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March 20 - 26, 2006 | Volume 20 No. 12
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WHO OWNS WHAT?

Pirates, sharers and real money

ANNIE X, a 30 year-old Fil-Am, drops her shoulder bag on the faded, grey carpet of her Manhattan apartment and goes straight to her computer desk, where her iMac G4 is busy calculating and saving files the whole day. She sits on the chair, folds her long-sleeved office shirt, and toggles the white computer mouse.

As the screensaver slowly fades out, a program window reveals itself; it is the program window of a ‘file-sharing’ software called ‘Limewire’. It turns out Annie has left her computer running the whole day to download two ‘No Doubt’ albums and three Full-DVD ripped movies: ‘The Matrix’, ‘Legally Blonde 2’, and, ‘Eternal Sunshine of a Spotless Mind’.

Aside from the successfully downloaded music and movies, her Mac is also on cue to get a complete, $1,000-worth video editing software complete with its license code. Likewise, Annie’s computer shares some files to other computer users in the world who uses the same software that she uses - A kind-of a give and take operation.

Annie X, the 30-year lawyer, is an operative known in the cyber world as a ‘pirate’- a person who illegally obtains copyrighted files and shares them to the world using a peer-to-peer software like Limewire. By all definitions, she is a criminal.

Annie, being an educated person, must know the consequences of her deeds. Yet, why still do it? She offers her defense. “ I don’t share what I have downloaded from the network. I share what I own. And if sharing what you own is a crime, I don’t know what isn’t. Piracy involves selling things that you don’t own. I am simply sharing that I paid for. I am sharing what is mine”

She sounds correct, but digital media has a different take on it. In digital media, even though you paid the retail price, you DON’T own the materials contained. What you bought is not the song, the movie, or the program. What you paid for is just the ‘license’ to listen to the songs, watch the movie and use the program.

The author of the songs, the makers of the movie and the designer or company that made the programs retains ownership of the product, even though you paid top dollar for them.

This product, especially software, contains a license agreement that a purchaser is required to agree on. It states that actions contrary to the agreement, like sharing, copying etc., would invalidate the license to use the software, which will result in the termination of the right to use the program with no refund.

Music and movies has a scarier FBI warning to go with it; telling the buyer that copying, re-selling, public performance, and broadcasting of the materials contained is against the law and is punishable by years of imprisonment.

The crackdown

In 2005, the music industry suffered another setback in sales. Their sales figures had dropped to an alarming rate in spite of the popularity of ‘per-song’ legal downloading online stores like Apple’s iTunes Music Store.

The same is true with Hollywood. The box-office revenues plunged so low last year, the Academy awards even used its award night to remind the viewers to get back into the ‘theater-watching’ ways. Software companies also reported that due to software piracy, which gave the industry billions of dollars of losses, they have resorted to extreme measures to track down these ‘pirates’, including email tracking and forcing net providers to disclose account info on suspected software pirates

A few unlucky pirates’ have fallen down to these tactics, but there is still no sign of a piracy slowdown. In fact, the more these companies tighten the belt, the more pitares become convinced that piracy is right.

Distinguishing pirates

The entertainment companies and software companies has to distinguish between ‘pirates’ and ‘file sharers’. Anne is a file–sharer: She buys music, DVDs and software. She makes copies of them and shares them with her peers. Yes, she does download things that are on the Internet, but she does it assuming that the files she’s getting for free belongs to people who also bought these files.

The person who sells make-shift copies of CDs and movies in Canal Street, is a pirate. The young boy who rips his John Mayer CD and copies it for a friend next door is a file-sharer. Pirates don’t own what they sell. File-sharers believe they own what they share. Pirates are criminals. File-sharers are not.

So far, there is no clear distinction between the two, and sadly, some ‘file-sharers’ have fallen into the hands of the law and has been branded as criminals.

The freedom to share

Like Annie, millions of people use these ‘peer to peer’ programs to obtain and share digital files all over the world for the same reason that she has. It is not acceptable that people shell out $20 for a DVD and get to be told they do not own the product.

Likewise, spending $1,199 for Adobe CS2 and not have the liberty to make a copy of it to share it with a family member is just as outrageous. Who is comfortable with the idea of not owning what you buy?

Besides, the money people use to purchase these things is real currency and not a ‘mere’ license’ to use the real money. Real money should equal real ownership. And what you own, you can always share. No to Piracy, yes to file-sharing.

Ted Reyes is a musician, composer, record producer and journalist based in NYC. If you have any comments you can visit his website at www.tedreyes.com or email him at tedreyes@mac.com

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Carmina shuns questions about ex-husband


Carmina Villaroel

ACTRESS Carmina Villaroel, who has not commented on her ex-husband Rustom Padilla’s recent on-cam confession that he was gay, successfully evaded entertainment writers on Monday night by walking out of a press conference in Quezon City.

Carmina stepped out of the launch party for GMA 7’s new soap series, “Majika,” shortly before the question-and-answer portion, leaving behind co-star and current true-life partner, Zoren Legazpi, to answer questions about Rustom.

Ending years of speculation about his sexual orientation, Rustom admitted that he was gay on the March 1 episode of the reality TV series, “Pinoy Big Brother.”

A swarm of reporte’s who attended the party at the Oasis Restaurant on Monday cornered Zoren that night after Carmina’s “escape.” When a writer asked about Carmina’s immediate reaction to Rustom’s revelation, Zoren simply said: “Wala lang.”

No big deal

He refused to say whether or not he and Carmina caught the controversial episode. “We can’t comment on that. It’s over between them,” Zoren pointed out. “Wala na sa amin ‘yung burden of proof.” In other words, the actor insisted, it really isn’t a big deal. “Mina and Rustom have no more connection. In the future, if I bumped into him, I’d say hi, just like any normal person.”

The coming out was actually one of Rustom’s reasons for joining the reality show, according to a story published on abs-cbnnews.com. For years after he split up with Carmina in 1997, Rustom avoided the limelight by studying filmmaking in the United States and then venturing into the cosmetics business. He returned to the country last year, the website said, to introduce to the public “the Rustom that I’ve always wanted them to know.”

On the show, speaking in Taglish, he confessed to housemate Keanna Reeves: “I reached a point where I realized I had a different personality. I realized I was gay. Now I’m telling you, and telling the whole world -- even if it’s difficult because I’m not a bad person.”

In an interview right after their breakup, Carmina was quoted as saying: “In fairness to him, I was not able to prove anything (that he was gay). It’s all hearsay.”

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Kristine regains TV stardom


MANILA --- Kristine Hermosa proves in “Gulong ng Palad” that she is still the actress to beat when it comes to teleseryes.

On screen, she makes her audience cry with her as she deals with several problems concerning her marriage with TJ Trinidad, who plays Carding. As Luisa, she is considered a pain in the neck by her mother-in-law, Menang, played by Cherie Gil.

Luisa also has a problem with her mom (Rio Locsin), who is against her decision to marry Carding. She tries to make peace with her.

“Maraming nakaka-relate na viewers sa mga characters we play in the teleserye. I guess this is the reason why itís a hit,” says Kristine.

But in real life her love life is okay, affirms the actress. Diether Ocampo after all, turns out to be her ideal man.

“Sa kanya, wala akong ka-proble-problema,” she exclaims. (MNS)

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Ogie denies rumors of separation


MANILA --- Ogie Alcasid once more denies reports that his marriage to former Miss Australia Michelle Van Eimeren is on the rocks. It’s still as solid as a rock, he says. Her decision to stay in Australia with their two daughters, Leila and Sarah, has his blessings.

“They are better off there. At least, ang mga bata, lalo na, normal na namumuhay. And they are happy children, mind you. They just don’t take to their studies seriously but to their hobbies, too. Leila, for one, is into equestrian. She now has her own riding horse,” he explains.

He continues, “I make it a point to visit them as often as I can. Sharing a family occasion with them is a must. Ang lapit lang kasi ng Australia. Kaya, it’s not a problem going there back and forth.”

He shrugs off reports that there’s something going on between him and Regine Velasquez. He comments, “Sa balitang ito, ang kawawa ay si Regine. Ako, okay lang. Pero, feeling ko, naapektuhan na rin si Regine.”

He has just released his 13th album, titled “Lumilipad.” It is his fourth record for Viva Records. He composed most of the songs in the album. Its title track is “Lumilipad Ako.” It is also the theme song of Bench products. The song has a music video which pairs Ogie with Lucy Gomez.

Also in the album is a haunting love song called “Minamahal Kita,” which, incidentally, is the theme song of the teleserye, “Agawin Mo Man Ang Lahat,” on GMA-7. The music video of the single features Gretchen Barretto as Ogie’s leading lady.

“May kuwento kung bakit nakapareha ko si Gretchen sa nabanggit na video,” he relates. “When I sang at the program prepared by Andrea Bautista herself at the reception after her wedding (to Junjun Ynares), I noticed Gretchen listening intently to my songs. Sometimes, she would even mouth my lyrics. Kaya, after my number, I approached her. And she admits that she likes my songs. Pabiro, tinanong ko siya if she would consent to appear with me in a video of one of my songs. She readily says yes.” (MNS)

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Sharon Cuneta wins libel suit vs columnist


A TABLOID columnist lost a libel suit filed against him by popular movie actress Sharon Cuneta after “abandoning” his case, the Court of Appeals said.

In a three-page resolution penned by Associate Justice Vicente Veloso, the court’s fourth division said Pete Ampoloquio had virtually “abandoned” his appeal by failing to comply with the orders of the court.

In his article against Cuneta, Ampoloquio made offensive remarks on the actress’ weight, alleged that she dominated her husband, Senator Francis Pangilinan who had been linked to one of his campaign volunteers during the 2001 election.

“We are constrained to consider defendant-Appellant [Ampoloquio] to have abandoned the instant appeal and to consequently order its dismissal,” the Appeals Court ruled.

The Appeals Court dismissed the case after a motion to withdraw was filed by Ampoloquio’s counsel, Ronald Barbaso who said that he had lost communication with his client.

The judicial records division showed that on Sept. 21, 2005, the court ordered Barbaso to file pertinent documents on his client’s behalf within 45 days, but that the order was returned on Oct. 6, 2005 with a postal notation on the envelope that said “moved out.”

Under Rule 50, section 1 of the Revised Rules of Court, the Appeals Court said they were allowed to dismiss an appeal “if the appellant failed to serve and file the required number of copies of his brief or memorandum within a specific period of time.” (INQ)

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Vhong seeks annulment of marriage



COMEDIAN Vhong Navarro is having his marriage to estranged wife Bianca Lapuz, annulled. That’s why he has strict orders from his lawyer not to talk about his current love life.

He is presently being linked to Desiree del Valle, also a promising starlet. Desiree just came home from America where her family now resides.

He says that even if his marriage to Bianca is annulled, he wants to maintain a friendly relationship with her. After all, she will always remain as his son Icee’s mom.

“Wala rin kasi akong puwedeng i-complain tungkol kay Bianca, dahil ‘di niya ipinagdadamot sa akin ang aming anak. Kung sabagay, alam naman niyang mahal na mahal ko ang bata,” states Vhong.

Vhong is hosting a new show on ABS-CBN with Toni Gonzaga. Called “Gudtaym,” its a mixture of music, comedy and dance. There will be contests of sorts in between where the audience can participate.

“Gudtaym” also stars former “Pinoy Big Brother” housemates Cass, Uma, Chx, Franzen, Jason and Sam. It will be aired every Friday at 10:30 p.m.

Directing the show is the eldest son of former actor, now TV director and producer, Edgar Mortiz. He is Franco Mortiz, who acts as assistant to his father when he (Edgar) directs the popular Sunday children’s show, “Goin’ Bulilit.”

Vhong, likewise, has just started shooting a movie titled “X-44,” with Joyce Bernal as director. He has no idea yet who will be his leading lady. But Cass is definitely in the cast, he says.

“Direk Joyce and I would have wanted Toni (Gonzaga) as my leading lady in the movie. Pero, sobrang hectic ang schedule niya,” relates Vhong.

At the presscon of “Gudtaym,” Toni reveals that she will not be in town during the final day of “Pinoy Big Brother Celebrity Edition.” Toni has been its popular host since the start of PBB.

“Kaya, nakaka-miss din. Pero, may previous commitment ako, na puwedeng maging dahilan para ma-demanda ako, kapag di ko tinupad,” she shares.

She is set to do a concert abroad this last week of March and on the first week of April. Produced by John Ling, Maja Salvador will be one of her co-performers.

According to her, she has not been to the US, so the trip excites her.

We ask her about her love life. And she answers that it’s still zero. She adds that with her busy schedule, it’s just impossible for her to have a romance. It would be unfair not just to the man she gets involved with but to herself, too.

Besides, she’s only 22, she reasons. (MNS)

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