A friend of mine who’s into the net cafe business has told me that the Optical Media Board is also confiscating DVD Writers and other media recorders from shops.
The OMB Raiding Group has really created a strong impression of the agency since the installation of Edu Manzano, its erstwhile head.
In 2006 alone, they’ve done close to 1,000 inspections, over 1.5 Million pirated optical disks with an estimated worth of Php202,569,400. They’ve also confiscated over 258 Million worth of pirated CDs in the first 4 months of 2007. Vigilance of regular citizens reporting stalls and shops peddling pirated CDs also helped the agency do their job more effectively.
With such accomplishments comes criticisms. The unfair confiscations of DVD or CD Writers in Internet Cafe shops is one of them. The reason behind it is that the presence of these recording devices in the shops potentially opens it to illegal copying of copyrighted materials.
According to my friend “a Level Up delivery guy (of game posters) told him to hide DVD Writers and other recording devices”. This tip came from one of the managers from Netopia. Although, there have been no incident that directly verifies this, my friend and all other net cafe owners in his area are now careful than ever.
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They should do a test first by pretending to be customers who wants to copy licensed programs on a blank CD for cheap.
Oh well, i personally don’t buy pirated CDs or even pirated apparel.
I think it’s unfair as well.
Many professors nowadays require students to pass projects on optical media as floppy disks are now too small and too unreliable, and flash drives are way too expensive to just give to the teacher. Those without optical media recorders would then resort to Internet cafes to burn their projects.
Of course, some would abuse it to burn copyrighted material, but it should really be investigated first.
BTW, I was puzzled when you said “Php202,569,400″ is just an estimation.
OMB generalizing all Net Cafe businesses as one of the sources of pirated softwares can be blame to business owners themselves.
Really unfair!
They should prove that the cafe is burning pirated software or music before they confiscate it.
in that case, they should also confiscate those blank cd’s and dvd’s that are currently available in the market
This could just be hear say.
Why not ban cars because some are used for bank robberies?
it is not hear say.. I was watching XXX, not adult movie ok guys, but one of the said regulation was that internet cafe cannot offer burning data service which includes video transfer.
For me this is insane!
1.) Not everyone has a PC at home hence they go to shops and save them through cds and other storage device
2.) Burning Media on a CD or DVD = Saving on Thumbdrives or floppy disk
Like most of you guys said, they shouldn’t do any confiscating unless they’ve proven that the internet cafe was involved or that they were aware that their cd/dvd writers were used for making illegal copies of copyrighted material.
I admire their eagerness and vigilance in fighting against software piracy but this is a little bit too harsh and unnecessary.
It’s totally unfair for the people who can’t afford to have their own computer at home and go to these internet shops.
then I think the most effective way is for them to go to gilmore and confiscate all the CD and DVD recorders.
Why not raid all the CDR-king outlets as well?
Well i did saw on the news some night ago that they also inspected CDR-king and other establishments selling blank discs.. maybe they checked their licenses or something.
kailangan pa daw ng permit for CD/DVD writers?!?!?!
I’ve read somewhere, kaka-raid lang nung shop niya sabi dapat daw may permit yung writer… hmmm…
I saw in news was shops selling p softwares siguro kaya hinihigpitan na but still every shop has the rights to intallss and use and media recorders… we just need to implement rules on how to use them
Hindi pwedeng iconfiscate ang blank dvds and cd-rs kasi legal naman ang usage ng mga yan ah. Kaya nga naimbento diba.
I think it unfair because DVD/CD burning is use to burn data not just copyrighted materials, An investigation should be done before such action is done.
I don’t know all the legalese, but it is possible that the Optical Media Board, in its eagerness to please copyright owners (i.e., big blue Microsoft, et cetera), is overstepping its prescribed authority.
Even though the OMB’s confiscation of DVD and CD writers may be hearsay, we must stay vigilant about our consumer rights. Ok, piracy IS piracy, but the right to buy what one wants (as long as the right fulfills its corresponding duty) is intrinsic to the individual and essential to our functioning as a democratic society.
One research material they have was when XXX raided I-cafes in Manila where some caught burning copy righted materials and selling them within the store.
As most here have said that it is outrages and in violation of consumer rights.
Confiscate DVD-writers?! That’s illegal unless they have proof that it was used for making illegal copies of software and content.
Register the drives before usage? now that’s completely insane.
Have the OMB been listening and dancing to ‘Papaya’ too long?
Hmm… as far as I know, it is true and not hearsay.
What is unclear here is if we really have a law or laws covering the idea (not act) that a CD/DVD Writer in a public place (like iCafes) constitutes the possibility of illegal copying occurring in the establishment.
Anyone have a copy or something? Coz seriously, everyone’s saying it is “illegal” to confiscate those, but how sure are we? Any law experts here? (Sorry if I missed you if you are a law expert..)
If they are doing such things, then there is a possibility that they are protected by law or laws, but which? Intellectual Property Rights? Patent? Copyright? Trademark?
Or they created a new mandate the public wasn’t aware of?
Yes it is illegal, but is it still — now? Could someone check?
Finally, these iCafes must really learn to cooperate with each other and stop thinking of themselves as individuals. The recent iCafe meeting in Manila failed because of the majority invited boycotting the meeting. Do we care? Yes, coz it will affect the whole country.
And those confiscations.. let them be. They are only creating millions of enemies by doing that. Don’t stop them. Let those who use and rely on CD/DVD Writer from iCafes be the one to speak up this time. It is not our job.
What we should instead do is point out how stupid is Operation Licensing of a CD/DVD Writer. These CD/DVD Writers are part of the PC package. It will only work if it’s connected to the PC and as such doesn’t need a separate license.
/sarcasm on
They might as well issue a license for the Power Supply, AVRs, Keyboards, Hard Disk drives.. oh wait, HDD of many iCafes have illegal stuff! Confiscate those and tell the Computer Community in the Philippines that HDD also requires a LICENSE!!
/sarcasm off
The raiders are very ignorant in implementing rules with regards to burning stuff.
They should investigate first if the Dvd/CD writer is used in burning copyrighted materials. Yung ibang raiders kase papogi lang basta may ma raid at may mahuli ayos na. They dont really care about the business nung tao kahit legal.
Minsan sindikato pa yung mga raiders ipapatubos sayo yung mga ini confiscate nila tpos sa bulsa nila diretso yung pera at pagbalik sayo nung unit mo downgraded or worst kulang-kulang na yung mga parts. Peperahan lang yung may ari ng negosyo.
Masmalala pa sila sa magnanakaw.
Tsk,tsk… the optical board is doing nothing.
You should go to Quiapo… everything is on sale there… software, music, porn…
http://my_sarisari_store.typepad.com/my_sarisari_store/2007/10/quiapo-a-heav-1.html#comments
Exactly where CAN’T you buy illegal DVD’s anymore? Seems they are everywhere. Sir DVD! Sir DVD! Sir DVD! Sir DVD! Sir DVD! Sir DVD! Sir DVD! Sir DVD!
My name is not Sir DVD! hahaah
in a nutshell
We’re talking about copyright infringement. as a general rule, the state has to obtain a search warrant before siezing private property. however, the Optical Media Board has the power to take into preventive custody any optical media and/or material or equipment, including parts, accessories and paraphernalia used for the mastering, manufacture or replication of optical media which are found in any premises if the OMB has reasonable ground to believe or suspect that these are evidence of violation of the provisions of Republic Act No. 9239, otherwise known as the Optical Media Act of 2003.
i think the net cafe owners were asked to “surrender” the dvd/cd writers and these were not “seized”.
Guys, check out
http://www.omb.gov.ph/index.php?id1=14
You’ll notice some of the memo/circulars were created 2005. Why isn’t anyone (but the OMB) aware of this?
EDU MANZANO IS PARANOID.
HIS LAWYERS HAVE CONVINCED HIM THAT DVD AND CD BURNING IS ILLEGAL.
ALAM NYO BA NA PATI SELLING OF DISKETTES ILLEGAL NA RIN KASI EVEN DISKETTES DAW IS AN “OPTICAL MEDIA.”
Here’s a thought for all of you:
Let’s say we all register for this – WHAT WOULD PREVENT ANYONE FROM BURNING ILLEGAL SOFTWARE?
This registration thing is just revenue. Ahh yes, the “inherent power of the state.”