Senator Ed Angara passed Bill 880: “AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293 OR THE “THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES†AND FOR OTHER PURPOSES†(the bill’s short title: “AMENDING R.A. NO. 8293, TO INCLUDE INTERNET PIRACYâ€).
The bill mostly changes some minor laws about copyright laws, fair use, personal importation of copyrighted works, registration of copyright, copyright infringement, and related procedural matters. Infoweapons writes that Bill 880, however, also introduces new concepts and a new chapter, numbered XXI, which gives legal protection to DRM measures and prohibits means to circumvent them. DRM seems to be effectively included in the bill with the following definitions stated at the beginning of Bill 880:
171.12 “EFFECTIVE TECHNOLOGICAL MEASURE†MEANS ANY TECHNOLOGY, DEVICE OR COMPONENT THAT, IN THE NORMAL COURSE OF ITS OPERATION, CONTROLS ACCESS TO A PROTECTED WORK, SOUND RECORDING, OR OTHER SUBJECT MATTER, OR PROTECTS ANY COPYRIGHT OR ANY RIGHTS RELATED TO COPYRIGHT AS PROVIDED BY THIS ACT.
171.13 “RIGHTS MANAGEMENT INFORMATION†MEANS INFORMATION WHICH IDENTIFIES THE WORK, SOUND RECORDING OR PERFORMANCE; THE AUTHOR OF THE WORK, PRODUCER OF THE SOUND RECORDING OR PERFORMER OF THE PERFORMANCE; THE OWNER OF ANY RIGHT IN THE WORK, SOUND RECORDING OR PERFORMANCE; OR INFORMATION ABOUT THE TERMS AND CONDITIONS OF THE USE OF THE WORK, SOUND RECORDING OR PERFORMANCE; AND ANY NUMBERS OR CODES THAT REPRESENT SUCH INFORMATION, WHEN ANY OF THESE ITEMS IS ATTACHED TO A COPY OF THE SOUND RECORDING OR FIXATION OF WORK, PERFORMANCE OR APPEARS IN CONNECTION WITH THE COMMUNICATION TO THE PUBLIC OF A WORK, SOUND RECORDING OR PERFORMANCE. NOTHING IN THIS ACT REQUIRES THE OWNER OF ANY R IGHT IN THE WORK, SOUND RECORDING, OR PERFORMANCE TO ATTACH RIGHTS MANAGEMENT INFORMATION TO COPIES OF IT OR TO CAUSE RIGHTS MANAGEMENT INFORMATION TO APPEAR IN CONNECTION WITH A COMMUNICATION OF THE WORK, SOUND RECORDING OR PERFORMANCE TO THE PUBLIC.
Chapter XXI, on the other hand reads as follows:
CHAPTER XXI. TECHNOLOGICAL PROTECTION MEASURES AND RIGHTS MANAGEMENT INFORMATION
SECTION 229A TECHNOLOGICAL PROTECTION MEASURES
229A.1. ANY PERSON WHO DOES EITHER OF THE FOLLOWING SHALL BE GUILTY OF A CRIME, PUNISHABLE TO THE SAME EXTENT AS PROVIDED IN SECTION 217.1(B) OF THIS ACT FOR THE FIRST OFFENSE, AND TO THE SAME EXTENT AS PROVIDED IN SECTION 217.1(C) FOR THE SECOND OR SUBSEQUENT OFFENSE, AND SHALL ALSO BE LIABLE UPON THE SUIT OF ANY INJURED PARTY, TO A RELIEF, INCLUDING BUT NOT LIMITED TO, DAMAGES, INJUNCTION, IMPOUNDMENT, AND DESTRUCTION. THE REMEDIES PROVIDED IN SECTION 216 SHALL APPLY, MUTATIS MUTANDIS, TO VIOLATIONS OF THIS SECTION:
(a) KNOWINGLY, OR HAVING REASONABLE GROUNDS TO KNOW, CIRCUMVENTS WITHOUT AUTHORITY ANY EFFECTIVE TECHNOLOGICAL MEASURE;
(b) OR MANUFACTURES, IMPORTS, EXPORTS, THE PUBLIC, DISTRIBUTES, OFFERS TO PROVIDES, OR OTHERWISE TRAFFICS IN DEVICES, PRODUCTS OR COMPONENTS OR OFFERS TO THE PUBLIC OR PROVIDES SERVICES:
(i) THAT ARE PROMOTED, ADVERTISED OR MARKETED FOR THE PURPOSE OF CIRCUMVENTION OF ANY EFFECTIVE TECHNOLOGICAL MEASURE;
(ii) OR THAT HAVE ONLY A LIMITED COMMERCIALLY SIGNIFICANT PURPOSE OR USE OTHER THAN TO CIRCUMVENT ANY EFFECTIVE TECHNOLOGICAL MEASURE: OR
(iii) THAT ARE PRIMARILY DESIGNED, PRODUCED, ADAPTED OR PERFORMED FOR THE PURPOSE OF ENABLING OR FACILITATING THE CIRCUMVENTION OF ANY EFFECTIVE TECHNOLOGICAL MEASURE.
229A.2. THIS SECTION PROHIBITS CIRCUMVENTION OF TECHNOLOGICAL MEASURES, AND DOES NOT REQUIRE AN AFFIRMATIVE RESPONSE TO SUCH MEASURES. THIS SECTION DOES NOT REQUIRE THAT THE DESIGN OF, OR THE DESIGN AND SELECTION OF PARTS AND COMPONENTS FOR A CONSUMER ELECTRONICS, TELECOMMUNICATIONS OR COMPUTING PRODUCT PROVIDE FOR A RESPONSE TO ANY PARTICULAR TECHNOLOGICAL MEASURE. THIS PARAGRAPH DOES NOT PROVIDE A DEFENSE TO A CLAIM OF VIOLATION OF PARAGRAPH (1)(B).
229A.3. A VIOLATION OF THIS SECTION IS INDEPENDENT OF ANY INFRINGEMENT THAT MIGHT OCCUR UNDER THIS ACT.
SECTION 229B INTEGRITY OF RIGHTS MANAGEMENT INFORMATION
ANY PERSON WHO DOES EITHER BE FOLLOWING SHALL BE GUILTY OF A CRIME, PUNISHABLE TO THE SAME EXTENT AS PROVIDED IN SECTION 217.1 OF THIS ACT, AND SHALL ALSO BE LIABLE UPON THE SUIT OF ANY INJURED PARTY, TO RELIEF BY WAY OF DAMAGES, INJUNCTION, IMPOUNDMENT, DESTRUCTION OR OTHERWISE, AND THE REMEDIES PROVIDED IN SECTION 216 SHALL APPLY, MUTATIS MUTANDIS, TO VIOLATIONS OF THIS SECTION.
(a) KNOWINGLY AND WITHOUT AUTHORITY REMOVES ALTERS ANY ELECTRONIC RIGHTS OR MANAGEMENT INFORMATION FROM A COPY OF A WORK, SOUND RECORDING, OR FIXATION OF A PERFORMANCE, OR KNOWINGLY AND WITHOUT AUTHORITY DISTRIBUTES, IMPORTS FOR DISTRIBUTION, BROADCASTS, COMMUNICATES OR MAKES AVAILABLE TO THE PUBLIC COPIES OF WORKS, SOUND RECORDINGS, OR FIXATIONS OF PERFORMANCES FROM WHICH ELECTRONIC RIGHTS MANAGEMENT INFORMATION HAS BEEN REMOVED; OR
(b) ALTERS ELECTRONIC RIGHTS MANAGEMENT INFORMATION WITHOUT AUTHORITY, KNOWING OR (WITH RESPECT TO CIVIL REMEDIES) HAVING REASONABLE GROUNDS TO KNOW THAT SUCH ACTIVITY WILL ENABLE OR FACILITATE AN INFRINGEMENT OF ANY RIGHT PROTECTED UNDER THIS LAW.
More information on this bill is available here.
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