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Wednesday, November 17, 2010

GMA NETWORK WINS LEGAL CASE VERSUS ABS-CBN!

The Court of Appeals (CA) has junked the case filed by ABS-CBN Corp. against GMA Network, Inc. for what was claimed to be illegal copying of its live video footage of the arrival of hostage victim Angelo dela Cruz from Iraq in 2004.

In a 14-page ruling issued last Monday, the fourth division of the appellate court has set aside the resolution of the Department of Justice issued last June 29 by then Sec. Alberto Agra, which approved the filing of violation of RA 8293 (Intellectual Property Code of the Philippines) against GMA.

The CA instead reinstated the earlier DOJ resolution dated Aug.1, 2005 issued by then Sec. Raul Gonzalez, which was reversed by Agra upon appeal of ABS-CBN.

The appeals court agreed Sec. Gonzalez was correct in clearing GMA executives — chairman, president and CEO Felipe Gozon; EVP and COO Gilberto Duavit Jr.; SVP for News and Public Affairs Marissa Flores; VP for News Jessica Soho; News Operations head Grace dela Peña-Reyes; and program manager John Oliver Manalastas for supposed violation of Sections 177 and 211 of the RA 8293.

It ruled that the act of GMA in airing the five-second footage was attended by good faith since there was no intention to cause injury to its rival network.

“Petitioners cannot be plausibly faulted for airing the live video feed that it had received from Reuters and CNN. Without malice and intent to cause injury to the private respondent, the act of petitioners in airing the disputed footage was simply founded on their belief that as a subscriber of said television services, they are allowed and contractually entitled to use the footage,” the CA said in the ruling penned by Associate Justice Josefina Guevara-Salonga.

The CA said it has found that GMA acted in good faith when it decided to immediately stop using the video footage upon realizing that its rival was actually covering said news event and its subsequent effort to verify the latter’s embargo agreement with Reuters.

Associate Justices Mariflor Punzalan Castillo and Franchito Diamante concurred with the ruling.

The CA stressed that apart from lack of intent of GMA to grab the video from ABS-CBN, the act also cannot be considered violation of Sections 212.4 and 185.1 of RA 8293 since it was just a short excerpt compared to the entirety of the subject new footage.

Records show that both ABS-CBN and GMA networks made their respective broadcasts and coverage of the arrival of dela Cruz in July 22, 2004.

ABS-CBN aired a live audio-video coverage of the arrival of dela Cruz at the Ninoy Aquino International Airport (NAIA) and the subsequent press conference.

The video was carried by Reuters Television Service through a contract on the condition that any footage coming from it would be considered by the latter under “embargo” against use but its other subscribers in the country.

GMA, being a subscriber of both Reuters and CNN, was able to receive the live video feed of the coverage of said arrival that was beamed by Reuters from the NAIA.

Immediately, GMA carried the Reuters feed in its flash news report simultaneously with its own live broadcast.

GMA later explained that it did notice that what Reuters was airing were footage of ABS-CBN and that said live video was under embargo in favor of the latter.

The appellate court noted that it was established that Reuters, contrary to usual practice, did not inform the petitioners of the embargo in favor of ABS-CBN.


By Edu Punay 
(The Philippine Star)

15 comments:

utot said...

binarayan naman ng gma.

Anonymous said...

hahaha.'d kinaya ang power ni gozon.' kawawang kapamz palaging talo.' pati kay willie.'belat.'

Anonymous said...

off topic:

GMA7 Drama series shown in Asia and Africa!

Dyesebel
China International TV Corporation
China
Sold free TV, pay TV, sattelite and cable TV exhibition rights


Marimar
Cambodia Broadcasting Network (CTV)
Cambodia
Sold free TV rights


Una Kang Naging Akin (When You were Mine)
Royal Media Services Limited
Kenya
Sold free TV rights


Stairway to Heaven and Marimar
Media Prima
Malaysia
Sold free TV rights for TV telecast on TV3 , Malaysia
(the last time the Filipino drama aired on Malaysia'a #1 commercial channel was 3 years ago)

Anonymous said...

^
^
^
^
^
yan lang?

Anonymous said...

mahirap talaga manalo ng legal battle against gma7

puro abugado ang board of directors nito, mga crony ni marcos, alam na nila pasikot-sikot sa mga demandahan...

may nakulong na bang crony???

Anonymous said...

mahirap talaga manalo ng legal battle against gma7

puro abugado ang board of directors nito, mga crony ni marcos, alam na nila pasikot-sikot sa mga demandahan...

may nakulong na bang crony???

Anonymous said...

KOREK Anonymous!

at saka ang tagal na nito: "justice delayed is justice denied!" halata naman kasi na NAKAW ang footage, PALUSOT pa! bwahahaha!

Anonymous said...

nakita ko din ito sa news ng ABS nata2ndaan ko pa nun si dindo amparo ung news caster na nag rereport tapos same ung footage pnakita sa GMA7. bakit ganun natalo pa rin ang ABS alam naman natin copyright ng ABS un. hayys my kinikilingan my pnprotektahan sa GMA7

Anonymous said...

pede pa itaas sa SC

dapat ung reuters at CNN nilalgay nila na from abs-cbn kasi sa abs-cbn lang namn sila nagttiwala sa mga news dito sa pilipinas di tulad ng iba diyan ginagamit ang ibang channel para makakuha ng footage... eto ngaun diba ung hostage event san ba nakatutok ang lahat ng International news channel sa abs-cbn lang. mapa pilipinas at bang bansa abs-cbnnews lang ang pinagkakatiwalaan.

fairviewer said...

pwede pa naman sa supreme court yan eh... anyway, kahit natalo ang channel 2, di pa rin maalis sa isip namin na ninakaw talaga ang footage... our justice nowadays has a lot of loopholes, madaling malusutan yan... BUT KARMA IS A BITCH... KAYA NGA FLOP LAHAT NG NASA GMA EH... at alam ng taga GMA yan mismo na kelangan nila mandaya

Anonymous said...

^^^
exactly, baka natalo ang kaso because of technicalties alam nyo naman mga ABOGAGO nang kapuso station MADADAYA, lahat gagawin makalusot lang! the viewers can attest kung pano NINAKAW ang footage, please!

Anonymous said...

Sarili niyo lang pinaglololoko niyo sa mga comment niyo. palibhasa di kayo marunong tumanggap ng pagkatalo. hanggang ganyan na lang kayo. magbintang ng walang katuturan, kapag napatunayan ng pinagbintangan na walang katotohanan ang akusasyon, kesyo binayaran. tsk. tsk. tsk. mga kaawa awang nilalang, hindi natutunan ang kahulugan ng pagtanggap.

ilovenetworkwar said...

anu ba yan mga tao d2 puro anonymous at spammers ng ratings... hay naku...

kung nianakaw talaga ang footage eh di ninakaw....

dapat magbayad ng damages ang totoong maysala..

Anonymous said...

ganyan naman lagi ang gma eh. mahilig magnakaw. like nung live coverage ng election, yung video ng abs sky patrol. ginagamit ng gma, ni wala man lang COURTESY OF! buti pa ang tv5.

Anonymous said...

Haaay ang mga kapamilya wla n lng maibintang. Aminin nyo n talo tlaga kau s legal battle ksi wlang npatunayan at demolition job nyo lng un. Mrami ang nkapgsabi n tlagang wlang kasalanan ang GMA ksi ung sinasabi ninyo ung ke dindo amparo eh hindi cnabi ng reuters n me feed pla ang abs-cbn at s abs lng pla un noong first 5 seconds ng broadcast. Nkita nyo nman n inalis kaagad ng GMA un. At isa p, walang ninakaw ang GMA n khit ano. Me footage gling abs pro ngpaalam. Wla ring crony ni marcos ang GMA. AT ISA P, BAGO N ANG GOBYERNO NTIN KYA ANU ANG IKINASASABOG NG BUCHI NINYO. Baliw n tlaga ang mga kapamz oh.

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