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00:01.0
Good day po sa lahat. Sa livestream ni Atty. Libayan the other day, nagbigay siya ng reaction sa latest video ko about slapsuits. May mga sinabi siyang sa opinion ko ay masyadong misleading.
00:16.1
By the way, Atty. Libayan, just like sa slapsuit ng ibang bansa na wala akong pakialam dahil hindi natin batas yun, wala rin akong pakialam kung manalo o matalo ka man o manalo o matalo man ang RTIA sa copyright infringement case.
00:36.4
And to my listeners, huwag po tayong maniwala sa sweeping generalization na pag may isang natalo sa infringement case,
00:46.1
No, that is a foolish and reckless exaggeration.
00:53.4
Because the determination of fair use of a copyrighted work is to be determined via the so-called four-factor test.
01:03.7
Kaya nga four-factor test ang tawag eh.
01:07.3
Meaning to say, the determination of whether or not there was fair use is to be ascertained on a case-to-case basis.
01:16.9
Ano ba ang fair use?
01:20.1
The doctrine of fair use dictates that the fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited number of copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright.
01:41.9
Yan po ang nakalagay sa section 185.
01:46.1
25.1 of the Intellectual Property Code.
01:51.4
Anyway, balik na tayo sa purpose ng videong ito which is to vehemently object to what I believe are misleading rants by Atty. Libayan patungkol sa latest video ko about slapsuits.
02:06.9
Misleading rant number one.
02:09.6
Sinabi ko di umano na ginamit daw na depensa ni Libayan ang slapsuit sa counter-attacks.
02:16.1
Unang-una, wala akong kopya ng counter-affidavit mo, Libs.
02:22.9
So I wouldn't know kung ginamit mo ba talaga o hindi.
02:26.8
And I believe you na hindi mo ginamit because no lawyer in his right mind would invoke a defense that is not found in the law.
02:36.1
Besides, wala kang mababasa o maririnig dyan sa video ko na sinabi kong ginamit mo.
02:42.8
Naun sa kamandong.
02:46.1
In my mouth, I never said expressly nor made any implication that you used slapsuit as a defense in your copyright infringement case.
02:57.5
I only pointed out that legally speaking, the general concept of a slapsuit is not applicable in the Philippines because, to repeat,
03:06.4
there is yet no law that defines and prohibits the filing of slapsuits except in environmental-related activities.
03:19.3
Ginawa ko lang example ang Sugar Mercado case to highlight the fact that no less than the Supreme Court itself
03:26.5
has declared in 2018 na walang slap sa Pilipinas except in environmental-related actions.
03:36.9
Hindi ko sinabing in-invoke mo ang slap.
03:40.9
Naun sa kamandong.
03:43.8
Misleading rant number two.
03:46.1
Sinabi or in-imply ko ba na ang slapsuit is a crime?
03:51.9
Again, don't put words in my mouth, Libs.
03:56.2
I only made mention of that Latin maxim to emphasize the point that just like there is no crime when there is no law that punishes it,
04:05.3
wala rin slapsuit kung walang batas na nagbabawal at nagsasabing ito ay slapsuit.
04:12.8
Mahirap ba yan intindihin, attorney Libayan?
04:16.1
Ang layo na kasi nang inabot mo eh.
04:19.4
Pinapahanap mo pa ako sa ibang jurisdiction kung crime ba ang slapsuit.
04:23.9
Eh wala naman akong sinabing ganyan.
04:25.7
I even used the phrase in similar fashion.
04:31.4
Ano ba ang ibig sabihin ng in similar fashion?
04:35.3
According to PowerThesaurus.org, it means in the same way, in a similar way, in like manner.
04:46.1
O, eto pa sa TranslateN.com.
04:52.2
In similar fashion is a phrase that is used to indicate that something is being done in a similar way to something else.
05:01.1
It is a useful phrase when you want to draw a comparison between two things.
05:07.1
Take note, comparison. I was only comparing, attorney Libayan.
05:13.7
Now, kung ayaw mong maniwala sa reference,
05:16.1
ko, edi tanungin mo si ChatGPT.
05:20.2
And yes, attorney Libayan, the general concept of slap does not legally exist in the Philippines
05:27.5
for the simple reason that there is no law in the Philippines adapting, acknowledging, or recognizing such a concept.
05:38.6
Again, kung ayaw mong maniwala, tanungin mo si ChatGPT.
05:46.1
Now, dahil sinagot na kita sa tanong mo, eto ang tanong ko naman sa iyo.
05:52.6
Tungkol pa rin ito sa slap.
05:55.7
Para maliwanagan na rin ang mga taga-subaybay mo,
05:59.5
eto ang sinabi mo sa isang livestream mo entitled,
06:03.6
Bakit ba sila hirap sa slap suits?
06:06.4
Slap suits are not meant to be retaliations.
06:09.9
Okay, yun lang mga kapatid natin.
06:13.7
Sure ka ba dyan, attorney Libayan,
06:15.8
na ang slap suits are not meant to be retaliations?
06:20.8
E ano itong sinabi ng Supreme Court sa kasong FCF Minerals Corporation vs. Lunag?
06:27.8
GR No. 209440 promulgated on February 15, 2021.
06:37.4
A strategic lawsuit against public participation or slap generally refers to claim suits
06:45.3
filed against private individuals as a retaliation
06:50.5
to the latter's recourse to the government on an issue of public concern.
06:56.7
Let me repeat it to you.
06:59.0
It generally refers to suits filed against private individuals as a retaliation.
07:06.7
Slap actions do not forward any genuine cognizable interest
07:11.8
but are only used to oppose and to suppress
07:15.3
the defendant's political activities.
07:20.4
Still in that same case.
07:22.4
It is this political retaliation through the law
07:25.9
that distinguishes slap suits from the commonly observed
07:29.5
intimidation and retaliation through litigation
07:33.0
between commercial competitors, business partners,
07:37.2
labor and management, and regulatory agencies and licensees.
07:43.0
So, sino ba ang paniniwalaan natin?
07:45.3
Ikaw o ang Supreme Court?
