Ducky Paredes

“Are Pinoys artists and entrepreneurs or are we simply modern-day pirates?  If we are no more than pirates, why would anyone – in their right minds — deal with us?”

by Ducky Paredes

If this country continues to fail, we can blame no one but ourselves. The Philippines enjoys a well-deserved reputation as a breeding ground for talented animators. We seem to have unbridled imagination among our young illustrators.

This is the reason why such well-known concerns as the Japanese firm Toei and Hannah Barbera have studios in the Philippines. (Hannah Barbera’s wholly owned subsidiary is called Fil-Cartoons.) But, why is this industry not growing as fast as it should be? Why do we seem to stop at having two top animation studios in the country?

The answer to this has to be what happened to Animation Vertigo, Inc. (AVI), a US-based animation studio. AVI subcontracted with a local animation studio, E-motion, to provide backroom support for its American and European clients. To ensure work quality, AVI provided training and software to E-motion. To protect its intellectual property, AVI included a non-compete, no-disclosure clause in its contract with the Pinoy firm.

The work that AVI received from E-motion started good but eventually a noticeable decline in quality had set in on E-motion’s deliverables to the point where  AVI was forced to terminate its outsource agreement with the local company. Pretty soon it came to AVI’s attention that E-motion was contacting AVI’s clients directly and offering its services, contrary to its contract with AVI.

In addition, E-motion misrepresented themselves as the actual animation studio while claiming that Animation Vertigo was a mere marketing company, not an actual animation studio.

Then, some of the top personnel at E-motion formed a company called MoAnime which made good use of the animation techniques that they learned from Animation Vertigo. All these were, of course, in direct violation of the non-compete clause of the contract between AVI and E-motion.

Animation Vertigo had to ask the Intellectual Property Office (IPO) to intervene. The IPO has issued a Temporary Restraining Order (TRO) effective for 20 days up to April 8.

The TRO prevents E-motion from misrepresenting itself as being an actual studio, from stating that Animation Vertigo is an outfit that merely markets animation video services, from using, distributing or sharing Animation Vertigo’s confidential information, from performing any activity that violates the non-disclosure and non-compete clauses it originally signed and from soliciting business from AVI’s clients and other prospective customers.

Sayang! At a time when job opportunities are scarce and getting scarcer, AVI’s decision to bring its business to our shores would have been a blessing to animators and designers who would have profited from the training and the prospects of international exposure for their work that AVI would have provided.

Can our justice system make things right or will it fail in protecting the foreign company’s rights. AVI’s getting justice from out courts may still save the day for the Philippines.

What is at stake is not just whatever business AVI might have brought to the Philippines, our reputation as business partners is on the line. Are Pinoys artists and entrepreneurs or are we simply modern-day pirates?

If we are no more than pirates, why would anyone – in their right minds — deal with us?

We do have the talent but those whose talent lies in larceny may be lording it over the rest of us. Sadly, because or our innate talent for larceny, we may be shutting ourselves off from the productive world.

* * *

PNP chief Jesus Verzosa is either dumb or only following orders as he concentrates on trying to pin raps on former President Joseph Estrada and Makati Mayor Jojo Binay for riding on a jeep with a mounted replica of a .50 caliber machine gun.

True, Letter of Instruction 1264, issued in 1982, bans the import, sale and public display of gun replicas. But, who is liable? Is it a passenger in the jeep or should it be the owner of the jeep. The picture on the front pages has Erap and Jojo and the mayor of the town in the same jeep. Why not include the mayor in the raps, of passengers are the main culprits.

Are passengers arrested if a jeepney has the wrong license plate or is unregistered or is a colorum? A passenger is basically an innocent bystander. Why pin the crime on someone who was invited to ride the jeep rather than on the owner who may have violated that LOI that prohibits the importation, sale or public display of a replica.

Did Erap or Jojo import, sell or mount the replica on the jeep? So, why but the blame on them?

How dumb has our Philippine National Police gotten? Seeing a crime, it cannot even determine who committed the crime. Clearly, it cannot be the person who was only invited to ride the jeep! Otherwise LOI 1264 would have specifically prohibited even that!

* * *

Sen. Richard Gordon has to learn when dealing with kidnappers that he is talking to liars and scammers. Their word in not to be taken at face value. He is now in a position where he tends to take the kidnappers word over that of the military.

He is wrong to do this. With the military, there is a possibility of rescuing the hostages. By relying more on the word of the kidnappers, he puts the life of the hostages on the line.

With the kidnappers in total charge of the situation, even if ransom were to be paid in full, there is still no assurance that the hostages will be freed. The hostages are safer with a stronger military presence. Public criticism of the military is not an option in situations like these.

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hvp 03.26.09)

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