and obligations. Although our legal system traces the perfection of a contract to the meeting of the minds of the parties therein, a written memorandum of such "meeting" would have to evidence this ethereal powwow. And, as our rules on evidence put it, the general rule is that "when the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document."

For many years original documents have always been inscribed in paper. However, with the advent of more sophisticated and efficient ways of storing information, the need arose to redefine the concept with which we understand the term original document under the E-Commerce Act

Physical Documents v. Intangible Documents

The concepts of "original documents" and "electronic documents" may seem irreconcilable because of our traditional notions of what documents are. To lay men, documents are the pieces of paper stashed away in our file cabinets containing important information on our properties, our status, etc. Even some dictionaries define this word in its physical context, an instrument on which is recorded, by means of letter, figures or marks, the original , official or legal form of something, which may be evidentially used.

The E-Commerce Act broadens this definition by referring to electronic documents.Under this Act, electronic documents refer to information, data, figures, symbols or other modes of written expression, which is received, recorded, transmitted, stored, processed, received or produced electronically.

However, as pointed out in an article, there is really no difference between physical document and electronic document. What is essential is the information contained in the documents and not the material or medium in which the information is stored or contained. Thus, under this notion, documents are documents whether they are written in paper or stored in our CPUs. ( http://sync.ph/lawnormoscode/wpcontent/upload/Philippine%20law%20on%20electronic%20documents%20by%20bong%20dizon.pdf )

Redefining the Original
Thus, since our definition of documents is no longer confined to the paper-based view, a new standard must be in placed to determine when a document is original. The standards envisioned by the UNCITRAL Model Law on Electronic Commerce is the same standards incorporated in our E-Commerce Act. Sec 10 of the ECA gives emphasis on documents being unaltered. This means that a document regardless of form, may be considered an "original" if it can be shown that such has maintained its integrity throughout the data generation and storing process. Likewise, the law accentuates the weight of the reliability of documents. Impliedly, the law requires the creation of a system wherein data storage service providers, whose sole charge is to keep documents unaltered, are regulated and monitored.

Intangible as they may seem, electronic documents can serve the very function that its paper counterpart serve. With the standards set in the law, people entering into electronic transactions can thus be assured that this transactions are not written in thin air!

2006-06-26T02:38:00.000-07:00

somewhere i have never travelled ...

2006-06-21T19:57:00.000-07:00

somewhere i have never travelled, gladly
beyond any experience...
with apologies to e.e. cummings

We emulate Rizal.[Or at least we try.] Back in college our professors explained that the reason why Jose Rizal had more than his share of photographs was because, like many great men ahead of their time, our national hero took a keen interest in developments in technology.

What was photography to Rizal is now cyber law to us. As three years of law school slowly dulled our cyber-iqs, we are now back. Eager to learn and explore, what is to us, a new frontier. As gavel trekkers we invite to this blog spot as it chronicles our adventures and misadventures while we learn about the information super highway, cyber technology policies and the law..

And now a little techie profile:

Kathy has three e-mail accounts and is a member of several e-groups. She has, on several occasions, used the internet to buy original “Hello Kitty” merchandise. Kathy has a friendster account that she hardly ever checks and up until last week, has never ever tried to create a blog account.

ja'pee uses two official e-mail accounts and several others for chatting “anonymously” over the internet. He uses the internet mainly to download music, check the latest Nokia phone models and play network games. His friendster account is almost 2 years old and up until last week, has never even visited anyone’s [including his friend’s] blog sites