YouTubecebu

[13thProphet]

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The Philippines is signatory of numerous international treaties on intellectual property rights. Basically our IP laws in the country are based on generally accepted principles of international law and are drafted in conformity with these treaties. In fact, it has been said that intellectual property law is one of the most harmonized laws in the world. Try to check US laws regarding intellectual property and I'm definite that you'll find basically the same principles.

[13thProphet]

Violation of IP laws carry both criminal and civil aspects. To be held liable in a civil case, criminal intent is not an element unlike in a criminal case. Hence, whether or not you intend to mislead the public is irrelevant to be held civilly liable.

The mere fact that you are operating a site called YoutubeCebu already brings you into that scenario. The "potential" of misleading the public is only the effect of a consummated act.

[13thProphet]

You mentioned "self-expression". Although we have the so-called "freedom of expression", which is granted by no less than our Constitution, it must not be forgotten that this right is NOT an absolute right. It is subject to the inherent authority of the government to impose restrictions on private rights for the sake of public welfare, order, and security. This is known in our jurisdiction as the "police power". The enactment of laws such as intellectual property laws is an example of the exercise of such power. Hence, the police power of the State is a valid restriction of your right to choose what name you use for you site.

[13thProphet]

You mentioned the case of McLane Company, Inc. v. Fred Craig.

I don't see the connection. In the McLane case, the owner was not operating a SITE. He was engaged in the business of distributorship services of food and grocery items. The respondent in that case registered a site called "mclanenortheast.com" and "mclanenortheastsucks.com". Respondent was a former employee of McLane who has been disputing his termination of employment. The site put up by respondent was one for the purpose of protesting his termination. Also, the word "sucks" at the end of the name was held to be a sign which would tell the public that it is NO WAY sponsored or endorsed by McLane.

In your case, both Youtube and YoutubeCebu are operating a website. Both provide the same video streaming services. And the word "Cebu" at the end of the name is more likely to imply that it is a "cebu version" of Youtube. I don't see how else you can interpret that.

Lastly, the case was dismissed mainly because of lack of evidence on the part of McLane. Nowhere in the judgment do you find anything which will support your claim.

[Mrpogi]

To 13thProphet:

I think you have to go beyond your Philippine law readings.

You are entitled to your own fears and opinion and I respect that. But that doesn't mean you are right. I didn't ask for help on legalities to begin with. So whatever pleases you, I understand wala lang kay lingaw. I don't have time putting sense to your know-it-all arguments. If you are still not happy report me to youtube including all the countless sites that have youtube in its name, after all this is youtube's concern not yours.

This is going to be my last reply to your ridiculous thoughts. Thank you.

[onenet.cebu]

Is this still under discussion? This has taken too long. We can't decide if it's illegal or not.. If it is, then let's wait for that site to be shutdown.

Otherwise, continue working on your SEO. You need it, very badly.

[13thProphet]

To Mrpogi:

First of all, why are you taking this personally? Can we not act professionally here? Are you forgetting that this is a FORUM site? A forum is a place where people can share their opinions on a given matter. If you signed up thinking that people are going to agree with everything you say then maybe you should have just joined a CLUB or something. What you're trying to do is contradict the very essence of a forum.

If you have noticed, that in all my posts, I always base them on my personal opinion. I never said that my opinions were the ultimate truth or were better than anyone else's. You may agree or disagree and it's totally fine with me. However, labeling my arguments as "know-it-all" and my thoughts as "ridiculous" is a different matter. Do you have to step down to that level?

And why do you consider people who actively participate in these forums as "walay lingaw"? Do you really think of us that way? Tell me, what really is your intention in joining this forum? Is it merely to take advantage of this site to promote your "Youtubecebu"?

[13thProphet]

Ato ni bai!!! I would like to invite you to join sa bag-o nga YouTubecebu. Like youtube, it's free and unlimited uploads for your video, photos, music and blogs. If you have friendster or blog accounts, you can also embed your YouTubecebu mulitmedia in those sites. Join now and be part of our http://www.youtubecebu.com

YoutubeCebu.com... "LIKE YOUTUBE".

The thing speaks for itself.

[borgy1981]

To Mrpogi:

First of all, why are you taking this personally? Can we not act professionally here? Are you forgetting that this is a FORUM site? A forum is a place where people can share their opinions on a given matter. If you signed up thinking that people are going to agree with everything you say then maybe you should have just joined a CLUB or something. What you're trying to do is contradict the very essence of a forum.

If you have noticed, that in all my posts, I always base them on my personal opinion. I never said that my opinions were the ultimate truth or were better than anyone else's. You may agree or disagree and it's totally fine with me. However, labeling my arguments as "know-it-all" and my thoughts as "ridiculous" is a different matter. Do you have to step down to that level?

And why do you consider people who actively participate in these forums as "walay lingaw"? Do you really think of us that way? Tell me, what really is your intention in joining this forum? Is it merely to take advantage of this site to promote your "Youtubecebu"?

u got a point bro...

[pinoyoutdoor]

Same goes with BPI

Real one --->http://www.bpiexpressonline.com

taken by others ----> http://www.bpiexpressonline.com.ph/