ABS-CBN Suing People for Linking to YouTube Videos!?

Whether it’s real or bogus, it’s the stupidest thing I’ve heard all year. A commenter on my blog reports that ailing Philippine TV network ABS-CBN is threatening to sue people for the mere act of linking to a YouTube video!

I have a dilemma I received today an email from “abs-cbn security” that they were suing youtube and I for copyright infrigement. I have been watching Maging Sino Ka Man via karla193 and seanfelipe. Well, Karla193 account or IP was banned but through the grapevine she established another one via lab139, so I shared it with fellow cyberpinoys even to the point that I put it under my favorites for others to view. My question is can abs-cbn really sue me and the fact that I’m all the way in Atlanta, GA. Lastly, I got so spooked by their email that I closed my account. Need some advice..

Sharon

Let the incredible absurdity of this threat sink in for a moment: a company is suing someone for posting a hyperlink to someone else’s page on another company’s site, on another page of that same site. This goes way beyond ignoring the DMCA Safe Harbor Provisions, straight into deep ignorance of the hyperlinked nature of the Web itself. I’m no lawyer, but I’m sure no jury in its right mind could possibly rule against someone for the mere act of posting a hyperlink! A company you have no relationship with, threatening you over what you bookmark on your own personal Web services, is simply deluded by its own boneheaded hubris.

Sharon, this is either a ridiculous hoax or an empty threat. Either way, it’s an insult to your intelligence.

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March 16, 2007 | Filed Under IP, Philippines, Video 

Comments

10 Responses to “ABS-CBN Suing People for Linking to YouTube Videos!?”

  1. sharon on March 16th, 2007 10:50 am

    I am so sorry for bombarding this blog site! You will not believe this I tried to sign up for a new account using a different username. I tried to upload a video and the system is not letting me do it. When I click on my username which should take me to my account it says “cyberpinay 7 (my new username) is not found.” What da heck?! did those fools really block my IP address?! Please if anyone has run into the same problems I want to hear from you. I know I’m not alone out there so if you received a threatening letter from “abs-cbn security” please contact me or comment back..

  2. yuga on March 16th, 2007 12:35 pm

    In the United States, linking could be illegal. See related article from the New York Times:

    http://www.nytimes.com/library/tech/00/06/cyber/cyberlaw/16law.html

  3. Mike Abundo on March 16th, 2007 2:26 pm

    You’re referring to the DeCSS case, Abe. Judge Kaplan’s ruling on that case specifically prohibits the distribution of DeCSS.

    Sharon is not distributing DeCSS. Kaplan’s ruling doesn’t even apply to her.

  4. jhay on March 16th, 2007 7:45 pm

    Stupid, simply stupid of ABS-CBN to do something like this. Thanks to this, I think no Pinoy would ever link back to their site again. Otherwise, they might get sued by ABS too! hahaha

  5. Mike on March 17th, 2007 3:41 am

    This reminds me of the KPMG case a few years ago, where someone was threatened with legal action by KPMG for linking to their site
    against their policy (which was evidently published online, and consisted of such items as the procedure you were required to
    follow if you wanted *permission* to link to them.

    The person they threatened ended up adding several links in one post and thanks to the then-new blog, thousands of people did the same
    thing thus rendering KPMG’s threat meaningless, unless they wanted to go after everyone.

  6. Mike on March 17th, 2007 3:45 am

    Here is the link regading the KPMG flap:

    http://www.wired.com/news/business/0,1367,48874,00.html

  7. sharon on March 17th, 2007 4:53 am

    Thanks! A very informative article and I must say ABS-CBN has no weight to throw around cuz they’re a bunch of mini idiots that’s upset that the pinoy community is not subscribing to them.

  8. JC John SESE Cuneta on March 17th, 2007 11:11 am

    “Web Link Policy” and “Web Link Agreement”? OMG, that’s the stupidest policy I’ve ever read!

    Same message:
    “Tom Coates, who runs a weblog at plasticbag.org, said that KPMG was getting its just desserts. “On the Web, it’s so easy for people to make a farce out of companies like this, and these communities are very strong and are prepared to say you’re just dicking us around,” he said. “It’s not an environment where big companies can easily throw their weight around.”"

    But back to ABS-CBN… well, there may be an issue with linking to a copyrighted material, it happened back in the late 90’s with Evangelion, during the boom of fansites.

    BUT ABS-CBN will only waste what’s left of their money, this is a very weak case. During that Evangelion incident, the producer sued a lot of Evangelion fansites for posting - you guessed it - screenshots, spoilers, character profiles, and even more screenshots. They won, all Evangelion fansites were closed down worldwide.

    A year or two later (can’t recall the exact time), Evangelion fansites started to pop-up again. This time, the producers decided to leave them alone. In the long-run, the whole Japanese anime industry found out that these fansites (and FANSUBS for that matter) is to their advantage, GREAT advantage. So they struck a deal with the fansubbers and fansites in general - once our products are licensed in your region and/or country, please remove any links to downloadable fansubs, even raw versions. Everybody accepted it (coz if they don’t, the Japanese government itself will sue them, and the International Copyright Law and Agreement allows it [they will bring you to Japan to be tried - hahaha... free ride if you win against them :p ]).

    Anyway, with that, ABS-CBN’s case is really weak. Especially today where the taglines are “YOUniverse” and “COMMUNITY”. See, the POWER is now back to the PEOPLE. The Internet is a Socialism environment - balance between the corporate and the people. Hmm… we’re going political… (I’m not pro-communism btw, just pro-Socialism.. they’re different.)

    Don’t be afraid of ABS-CBN, they will not win. Now, if they DO WIN, just wait-and-see how the world will retaliate. Just wait-and-see. In fact, if they do sue you, ABS-CBN will start to feel the wrath of the Socialist Internet. Anyone who’ve been following the “YOUniverse” and “COMMUNITY” stuff know that you must never provoke them (ie YOU and the Community), but rather TAP them. This is the simple secret of the big corporations like Microsoft, that’s why they allow their empoyers to blog.

  9. Emerging Earth - Digg Clone Sends Nastygram to Digg Clone. Really. on March 20th, 2007 7:55 pm

    [...] never ceases to amaze me what ridiculous threats some people think they can get away with. It’s underhanded losers like this Phelps guy who [...]

  10. mannydeguzmanartist on March 28th, 2008 2:07 am

    Better ask ABS CBN what particular law, or provision they are basing their suits. I lost my copy of Presidential Decree PD1979 or the “Philippine Copyright Law” long ago (provided to me when I was still part of Katha Organization of Filipino Composers and FILSCAP).

    But in my opinion, this (1979 Copyright law) only applies to Broadcast and Print Media using the airwaves and print materials as the medium. The web is a recent innovation, and uploading videos or music on the web might not be covered with this law/ provision, not unless PD 1979 was ammended. Does broadcasting on the web included in the presently enforced Copyright law? Anybody who knows any ammendment to this?

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