DRM in the Philippines?

Has Philippine Senator Edgardo Angara become a proponent of Digital Restrictions Management (DRM, also deceptively called Digital “Rights” Management by its proponents)?

Last July 3, 2007, the Senator filed “AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293 OR THE “THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES” AND FOR OTHER PURPOSES”, also known as Senate Bill 880. The bill’s short title, “AMENDING R.A. NO. 8293, TO INCLUDE INTERNET PIRACY”, can give you an idea of its general purpose.

For much of the bill, the focus is on minor changes to existing laws on copyright enforcement, fair use, personal importation of copyrighted works, registration of copy right, copyright infringement, and related procedural matters. In the beginning and at the end of the bill, however, definitions and measures are introduced which give legal protection to DRM techniques by prohibiting ways to circumvent them.

At the beginning of Bill 880, the terms “effective technological measure” and “rights management information” are defined as follows:

SECTION 229A TECHNOLOGICAL PROTECTION MEASURES

“EFFECTIVE TECHNOLOGICAL MEASURE” MEANS ANY TECHNOLOGY, DEVICE OR COMPONENT THAT, IN THE NORMAL COURSE OF ITS OPERATIO N, 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 RIGH TS MANAGEMENT INFORMATION TO COPIES OF IT OR TO CAUSE RIGHTS MANAGEMENT INFORMATION TO APPEAR IN CONNECTION WITH A COMMUNICATION OF THE WORK, SOUND RECORD ING 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 MANAGEMENTINFORMATION 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.

It is truly ironic that as other countries may soon begin reforming their intellectual property laws to limit or eradicate the more restrictive forms of DRM in response to protests from consumers, the Philippines is going backwards as Bill 880 may actually enshrine DRM into Philippine law!

Bill 880 has been pending in a Senate Committee since September 9, 2007. Will it become law? I think that will depend on whether effective opposition to it can be mobilized.

Do you want to give Senator Angara a piece of your mind? Why not write him, contact the media, or blog about it?

Resources

• Bill 880 (in PDF) can be downloaded at: http://www.senate.gov.ph/lis/bill_res.aspx?congress=14&q=SBN-880.

• The Philippine Senate also released an announcement on Bill 880:
  “Angara calls for safeguards against Internet piracy.”