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Politics / Re: Don’t Blackmail CPC And General Buhari - CPC Response To Bluelabs Limited by ejunkie(m): 9:14am On Apr 06, 2011


If the so called Buhari, his campaign team and you zealots cannot acknowledge the facts and stop trying to bury this legitimate claim under the wolfish cries of blackmail, then what integrity, honesty and change are you clamouring for?

If it were Ribadu of Goodluck that did this infringement on these people, you lot would shout yours selves hoarse with the story. But with Buhari, he can do no wrong. A good man is a man who accepts his faults his mistake, apologises and picks himself back up again and climb higher, it is evident that concept of good is foreign to all the Buhari zealots.

Shame on on all you, when you steal from the mouth of children and complain when they try to speak up
Politics / Re: Don’t Blackmail CPC And General Buhari - CPC Response To Bluelabs Limited by ejunkie(m): 10:53am On Apr 05, 2011
Ignorance they say kills people.

Bluelabs as you try to call them:

1- will go to court
2- they will file the case
3- spends hundreds of thousands in doing so
4- they will not get any date till after the elections
5- After the elections, Buhari's campaign people will disappear into the thin air

At least this way, the truth will be known, the injustice is made public, the intimidation, insincerity and lack of integrity is laid bare and evident by the responses, and all other intending intellectual property thieves are taught a lesson.

At the end of the day, it could have been you
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 3:26pm On Apr 04, 2011

The fact that Buhari zealots haven't been able squash this truth as they intended accounts for change in itself.

It's no secret that ordinary folks like these hardly get justice even with the courts. And no surprise that the Buhari campaign team will simply dissolve into the winds after the elections. In any case, let everyone hear the truth, let the bullies be exposed.

Further food for thought
Blog Posted: 2011-04-04
While we maintain that it is irrelevant to CPC’s copyright infringement to assert that the infringing video was donated by a volunteer (in spite of the fact that they claim on their facebook page that this infringing video was rejected by the Nigerian Television Authority), since they have decided to go the Youtube route, we have decided to quote certain provisions from the Youtube Terms of Service and Community Guidelines that may assist the Buhari/Bakare/CPC team going forward:

YOUTUBE TERMS OF SERVICE

Clause 6 B: You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

Clause 6D: You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.

You further agree that you will not submit to the Service any Content or other material that is contrary to the YouTube Community Guidelines, currently found at http://www.youtube.com/t/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

BLUELABS COMMENT: This means that you can only lawfully upload Content (i.e. songs or videos) when you either own the material or have obtained the licence or authorisation to use the material in the Content.

YOUTUBE COMMUNITY GUIDELINES
What is copyright infringement? Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed or made into a derivative work without the permission of the copyright owner.

How To Make Sure Your Video Does Not Infringe Someone Else's Copyrights
The way to ensure that your video doesn't infringe someone else's copyright is to use your skills and imagination to create something completely original. It could be as simple as taping some of your friends fooling around or as complicated as filming your own short movie with a script, actors and the whole works. If it's all yours, you never have to worry about the copyright—you own it! Make sure to follow the other guidelines in the terms of use, too.
Be sure that all components of your video are your original creation—even the audio portion. For example, if you use an audio track of a sound recording owned by a record label without that record label's permission, your video may be infringing the copyrights of others.

BLUELABS COMMENT: Even Youtube advises its users not to use audio tracks if you are not authorised to do so. What more can we say?


http://buharistoleouridea.com/art.php?id=10
Politics / Re: Don’t Blackmail CPC And General Buhari - CPC Response To Bluelabs Limited by ejunkie(m): 3:26pm On Apr 04, 2011

The fact that Buhari zealots haven't been able squash this truth as they intended accounts for change in itself.

It's no secret that ordinary folks like these hardly get justice even with the courts. And no surprise that the Buhari campaign team will simply dissolve into the winds after the elections. In any case, let everyone hear the truth, let the bullies be exposed.

Further food for thought
Blog Posted: 2011-04-04
While we maintain that it is irrelevant to CPC’s copyright infringement to assert that the infringing video was donated by a volunteer (in spite of the fact that they claim on their facebook page that this infringing video was rejected by the Nigerian Television Authority), since they have decided to go the Youtube route, we have decided to quote certain provisions from the Youtube Terms of Service and Community Guidelines that may assist the Buhari/Bakare/CPC team going forward:

YOUTUBE TERMS OF SERVICE

Clause 6 B: You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

Clause 6D: You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.

You further agree that you will not submit to the Service any Content or other material that is contrary to the YouTube Community Guidelines, currently found at http://www.youtube.com/t/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

BLUELABS COMMENT: This means that you can only lawfully upload Content (i.e. songs or videos) when you either own the material or have obtained the licence or authorisation to use the material in the Content.

YOUTUBE COMMUNITY GUIDELINES
What is copyright infringement? Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed or made into a derivative work without the permission of the copyright owner.

How To Make Sure Your Video Does Not Infringe Someone Else's Copyrights
The way to ensure that your video doesn't infringe someone else's copyright is to use your skills and imagination to create something completely original. It could be as simple as taping some of your friends fooling around or as complicated as filming your own short movie with a script, actors and the whole works. If it's all yours, you never have to worry about the copyright—you own it! Make sure to follow the other guidelines in the terms of use, too.
Be sure that all components of your video are your original creation—even the audio portion. For example, if you use an audio track of a sound recording owned by a record label without that record label's permission, your video may be infringing the copyrights of others.

BLUELABS COMMENT: Even Youtube advises its users not to use audio tracks if you are not authorised to do so. What more can we say?


http://buharistoleouridea.com/art.php?id=10
Politics / Re: Don’t Blackmail CPC And General Buhari - CPC Response To Bluelabs Limited by ejunkie(m): 3:57pm On Apr 03, 2011
Even Cobhams stands up for the truth,

@cobhamsasuquo
Cobhams Asuquo
And don't believe what u heard: I did not permit CPC to use the song "Transformation" for their campaign,
18 hours ago via Snaptu Favorite Retweet Reply

@cobhamsasuquo
Cobhams Asuquo
I believe in change as much as the next guy but you can't take advantage of another's intellectual property for your own end. Period.
18 hours ago via Snaptu Favorite Retweet Reply


@cobhamsasuquo
Cobhams Asuquo
I actually heard that peeps have been accusing @omolaraayodele of all sorts. Not cool, people. She didn't put up any anti-CPC website,
18 hours ago via Snaptu Favorite Retweet Reply

@cobhamsasuquo
Cobhams Asuquo
Meanwhile, let me repeat what I said yesterday: CPC was not authorized to use 'Transformation'. Change is gr8 but IP infringement is not,
1 hour ago via Snaptu Favorite Undo Retweet Reply

http://twitter.com/#!/cobhamsasuquo

CPC do the right thing.
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 3:56pm On Apr 03, 2011
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 3:55pm On Apr 03, 2011

Even Cobhams stands up for the little guys,

@cobhamsasuquo
Cobhams Asuquo
And don't believe what u heard: I did not permit CPC to use the song "Transformation" for their campaign,
18 hours ago via Snaptu Favorite Retweet Reply

@cobhamsasuquo
Cobhams Asuquo
I believe in change as much as the next guy but you can't take advantage of another's intellectual property for your own end. Period.
18 hours ago via Snaptu Favorite Retweet Reply


@cobhamsasuquo
Cobhams Asuquo
I actually heard that peeps have been accusing @omolaraayodele of all sorts. Not cool, people. She didn't put up any anti-CPC website,
18 hours ago via Snaptu Favorite Retweet Reply

@cobhamsasuquo
Cobhams Asuquo
Meanwhile, let me repeat what I said yesterday: CPC was not authorized to use 'Transformation'. Change is gr8 but IP infringement is not,
1 hour ago via Snaptu Favorite Undo Retweet Reply
Politics / Re: A Revolution In The Making Buhari Bakare (Tears Of Joy) by ejunkie(m): 1:00pm On Apr 03, 2011
[size=13pt]

More food for thought
Blog Posted: 2011-04-02
1. We have proven that Transformation Song came into being because our company requested, commissioned and paid CAMP for the song.

2. We have proven that copyright to the song currently belongs to Blue Labs LLC and have reproduced the applicable Nigerian law, showing that no one is entitled to use the song without licence or authorisation from Blue Labs LLC.

3. We have proven that neither the Buhari/Bakare/CPC team nor their mysterious volunteer had the right to use the song in a campaign broadcast. Despite the Buhari/Bakare/CPC efforts to confuse issues, Blue Labs LLC did not upload Transformation Song or our promotional video onto Youtube. The following facts are pertinent -

a. The Youtube terms and conditions referenced by the CPC also require anyone who uploads material onto Youtube to give a warranty as to being the holder of the copyright in the uploaded material.

b. If they claim their benefactor ripped the material from Youtube, he could not have done so under any licence as, if the song was indeed ripped off Youtube, THE PERSON(S) WHO UPLOADED THE SONG DID NOT HOLD THE COPYRIGHT and could therefore not have given an actual or deemed licence to use the song. According to law, you cannot pass on title if it does not reside in you.

4. Rather than becoming acquainted with relevant law, many commentators have chosen to hurl insults at our company and anyone who agrees with us. What kind of ‘change’ will come to Nigeria if people who are wronged cannot vent legitimate grievances because of the identity of the persons who wronged them?[/size]


http://buharistoleouridea.com/art.php?id=9
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 6:48pm On Apr 02, 2011


More food for thought
Blog Posted: 2011-04-02
1. We have proven that Transformation Song came into being because our company requested, commissioned and paid CAMP for the song.

2. We have proven that copyright to the song currently belongs to Blue Labs LLC and have reproduced the applicable Nigerian law, showing that no one is entitled to use the song without licence or authorisation from Blue Labs LLC.

3. We have proven that neither the Buhari/Bakare/CPC team nor their mysterious volunteer had the right to use the song in a campaign broadcast. Despite the Buhari/Bakare/CPC efforts to confuse issues, Blue Labs LLC did not upload Transformation Song or our promotional video onto Youtube. The following facts are pertinent -

a. The Youtube terms and conditions referenced by the CPC also require anyone who uploads material onto Youtube to give a warranty as to being the holder of the copyright in the uploaded material.

b. If they claim their benefactor ripped the material from Youtube, he could not have done so under any licence as, if the song was indeed ripped off Youtube, THE PERSON(S) WHO UPLOADED THE SONG DID NOT HOLD THE COPYRIGHT and could therefore not have given an actual or deemed licence to use the song. According to law, you cannot pass on title if it does not reside in you.

4. Rather than becoming acquainted with relevant law, many commentators have chosen to hurl insults at our company and anyone who agrees with us. What kind of ‘change’ will come to Nigeria if people who are wronged cannot vent legitimate grievances because of the identity of the persons who wronged them?


http://buharistoleouridea.com/art.php?id=9
Politics / Re: Don’t Blackmail CPC And General Buhari - CPC Response To Bluelabs Limited by ejunkie(m): 6:30pm On Apr 02, 2011


More food for thought
Blog Posted: 2011-04-02
1. We have proven that Transformation Song came into being because our company requested, commissioned and paid CAMP for the song.

2. We have proven that copyright to the song currently belongs to Blue Labs LLC and have reproduced the applicable Nigerian law, showing that no one is entitled to use the song without licence or authorisation from Blue Labs LLC.

3. We have proven that neither the Buhari/Bakare/CPC team nor their mysterious volunteer had the right to use the song in a campaign broadcast. Despite the Buhari/Bakare/CPC efforts to confuse issues, Blue Labs LLC did not upload Transformation Song or our promotional video onto Youtube. The following facts are pertinent -

a. The Youtube terms and conditions referenced by the CPC also require anyone who uploads material onto Youtube to give a warranty as to being the holder of the copyright in the uploaded material.


b. If they claim their benefactor ripped the material from Youtube, he could not have done so under any licence as, if the song was indeed ripped off Youtube, THE PERSON(S) WHO UPLOADED THE SONG DID NOT HOLD THE COPYRIGHT and could therefore not have given an actual or deemed licence to use the song. According to law, you cannot pass on title if it does not reside in you.

4. Rather than becoming acquainted with relevant law, many commentators have chosen to hurl insults at our company and anyone who agrees with us. What kind of ‘change’ will come to Nigeria if people who are wronged cannot vent legitimate grievances because of the identity of the persons who wronged them?


http://buharistoleouridea.com/art.php?id=9
Politics / Re: Don’t Blackmail CPC And General Buhari - CPC Response To Bluelabs Limited by ejunkie(m): 6:35pm On Apr 01, 2011
[size=13pt]

Rejoinder to Buhari/Bakare/CPC Campaign Rebuttal - http://buharistoleouridea.com/art.php?id=8[/size]
Politics / Re: Don’t Blackmail CPC And General Buhari - CPC Response To Bluelabs Limited by ejunkie(m): 6:31pm On Apr 01, 2011
Rejoinder to Buhari/Bakare/CPC Campaign Rebuttal

Blog Posted: 2011-04-01
1.  Bluelabs, the lawful holder of the copyright in the TransformationSong, have at no time published the song on Youtube and are therefore not subject to Youtube’s terms and conditions of service. As previously indicated, the Blue Labs video was posted on transformationng.com. Therefore, Blue Labs have at no time whether by actual or deemed licence authorised any person to use the Transformation Song.

2.  Even if the CPC claim their donor obtained the soundtrack from Youtube, Youtube’s Terms of Service provide in paragraph 6D as follows – “You further agree that Content you submit to the Service will not contain thirdparty copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.” AND THIS IS THE CRUX OF OUR GRIEVANCE!! Blue Labs never submitted the video to Youtube, is therefore not subject to their terms of service, and any user of their copyrighted material on Youtube infringes the Terms of Service of Youtube.

3. The maker of the video is irrelevant to whether or not the broadcast by the CPC on all its official e-channels constitutes infringement. The CPC for all intents and purposes is the broadcaster of the infringing video and is liable for its actions. It behoved upon the CPC Organisation to carry out due diligence before accepting such gifts from its supporters.

4.  The excuse that other people have used the Transformation Song is akin to saying ‘we have all at one time or the other stolen, why is it my theft that hurts you?’ It is an argument that cannot stand the test of even rudimentary logic. The song was designed to be a campaign song – had any other political personality or entity used the song since it was produced? Are any of the other alleged videos canvassing political support? Most importantly, how does thealleged presence of these other videos amount to a waiver of all enforcement action?
Bluelabs reserves its constitutionally guaranteed right to enforce its proprietary interests as it deems fit. 

No amount of intimidation, lies or threats from the CPC will bottle this up. They claim to have recorded phone calls, do the honourable thing, publish it. They have evidence, publish it simple! Enough with the stealing and the lies. Don't steal another mans sweat and spit on him as well.
http://buharistoleouridea.com/art.php?id=8
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 5:16pm On Apr 01, 2011
@meine

Good question about the court. Lets be objective. Papers filed with the court today, yeah? Guess what? no hearing day till after elections. Even though we are still pursuing this end, the fact is when injustice like this happens, best is to let the whole world know, why? So it serves as a case study for things like these. Furthermore social media is the real power the little guy has in these sort of matters, so it won't be sept under the carpet as has been done so far.

Funny with the allegations of PDP. Why must we always blame it on somebody. Cry wolf, blame the villagers, the evil aunty, the black cat that crossed by. Why can't just be what it is.

So a wrong has been done, they told you to buzz off!, refuse to acknowledge all gentlemanly communications, what do you do really?

In any case, the release made by the CPC on its website and facebook about the matter further serves as evidence for court proceedings so all is not lost.
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 5:02pm On Apr 01, 2011
@Honeric

Rejoinder to Buhari/Bakare/CPC Campaign Rebuttal
Blog Posted: 2011-04-01
1. Bluelabs, the lawful holder of the copyright in the TransformationSong, have at no time published the song on Youtube and are therefore not subject to Youtube’s terms and conditions of service. As previously indicated, the Blue Labs video was posted on transformationng.com. Therefore, Blue Labs have at no time whether by actual or deemed licence authorised any person to use the Transformation Song.

2. Even if the CPC claim their donor obtained the soundtrack from Youtube, Youtube’s Terms of Service provide in paragraph 6D as follows – “You further agree that Content you submit to the Service will not contain thirdparty copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.” AND THIS IS THE CRUX OF OUR GRIEVANCE!! Blue Labs never submitted the video to Youtube, is therefore not subject to their terms of service, and any user of their copyrighted material on Youtube infringes the Terms of Service of Youtube.

3. The maker of the video is irrelevant to whether or not the broadcast by the CPC on all its official e-channels constitutes infringement. The CPC for all intents and purposes is the broadcaster of the infringing video and is liable for its actions. It behoved upon the CPC Organisation to carry out due diligence before accepting such gifts from its supporters.

4. The excuse that other people have used the Transformation Song is akin to saying ‘we have all at one time or the other stolen, why is it my theft that hurts you?’ It is an argument that cannot stand the test of even rudimentary logic. The song was designed to be a campaign song – had any other political personality or entity used the song since it was produced? Are any of the other alleged videos canvassing political support? Most importantly, how does thealleged presence of these other videos amount to a waiver of all enforcement action?
Bluelabs reserves its constitutionally guaranteed right to enforce its proprietary interests as it deems fit.


http://buharistoleouridea.com/art.php?id=8
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 5:01pm On Apr 01, 2011
@Honeric

The Facts
Blog Posted: 2011-04-01
If everyone that got cheated, laid back and sulked, how will justice prevail?

While many Buhari supporters complain and insult us (understandably) here are the facts:

9th August 2010 - Bluelabs issued a brief to Cobhams Asuquo Music Productions (CAMP) to write and compose the transformation song. See the brief document

31st August 2010 - CAMP delivered the final version of the Transformation Song with lyrics to Bluelabs. See the release document

13th October 2010 - Bluelabs Published the song and video (Transformation - A youth revolution). www.transformationng.com

28 March 2011 - It came to our notice that Buhari Campaign had used the song without permission and gained favourably so, from the action

29th March 2001 - Travelled to Abuja to CPC HQ with our lawyers (Trenchard Partners) to discuss the issue amicably and deliver a cease and desist letter while demanding for compensation within 48 hours.

30th March 2011 - After all attempts to see Alhaji Wada Maida (CPC DG, Media) failed and after non-progressive to interaction with the CPC officials we came in contact with. We met with a friend (A sub committee member in the party) who promised to liase with the CPC and get back to us unfailingly by C.O.B 31st March.

31st March 2001 - (AM) Got contact from a Chike Madegbuna who claims to be in charge of the website team, and insists we have our facts wrong despite our submitted evidence and document unlicensed use of the work on all CPC official e-channels (Facebook, Twitter, Youtube). He asked to meet next week to discuss (We are still waiting)

31st March 2001 - (AM) We noted that CPC deleted the material from their official e-channels (facebook, website, twitter). This was done without notice to Bluelabs as was in accordance with the letters prepared by our lawyers and is viewed as an attempt to dispose of evidence.

31st March 2001 - Got contact from C.A.M.P that certain CPC personnel contacted them to obtain the rights to use the song (quite belated and dishonestly)

31st March 2001 - (PM) 48 hour notice issued to CPC expired without any official contact.

1st April 2011 - Our Lawyers initiated filing of legal proceedings with CPC in the courts.

http://buharistoleouridea.com/art.php?id=7
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 5:00pm On Apr 01, 2011
@ honeric01

Copyright in Nigeria is regulated by the Copyright Act, Chapter C28, Laws of the Federation of Nigeria 2004, referred to hereafter as ‘the Act’.

Section 1 of the Act lists the material or work that is eligible for copyright as literary works, musical works, artistic works, cinematographic films, sound recordings and broadcasts. The section provides further that literary, musical or artistic work will only be eligible for copyright where ‘sufficient effort has been expended on making the work to give it an original character;’ and ‘the work has been fixed in any definite medium of expression now known or later to be developed, from which it can be perceived, reproduced or otherwise communicated, ’

Section 2 confers copyright on every work eligible for copyright of which the author is an individual who is a citizen of or is domiciled in Nigeria; or a body corporate incorporated under the laws of Nigeria.

Section 6 of the Act describes the general nature of copyright. According to this section, ‘copyright in a work shall be the exclusive right to control the doing in Nigeria , in the case of a literary or musical work, to do and authorise the doing of the following acts –


i. Reproduce the work in any material form;

ii. Publish the work;

iii. Perform the work in public;

iv. Produce, reproduce, perform or publish any translation of the work;

v. Make any cinematographic film or a record in respect of the work;

vi. Distribute to the public, for commercial purposes, copies of the work, by way of rental, lease, hire, loan or similar arrangements;

vii. Broadcast or communicate the work to the public by a loudspeaker or any other similardevice;

viii. Make any adaptation of the work;

ix. Do in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-paragraphs (i) –(vii) of this paragraph.’

With regard to first ownership of copyright, Section 10(1) of the Act provides copyright shall vest initially in the author of an eligible work. Section 10(2) provides that where a work is commissioned by a person who is not the author’s employer, or not having been commissioned, is made in the course of the author’s employment, the copyright shall in the first instance belong to the author, unless otherwise stipulated in writing under the contract.

Section 15 of the Act states that ‘copyright is infringed by any person who without the licence or authorisation of the owner of the copyright does or causes any person to do an act, the doing of which is controlled by copyright’.
With regard to defences against an action for infringement, the Act provides in Section 16(3) that ‘if it is proved or admitted that an infringement was committed but that at the time of the infringement the defendant was not aware and had no reasonable grounds for suspecting that copyright subsisted in the work to which the action relates, the plaintiff shall not be entitled under this section to any damages against the defendant, ’(emphasis mine) ISSUES FOR CONSIDERATION

1. Is the Transformation Song eligible for copyright? According to the law, Yes, as it is an original work made by a Nigerian individual or company.

2. Who owns the copyright to the Transformation Song? According to the law, first ownership would vest in the Cobhams Asuquo Musical Production Company (‘CAMP’). However, it has been agreed in writing by Blue Labs (who commissioned the work) and CAMP (who produced the work) that copyright in the work is vested in Blue Labs. Therefore, Blue Labs owns the copyright to the Transformation Song.

3. Does the use by Buhari/Bakare and the CPC constitute infringement? According to the law, Yes. Blue Labs is currently vested with the exclusive right to broadcast, reproduce, publish or make any adaptation of the work. The Buhari/Bakare Campaign Organisation and the CPC have done with the Transformation Song what they would only have been entitled to do if they had obtained authorisation or a licence from the owner of the copyright to the Transformation Song (i.e. Blue Labs).

4. Are Buhari/Bakare and the CPC liable for the infringement? Yes. It is untenable for them to say that they had no reasonable grounds to suspect that copyright subsisted in the Transformation Song. The song has lyrics, so it must have been composed by someone. The lyrics in the song are set to music, indicating that it must have been composed by someone. Where there is obviously an author, and where thelyrics of the song suggest that it is actually a recent composition, it would be extremely tenuous to suggest that no reasonable grounds existed for suspecting that copyright subsisted in the work.

CONCLUSION

The facts of this matter and the relevant law are clear and leave very little room for controversy, in our opinion. As practitioners of intellectual property law, it is our duty to assist our clients in protecting their intellectual property rights when violated, regardless of when the violation occurred or who the violators are. In our opinion, given the law as it stands today, our clients (Blue Labs) have been wronged and there is a need for this wrong to be addressed.

Rotimi Fawole
Trenchard Partners
Legal Practitioners
Counsel to Blue Labs


http://buharistoleouridea.com/art.php?id=6
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 4:29pm On Apr 01, 2011


Its a shame really, steal a lot of money as a big public figure, go free, steal 1000 naira, go to jail for poor men.

Stand up for your right against a big public figure when you have been truly wronged, get labelled a blackmailer. , real shame, where no one stands up for the little guys, no one checks the truth, everybody assumes you can't be telling the truth.

CPC is wrong here and the ideal thing will be to do the honourable thing, apoogise and move on. This is what happens when you stomp you wait around
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 2:57pm On Apr 01, 2011


@9ijaMan Nothing is over till they publish every evidence they claim to have. Talk is cheap. Let them publish alleged recorded calls, and all the ther things they claim. Simple!


Whether Buhari wins or loses the elections, he still has to pay for wrong uses of intellectual property. It doesnt get simpler than that.
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 2:53pm On Apr 01, 2011

@Wadoye - 2. Even if the CPC claim their donor obtained the soundtrack from Youtube, Youtube’s Terms of Service provide in paragraph 6D as follows – “You further agree that Content you submit to the Service will not contain thirdparty copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.” AND THIS IS THE CRUX OF OUR GRIEVANCE!! Blue Labs never submitted the video to Youtube, is therefore not subject to their terms of service, and any user of their copyrighted material on Youtube infringes the Terms of Service of Youtube.

3. The maker of the video is irrelevant to whether or not the broadcast by the CPC on all its official e-channels constitutes infringement. The CPC for all intents and purposes is the broadcaster of the infringing video and is liable for its actions. It behoved upon the CPC Organisation to carry out due diligence before accepting such gifts from its supporters.


If CPC produces their agent that produced the video, They will sue him/her too. SHikena!
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 2:32pm On Apr 01, 2011
Buhari's team don enter wahala, this is why it is good not to steal grin

http://buharistoleouridea.com/art.php?id=8

Rejoinder to Buhari/Bakare/CPC Campaign Rebuttal
Blog Posted: 2011-04-01
1. Bluelabs, the lawful holder of the copyright in the TransformationSong, have at no time published the song on Youtube and are therefore not subject to Youtube’s terms and conditions of service. As previously indicated, the Blue Labs video was posted on transformationng.com. Therefore, Blue Labs have at no time whether by actual or deemed licence authorised any person to use the Transformation Song.

2. Even if the CPC claim their donor obtained the soundtrack from Youtube, Youtube’s Terms of Service provide in paragraph 6D as follows – “You further agree that Content you submit to the Service will not contain thirdparty copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.” AND THIS IS THE CRUX OF OUR GRIEVANCE!! Blue Labs never submitted the video to Youtube, is therefore not subject to their terms of service, and any user of their copyrighted material on Youtube infringes the Terms of Service of Youtube.

3. The maker of the video is irrelevant to whether or not the broadcast by the CPC on all its official e-channels constitutes infringement. The CPC for all intents and purposes is the broadcaster of the infringing video and is liable for its actions. It behoved upon the CPC Organisation to carry out due diligence before accepting such gifts from its supporters.

4. The excuse that other people have used the Transformation Song is akin to saying ‘we have all at one time or the other stolen, why is it my theft that hurts you?’ It is an argument that cannot stand the test of even rudimentary logic. The song was designed to be a campaign song – had any other political personality or entity used the song since it was produced? Are any of the other alleged videos canvassing political support? Most importantly, how does thealleged presence of these other videos amount to a waiver of all enforcement action?
Bluelabs reserves its constitutionally guaranteed right to enforce its proprietary interests as it deems fit.
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 2:20pm On Apr 01, 2011
I understand people's fear that it maybe a smear campaign but let us look at the facts closer shall and discover why CPC is crying wolf:


First Contact with CPC - http://buharistoleouridea.com/art.php?id=5

What is the relevant law? - http://buharistoleouridea.com/art.php?id=6

The Facts - http://buharistoleouridea.com/art.php?id=7


After all these, i think CPC should have done what is right dicussed with Bluelabs when they apprached for discussion and cleared up the issue. Now they are heading to court. what a shame for Gen. Buhari
Politics / Re: 'Buhari Stole Our Idea', Says Bluelabs Limited by ejunkie(m): 2:14pm On Apr 01, 2011
I understand people's fear that it maybe a smear campaign but let us look at the facts closer shall and discover why CPC is crying wolf:


First Contact with CPC -  http://buharistoleouridea.com/art.php?id=5

What is the relevant law? - http://buharistoleouridea.com/art.php?id=6

The Facts - http://buharistoleouridea.com/art.php?id=7


After all these, i think CPC should have done what is right dicussed with Bluelabs when they apprached for discussion and cleared up the issue. Now they are heading to court. what a shame for Gen. Buhari
Politics / Re: A Revolution In The Making Buhari Bakare (Tears Of Joy) by ejunkie(m): 8:22pm On Mar 31, 2011
[size=15pt]http://buharistoleouridea.com/index.php[/size]


Amazing that Buhari and Bakare with their banner of honesty and integrity will do this to hardworking Nigerian youth. Disgusting really.
Music/Radio / Re: Transformation (Nigeria) By Omolara, Produced By Cobhams by ejunkie(m): 11:04am On Mar 28, 2011
Music/Radio / Re: Transformation (Nigeria) By Omolara, Produced By Cobhams by ejunkie(m): 10:21am On Mar 28, 2011
[size=15pt]The transformation song is owned by a company called INK Brand Agency. They commissioned and paid Cobhams to write and produced the song. The lara chic sang the lyrics. It is not a Buhari song. Its is part of the company's effort @ driving youth towards change in Nigeria.

See the website for the transformation project. The official video is there as well www.transformationng.com[/size]
Politics / Re: Buhari Likely To Win Under Free And Fair Election - John Campbell by ejunkie(m): 6:57pm On Mar 19, 2011
Buhari doesn't cut it simple, attack Goodluck for all you want (God know i still do my fair share) But Buhari is not it, in addition, the man is old and dying, another Yar Adua, No way!!!
Politics / Re: Buhari Likely To Win Under Free And Fair Election - John Campbell by ejunkie(m): 6:50pm On Mar 19, 2011
[size=15pt]

Indeed vote Buhari and start complaining about his high-handedness 8 months later

My vote counts
[/size]
Politics / Re: Obasanjo's Testimony Of Buhari. by ejunkie(m): 4:18pm On Mar 19, 2011


Jonathan hasn't failed.

Good to know Buhari has found another misdirect to use as a cheap shot. I will vote Jonathan for president. BRF for Governor. Shikena!

With regards to the Dbanj interview. Heard it was pre-recorded and much so, about 4 weeks ago when he paid a visit to the president. So lets get over all the abuses and move on to Election day.

When you vote make you vote count for Goodluck Jonathan

Open you eyes, vote, protect your votes, report via BB, SMS, or the internet - don't fall for any emotional mumbo jumbo. My Vote counts
Politics / Re: Obasanjo's Testimony Of Buhari. by ejunkie(m): 4:17pm On Mar 19, 2011


Jonathan hasn't failed.

Good to know Buhari has found another misdirect to use as a cheap shot. I will vote Jonathan for president. BRF for Governor. Shikena!

With regards to the Dbanj interview. Heard it was pre-recorded and much so, about 4 weeks ago when he paid a visit to the president. So lets get over all the abuses and move on to Election day.

When you vote make you vote count for Goodluck Jonathan

Open you eyes, vote, protect your votes, report via BB, SMS, or the internet - for fall for any emotional mumbo jumbo. My Vote counts
Politics / Re: Buhari Likely To Win Under Free And Fair Election - John Campbell by ejunkie(m): 4:02pm On Mar 19, 2011
Buhari started co-founded ANPP to fuel his presidential ambition, when it became a democratic affair he suddenly left to start CPC and has the likes of Mohammed Abacha (a proud and arrogant son of the worst dictator in history) on his team as a Governorship candidate, a convenient deal?

Buhari is seemingly honest, seemingly. The Man's idea's doesn't fit into today's world. besides he will try to force all his opinions through just as he did it on he party level. common to stand down for Ribadu and help mentor him for leadership fafafa , foul.


Buhari is goo at one thing, whipping up sentiments. We will still vote for Goodluck and we will cast our votes and report it. My vote counts
Politics / Re: Reason Why Jonathan Did Not Attend The Presidential Debate by ejunkie(m): 3:34pm On Mar 19, 2011
stildude:

Ppl End it already! You don't want to vote GEJ go ahead vote who ever you want, the rest of us will vote GEJ. The rest of us are more than the rest of you - name callers and and tribal and religious fanatics. Voting won't be done on Nland any way but with real people with real names. Some are calling for violence, yet you are in your mansions, and your families are abroad. We are everyday people like Jonathan. Most of the people crying cos GEJ didn't  attend debate are pro BB and others already. I think you are disappointed cos Your plans to embarrass the president didn't work. Our people say the stone you see flying towards you will not hit you in the eye.  Leave the president alone, if you non want vote carry go. Even if  he does not win the election, he already a blessed man.  Now enough of Goodluck matter, and wipe your eyes, quit nagging like lil babies.

I feel you ja'are. Ideally JG shuld go to a debate. regardless he has engaged Nigerian's long before Buhari and Ribadu got their acts together going back and forth with their confused merger talks which their individual selfish agendas prevented from ever happening.

- Buhari is a my way or the highway fellow.

- Ribadu is an emotional elitist strong head ( even the grass roots north don't dig him, hence why he's using Fashola's goodwill unabashedly).

- Shekarau, now this is a well spoken mister Kudo's but even track record in Kano get plenty k-leg (as was seen on BBC hardtalk)

I vote for Goodluck. I will also hound him till he gets it right with his advisers and as be there to protest once he goes off the plan.

My vote counts
Politics / Re: Obasanjo's Testimony Of Buhari. by ejunkie(m): 1:42pm On Mar 19, 2011
samix:

You should be given the title of the dumbest person on earth, what will now count??

Oh really dumb folk how? That i have an opinion that doesnt follow yours. You are a dafty. Buhari should carry his 'carrier pigeon' ideas and sit down while enjoying the praises of his people.

Presidency is not for him. Sorry, but hope that doesn't blow your moronic mickey mouse brain.

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