Respect for intellectual labor and creativity is vital to academic discourse and research enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form, manner, and terms of publication and distribution.
Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions again members of the academic and research community.
(Adapted from Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community.)
Legal Basis
Intellectual property rights in the Philippines are governed by the Intellectual Property Code of 1997. Under the code, "original works" are protected by the sole fact of creation. It is not necessary to register a work, or do anything else to obtain the protection of the law. Further original works are protected regardless of the form of their expression, their content, quality, or purpose. Among other things, the Code expressly protects computer programs as "literary works." Some notable points about the new law are:
1) That it expressly protects databases and tables;
2) It grants an exclusive rental right to the copyright owner;
3) It penalizes the possession of infringing software for the purposes of sale.
The exclusive rights granted to the copyright owner under the Code imply that users may only copy, adapt, or rent a computer program if the copyright owner gives you permission to do this. This permission is given in the form of a license.
The Code also provides stiff penalties for infringement of copyright. A first offense under the law is penalized with a mandatory sentence of one year's imprisonment and a fine of at least P50,000.
For Goverment departments, agencies, and instrumentaties, President Ramos signed Memorandum Circular 115 which directed them to acquire and use only legitimate or licensed software.
PIDS Software Policy
It is the policy of The Philippine Institute for Development Studies to respect the proprietary rights of owners of computer software and to expect that Institute staff will refrain from actions that constitute an infringement of the copyright or other proprietary rights attached to software. PIDS staff are required to identify permitted uses of software in their possession, such as the right to make copies, and to obtain appropriate permission when necessary.
Activities of PIDS staff that infringe upon proprietary rights will not be considered to have occurred in the course of employment since they are expressly prohibited. The Institute reserves the right to refuse to defend any officer or staff member named in a lawsuit arising out of alleged infringement activity, and to refuse to pay any damages awarded by a court of law against any such person. Moreover, infringement activities in the course of PIDS-related programs may constitute grounds for disciplinary actions.
The unauthorized duplication of software constitutes copyright infringement regardless of whether it is done for sale, for free distribution, or for the copier’s own use. Copying is also an infringement whether the software is copied from a local storage device or over the Internet. Specific rights may be granted by the copyright holder in the license that is established between the copyright holder and the purchaser of the software/license.
The PIDS policy is to respect the copyright protections given under national laws, and to adhere to the conditions of the software license agreement. The following policies and procedures apply:
1) Software provided through the Institute for use by the staff should be used on computing equipment and networks only as specified in the specific software license.
2) Licensed software should not be copied on Institute equipment except as specifically permitted by the software license and Philippine copyright law.
3) PIDS staff should not use unlicensed or unauthorized copies of software on Institute-owned computers, or any computer housed in Institute facilities.
4) PIDS staff should not copy Institute-owned and -issued software into their personally-owned machines, unless a home computing arrangement has been reached with the Institute and they are specifically authorized in writing.
5) Except for software supplied by the Institute, the individual who normally uses a specific computer is responsible for ensuring and being able to document via license agreement or proof of purchase that the software used on that machine is licensed. An appropriate supervisor is responsible when the same machine is used by multiple persons.
6) For multi-user computing environments, the Research Services Department director is responsible for documenting licenses and informing users of licensing conditions and taking reasonable actions to ensure compliance.
7) It is a violation of Institute policy to knowingly use or attempt to use software which is not authorized for use under normal operating procedures.
Unauthorized or unlicensed use of software is a serious matter and is a violation of the Philippine Institute for Development Studies software use policy. Any individual violating these policies is required to take immediate remedial action, e.g. remove the unlicensed software from the computer. Persons refusing take such action are subject to Institute disciplinary procedures.
Alternatives to Explore
Software can be expensive. You may not afford to purchase certain programs that you need. But there are legal alternatives to unauthorized copying.
Shareware
Shareware, or "user-supported" software, is copyrighted software that the developer encourages users to copy and distribute to others. This permission is explicitly stated in the documentation or displayed on the computer screen. The developer of shareware generally asks for a small donation or registration fee if the user likes the software and plan to use it. By registering, the users may receive further documentation, updates and enhancements. In this way, users are also supporting future software development.
Public Domain Software
Sometimes authors dedicate their software to the public domain, which means that the software is not subject to any copyright restrictions. It can be copied and shared freely. Software without copyright notice is often, but not necessarily, in the public domain. Before you copy or distribute software that is not explicitly in the public domain, check with the MIS Unit.
