Pinoy Gossip Boy,
Petitioner,
-versus-
Get It From Boy,
Respondent.
x--------------------x
PETITION
COMES NOW the petitioner respectfully avers that:
1. Petitioner is of legal age, single, and with domain address at http://pinoygossipboy.i.ph;
2. Respondent Get It From Boy is presumably of legal age, unknown civil status, and with domain address at http://getitfromboy.net;
3. On December 10, 2009, petitioner published a blog post with a title, Vicki Belo’s new alleged boyfriend REVEALED! And he used to work in a beauty parlor! (Full Profile Inside)
4. The said blog post consists of text entailing Mr. John David Young’s work history and a photograph showing Dr. Victoria Belo and Mr. John David Young together with watermark of “Pinoy Gossip Boy” marked as Annex A;
5. Several minutes after the said blog post was published, respondent published a blog post bearing a similar story entitled Meet Vicki Belo New Boyfriend;
6. The blog post from respondent also show a photo of Dr. Victoria Belo and Mr. John David Young together but with text written on the photo itself, which reads: “http://getitfromboy.net” in white font against black background marked as Annex B;
7. On December 10, 2009, petitioner wrote via Twitter that he found a similar post showing the photo herein marked as Annex B;
8. On the same date, petitioner updated his blog post saying claiming that the post was a first-crack and linked the post of herein respondent therewith;
9. On December 11, 2009, herein respondent commented on herein petitioner’s post, pertinent parts of which are quoted hereunder:
“wala akong kinokopya sayo, kapal naman. tingnan mo nga content ng buong blog mo bago ka manghusga. e puro kopya sa ibat ibang entertainment sites content mo a. the particular info and photo was sent to me by a staff of Philippine Star. Kapal mo, feeling ka ha. e title pa lang ng blog mo, mukhang inspired na ng blog ko. kelan ka lang ba nagstart nito, mine is since 2006. so before start accusing people, look at yourself first.”
10. Petitioner would like to reiterate his stand that the story was a first crack and that the photograph appears to have been tampered;
11. Petitioner denies the material allegations of the respondent with regard to the having drawn inspiration from the latter’s blog;
12. Petitioner claims that the blog name was inspired by the hit series “Gossip Girl;”
13. Petitioner alleges that any reasonable and prudent man would know that the “http:getitfromboy.net” text was directly placed to conceal the “Pinoy Gossip Boy” watermark and not from somewhere else;
14. On December 11, 2009, upon receipt of the respondent’s comment, petitioner sent a letter via email addressed to the Editor of The Philippine Star to clear things up;
15. Petitioner’s blog post, particularly the photograph with affixed watermark, is protected by law under Section 172.1, paragraph (m) of the Intellectual Property Code of the Philippines:
"Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:
xxx
(m) Pictorial illustrations and advertisements"
16. The copyright of the petitioner’s blog post belongs solely to him as provided for by law under Section 178.1 of the Intellectual Property Code of the Philippines
Subject to the provisions of this section, in the case of original literary and artistic works, copyright shall belong to the author of the work
17. The petitioner has the rights to require his name be attributed to, so far as practicable, to the copied work under Section 193.1 of the Intellectual Property Code of the Philippines:
"The author of a work shall, independently of the economic rights in Section 177 or the grant of an assignment or license with respect to such right, have the right:
xxx
To make any alterations of his work prior to, or to withhold it from publication"
PRAYER
WHEREFORE, it is respectfully prayed for that:
1. The respondent post a public apology in his blog http://getitfromboy.net directed towards herein petitioner admitting that the photograph a quo was taken, sourced, and tampered with, from the petitioner’s blog;
2. The blog post be posted in the respondent’s website in perpetuity;
3. The blog post be advertised via respondent’s Twitter account;
4. Posting of public apology would not waive herein petitioner’s right to file a suit but rather just suspend the same from the period that public apology is posted;
5. The petitioner’s right to file a suit will be revived by the moment the public apology post be taken down from the respondent’s website
6. By posting the public apology, or action instituted in consonance with any portion of herein Prayers, will be tantamount to affirming the Prayers in toto;
7. Other reliefs just and equitable are like sought for.
Manila, December 11, 2009
