IT Legal Instant

Tuesday, June 20, 2006

Software, licensed or unlicensed?

This question keep rising up with the new spirit to enforce the IPR (Intellectual Property Rights) law. On one side there is pressure for the government to impose IPR law strictly in order to protect the rights of the creator. But on the other side poverty has become our biggest problem for creator's right is sure is expensive.

To protect the creator's right, there is license in the marketing process of an invention. Therefore, each usage of the invention will have to give credit to the inventor in the form of licensing fee. This is make sense since the invention is the result of a long creative process. Invention is necessary to improve the value of man's life and in general will improve the living standard of a nation. But what if the cost of this improvement is very high that more than half of this nation cannot afford. The alternative is use higjacked stuff, but according to the law it is illegal. And the government was pushed by foreign countries to carry the law sternly. Is it wrong? No. Indonesia does not stand alone in this world, with trading as the basis of our existence in this world then we cannot deny the common rule of nations, and one of them is to honor the rights of the inventor.

But we cannot afford the price of those inventions. For example, if there is a small medium business in selling furnitures using internet, and the businessman is using 3 PCs connected to the internet. Well, for the Operating System of each PC the businessman must use licensed OS that will require him to pay licensing fee for each OS. Compare this to the usage of highjacked OS which he can installs 1 OS in 3 PCs for free. Which one is more profittable? The answer is obvious.

What about music? Highjacked is a lot cheaper than the licensed one. It is okay for the foreign music to be high priced, but what about Indonesian music? Is there no other way to produce cheap or even free Indonesian music for the nation without have to make the artist or the producer go bancrupt? Same thing goes to softwares, computers, machine, chemical, etc.

We are poor country, we must admit it. With all of natural disasters lately, we may be udergraded than where we were last time. Do we have to play the International common rule in our nation, it is make sense if the common rule related to the foreign invention to be impose, but what about domestic invention, can't we use it freely for further developing? Or do we have to pay the same high price for the invention created by the man born in the same motherland?

Where is transfer technology in this country? Where are all the technician go after graduated from university? Where are all Indonesian IT expert? Is there none of them here in this country? Is this country going to be in this condition forever without any strength to rise up and compete with other country? Is our successor going to live in this poor undeveloped country for the rest of they life cursing their ancestor for leaving them in such a wrecked country?

I hate that kind of vision. I really think that the government together with the smart people in this country should find a way out for our slow progress. First, we need to educate our people, how? Facilitate them with modern equipment, and it will be a plus point for us if there is any way that we can produce them ourself than buying them from foreign country.

Second, we need to find out where we do best, agrobusiness? machinery? manufacture? or else, then we can focus all of our capability in that area. To be the best in one area will make us the best in the world then all of the country in the world will search for us, only us.

Third, spread the capability from the big city to other provinces in Indonesia. The balancing will keep our nation stronger especially with the coming autonomy. The strength of each province to develop their own region will also develop our nation in the end.

This writing perhaps doesn't give any answer for the question presented in the title, but it is an idea I want to share to everyone, Indonesian especially. Please strengthen our bond and let's build this country into a better living space for our children. (Writer: Wenny S.)

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