Rules of

Netiquette
 Learning Outcomes of Learner
puts into practice their understanding of the intellectual property, copy
right, and fair use guidelines
demonstrates proper conduct and behavior online (netiquette, virtual self)
puts into action their personal resolve to combat digital divide, addiction,
and bullying
explains copyright, fair use, human rights
discusses current issues related to copyright, gov’t./provide sectors actions
explains actions to promote ethical use of media and information.
enumerates opportunities and challenges in media and information.
CYBERCRIME

RA 10175:
Cybercrime
Law.
ETHICS, also known as moral philosophy, refers to the morals
connecting to human behaviour, whether certain actions are
morally accepted or not.
Computer Ethics
It is a new branch of ethics that is
growing and changing rapidly as
computer technology also grows and
develops. The term “computer ethics”
may defined as standards of professional
practice, codes of conduct, aspects of
computer law, public policy, and
corporate ethics
It deals with practical problems and
focuses on the nature of moral action
and responsibility: How do I know
whether or not an action is morally right
or wrong?
 Ten Commandments of Computer Ethics
1.Thou shall not use a computer to harm other
people
2.Thou shall not interfere with other people’s
computer work
3.Thou shall not spoof around in other people’s file
4.Thou shall not use a computer to steal
5.Thou shall not use a computer to bear false
witness
 Ten Commandments of Computer Ethics
6. Thou shall not use or copy software for which you have
not paid
7. Thou shall not use other people’s computer resources
without authorization
8. Thou shall not appropriate other people’s intellectual
property output
9.Thou shall think about the social consequences of the
program you write
10. Thou shall use a computer in ways that show
consideration and respect
 Assessment No.1
You are the computer administrator for a medium sized
company. You can monitor the company’s network from
home and you frequently work from home. Your nephew, a
college student is visiting for a week. He ask to use your
computer to check his email. Sure, you said. You are a
gracious host. What is the ethical problem?
 Assessment No.2
Parents nowadays allow their children to play computer
games because according to them, computer games help,
in one way or another, in developing the decision making
and analytical skills of their child. Do you agree? Why or
Why Not?
 INTELLECTUAL PROPERTY CODE
(RA 8293)
• With regard to legal aspects of computing, the Intellectual
Property code contains the most important provisions
concerning ICT professionals including computer and
electronic engineers. Other laws which govern the use of
technology such as E-COMMERCE LAW, ACCESS DEVICE
REGULATION ACT, and the CYBERCRIME LAW generally contain
the norms and proper usage of technologies. INTELLECTUAL
PROPERTY on the other hand, contains the provisions which
protect the rights of authors, inventors, programmers and
other gifted citizens regarding their intellectual creations
 Section 29. Intellectual Property
Sec. 29. First to File Rule. – If two or more persons
have made the invention separately and independently
of each other, the right to the patent shall belong to
the person who filed an application for such invention,
or where two or more applications are filed for the
same invention, to the applicant who has the earliest
filing date or, the earliest priority date. (3rd sentence,
Sec.10 RA No. 165a)
 Most common Intellectual Property
 Trademark
 Copyright
 Patents
 Trademark
• Is any visible sign capable of distinguishing the
goods (trademark) or services (service mark) of
an enterprise and shall include a stamp or
marked container of goods
 Copyright
• Is confined to literary and artistic works which
are original intellectual creations in the literary
and artistic domain protected from the moment
of their creation.
Sec.172 Literary and Artistic works

• 172.1 Literary and artistic works, hereinafter referred to as

“works” are original intellectual creations in the literary
and artistic domain protected from the moment of their
creation and shall include in particular:
(a)Books, pamphlets, articles, and other writings
(b)Periodical and newspapers
(c)Lectures, sermons, addresses, dissertations prepared for
oral delivery, whether or not reduced in writing or other
material form;
 Sec.172 Literary and Artistic works
(d) Letters;
(e) Dramatic or dramatic-musical compositions;
choreographic works or entertainment in dumb shows;
(f) Musical compositions, with or without words;
(g) Works of drawing, painting, architecture, sculpture,
engraving, lithography or other works of art;
 Sec.172 Literary and Artistic works
(h) Original ornamental designs or models for articles of
manufacture, whether or not registrable as an
industrial design, and other works of applied art;
(i) Illustrations, maps, plans, sketches, charts, and
three-dimensional works relative to geography,
topography, and architecture or science
(ii) Drawings or plastic works of scientific or technical
character
 Sec.172 Literary and Artistic works
(k) Photographic works including works produced by a
process analogous to photography; lantern slides;
(l) Audio-visual works and cinematographic works and
works produced by a process analogous to
cinematography or any process for making audio-visual
recordings;
(m) Pictorial illustrations and advertisements;
 Sec.172 Literary and Artistic works
(n) Computer programs; and
(o) Other literary scholarly, scientific, and
artistic works
 Definition of a Copyright
• Unlike patents and trademarks, registration
in the Intellectual Property Office of a
copyright is not required for the owner to
acquire protection because they are
protected from the moment of their
creation (Sec 172, RA 8283)
 Ownership of Copyright
the absence of agreement, their rights shall be
governed by the rules on co-ownership. If,
however, a work of joint authorship consists of
parts that can be used separately and the author
of each part can be identified, the author of each
part shall be the original owner of the copyright
in the part that he has created;
 Ownership of Copyright
• 178.3 In the case of the work created by an author during and
in the course of his employment, the copyright shall belong to:
(a)The employee, if the creation of the object of copyright is
not a part of his regular duties even if the employee uses the
time, facilities and materials of the employer.
(b)The employer, if the work is the result of the performance of
his regularly-assigned duties, unless there is an agreement,
express or implied, to the contrary.
COPYRIGHT is a type of intellectual property wherein the author
has the absolute right of an original work for a specific period of
time; afterwards, the creation is now considered public domain.
Note that in order for an original work to be considered
copyright, the idea must be expressed first.
Copyright can protect Difficult or Impossible to Copyright
things like
1. Photos 1. Ideas 5. Titles
2. Stories 2. Facts 6. Short phrases
3. Illustrations 3. Most federal, 7. Names
4. Cartoons state and local 8. Familiar symbols
5. Advertisements government 9. Lists of ingredients
6. Novels records 10. Basic instructions
7. Internet publications 4. Slogans
8. Marketing campaigns
Are Computer Programs Considered as
Trade Secret?
• A trade secret is defined as a plan or process,
tool, mechanism or compound known only to
its owner and those of his employees to whom
it is necessary to confide it. The definition
extends to a secret formula or process not
patented, but known only to certain individuals
using it in compounding some article of trade
having a commercial value.
A trade secret may consist a formula, pattern,
device, or compilation of information that

1.It is used in one’s business; and

2.Gives the employer an opportunity to
obtain an advantage over competitors
who do not possess the information
 Illustrations:
• While taking my halo-halo at RAZON’s, one of
the customers asked one of the service crew,
“kakaiba ang lasa ng gatas nyo ah. Anong gatas
gingamit nyo?” To that, the service crew
responded, “Sorry po ma’am hindi po kami
allowed sabhin”
 Illustration:
• If Andrei is an employee of Microsoft Corporation
whose main task is to develop and maintain
programs for Microsoft, the source code shall be
considered as a “trade secret.” Only Microsoft
Corporation can improve its current software
because it is the only person, along with its
employees who have the source code of all
Microsoft’s products. If the source code will be
illegally revealed to others, the exclusivity of the
source will be lost.
 What is Decompilation?
• Decompilation is the reproduction of the
code and translation of the forms of the
computer program to achieve the inter-
operability of an independently created
computer program with other programs
may also constitute Fair Use
FAIR USE
Refers to the author’s sole right and the author’s limitation –
which was given by copyright law – to an original work. This
may include criticism, researching, commentary, news
broadcasting, scholarship, search engines, and library
archiving.
PLAGIARISM
Refers to taking credits for or stealing another person’s idea or
work. This may also refer to using another’s intellectual
creation without properly crediting the original creator, or
taking an existing idea from existing source and presenting it
as a new or an original idea.
 What factors are to be considered in
determining Fair Use of Copyright
material?
• Sec 185 RA 8293
a) The purpose and character of the use, including
whether such use is of commercial nature or is for
non-profit educational purposes;
b) The nature of the copyrighted work;
c) The amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
d) The effect of the use upon the potential market for or
value of the copyrighted work
 Illustration:
• Suppose I uploaded a copyrighted song “Hayaan Mo
Sila” (originally sung by EX-B to www.youtube.com,
however, the uploaded song contains only 30 seconds
of a song
• If someone uploaded a full version of a copyrighted
song or movie to the net, will there be a copyright
infringement?
• Is the service provider automatically liable with the
originator who uploaded a full copy of a copyrighted
song or movie?
 Copyright Infringement
• If so much is taken that the value of the
original is sensibly diminished, or the labors
of the original author are substantially and
to an injurious extent appropriated by
another, that is sufficient in point of law to
constitute piracy.
Violation of a copyright is called infringement.

Philippine law policy on copyright in Republic Act No. 8293 or

the Intellectual Property Code of the Philippines

COPYRIGHT INFRINGEMENT VS. PLAGIARISM

Copyright Infringement Plagiarism

Using or reproducing Claiming a work or an
someone else’s work without intellectual property as your
permission own
 Copyright Infringement vs Plagiarism
• Copyright infringement is within the area of LEGAL
aspect while plagiarism is within the area of
ETHICAL aspect
• In copyright infringement, the culprit is NOT
claiming the work as his. But he is able to make
money out of it by doing the acts which only the
copyright holder can legally do.
• In plagiarism, the culprit claimed the work as his.
In case he would sell the object plagiarized, the
buyer may not be liable because of good faith.
 To illustrate:
• If A sold a stolen jewelry to B but A claimed
that the jewelry was his and so A was able to
sell the jewelry at a reasonable price, B will
not be liable
• If A submitted his research work to the RDO of
his employer, the latter pays A for the research
work, the employer cannot be liable because of
a belief that A really who conducted the
research.
 To illustrate Copyright Infringement:
• If JD went to Quiapo to buy a pirated movie, JD
is aware that he is buying a pirated CD. In
criminal law, when a buyer bought a stolen
property, say, jewelry for a lower price, the
buyer is an accessory to the crime of theft.
• RA 9239 “The Optical Media Act” was enacted on
February 20, 2004 to strengthen the fight
against pirated CDs in the market.
Can the Plagiarist escape liability if he
is in good faith?
Can the Plagiarist escape liability if he
is in good faith?
NO. Because if good faith is a valid excuse,
no one can be proven guilty of plagiarism for
the simple excuse of “I was not aware that
he is the original author of that work…”
 Patent
• Patentable inventions refer to any technical solution
of a problem in any field of human activity which is
new, involves an inventive step and is industrially
applicable
Are computer programs patentable?
 Patent
• Patentable inventions refer to any technical solution
of a problem in any field of human activity which is
new, involves an inventive step and is industrially
applicable
 Sec.22 of RA 8293:
• Sec.22 Non-Patentable Inventions – The following shall be
excluded from patent protection:
xx
22.2 Schemes, rules, and methods of performing mental
acts, playing games or doing business, and programs for
computers;
xx
 The Blogger’s
Freedom of
Expression and Cyber
libel law
Blog
• A type of website usually
maintained by an individual
with regular entries of
commentary, descriptions of
events, or other materials
such as graphics or video.
 Limitations of the Guarantee
“While the Philippine Constitution protects people’s
right to free speech and expression, this does not give
them free license to write to detriment of others.”
 Libel as an Unprotected Speech
• The characterization of libel as constitutionality
UNPROTECTED SPEECH is EASILY UNDERSTANDABLE when
the object of criticism is NOT a public figure. A private
person is entitled to the protection of his own reputation,
and the stupidity or immorality of his acts affecting only
his private life is NOT of vital concern to the common
weal. But when a person becomes a public figure either as
an occupant of or aspirant to a public office, the wisdom
or stupidity of his actions and the absence or abundance
of his mental and moral qualifications for office, ARE OF
VITAL CONCERN TO THE PUBLIC
 Illustration
• Suppose President Duterte decided to repaint the whole Malacañang
Palace to green spending P10 million pesos. After a month, he repainted
it again to yellow for another P 10 million pesos. Lastly, he decided to
put it back to its original color. He spent a total of P 40 million. Suppose
Japoy posts in Facebook:

Japoy Lavina
Just now

Ano ba yan Mr. President inaaksaya mo ang pera ng bayan!!!

Can President Duterte charge
Japoy Lavina of cyber libel?
 Libel
• Libel is punished by our Revised Penal Code which
states:

Art. 353. Definition of libel – A libel is public

and malicious imputation of a crime, or of a
vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstance
tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or
to blacken the memory of one who is dead.
 3 minutes ago

itong magaling kong kapitbahy dito sa Grand Seville palibhasa eh

may nagsusuply na milyunaryong businessman aba eh eto lingo-lingo eh
nagpapapinta ng bahay at nagsusunog ng pera!!! Siguro every night eh 1
milyon ang bayad sa kanya… 1 st class prostitute ba??!! Hehe
• Art 354. Requirement for publicity. – Every
defamatory imputation is presumed to be
malicious, even if it be true, if no good intention
and justifiable motive for making it is shown,
except in the following cases:
• A private communication made by any person to
another in the performance of any legal, moral or
social duty; and
• A fair and true report, made in good faith, without
any comments or remarks, of any judicial,
legislative or other official proceedings which are
not of confidential nature, or of any statement,
report or speech delivered in said proceedings, or
of any other act performed by public officers in the
exercise of their functions.
 Illustration
Mga friends si Myrna Garcy, yung magandang Engg-
engg student, eh tesbun!!! Eh di ba wala naman BF yun. Akala
mo mahinhin, malandi pala!!!
 2nd Ilustration
Suppose Kapitan Inggo, barangay chairman posted the following status message:

Mga minamahal kong mga

kabarangay, mag-iingat po kayo sa
ion taong ito na nasa larawan. Siya po
ay mapanganib at nagkukunwaring
nagtitinda ng payong subalit siya po
ay holdaper at magnanakaw. Ang
pangalan po nya ang Protasio
Payongyong
 Liking, sharing, and commenting on a
Libelous Message in Cyber Space
• The question is: are online postings such as
“Liking” an openly defamatory statement,
“Commenting” on it, or “Sharing” it with
others, to be regarded as “aiding or
abetting?”
 Consider the following:
Mga friends si Myrna Garcy, yung magandang Engg-engg
student, eh tesbun!!! Eh di ba wala naman BF yun. Akala mo
mahinhin, malandi pala!!!

Juan dela Cruz liked this.

Yan lang ang alam nyo. Ang totoo, pangalawang anak na

nya yan. Yung una,sa pinsan! Kadiri tlaga!!! eewww
 Assessment task
• A created a laboratory manual in Fundamentals of
Programming for her class. A printed the same in
several copies and sold the same to his students for a
profit. B, father of stud1 hired a typist to retype the
same but he instructed the typist to change the name
of the author in each page from “A” to “B.” B, also a
teacher sent the softcopy of the manual to his
students to print at least one(1) copy for each of
them. B told his students that as an author of the
manual, “I am authorizing you to copy the manual but
don’t change my name as an author.”
 Seatwork 2
1.Can A sue B for copyright
infringement? Why?
2.Are the students of B guilty of
plagiarism? Why?
 Thank You for using our Service!
• Creator: Maria Rizette H. Sayo
• Department: College of Computer Studies

Media and Information Literacy