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Blog EntryJan 21, '09 10:21 PM
for everyone
Over the past weeks, I was experiencing a general annoyance at the idea of blogging.  I'm friends with a lot of bloggers and, through such small interactions during bloggers' nights, some pro-bloggers as well.  But I've always had a reluctance to call myself a blogger.  I couldn't put it too much into words, until this morning...

When blogging was not yet as mainstream, I loved the idea it presented:  freedom of expression, self-regulation by peers, returns for meritorious and worthwhile writing... a writer's utopia if you will. 

But over the years, the blogs that I followed decreased and decreased until I'm only reading mostly my friends' blogs or those recommended by friends.  I've gotten sick of wading through crap, of reading short generic posts with links and one-liner reactions, of reading stupidity hailed as journalistic triumphs.  There are some bloggers who started thinking of themselves as the be-all and end-all of their chosen topic, entitled to recognition, or simply overly pretentious.  So I stuck only to those blogs that have no such pretentions of being anything more than online personal diaries.

(On a tangent, I've also grown out of reading fanfiction this way... seemingly realizing that most of the fanfics online are 95% crap.)

It probably started when I bought a few of PSICOM's "blogbooks" or "blooks," I heard someone say.... and realizing I spent P50 for each book that was not worth it.  Coupled with PSICOM's propensity not to edit stuff, the writing read far worse than I thought it should.

My friend stolisomancer (http://stolisomancer.livejournal.com ):

That said, with current developments in my current vocation, he says something very valid in Doktor Sleepless #11 that I'd as yet failed to consciously articulate:
    The five rules of journalism--who, what, where, when and why--aren't there because people like pissing you off with rules. They're there because that's how you learn things and that's how you explain things and that, eventually, is how you see that events and people are connected... and that's how we build up a picture of the world and begin to understand where we are today and what it really looks like.
The bit I keep coming back to is "...because people like pissing you off with rules." I see a lot of that about right now; the up-and-coming writers are all bloggers, with no more formal training than time spent on Usenet or Livejournal or somebody's phpBB or whatever. I've edited a lot of people who came up in that environment, where the only barometer of progress was that somebody was reading your shit. It might've been a vicious linguistic abortion that makes English teachers spontaneously combust, but fuck you, I've got twenty thousand unique hits.... The moral of the story, moving forward: print may be dead, but the rules it was supposed to abide by still matter. The five rules still matter. You have to stay curious.

(Source:  http://stolisomancer.livejournal.com/80538.html )

Yes, I'm guilty of this sometimes, posting knee-jerk reaction posts.  It doesn't make what he had to say less valid.  I was fortunate enough to have the privilege of getting pwned by stolisomancer and lurkerdrome, two of my online friends, among others, when I was a young writer.

Unfortunately, several things make it easy to neglect this:  the overall permissiveness of the blogosphere, the strange hypocrisy of the net (e.g. "hey, look! he no spell good!"), the ease of posting (see: plurk)... and it's easy to stop being critical and start being cynical.

*************

And before I continue, I have no pretentions that this blog is more than a personal online journal of mine.  I don't care if no one reads this.  But if it reaches more critical minds, the better.

*************

The recent brouhaha that got me into a tizzy was the post reactions to this article.  (Click for link)

The full text of the circular is here:  http://portal.ntc.gov.ph:9081/wps/_mc/MC2009/electronic_games.html

Google Cache link in case the site goes down again:
http://Toolong, just click here...

Yes, it's in legalese, but personally, I thought it was actually clear on its intentions.  God knows I already feel weird talking in favor of regulation, but the truth needs to be stated.

Fact: The National Telecommunications Commission (NTC) that issued this draft regulates telecommunications industry. As such it has power over service providers (Globe, Smart).

Fact: When you download content to your phone (e.g. wallpapers, games) you pay a fee. Part of this goes to the provider, part to the content provider/developer.

Fact:
At the current industry standards and practices, Telcos pay developers a fixed rate (e.g. P2 per wallpaper) then they pocket the rest.  So, from the P10 you pay them when you download, the content provider gets P8 while the Telco company gets P2.  The memorandum aims to regulate the amount telcos receive out of this, so instead of Globe getting P8 out of your P10 download, they'll only get P2.  The developer or content provider gets the rest.  THAT'S THE MAIN POINT OF THE MEMORANDUM.  However, in order for them to enforce this on the Telcos, they need to know who provides the content, hence the registration of companies who provide the content.  The license is only secondary to the main point of the memorandum.

(Now that you read it that way... isn't that a GOOD THING?  Man, I feel like a government shill, but it needed to be said.)
 
Fact:  The circular draft states in its definitions:  "Contents Providers – are persons or entities offering and providing contents to the public for compensation through the networks, systems and/or facilities of authorized networks, systems and/or facilities providers."  If you read through all the definitions of providers, it repeats "FOR COMPENSATION."

Does this mean bloggers need to register? Only if you sell your content directly to subscribers or if you receive compensation directly from the service providers (Globe, Smart, etc.).

Pro-bloggers or those who receive compensation indirectly (such as through ads) and who distribute their content outside the telco service providers are not covered by NTC authority. How are they going to follow you up? Ask Friendster/Multiply to furnish them a list?  All they can do is ask Smart and Globe. 

Bloggers who don't get anything or people who simply post to Friendster/Multiply and the like are even more not covered since they ARE NOT COMPENSATED.

When I saw this last night (and man, was I sleepy) I personally saw this as much ado over nothing. I agree the public hearing may be good for a laugh, but only if these bloggers start being questioned on why they are there.

So again, think first if you cover both bases:  are you a content provider AND compensated for this AND providing content to Telcos.  It's Boolean logic, please.  I didn't use any OR.

If not, please please please don't go to the hearing... you'll be wasting your time.

(On a different note, I'm pretty sure the "Cosplay Mobile" feature on Cosplay.ph may be covered under this. See the facts: (1) Cosplay.ph provides content to our partner which provides said message via text and (2) the website is compensated for every text message it provides. However, there's a possible out since we have a partner that deals directly with the telcos.  Let them get the license.  :P) 

P.S. On a more personal note, the fact that the source of the original rant is a certain Mike's blog makes me automatically drop it as overacting, but there's the facts.


EDIT:  To all those who read this far and didn't go "TL;DR" (Too long, didn't read), THANK YOU.

35 CommentsChronological   Reverse   Threaded
pgenrestories wrote on Jan 21, '09
Hi again, Mark! May I link up to this post of yours? TY.
genegaro wrote on Jan 21, '09
Personally. I like blogs who tackles issues deeply, not like some people who just post a link with several comments. I also do that, but only on FUN BLOGS, not on serious topics that need more examination.
poamark wrote on Jan 21, '09
No prob, Kenneth. I just had to post it else I'll just keep repeating myself when visiting other people's blogs. :P
pgenrestories wrote on Jan 21, '09
TY!
meriadok wrote on Jan 21, '09
There was an issue? Whut? Lol.
stompbox wrote on Jan 22, '09, edited on Jan 22, '09
Like you, I refrain from calling myself a 'blogger" (although I do attend blogger events--hey, you gotta love the freebies haha). I had friends who blogged, them writers. I liked reading their stuff, but I totally avoided blogging on my own. I considered it an exercise in exhibitionism. I mean, why post vague blog posts which no one will probably understand, save for close friends? Those vagaries have always created confusion (and wrecked relationships).

Good thing the "friends-only" features were made. At least now you control who your target audience is, and adapt your writing accordingly.

So here I am. I "blog" because when I'm exploiting the capabilities of the medium so I can air out my opinions, or share bits of news or other curiosities. And not because I want to publicly slash my wrists. hehe.
polidread wrote on Jan 22, '09
"blog" sounds like something you hear when a fellow carrying too much trips and falls over hilariously.
thebumpercar wrote on Jan 22, '09
Whoo, and I thought you said you wouldn't be able to blog anything longer than 140 characters anymore? :P This was one meaty post, and I like it! Sadly, trying to combat stupidity on the Internet is like trying to remove water from the sea using a spoon...
poamark wrote on Jan 22, '09
I was getting tired of repeating myself in all the internet posts. :P
feromcpigletron wrote on Jan 22, '09
So... what particular fanfics from what fandom have you read?
mikeabundo wrote on Jan 23, '09
Here’s how the proposal defines content developers:

Contents Developers – are persons or entities creating contents.

That means anyone who creates content, paid or otherwise.
meriadok wrote on Jan 23, '09
The sky! It's falling! :P
poamark wrote on Jan 23, '09, edited on Jan 23, '09
Should I even reply? When it's up there in the post?

Fine...

Fact: The circular draft states in its definitions: "Contents Providers – are persons or entities offering and providing contents to the public for compensation through the networks, systems and/or facilities of authorized networks, systems and/or facilities providers." If you read through all the definitions of providers, it repeats "FOR COMPENSATION."

Sorry, I made the post too long for you. Also, thanks for posting the full text on your post. It helped me to realize that you did have the memorandum text, but just focused on some words. That's a new speed reading style or something?
ariksgabs wrote on Jan 23, '09
Lawl.
nissie wrote on Jan 23, '09
He's down, he's out for the count, stick a fork in him, he's done! poamark WINS!
mikeabundo wrote on Jan 23, '09
The definition of content providers mentions compensation. The definition of content developers does not.
meriadok wrote on Jan 23, '09
Hey, aren't SEC licenses for... y'know, businesses? So if you're... err... NOT a business, wouldn't Occam's razor tell you that, y'know, you don't NEED a SEC license?
mikeabundo wrote on Jan 24, '09
Hey, aren't SEC licenses for... y'know, businesses? So if you're... err... NOT a business, wouldn't Occam's razor tell you that, y'know, you don't NEED a SEC license?
You're right, Marcelle -- but this is the NTC, not the SEC. ;)
meriadok wrote on Jan 24, '09
Err... "4. The application shall include the following documents:

a. Valid registration from the Securities and Exchange Commission or from the Department of Trade and Industry and Articles of Incorporation..."
mikeabundo wrote on Jan 24, '09
Err... "4. The application shall include the following documents:

a. Valid registration from the Securities and Exchange Commission or from the Department of Trade and Industry and Articles of Incorporation..."
That makes the proposal even more ridiculous. All content developers, paid or otherwise, would need to register with the NTC. In order to register with the NTC, they would first need to register with the SEC.

By transitivity, all content developers would need to register with the SEC, paid or otherwise. As you pointed out in your previous comment, that's just stupid.
poamark wrote on Jan 24, '09, edited on Jan 24, '09
Granted, you're right on it being "vague". I still don't see why this should concern bloggers, unless they *want* to register. Facts again: NTC covers the telco industry. Telcos make money out of downloads, developers/providers get money from that money (see #1 and #2 above). I made a mistake saying NTC intends to regulate the fees, but it seems they want to deregulate it (by allowing providers/developers and service providers to submit fees independently, rather than giving telcos the authority to specify fees and sharing).

The NTC would only be interested in you if they have to enforce those fees. That's the reason for the registration and license. If someone who isn't registered complains about a telco ordering or providing their own rates, they can't enforce it against the telcos. If the telcos complain about a non-registered content provider not complying to their standards, the NTC won't be able to know who that is.

At the end of the day, what CAN the NTC do against you? Force you to register? Their sanctions (provided in the memorandum under Sanctions) are:

1. Violation of any of the provisions of this Circular shall be a ground for the revocation or cancellation of the registration as Contents, Information, Applications and/or Electronic Games Provider.

2. The Commission may direct the disconnection of the access to the networks, systems or facilities of authorized providers pending the investigation of a complaint filed by a subscriber/user if the Commission finds that there is strong evidence against the contents, information, applications and/or electronic games provider.


So, if you don't register, you won't be able to sell through Smart, Globe, etc. Sounds pretty okay to me.

Can they force me to register? Why would they waste the time? I'm going to be an added burden to them because I can go rabble-rousing against the unjust practices of telcos.

Oh, wait... are you going to the hearing so that they'll know these things? So that the government will be made aware that content developers include all these users as well? Make them aware of bloggers earning through ads, so they're covered under "for compensation"? Or maybe because their sanctions are too lenient? Bloggers who don't register should be cut off from ISPs as well if they don't register?
poamark wrote on Jan 24, '09, edited on Jan 24, '09
Look, maybe I'm just getting tired, but okay... anyone out there think this is worth it, try to convince me.

1.) Convince me that this covers all content developers, including those who are in no way involved in the telco industry. As I said below, it boils down to the NTC's authority and the intention of the memorandum that you can see they probably won't waste their time with all the Multiply users, Blogspot users, and others.

2.) Convince me that they can actually force you to register, because if this damn thing is so unenforceable, why the hell are you all wasting time debating it? (Unless you want to point out the fact to legislators so they could hash out all the kinks, in which case... I don't understand you.)

3.) Convince me that any other people aside from the telcos themselves (who stand to lose and have to work more here) should have specific complaints.

Convince me of all three of those and I'll tear down my own post and post a retraction.

And no, saying it's all a result of all those golf and QueSci issues won't cut it, sorry.
meriadok wrote on Jan 24, '09
The sky is falling AND turning red! :P
mikeabundo wrote on Jan 24, '09, edited on Jan 24, '09
poamark said
Can they force me to register? Why would they waste the time?
PhP 6,000 per year, that's why.
meriadok wrote on Jan 24, '09
I think what Mark is asking is... at 6,000 bucks a year, is it worth the trouble of subpoenas and courtroom proceedings?
mikeabundo wrote on Jan 24, '09
poamark said
Convince me that this covers all content developers, including those who are in no way involved in the telco industry.
We've already discussed how the proposal's definition of content developers covers anyone who creates content.

Even if we assume that the NTC meant only content developers involved in the telco industry, anyone creating content accessible through cellular networks is involved in the telco industry.

Most modern phones have browsers. Anything on the Internet is accessible through cellular networks.
mikeabundo wrote on Jan 24, '09, edited on Jan 24, '09
poamark said
Unless you want to point out the fact to legislators so they could hash out all the kinks, in which case... I don't understand you.
That's what the Philippine Internet Commerce Society does.

I'm an officer of PICS. I was specifically assigned to the (canceled) hearing.

Beyond that, I'm a content developer as defined by this proposal. So are you and your commenters. I don't like regulations that can be used to harass me. I suspect neither do you.
poamark wrote on Jan 24, '09
Yes, you discussed the definition written and I've discussed NTC's authority, the implications on enforcement and the potential sanctions.

You still haven't convinced me.

But hey, it's a free country. I can't stop you from wasting your time. I can only try to convince others to stop wasting their time.
poamark wrote on Jan 24, '09
And your group actually wants to make this thing enforceable?

...I really don't understand.
mikeabundo wrote on Jan 24, '09
poamark said
Convince me that any other people aside from the telcos themselves (who stand to lose and have to work more here) should have specific complaints.
The Game Developers Association of the Philippines and the University of the Philippines Information Technology Training Center have voiced their complaints as well.

mikeabundo wrote on Jan 24, '09, edited on Jan 24, '09
poamark said
And your group actually wants to make this thing enforceable?
We want to make sure it's fair to Philippine Internet users. As it is now, it clearly is not.
poamark wrote on Jan 24, '09
I think GDAP has a valid concern and I think it should be raised. It's different from yours, though.
icheb wrote on Jan 24, '09
Even if we assume that the NTC meant only content developers involved in the telco industry, anyone creating content accessible through cellular networks is involved in the telco industry.

Most modern phones have browsers. Anything on the Internet is accessible through cellular networks.
in my opinion, accessing the internet via mobile phones is just like accessing the internet in a cybercafe. the mobile user pays the telco for accessing the internet and not for the content accessed. it is a very different from downloading ringtones and the like.
thebumpercar wrote on Jan 24, '09
With the anonymity of the Internet, how are they exactly going to track down each and every single blogger from the Philippines and force them to register? I can easily wipe away all references to my country of origin from my blogs, and if I can't do that then I can always start new ones.

They can block *sites* but I doubt they'd be able to block EVERYTHING unless they do something like the Great Firewall of China. And that will never pass.
haruka00 wrote on Jan 24, '09, edited on Jan 24, '09
mr.cabarios confirmed what you said in a simple querry/interview of mr.cabarios posted by a blogger you can find it in a simple google search.
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