MANILA, Philippines – The Makati Regional Trial Court (RTC) Branch 66 on Friday resumed the hearing on ABS-CBN’s copyright infringement case against Willie Revillame’s show “Willing Willie” on TV5.
ABS-CBN presented its video evidence at the second day of the hearing of the case it filed against Willie Revillame and TV5 President Ray Espinosa.
The video compares the defunct show "Wowowee" and the new TV5 show "Willing Willie." The two shows were put side by side to show that the "look and feel" of the two shows are the same.
ABS-CBN's witness Alou Almaden narrated before each video clip that was presented. She pointed out similarities of the segments of "Willing Willie" with "Wowowee."
Some of the examples shown were the use of a DJ [disc jockey] at the beginning of the show, similar circular production stage, the introduction of Willie as he enters the stage, and the segment with dancer "Congratulations."
ABS-CBN counsel Atty. Divine Pedron also said the format of the TV show is not an issue.
ABS-CBN is not claiming exclusive rights to the format of a TV variety show, but the network is fighting for the rights to a show which it conceptualized and invested its time and money on, but which was copied by "Willing Willie."
"Ang ipinaglalaban ngABS-CBN dito ay ang kabuoang programa na pinagbuhusan nila ng panahon, pera at isip, na alam naman po nating lahat na parehong-pareho po ng Willing Willy," she said.
The presentation of the evidence was not finished due to lack of time, and Revillame's lawyers had other commitments.
Almaden was directly examined by ABS-CBN counsel Bienvenido Somera.
Almaden also attested that Revillame pirated 20 key people from "Wowowee" to be part of his new show even while "Wowowee" was still on-going.
Ideas, themes not IPR violations
Revillame's lawyers, on the other hand, said that concepts, ideas and themes are not against intellectual property rights, and therefore, there is no basis for the copyright infringement case.
Revillame and TV5 lawyers also opposed the presentation of the video, saying this was irregular and not based on the Rules of Court.
Based on the Rules of Court, the lawyers said it the master tape or the master copy which should be presented. ABS-CBN presented DVD copies of the show.
Judge Joselito Villarosa allowed the presentation of the DVD subject to the presentation of the master tape or master copy during the hearing on Tuesday (Dec. 7).
Revillame's lawyers also defended their motion to inhibit Judge Villarosa, and presented evidence that he has connections to the CVC Law (Villaraza, Cruz, Marcelo & Angangco) firm, the firm which represents ABS-CBN.
Atty. Joel Bodegon, one of Revillame's lawyers, said the motion to dismiss the copyright infringement case and motion for the judge to inhibit will be resolved by Tuesday next week.
The hearing will continue on Tuesday with the direct examination and testimony of Almaden.
The defense will cross examine the witness on Thursday and Friday next week.
Courtesy: ABS-CBNnews.com
