help, human rights, Indonesia, WTF
- Wednesday, August 24, 2011 - 1 comments
My friend is going to jail for 18 months... For using her flashdisk. HELP NEEDED.
I won't tell her name here. What you need to know is that my sweet Balinese friend, who likes kids and crafts, has been sentenced to a jail time of 18 month for, basically, having used her flashdisk.
She works in Bali, in a small painting and craft shop.
What they do is, they build picture catalogs from examples taken in magazines or on the web, and commission them to painters on customers orders.
Last year, she thought she could start her own business, and built a small website using some of her shop's references.
Keep in mind, these references don't belong to anybody in particular, they are just the result of some image search.
But apparently her boss didn't appreciate, and asked her to close the website.
Which she did.
It wasn't enough. Maybe Mr. Boss smelled good money, and he sued her for unfair competition.
Time passed, and many parties got involved.
It didn't take too long to find out there was no harm done business wise, but hey, you gotta get the money a way or another, so Mr.Boss sued her again, this time for illegal copy of digital material.
That's were things got really wrong.
See, worldwide, the law is already blurry when it comes to digital material... but in Indonesia it's even worse. First of nobody gives a damn, then the law stops at the basic anti-piracy jibber-jabber.
You can consult it online, and if you speak the language, what you will read there is asinine.
"Any data accessed without explicit permission of the owner is considered accessed Illegally", that's what the law says.
Which is funny since you don't see any definition of "permission" and "ownership".
In Indonesia, it seems, browsing the web is illegal.
I am not a lawyer, but looking at the fact with some common sense you can see that a person not contractually tied by an NDA (or, actually by any kind of work contract) copying from a computer accessible to anybody, not protected by a password or any other means, files that are obtainable everywhere on the web, and using them in a way that was never meant to arm and did not cause any arm should never be legally worried, in any country.
There is something very wrong behind that sentence, especially since you consider that the murderers of three Ahmadi, in Cikeusik, earlier this year, received between 3 and 6 month of emprisonment.
Please look again.
Using a flash disk: 18 months
Murder: 6 months
As I am writing these lines, I am not sure of what will happen next, my friend had a very tough time, was involved in a pretty heavy bike accident just before being dragged to court.
She told me once she would rather die than go to jail. In another context, I wouldn't worry, but today she is emotionally exhausted, with not a dime left in her pocket to appeal, and about to be robbed 18 month of her life.I am worried she might attempt to arm herself.
This post is a cry for help. If you are a journalist, a fundation, a lawyer, please spread the news, help her appeal or take her case pro-bono. Help her and undo something very, very wrong.
You can contact me on on any of my social account, or via nojailforflashdisk[at]gmail.com , she needs all the help we can muster.



