GMA News Channel 7 asked for a legal opinion on the Mark Solis entry to the photography contest of the Chilean Embassy, which entry (photograph) was found to have been right-clicked from the site of a Brazilian photographer’s Flickr account for which Mark Solis had apologized.
Watch for the interview on GMA 7 news!
The GMA 7 cameraman took a video of the text of the moral rights provision of the Intellectual Property Code .
Watch for the discussion!
The cameraman also took a video of Article 172 of the Revised Penal Code. Just in case the lighting wasn’t that great in the conference room (kasi the text was in small font of the crime book), here’s the provision in bigger font :
Art. 172. Falsification by private individual and use of falsified documents. — The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon:
xxx
2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article. (underscoring supplied)
xxxx xxxx
According to Justice Aquno : A private document has been defined by the Supreme Court as “every deed or instrument executed by a private person, without the intervention of a notary public or other person, legally authorized, by which document some disposition or agreement is proven, evidenced, or set forth. “
On the other hand, “acts of falsification enumerated in the next preceding article” refer to the following:
1.Counterfeiting or imitating any handwriting, signature, etc.;
2.Making it appear that a person took part in any act when in fact they did not;
3.Attributing certain statements to a person who in fact did not make them;
4.MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS (caps and underscoring supplied: this is a pertinent provision to the action being contemplated by those who have been duped by the person in question).
5.Altering true dates;
6.MAKING ALTERATIONS IN A GENUINE DOCUMENT WHICH CHANGES ITS MEANING;
7. Issuing as an authenticated copy of an original when no such original exists;
8.Intercalating any instrument in relation to a protocol, registry, or official book.
Apple tries to ban Samsung smartphone sales in the U.S.
The other day, i received “alerts” or promotional texts for a Samsung Galaxy and other Samsung android smartphones sales.
Newspeg: “A hearing that will give Apple the stage to argue if Samsung should be banned from selling some of its Android smartphones in the U.S. has been pushed back until December. Xxx The news comes less than a week after a jury awarded Apple more than $1 billion in damages for patent infringements, with a looming possibility that several Samsung devices might be banned from the U.S.” (by Samantha Murphy | Mashable)
But can Samsung later on be enjoined from selling its Android smartphones (Samsung Galaxy etc.) outside the U.S.?
Well, it would take some work: Apple can ask the U.S. government to ask the World Trade Organization to enforce (after notices and hearings) the TRIPS provisions (trade-related aspect of intellectual property rights) of the General Agreement on Tariff and Trade on governments that fail to enforce intellectual property laws (copyright, patents, etc.); the provisions authorize trade sanctions. (asa ka pa, ang dami ngang pekeng Nike)
Right now, it’s just the U.S. market they’re after (although…if Samsung continues selling, the amount of damages already awarded could still be increased later on)
