Saturday, December 14, 2019

Repost: Supreme Court Affirms CA's Dismissal of Copyright Suit of ABS-CBN vs. Willie Revillame and TV5

Image courtesy of Facebook: Willie Revillame


The Supreme Court has affirmed the Court of Appeals' dismissal of the P127-million copyright infringement case filed by ABS-CBN Corporation against television network ABC Development Corporation (formerly TV5, now The 5 Network) and television host Willie Revillame for allegedly copying the defunct noontime show Wowowee.

In an October 16, 2019 resolution, the Supreme Court First Division denied ABS-CBN's appeal and confirmed the Court of Appeals' decision dismissing the case on the ground of forum shopping.

Forum shopping refers to an act of a litigant of filing multiple cases in different venues based on the same cause of action. It is prohibited by the courts and may be a ground for dismissal of a case.

In August 2010, Revillame filed a case before a Quezon City court seeking judicial confirmation of his rescission of contract as host of Wowowee. He also asked for P11 million in damages, accusing the network of breaching the provisions of his contract.

This was after ABS-CBN suspended and placed Revillame under probation for publicly asking the network to sack talent and showbiz scribe Jobert Sucaldito for allegedly attacking Wowowee guests on the latter’s radio program.

In response, ABS-CBN filed a P486-million counterclaim against Revillame for breach of contract.

The network also filed a P127-million copyright infringement case against Revillame, his production outfit (WilProductions, Inc.) and ABC5 before a Makati regional trial court, alleging that Willie’s show with ABC5 "Willing Willie" is a "copycat" of Wowowee.

The Court of Appeals however dismissed the copyright claim in September 2011.

SC RULING

In affirming the CA’s dismissal, the Supreme Court said ABS-CBN "failed to sufficiently show any reversible error on the part of the CA in declaring the petitioner guilty of forum shopping."

"[T]he petitioner resorted to forum shopping when it filed a complaint for infringement, the cause of action of which is similar to its compulsory counterclaim in Civil Case No. Q-10-67770 considering that both can be traced from Revillame’s refusal to honor his Talent Agreement," the high court said in its resolution.

The high court ordered ABS-CBN to pay the costs of the suit.

30 comments:

  1. Sabi nga ni Ernie Baron,Ang Buhay ay Weather weather lang.

    ReplyDelete
    Replies
    1. Let’s sing “Karma (5x) chameleon, you come and go (2x) oh woh oh” 🎶🎵

      💁‍♀️💁‍♀️

      Delete
    2. Kahit kay Kim Atienza yan siz. ANg kay Ernie Baron ay "Kung walang knowledge, walang power". :)))

      Delete
    3. Antenna po ata yung ke Ernie Baron

      Delete
    4. Ang sabi po ni Ka Ernie ay, "knowledge is power"

      Delete
  2. Maka accuse ang ABSCBN ng copy cat kina Willie akala mo sila hindi nanggagaya. Sayang din ang ibabayad nina Willie dagdag bayad din yun sa utang nila

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    Replies
    1. That's not the point. Yung show ni willie ngayon almost replica ng dati. May clauses yan sa contract

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    2. 3:56 So bakit sila natalo?

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    3. 10:37 the dismissal wasn't based on the merits of the case foled by abs cbn. It was because abs cbn filed multiple cases pertaining to the same cause of action, which is referred to as "forum shopping." cases can be dismissed without necessarily going into the merits if forum shopping is committed.

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  3. Did the legal team of ABS-CBN become reckless in filing their cases? Dismissed on the ground of Forum Shopping pa. Sayang.

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    Replies
    1. Kaya nga. Patawa tong ABS CBN. Kahit fresh grad na law student or kakapasa lang sa Bar, alam yan. Can afford naman nla kahit ilang counsel pa i hire

      Delete
  4. Sabi nga Ang Buhay ay Weather Weather lang.Panahon ngayon ni Willie,hindi ng Abs.

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  5. Wow naman abs Kala mo naman di nanggagaya haha buti nga na dismiss baka naka huthut pa. Nagsampa sa ibat ibang lugar kala siguro nila makakalusot hahaha buti nga!

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  6. Ayan another bayarin na naman ng abs...

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  7. Mabait Kasi si willie kaya Ang daming blessings . At share nia sa mga poor.

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  8. Ok lang kayo? Totoo naman na Wowowee pa rin yung show nya sa TV5, pinalitan lang ng name. Pero ang segments same pa rin.

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    Replies
    1. Korek. Mukhang di nila nakuha yung grounds ng case. Haters lang sa abs

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    2. But still you cannot copyright it

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    3. E di ba halos lahat naman ng segments sa pinas e pare pareho lang?
      Kahit ABS e lahat naman ng shows nila e ginagaya lang din

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    4. Nah. Filipinos really gotta do better when it comes to their attitude towards plagiarism/copying. I'm appalled tuwing may nagjujustify ng ganitong behavior by stating that everybody copies each other anyway. If willie is behind the concept of wowowee then sure, may laban pa kahit papaano but kung abs ang may concept nun, then willie is being very unethical especially now na even his show sa gma is still pretty much wowowee na iba lang ang pangalan, and all this time he's been making money out of a concept na hindi siya ang nakisip. Truth, willie's variety show is actually very gasgas since yung formula nun is yung gamit ng eat bulaga and MTB in the early 2000s, but yung elements ng show ni willie across different networks are actually identical (palengke style intonation ng mga hosts, stage format, swgments like hephep hooray, pretty/sexy female hosts balanced out by one or two comedians, scantily clad dancers--one or two of which ang mayroong catchy sound bite, etc.)

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    5. Ang alam ko,pangalan ni Willie kasi yan at si Willie din nag create ng nga segments.Hands on siya di ba.

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    6. Kasama si Willie sa nagcreate ng show so may karapatan talaga sya.

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  9. Karma karma lang talaga

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  10. Hayan nadagdagan tuloy bayarin ng ABS...another problem na naman
    ..

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  11. Wow na wow na ang ABS pa ang magbabayad kay Wil at TV5. Tables have turned... congrats!

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    Replies
    1. True, bad year n abscbn yta

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    2. May blockbuster movie naman ang abscbn, may pambayad na sila

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  12. Sinubaybayan ko tong case na ito, nung na dismiss nag refile ulit ng case abscbn almost a billion hinihingi nila
    I am so happy for willie! Grabe he can literally retire na walang iniisip na kaso, congrats, abs cbn bayad bayad din for sure itutulong lang yan ni willie sa mahihirap

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  13. So happy for willie, he can literally retire with all his millions, real estate, cars, yate, chopper, airplane wala na sya iisipin na dapat bayaran grabe almost a billion hinihingi ng abs cbn sa kanya

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  14. Life is merry go round. Circle, karma never losses an address...

    ReplyDelete

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