Asian Edition: A Conference on Media Piracy

_.--""--._

/ _ _ \

( (_\ /_) )

{ \._\ /\ /_./ }

/_"=-.}______{.-="_\

_ _.=("""")=._ _

(_'"_.-"`~~`"-._"'_)

{_" "_}

ASIAN EDITION: A Conference on Media Piracy and Intellectual Property in South East Asia Sponsored by the Goethe Institut, Manila, and the UP Film InstituteDate: November 24, 2006, 9:00 am – 5:00 pm, UP Film Institute, University of the Philippines, Diliman, CMC Auditorium, Plaridel Hall

9:00 – 9:30
Welcome remarks
Anne De Guzman, Director, UP Film Institute
Volker Avenmarg, Director, Goethe Institute, Manila

9:30 – 10:15
Keynote and Introduction- The United States of Piracy –
Introduction and Keynote
Dr. Tilman Baumgärtel, UP Film Institute

In this introduction to the conference, I will discuss piracy as one of the most prominent issues of the “digital millennium”. In an age, where all information that has been stored in digital form, can be transmitted globally and reproduced indefinitely, the pirates are taking this genuine property of digital data to its extreme. Global entertainment piracy is a complex issue with important economic, political, cultural and theoretical consequences. In my talk I will look at piracy as a social, cultural and economic phenomenon. And I will discuss piracy in relation to new concepts of addressing ownership of Intellectual Property, such as Creative Commons and Open Source.

10:15 – 12:00
Piracy and IP matters in the Philippines- A Clash of IP Cultures
Roberto Verzola, programmer and political activist, Manila

The copying of copyrighted or patented material without permission is often described in moral terms as an act of "stealing", "theft", "piracy", etc., implying that such act violates the accepted norms of morality of a society. The author argues that in many societies, those who copy without permission are simply acting according to the accepted norms of their own culture. The pressure, mostly from U.S. and Europe, on these societies to adopted strict IPR rules therefore an imposition of one culture over another. The author further suggests that cultures which considering copying a moral act are still widespread in many countries, including the United States. The nature of information, the author concludes, is in closer harmony with these cultures than cultures that impose strict IPR protection.-

Piracy and Collective Creativity: Creative Commons Philippines
JJ Disini, UP Law School

Digital issues on the Internet abound. Copyright owners fear that massive piracy on the Internet will erode their business and spell the end for the entertainment industry. On the other hand, there is an explosion of creativity on the Net from blogs to folksonomy to software production. In the face of these developments copyright law has had to compensate but whether it will be successful remains to be seen. In the meantime, the focus on stemming the tide of piracy has kept policymakers from focusing on the Net's ability to solve some of copyrights more pressing problems.

Open Forum
Repondent: Raul Pertiera, Asian Center, UP Diliman/ Ateneo, Manila

12:00 – 1:00
Lunch Break

1:00 – 2:30
Piracy and globalization - Free Culture!
Dr. Volker Grassmuck, Humboldt Universität, Berlin

Economics teaches that information is a public good. This theoretical fact comes to full bearing when information is set free from its physical carriers. The digital revolution has put the means of distribution of information goods into the reach of virtually everyone. Published digital information is ubiquitous and abundant.Looking at it from a public goods perspective, it is clear that in the digital age control and restriction are not feasible, at least not at a reasonable price to privacy and media-autonomy. The challenge then becomes to encourage creativity and foster solutions to the million Peso question: how to make money with free bits. The talk will focus on different approaches to this challenge. From the primary model inspiring the free culture movement that of free software, to the classical solution in economics literature and statistic practice, taxes. It will look at the rise of Nigerian Nollywood, now the third largest film industry after Hollywood and Bollywood, without any IP law enforcement, and at the grey economics of Baile Funk in Rio de Janeiro. It will retell how in France file sharing nearly became legal in exchange for a copyright flatrate and how Swedish Pirates on the high seas of the Internet are reclaiming the right to share.

- Piracy and Its Regulation: Filipino’s Historical Response to Globalization
Dr. Rolando B. Tolentino,
National University Singapore/ University of the Philippines Film Institute

The Philippines’ entry to globalization historically has always prefigured the pirates and its activity, piracy, as inimical to legitimate claims of participation in the world capitalism. This paper traces the historical response of Filipinos, specifically Muslims, in piracy. By being designated as pirates, Moros were emplaced in orientalist racial profiling of the “bad” colonial subject. The state’s creation of the image of the Moro-as-pirate remains integral in the marginalization of this religious ethnic group or the exacerbation of the “Moro/Mindanao” problem as integral in official nation-building. In more recent times, however, by pioneering media piracy in key cities in the country, Filipino Muslims were also excelling in their stereotypical role as their niche participation in Philippine capitalism. The attempt to regulate piracy, therefore, is also the nation-state’s attempt to regulate Moro identity and to expound on Filipino Muslim citizenship. My contention is that media piracy is a creative and critical response of Filipino Muslims that allow them to maneuver into the homogenizing cultural politics of the Philippine nation-state and neoliberal globalization.

Respondent: Tilman Baumgärtel

Open Forum

2:30 - 5:00
Piracy and the Arts - Piracy and digital arts
Cornelia Sollfrank, artist, Hamburg

Collecting societies as well as commercial owners of intellectual property rights often argue with artists being the victims of piracy. But it is time to rethink this image. A growing number of artists themselves uses pre-existing digital material to create new works, and the invention of new techniques of reworking and artistic appropriation constantly produces new aesthetics. And this puts artists in a different kind of trouble: Instead of suffering from piracy, they suffer from the copyright regime. Cornelia Sollfrank investigates the very diverse systems art and law and produces work right at the often absurd - interface of both: copyright law.

- Intellectual Property/Media Piracy and It's Permutations in the Arts
Raymond Red, film-maker, Manila

As an artist and filmmaker, the passion in creating is as intense as the need to protect our creation. We value and respect intellectual property rights, and yet it has been a long tradition in the arts itself to engage in a kind of "piracy" or re-use of artistic elements that one either "borrows", "appropriates", "revives", or even pay "homage" to. From traditional visual arts to print advertising, from experimental filmmaking to music videos and television commercials, purists and commercial artists practice the use and re-use of previous creations, the act of which borders on plagiarism, and yet defies the thin line that separates it as “appropriation" or even creating an "homage" to the original artists of the said borrowed creations. By presenting some examples of motion pictures and graphic works, I would attempt to define the true ideals behind such practices and to try to clarify the true intent of artists which would set them apart from the true pirates and thieves.-

Respondent: Fátima Lasay, artist, Manila

Open Forum

www.asian-edition.org

Pirate Bay's Response to Warner Brothers' Demand Letter

From: anakata
To: "Dorothy Sherman GrayZone, Inc."
Date: Thu, 09 Jun 2005 13:57:17 +0200
On Wed, 2005-06-08 at 15:35 -0400, Dorothy Sherman GrayZone, Inc. wrote:
> First Notice of Infringement and Declaration

"First Notice of Infringement"? Is that kind of like when I don't pay my
bills on time? "First notice", "Second notice", "Third notice", "WE KILL
YOU!", then a package with the sawed-off head of a pig?

> TO: THEPIRATEBAY.ORG
> Fredrik Neij
> PRQ
> Box 1206
> Stockholm 11479
> SE
> Phone: 46.707323819
> Fax: 46.707323819
> tiamo@prq.se
> info@prq.se

We already know our own postal address - you don't have to inform us of it.

> TO: TFR.ORG
> Tenhults Forenade Rollspelare
> Davidbagares gata 12
> Stockholm 11138
> SE
> Phone: 1.467047954
> tiamo@TFR.ORG
>
>
> REGARDING: http://thepiratebay.org/search.php?q=billy+corgan
>
> IMMEDIATELY REMOVE ALL UNRELEASED AND UNAUTHORIZED MATERIAL IN CONNECTION WITH BILLY CORGAN.

IMMEDIATELY STOP SCREAMING. You may also consider not using red, underlined HTML.

> IMMEDIATELY REMOVE ALL TORRENT FILES OF BILLY CORGAN's UNRELEASED
> MATERIAL PLANNED FOR RELEASE ON WARNER BROS. RECORDS, INC. THE
> FOLLOWING LINK AND ALL BILLY CORGAN DOWNLOADS MUST BE COMPLETELY
> REMOVED:
>
> http://thepiratebay.org/search.php?q=billy+corgan
> (see below)

Sorry, but I can't remove search.php - our users would get upset if TPB suddenly lacked a search function. The problem here seems to be that the material is unreleased? If that is the case, you can easily fix the problem by releasing it. We'll be more than glad to help you distribute it - free of charge! - to our users.

> WARNER BROS. RECORDS, INC.
>
> I, the undersigned, do solemnly and sincerely declare and CERTIFY
> UNDER PENALTY OF PERJURY that:
>
> 1. I am the owner or an agent authorized to act on behalf of the owner
> of certain intellectual property rights, said owner being named WARNER
> BROS. RECORDS, INC. ("IP Owner").
>
> 2. I have a good faith belief that the materials identified in the
> addendum attached hereto are not authorized by the above IP Owner, its
> agent, or the law and therefore infringe the IP Ownerÿs rights
> according to the laws of the (check all that apply):
>
> United States
> Australia
> Canada
> EUR
> France
> Germany
> Italy
> Japan
> Mexico
> Netherlands
> Russia
> Sweden
> United Kingdom
> All of the above X
>
> Please act expeditiously to remove or disable access to the material
> or items claimed to be infringing.

The material hosted on The Pirate Bay is (check all that apply):
Your copyrighted work
German scheisse-porn
Torrent files X

> 3. I may be contacted at:
>
> Printed Name: Dorothy Sherman
> Title: Consultant
> Company: Warner Bros. Records, Inc.
> Address: 3300 Warner Blvd.
> Burbank, CA 91505
> Attn: Susan Genco, Esq.
>
> Email (correspondence): GrayZone@rcn.com
> Telephone: 212 946-1718
>
>
> You should understand that this letter constitutes notice to you that
> the sale and/or other distribution of this product is unauthorized.
> This letter does not constitute a waiver of any right to recover damages incurred
> by virtue of any such unauthorized activities, and such rights as well as
> claims for other relief are expressly retained.

You should understand that your email and all further communication with
us will be published at http://thepiratebay.org/legal.php , and that we
will charge you for the web publishing and hosting services. Should I
send the invoice to your address above?

> Finally, notwithstanding our use of the required notice form, we
> believe that http://thepiratebay.org 's activities and services fall
> outside the scope of the Digital Millennium Copyright Act ("DMCA").
> Our use of this form, as required by law, is meant to facilitate
> http://thepiratebay.org 's removal of the infringing product listed
> above and is not meant to suggest or imply that
> http://thepiratebay.org 's activities and services are within the
> scope of the DMCA.

We are well aware of the fact that The Pirate Bay falls outside the scope of the DMCA - after all, the DMCA is a US-specific legislation, and TPB is hosted in the land of vikings, reindeers, Aurora Borealis and cute blonde girls.

> I make this declaration conscientiously, believing it to be true and correct, and in accordance with the laws of each of the countries listed above. I am aware and agree that the contents of this statement may be relied upon against me in any court or arbitration proceeding.

So it's OK with you if we bring legal action against you for
a) claiming that we host any infringing files, which we don't,
b) claiming that DMCA has any relation what so ever to the activites of the site, and
c) making my eyes bleed by writing in UPPERCASE, underlined, and red text?

> Fictionally,
>
> Dorothy Sherman
> Digital Signature: Verisign

I fixed the typo for you.

Euro English :)

The European Commission has just announced an agreement whereby English will
be the official languageof the European Union rather than German, which wasthe other possibility. As part of the negotiations, the British Government conceded that English spelling had some room for improvement and has accepted a 5- year phase-in planthat would become known as "Euro-English".

In the first year, "s" will replace the soft "c". Sertainly,this will make the sivil servants jump with joy. The hard "c" will be dropped infavour of "k". This should klear up konfusion, and keyboards kan have one less letter.There will be growing publik enthusiasm in the sekond year when the troublesome "ph" will be replaced with "f". This will make words like fotograf 20% shorter.

In the 3rd year, publik akseptanse of the newspelling kan be expekted to reach the stagewhere more komplikated changes are possible. Governments will enkourage the removal of double letters which have always ben a deterent to akurate speling. Also, al wil agre that the horibl mes of the silent "e"in the languag is disgrasful and it should go away.

By the 4th yer people wil be reseptiv to steps such as replasing "th" with "z" and "w" with "v". During ze fifz yer, ze unesesary "o" kan be dropd from vords kontaining "ou" and after ziz fifz yer, ve vil hav a reil sensi bl riten styl. Zer vil be no mor trubl or difikultis and evrivun vilfind it ezi tu understand ech oza. Ze drem of aunited urop vil finali kum tru.

Und efter ze fifz yer, ve vil al be speking German like zey vunted in ze forst plas.

Crucial Tips Against Muggers (via email)

Because of recent abductions in daylight hours, refreshyourself of these things to do in an emergency situation. This is for you, and for you to share with your spouse, your children, everyone you know. It never hurts to becareful in this crazy world we live in.

1 . Tip from Tae Kwon Do : The elbow is the strongest point onyour body. If you are close enough to use it, do!

2. Learned this from a tourist guide in New Orleans . If a robber asks for your wallet and/or purse, DO NOT HAND IT TO HIM. Toss it away from you.... chances are that he is moreinterested in your wallet and/or purse than you, and he will go for the wallet/purse. RUN LIKE MAD IN THE OTHER DIRECTION!

3. If you are ever thrown into the trunk of a car, kick out the back tail lights and stick your arm out the hole and startwaving like crazy. The driver won't see you, but everybody elsewill. This has saved lives.

4. Women have a tendency to get into their cars after shopping,eating, working, etc., and just sit (doing their checkbook, ormaking a list, etc. DON'T DO THIS!) The predator will bewatching you, and this is the perfect opportunity for him toget in on the passenger side, put a gun to your head, and tellyou where to go. AS SOON AS YOU GET INTO YOUR CAR , LOCK THEDOORS AND LEAVE.

4a. If someone is in the car with a gun to your head DO NOT DRIVE OFF, repeat: DO NOT DRIVE OFF! Instead gun the engine and speed into anything, wrecking the car. Your Air Bag will save you. If the person is in the back seat they will get the worst of it . As soon as the car crashes bail out and run. It is better than having them find your body in a remote location.

5. A few notes about getting into your car in a parking lot, or parking garage:
a. Be aware: look around you, look into your car, at the passenger side floor, and in the back seat
b. If you are parked next to a big van, enter your car from the passenger door . Most serial killers attack their victimsby pulling them into their vans while the women are attemptingto get into their cars.
c. Look at the car parked on thedriver's side of your vehicle, and the passenger side. If amale is sitting alone in the seat nearest your car, you maywant to walk back into the mall, or work, and get aguard/policeman to walk you back out. IT IS ALWAYS BETTER TO BE SAFE THAN SORRY. (And better paranoid than dead.)

6. ALWAYS take the elevator instead of the stairs. (Stairwells are horrible places to be alone and the perfect crime spot.This is especially true at NIGHT!)

7. If the predator has a gun and you are not under his control, ALWAYS RUN! The predator will only hit you (a running target) 4 in 100 times; And even then, it most likely WILL NOT be avital organ. RUN, Preferably ! in a zig -zag pattern!

8. As women, we are always trying to be sympathetic: STOP. It may get you raped, or killed. Ted Bundy, the serial killer, was a good-looking, well educated man, who ALWAYS played on the sympathies of unsuspecting women. He walked with a cane,or a limp, and often asked "for help" into his vehicle or with his vehicle, which is when he abducted his next victim.

9. Another Safety Point: Someone just told me that her friend heard a crying baby on her porch the night before last, and she called the police becauseit was late and she thought it was weird. The police told her"Whatever you do, DO NOT open the door." The lady then said that it sounded like the baby had crawled near a window, and she was worried that it would crawl to the street and get runover. The policeman said, "We already have a unit on the way, whatever you do, DO NOT open the door." He told her that they think a serial killer has a baby's cry recorded and uses it to coax women out of their homes thinking that someone dropped off a baby. He said they have not verified it, but have had several calls by women saying that they hear baby's cries outside their doors when they're home alone at night. Please pass this on and DO NOT open the door for a crying baby.