THE chief of the legal division of the Optical Media Board (OMB) stressed yesterday that only the sellers of pirated copies of copyrighted materials like video and audio discs are penalized under the country’s anti-piracy law.

Atty. Cocoy Padilla pointed out that the buyers or possessors of the same are not criminally liable under Republic Act 9230, otherwise known as the Optical Media Act of 2003.

Only those engaged in the manufacture and selling of pirated goods can be punished, Padilla stressed in a television interview.

“The purchase of DVDs (that are not original but) not used for commercial activities does not entail liability based on the law on optical  media. Those in the possession of the same, but who do not sell them, are not penalized,” said Padilla in the vernacular.

Padilla’s comments came on the heels of an allegation that Presidential Political Adviser Ronald Llamas has purportedly bought pirated DVDs at a mall in Quezon City.

“If mere possession, there’s no penalty. That is what is stated in the law. We can only act based on the authority granted us by law,” the anti-piracy lawyer said.

Meanwhile, Secretary Herminio Coloma, Jr., reiterated President Beigno Aquino’s position that the purported purchase by Llamas of pirated discs is not among his top priorities at the moment.

“That’s a statement that when viewed vis-à-vis the overall agenda of the President as the leader of our nation, there are more pressing problems and other issues that must be addressed,” said Coloma, also in Filipino.

Meanwhile Fr. Jun Mercado on his Facebook page offered this view:

"I do NOT believe in that anti piracy law...! It is anti poor! The imitations and copies make the items available for the poor... I know that llamas can afford... but the price of the originals is a real highway robbery. If items are priced modestly, people would prefer the originals... NO need of that anti piracy law... This law is imposed by the rich countries to protect their interests -- plain and simple! Until these capitalists change their ways... I would encourage the poor to continue enjoying copies... destroy the cartel and the monopoly under the guise of intellectual property rights!"

Malacañang tossed to Llamas the decision to quit his post or not over the controversy stemming from his purchase of pirated DVDs.

"We are supposed to be role models so I think it's important, incumbent on us public officials to behave in accordance with the law, to behave in support of our drive, in whatever drive the government has launched and one of them being the drive against intellectual piracy," Presidential Spokesperson Edwin  Lacierda told  Palace reporters yesterday.

Asked if Llamas should resign, the President's Spokesman said resignation is a "personal decision" for Llamas.

However, he said that technically, Llamas violated no law since the purchase of pirated materials is not penalized under the Optical Media Act of 2003.

Lacierda however  was mum if sanctions will be imposed on Llamas, pointing out  the matter would first have to undergo a process.

Lacierda said Llamas is expected to publicly respond to the allegation after speaking to the President.

Amid the brouhaha, Lacierda reiterated the government remains serious in its fight against piracy.

"We remain firm in our fight against intellectual piracy and all its forms," the Palace spokesman said.