Datablitz raided for selling "pirated" software

[testament11]

I've known Datablitz for a very long time as one of the legit store of games and software, and even gaming consoles and peripherals. Is "piracy" the issue here o may something else pa

Police on Monday raided a gaming and multimedia store in a popular Manila mall for allegedly selling pirated gaming software.

The Philippine National Police's Criminal Investigation and Detection Group seized fake software in the raid, radio dzBB's Cecilia Villarosa reported.

Raided was the branch of Datablitz at the Robinsons Ermita mall, based on a complaint by X-Play Online Games Inc.

X-Play is the distributor of NBA 2K13 and other entertainment software products, the report said.

The complaint prompted the Makati Regional Trial Court Branch 24 to issue the search warrant.

SOURCE: PNP raids gaming store selling 'pirated' software | SciTech | GMA News Online | The Go-To Site for Filipinos Everywhere

[mateomarco]

Yup, all their branches were visited by CIDG yesterday...Mali lang kasi hindi naman fake yung items na nakuha...hindi lang sila authorized to sell NBA 2K13 software products but afaik, legit naman yung products according dun sa nagpuntang CIDG dito sa office...

[shadow]

Gray market and not piracy


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[crazy_boy]

mukhang hindi nga fake. kakabili ko lang kasi 2 weeks ago ng 2k13 sa datablitz. baka nga hindi lang sila authorized. kaso AFAIK, hindi mo pwede i-confiscate yung mga parallel imports. kasi hindi naman yun fake. even with a certificate na exclusive yung distributor, wala yun sa batas.

grey or parallel imports only shows the weakness of the exclusive distributor.

[testament11]

Gray market and not piracy

Ok then pero bakit yun sa mga celphones at ibang gadgets na nasa grey market, or lets say those stores na nasa Quiapo, hindi pinapa-raid ng mga official distributors?

[crazy_boy]

Ok then pero bakit yun sa mga celphones at ibang gadgets na nasa grey market, or lets say those stores na nasa Quiapo, hindi pinapa-raid ng mga official distributors?

AFAIK, hindi pwede ipa-raid yun. kasi first, hindi naman fake yun. best that the exclusive distributor do is not honor warranty. not a valid reason for raid in my opinion

[shadow]

Malas Lang nila nag reklamo yun authorized distributor


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[crazy_boy]

sa office namin, we also have this problem sa Europe. may parallel imports ng products namin. our distributor registered the trademark na, sent a complaint letter, pero at the end of the day, walang nagawa. kahit EU government. kasi 1st, hindi naman daw fake yung products. 2nd, properly paid yung taxes, 3rd, hindi naman daw illegal yung products.

pinabayaan na namin. cause as a manufacturer, at the end of the day, product parin naman namin yun.

usually may parallel imports pag mahina yung distribution or sobrang laki ng patong ng importer.

im interested on how this case will proceed. learning din ito if ever ma-confiscate yung items.

[testament11]

AFAIK, hindi pwede ipa-raid yun. kasi first, hindi naman fake yun. best that the exclusive distributor do is not honor warranty. not a valid reason for raid in my opinion

Yan ang ginagawa talaga. Sa camera nalang for example, may additional charge for servicing ang mga units na galing sa gray market. Siguro when it comes naman sa case ng Datablitz, eh parang mali ata na ipa-raid mo. I also never heard of that X-Play na exclusive distributor kuno ng 2k13.

[crazy_boy]

Yan ang ginagawa talaga. Sa camera nalang for example, may additional charge for servicing ang mga units na galing sa gray market. Siguro when it comes naman sa case ng Datablitz, eh parang mali ata na ipa-raid mo. I also never heard of that X-Play na exclusive distributor kuno ng 2k13.

sa automotive industry alam ko ganun na din. sa lexus yata if im not mistaken, 500k joining fee babayaran mo to have your grey import serviced at the dealership. hindi parin honored warranty.

[niky]

Bull****. Exclusive distribution is not covered by the piracy law. And should not be. The onus is on the manufacturer to protect its own distribution interests by not selling products at wholesale prices willy-nilly.

As long as the government receives the proper taxes, no foul.

Mali yung judge. Should have read the complaint properly first, then consulted an expert on the law.

[ghosthunter]

I've known Datablitz for a very long time as one of the legit store of games and software, and even gaming consoles and peripherals. Is "piracy" the issue here o may something else pa

Matter of grey market import legality... not really pirated.

Much like what AMDG (ateneo boys nanaman) did years ago to the PC rental shops when they "licensed" starcraft, counterstrike and diablo.

Find something sellable that is not registered to anyone locally and grab the rights to it and make everyone else pay you royalty for a product that is not really theirs in the first place.

[ghosthunter]

Ok then pero bakit yun sa mga celphones at ibang gadgets na nasa grey market, or lets say those stores na nasa Quiapo, hindi pinapa-raid ng mga official distributors?

A raid will only happen when the legal owner of the brand/product makes a complaint and authorizes (and finances) the raid.

You read that right, even if you are the legal owner of the brand, you will still have to shell out good money for the NBI or whatever goverment agency to do the raid and confiscation. The money will be used to rent trucks and warehouse space and pay staff involved for their time... believe it or not, some of "part-time" agents.

[ghosthunter]

Another news link: News Reports Datablitz Raided for Selling “Pirated” Software | Back2Gaming

News Reports Datablitz Raided for Selling “Pirated” Software

Published on November 6, 2012, by Haoson - Posted in News 7
datablitz-header

In a surprising news update, it was reported that the Robinson’s Ermita branch of Datablitz was raided by the PNP because it was reported to be selling “pirated” software.

In the GMA news article, it was said that the PNP acted on a complaint by X-Play Online Games Inc. Distributor of NBA 2k13 among other game titles. However, in a different news from bombo radyo other branches of Datablitz were hit as well. Back2Gaming tried to contact Datablitz about the matter and it was indirectly expressed that it was both the Ermita branch and the V-Mall branch that was hit by the PNP raid.

This bit of news has spread like wildfire within the communities and patrons of the game retailer called it as “absurd” since Datablitz has never been reputed to sell pirated copies of games or software. In fact, Datablitz has been known to be one the “go-to” stores for any legit copy of any game.

In light of the situation however, one commenter showed the blaring mistake of the article:

This problem just shows how the anti-piracy law can be misinterpreted and abused by people/companies who want to harass legitimate businesses and individuals.

[testament11]

A raid will only happen when the legal owner of the brand/product makes a complaint and authorizes (and finances) the raid.

You read that right, even if you are the legal owner of the brand, you will still have to shell out good money for the NBI or whatever goverment agency to do the raid and confiscation. The money will be used to rent trucks and warehouse space and pay staff involved for their time... believe it or not, some of "part-time" agents.

Then from here, you can now create some conspiracy theories

BTT:
I do think Datablitz will retaliate on this matter. Tsaka who was that X-Play? Never heard of that one until this news came out.

[Chikselog]

Nagpasikat lang daw si Xplay.

[wowiesy]

mukhang hindi nga fake. kakabili ko lang kasi 2 weeks ago ng 2k13 sa datablitz. baka nga hindi lang sila authorized. kaso AFAIK, hindi mo pwede i-confiscate yung mga parallel imports. kasi hindi naman yun fake. even with a certificate na exclusive yung distributor, wala yun sa batas.

grey or parallel imports only shows the weakness of the exclusive distributor.

and to think it was DataBlitz which did the investment and hard work in putting up branches, and importing the titles para lalong sumikat... although dapat lookout din nya yun na icorner na nya yung market by protecting his rights... getting "exclusive" rights as much as possible from the manufacturer / brand owner... para safe sya...

this way.. bad publicity may affect Datablitz... depends on how the consumers who buy at Datablitz take the issue... pero kung come hell or high water may support base na talaga ang Datablitz.. mag backfire pa yan sa so called "exclusive distributor"....

it also may show on how weak or strong Datablitz is.. kung kaya nya mag source ng ganun kamura na mas mababa pa sa "exclusive distributor" then perhaps what the brand owner abroad should've done is to let Datablitz know first na may sumisingit na iba.. possibly no track record or doubtful track record to deliver the sales volume... then upto Datablitz kung ano gagawin nya....

[Altis6453]

Bull****. Exclusive distribution is not covered by the piracy law. And should not be. The onus is on the manufacturer to protect its own distribution interests by not selling products at wholesale prices willy-nilly.

As long as the government receives the proper taxes, no foul.

Mali yung judge. Should have read the complaint properly first, then consulted an expert on the law.

Can't wait for the plan of action of DataBlitz.

They should be able to tear a new one in the a$$es of the judge and XPlay's lawyer.

Isama na nila yung raiding team ng NBI.

[boybi]

Dami gumagawa ng parallel importation dito. Yung mga audio-video stores na sikat sa mga enthusiasts, usually parallel importation ang ginagawa dahil sobrang mahal magbenta ng local distributors. Di naman nagkaroon ng issue dyan. There must be something behind this raid.

[Bin Diesel]

and to think it was DataBlitz which did the investment and hard work in putting up branches, and importing the titles para lalong sumikat... although dapat lookout din nya yun na icorner na nya yung market by protecting his rights... getting "exclusive" rights as much as possible from the manufacturer / brand owner... para safe sya...

this way.. bad publicity may affect Datablitz... depends on how the consumers who buy at Datablitz take the issue... pero kung come hell or high water may support base na talaga ang Datablitz.. mag backfire pa yan sa so called "exclusive distributor"....

it also may show on how weak or strong Datablitz is.. kung kaya nya mag source ng ganun kamura na mas mababa pa sa "exclusive distributor" then perhaps what the brand owner abroad should've done is to let Datablitz know first na may sumisingit na iba.. possibly no track record or doubtful track record to deliver the sales volume... then upto Datablitz kung ano gagawin nya....

I will still buy from datablitz, dito lang ako bumibili ng mga PS3 games ko actually pati unit and controllers sa kanila din ako bumili. They offer very good advice to buyers kung alin ang magandang bilihin na title and they give discounts to cash buyers.