NBI raids cellphone shops for violation of Anti-Piracy Law

Intellectual Property Rights Operatives of the National Bureau of Investigation (NBI) raided yesterday eight branches of a popular mobile phone shop in various malls nationwide that have reportedly been downloading patented songs and videos from computers into the cellphones of their customers without permit.

The NBI team led by agent Joel Tuvera served the search warrants issued by Manila Regional Trial Court Branch 24 Executive Judge Antonio Eugenio to the store managers and personnel of the Wellcom Telecom in SM North EDSA, Manila, Fairview, South Mall, Pampanga, Cebu, Iloilo and at the Glorietta in Makati City.

NBIR-IPRD chief Jose Justo Yap said they conducted the raids after receiving a complaint from four record companies — Sony BMG Phils. Inc., EMI Phils. Inc., Warner Music Phils. Inc. and MCA Records Inc. — about the "unauthorized reproduction, downloading and copying of their MP3 songs, and MP4 videos into cellphones."

"The act of downloading songs and videos from computers to cellphones without permit from the record labels is in violation of intellectual property rights," Yap explained to reporters in an interview.

Seized during the raid were computer sets and other electronic equipment allegedly used in downloading songs of local and foreign artists.

"We will file charges of violation of copyrights laws against the firm," Tuvera told reporters.

Store manager Elizabeth Ordelez and employees of the branch at SM North EDSA were surprised over the raid and said they have not violated any law.

Lawyer Leo Pascual of MCA Music Inc. said the raid was a product of a two-month surveillance conducted by the NBI in coordination with Sony BMG Entertainment .

Wellcom, which is engaged in selling mobile phones and accessories, allegedly offer to copy songs for its customers by downloading it to their cellphones as part of its VIP membership program, which cost P600. Nothing is, however, paid to the songs’ producers, Pascual said.

Among the songs allegedly downloaded for free include hits from local artists and bands such as Bamboo, Nina, Christian Bautista, Cueshe, Hale, Brownman Revival and foreign artist such as Maroon 5, Green Day, Black Eyed Peas and Cold Play.

Tuvera admitted that they are aware that the practice is prevalent nationwide but they need a formal complaint so that they can act on it.

"We can’t just raid a store unless there’s a complaint against it," he said.