On 10/3/06, Mura Mucha <[EMAIL PROTECTED]> wrote:
To further promote free open source software in my province, i decided to distribute open source softwares with a fee of probably P30-40 each CD, it is still cheaper than the pirated propriety software that cost P100 each available everywhere.
After researching, and complying especially with GPL requirements, it was almost a go, until another obstacle came along. Our own laws, especially the Optical Media Board.
My question is, do Optical Media Board also cover opensource softwares? if so, do i need to register or get a license as mentioned in the R.A. no. 9239 or also called Optical Media Act;
Optical Media Act http://www.ops.gov.ph/records/ra_no9239.htm
According to the bill:
Defenition of terms:
"Optical Media- a storage medium or device in which information, including sounds and/or images, or SOFTWARE CODE, has been stored, either by mastering and/or replication, which may be accessed and read using a lens scanning mechanism employing a high intensity light source such as a laser or any such other means as may be developed in the future. The term shall include, but not be limited to, devices which shall be listed in the IRR of this Act, or as prescribed by the OMB;"
III. LICENSING AND OTHER REGULATORY PROVISIONS
SEC. 13. Licensing and Registration.- Any person, establishment or entity shall, prior to engaging in one or more of the business or activities enumerated hereunder, register with, and secure the appropriate licenses from the OMB:
1. Importation, exportation, acquisition, "sale or distribution of optical media", manufacturing equipment, parts and accessories and manufacturing materials used or intended for use in the mastering, manufacture or replication of optical media;
2. Possession or operation of manufacturing equipment, parts and accessories, or the possession acquisition, sale or use of manufacturing materials for the mastering, manufacture or replication of optical media; and
3. The mastering, manufacture, replication, importation or exportation of optical media.
So basically opensource in cd is an optical media? and it is said that on part III, that it is regulated and needed to register or license from the OMB. Especially on 1. that "sale or distribution of optical media" is included as "one or more" of the business or activities enumerated hereunder.
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