Painting Black: Rip-offs

Rip-offs

I remember bringing a copy of our college lit folio in the office where I used to do my practicum in HR. The HR Manager saw it and read some of the poems. He particularly liked one Tagalog poem so I asked him if he also does poetry. I find it nice that he did but I was puzzled when, during our break, he photocopied this Tagalog poem, crossing out and substituting the words he didn’t like. I was shocked when I found out that he was in the process of creating HIS poem! I didn’t own the poem but I felt insulted for the writer. It was unfair!

Just yesterday, I learned that no less than the music correspondent of PULP magazine accused the Pinoy band Orange and Lemons of ripping off the song Chandeliers by Care, an 80s British duo. This rip-off, she said, is evident in the now popular song “Pinoy Ako,” of ABS-CBN’s reality show Pinoy Big Brother. She said that people should hear both Chandeliers and Pinoy Ako to make their own conclusions. Apparently, the writer is a friend of the other half of the Care duo and she just wanted Orange and Lemons to apologize to them (Care). The music writer even keeps a thread of emails sent by OnL to the egroup where they both belong, admitting that they indeed sort of used Chandeliers for the music of Pinoy Ako. Yet, last Sunday edition of the Manila Bulletin, OnL stood their ground and defended that although their influences include 80s new wave, Pinoy Ako is an original composition note per note, adding that if there are any similarities, it can only be the intro and nothing more. This after having admitted that they were listening to Chandeliers in the process of rendering music to Pinoy Ako. Sheesh…I know, it looks to me as in-your-face copying only pretending to be discreet. It’s also interesting to note that when asked about the origin of their name, OnL admitted that they got it from XTC’s (another 80s band) album entitled tadaah! - Oranges and Lemons. Okay, you connect the dots.

It’s a pity that we continue to steal other people’s work – consciously or unconsciously. I’m not saying that Orange and Lemons really stole the melody of Chandeliers. I honestly am not quite familiar with their music. But just the same, it is frustrating. I hope we were seriously taught the value of quotation marks when we were still small…and the importance of giving credit to the source of our research or paper or music or poem. A simple “inspired by” would have made a whole lot of difference.

4 Comments:

Anonymous Anonymous said...

http://www.mb.com.ph/issues/2005/10/16/ENTR2005101646835.html

Music writer blows whistle against Orange and Lemons
   
By KAYE VILLAGOMEZ
The sore truth is that pop band Orange and Lemons ripped-off "Chandeliers" by ?80s duo The Care and used the melody for "Pinoy Ako" according to music correspondent Giselle Roque who beseeched Manila Bulletin after she read an article this broadsheet published last Oct. 5.

"When I was posting e?mails that certain artists did not ask permission [from The Care] and copied ?Chandeliers, I did not mention Orange and Lemons. But they were the ones who reacted and posted their own defense in turn so that was the time that established na kinopya nila talaga yung kanta," Roque, who is also the niece of rock icon Sampaguita added.

"?We did make it Carish? went Orange and Lemons ?admission? and they have the guts to say that these are two different songs?" pointed out Roque, who is a friend of Paul Simpson, who wrote and sang "Chandeliers" for the album "Diamonds and Emeralds."

The other half of The Care duo is Ian Broudie. "Chandeliers" was credited to Broudie/Simpson, like the rest of the songs in the said album, published under Warner Chappell, Ltd. The Care, which was formed in 1983, was most noted for the singles "My Boyish Days," "Flaming Sword," and "Whatever Possessed You."

Roque disclosed to the Bulletin that she could not believe it when Orange and Lemons posted on an e-group mail she received that they were just waiting to be noticed by Simpson and his camp. "They said, At last, this is just what they?ve been waiting for to get noticed. They also said that at least now, people are researching The Cares music. My point is how could people research it if you don?t acknowledge that you got the song from The Care? Ang isinagot ni Clem (Castro of Orange and Lemons) ?E bakit kami magpapaalam? Magpasalamat pa nga ang The Care at pinasikat namin ang kanta nila. It was really frustrating. They even wrote, Do we have to find people who are avid fans of The Care and ask permission from them? Well, if they?d ask me, they didn?t have to track down Care fans, only the person who wrote the song they ripped?off."

She further revealed that "Orange and Lemons said that they were pressured and did not know what else to do. Since they were listening to The Care, to that effect, they decided na puwede ang Chandeliers. I have the e?mail from Orange and Lemons to prove this including the time line explaining they had to rush the song because ABS-CBN gave them barely a week to do it and record the video for Pinoy Ako."

The said ?time line,? Roque gathered, came up when earlier queries were thrown against the band in certain e?groups both Orange and Lemons and Roque belong to.

She continued, "At that time they were commissioned to do the melody of the song, they were listening to The Care and thought that it?s some sort of natural tendency to come out with something that sounds like but I?ve heard of ?Pinoy Ako? and that?s not katunog. When I heard on board a bus, I was almost sure that ?Chandelier?s? lyrics are next after the intro so you could just imagine the shock when Tagalog lyrics settled in! I was like ?Oh my God! What is this?? I didn?t know who ripped the song off that time but same thing, I thought ?This is very sad. This is very frustrating.? Then, somebody from the States e?mailed me that they saw it on ABS?CBN?s ?Big Brother.?"

Meanwhile, ABS?CBN?s official statement on the issue was: "ABS-CBN commissioned Orange and Lemons to compose the music, arrange and perform an original song, ?Pinoy Ako,? as the theme of ?Pinoy Big Brother.? Any inquiry with regard to this matter should be addressed to the band and Universal Records (Orange and Lemons music label)."

A staunch believer of Indie musicians and OPM, Roque was prompted to come out after she read the band?s denial in the Bulletin, which she described, "Dumbfounding. How could they (Orange and Lemons) deny they copied the song when I have all the e?mails to prove them wrong?" noted Roque who has been a music writer for Pulp music magazine since 2003.

Paul Simpson happened to be in constant correspondence with Roque "and as a friend of Paul, it?s unfair for Orange and Lemons to rip-off his song without asking for Paul?s permission. They know very well that I can relay the message for them; instead they apologized to me saying ?apologies to ma?am Giselle;? and that they?re sorry if it caused me sleepless nights, that they are willing to treat me out for coffee?which I felt was very insulting?and the best part is that they said they?re sure that The Care wouldn?t mind. I replied to that e?mail and said ?why are you apologizing to me?? They never apologized to Paul or Ian Broudie about the whole event!"

The bottomline was, told Roque sharply is that, "Orange and Lemons are making it sound as if it?s OK to copy melody of a foreign song then use it in their own song that ironically speaks about Filipinos."

Roque said she had a hard time believing that the local act did rip?off "Chandeliers." She stressed, "I?ve long heard [of] rumors long before ?Pinoy Ako? became a hit that the song is parehong-pareho ng ?Chandeliers? but of course I did not want to believe because the people from Orange and Lemons are my friends. In fact it was me that firstly introduced them through Pulp magazine and before they were featured, my editor then had to ask me if I really know them. It was quite a struggle before I finally came out with the feature that started their rise."

Because she had been in constant connection with Simpson, Simpson?s Brit music label Skyray and the label?s representative Nick Halliwell, Roque notified the concerned individuals. "Right now, they are waiting for a move from Warner Chappell?s because they own the rights of the song," Roque revealed.

Asked why she decided to come out with these allegations, she replied, "Paul is my friend but other than that, I have no stake in this thing. Nothing. I just happen to know the truth and I don?t mind sharing it with people who may have been humming a song they believed [to be] original. You just have to listen to both songs to conclude that it?s a violation of intellectual rights."

Ito ang lalong nagpatotoo galing mismo sa egroup ng orange and lemons,
Choose to be blind! I don’t really really really really really really really care but to deny that they indeed copied the song, that is ONL’s big problem. I used to be a fan but now things are just really looking stupid for them! and for those who look the other way! ‘tang ina naman Macoy! Wag ka nang deny ng deny eh inamin mo pa nga sa egroup diba? Leche ka and that guy from toyota eric salvador! butingtingin mo na lang eric ang mga partes ng toyota at baka mademanda pa ang gagamit ng fx kasi imbis na binubusisi mo ang trabaho mo eh hanggang sa trabaho mo eh egroup ng ONL ang inaatupag mo!

Ibig mong sabihin eh swinusweldohan ka ba ng toyota para i-defend ang ONL or paki-alaman ang egroup nila?

gusto mo rin bang sumikat eh parang ONL, kilala ka ring magnanakaw ng CD sa tower records!

Kung gusto ninyo malaman kung gaano kagago ang tao sa ONL eh ganito, nung nilabas una sa manila bulletin noong october 5 yung pinakaunang denial nila eh inatake nila yung writer, nung october 16 naman, nung pinagtabi ang write-up ng ONL tapos yung babae na nag-expose’ sa kanila eh yung girl naman na iyon ang inatake. giselle ata ang pangalan noon. Nung lumabas naman sila sa inquirer eh sabi naman ng onl eh di naman nila alam ang The Care or such song exists tapos eto email si macoy na hindi raw iyon ang sinabi niya at misquoted daw siya! Take note, sa egroup nila, di nilabas ang write-up ng onl sa bulletin, yung expose’ lang tapos nag-react si Sidney Prescott yung ungas na dating may - ari ng amoeba dito sa libis! Ang bakla, siniriaan yung giselle e di naman niya kilala!

Para magkaalaman na, nung itong si Sidney Prescott alyas bryan na may banda na Guz Condo ay hawak pa ang amoeba, ang pinapakain lang sa mga tumutugtog na banda ay galunggong at tuyo with matching toyo at kanin!

Ganyan kababa ang tingin niya sa mga bandang pilipino EH PILIPINO NAMAN DIN SIYA na yung nanay nakapag-asawa ng americano kaya siya nakapag-aral abroad pero lumalabas ang katotohanan na baduy siya eh YUN ANG TINGIN NIYA SA MGA BANDA NATIN!

Oh sige, makisama kayo sa onl at pati egroup nila para sikat din kayo. Sikat na baduy! Sikat na sinungaling!

Igihan nyo pa!

correction, dati palang may hawak ng amoeba at kasi sarado na, di ba bryan alyas sidney prescott?

Ito ang poste nila sa egroup….thread 8701!

From: “cranehead”
Date: Tue Aug 16, 2005 2:30 am
Subject: Re: Pinoy Big Brother Song cranehead
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hahahahahah! i expected that reaction eric. it’s true that it was
inspired by the care’s diamonds and emeralds and chandeliers. i won’t
deny it. what you heard in gweilos was a very rough version. here’s
the story behind that song:

July 22 — i receive a notice that Star Records will commission us to
do a remake of Big Brother Soundtrack (western version). The song was
ok so we agreed to do it.

July 25 — another notice saying that star records prefers a tagalog
version and that the deadline for the final master would be july 31.

July 26 — i received the lyrics from jonathan manalo and decided
against adapting the original soundtrack coz i personally felt it wont
work. so i came up with a new melody line. at that time my playlist
includes Diamonds and Emeralds album hence the inspiration and
adaptation not minding if abs cbn would like our version.

July 29 — i presented the music to star records and guess what they
dig our version.

July 30 & 31 — proper recording in the studio.

Aug 1 — submission of final master

Aug 2 — Video Shoot of the Song Pinoy Ako.

As you see that song is a product of pressure. and i only did what
came naturally to me with regards to the music. the end result was
very favorable to us. i personally like it and proud of it. And for
you to fully scrutinize the song i’m gonna upload it in the file
section. No worries about lawsuits, im sure the care wouldn’t mind.
our guitar and banduria intro notes are way different from chandeliers
and as for the melody line we never exceeded the 7 note rule. this
version has a clear pinoy taste if i may say so and injected our
originality in it. but i would appreciate any further comments from
you mate.

Pinoy Ako! haha!

— In orangeandlemons@yahoogroups.com, “eric76_salvador”
wrote:
> Its the first time I heard the song last night at Gweilo’s Makati. I
> thought the band was joking around because after they announced the
> next song as the PBB song, they played the intro to
> Care’s “Chandeliers”. When Mcoy sang in Tagalog, that’s when I
realised
> that its a different song.
>
> I was going to sing “Your eyes are chandeliers..” sana e. Langya,
> plakadong-plakado yung song!Dedemanda kayo ng Care nyan hahahaha!
>
> eric

NATUWA PA ANG MGA GAGO KASI MGA POSER!

eto pa, message 9251 thread:

From: “cranehead”
Date: Sat Sep 3, 2005 5:45 am
Subject: [orange and lemons] Re: OnL’s Pinoy Big Bro song reminds me of The Care. (to colourfield) cranehead
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Salamat Eric, my intention of making that particular song sound
Carish has received a lot of both positive and negative feedbacks.
but has served my purpose. Now many are wondering who the
hell “Care” is. You might like to give a few inputs mate about them
and their works or if you have previous reviews of their songs and
album. Whoever is really making the music for the Care songs I
respect and love so much just like the level of enthusiasm i had for
Morrissey’s lyricism/performance and Johnny Marr’s music.

don’t worry eric, just like you, i’m neither one of them…

Clem

“I want the one I can’t have, and it’s driving me mad…”

— In orangeandlemons@yahoogroups.com, “Eric Salvador”
wrote:
> bro. colourfield,
>
> Hope you’ve come to a decision to buy OnL albums upon hearing
their songs. I think you’re also into new wave like some of the
members here. If so, I’m sure you’ll enjoy OnL albums.
>
> Regarding the Pinoy Big Brother song, well, there’s this 7 note
rule pala when it comes to songs. If you reach the 7th note sounding
like another song then you’re ripping off the work of another
artist. I don’t think Pinoy Ako reached that 7th note limit though,
but I can also understand the reaction people have over the song.
>
> Anyway, its quite evident that OnL have a penchant for writing
astounding original music on their own based on the albums they’ve
come out with. I hope that with those merits, palampasin na lang ito
ng iba’ng tao.
>
> Tutal, Pinoy Ako, is a great song, and if I we’re Simpson or
Broudie, I’ll be flattered with it. Sadly though, I’m neither one of
them.
>
> eric

Oh ano?! Di ba? di ba clem ikaw yan? May hell ka pang alam! Burn in it pare! Sama ka diyan Eric Salvador alyas eric76_salvador@yahoo.com o eric.salvador@toyota.com.ph. Ma litson ka sana. Ang kwento ng dalawang bolerang bakla sa ONL egroup say yahoo egroups.

Eto pa! Ngayon, ano ang masasabi ninyo?

From: orangeandlemons@yahoogroups.com
> [mailto:orangeandlemons@yahoogroups.com]On Behalf Of colourfield169
> Sent: Friday, September 02, 2005 7:43 AM
> To: orangeandlemons@yahoogroups.com
> Subject: [orange and lemons] Re: OnL’s Pinoy Big Bro song reminds
me of
> The Care.
>
>
> Yup, the band could expect these reactions from people who are
> familiar with Ian Broudie’s and Paul Simpson’s work (mga new wave
> generation). Sa unang dinig kasi talaga ng Pinoy Ako, ay mukha
> syang parehong-pareho sa Chandelier.
>
> But if you would play the two songs, particularly the two intros,
> one after the other, syempre richer ang tunog ng Chandelier, pero
> iba nga notes sequence ng Pinoy Ako tulad ng sabi ni Clem,
although
> mukhang same chords. May differences din sa melody line. Yung
bass
> sequence at drums lang ang sa dinig ko ay pareho.
>
> But what could you expect nga naman kasi hora-horada kung
> magpacommission ng work itong Star Records para sa theme song ng
PBB.
>
> New here nga pala, just joined to check mp3 samplers and decide
> whether to buy OnL’s CDs or not.
>
>

Halatang wala na ngang alam sa music yung nakadinig eh NAHALATA PA KAYO?!

Ito ang sabi nila naman sa inquirer:

“We have no malicious intent,” says vocalist
and guitarist Clem Castro. “In fact, we’re not even
aware that such songs already exist.”

Ha? Eto o, bistado na kayo po! Inamin, binawi, binawi, binawi. ano ito, eat bulaga?

Huli na lang ito para sa mga dudero at dudera at sa mga may matang bukas ngunit walang nakikita at sa mga nakakarinig na nagbibibingibingihan!

From: sancho
> > > Date: Fri Oct 21, 2005 11:24 am
> > > Subject: Re: [eraserheads] pinoy pinoy tayo…be
the judge!
> > >
> > > To lay all doubts to rest, here’s an mp3 file na
comparison
ng
> Pinoy Ako and
> > > Chandeliers. On the right speaker, you’ll hear
Chandeliers,
on
> the left is
> > > Orange & Lemons supposedly original composition.
Best
heard on
> your
> > > headphones. Wattashame!
> > >
> > > http://www.4shared.com/dir/100649/ac4043f0
> > >
> > > — snip –
> > >
> > > i attached the mp3 file - sa mga naka web mode,
you can
download
> the mp3 at
> > > http://www.4shared.com/dir/100649/ac4043f0
>

Mabuhay kayong lahat at kunin na ni Lord!

MATAKOT KAYONG MAGING MIYEMBRO NG EGROUP NILA KASI KUNG SABIHIN NINYO NA PAREHO TALAGA EH KAKATAYIN KAYO NITONG MGA BAKLA NA ITO, ERIC SALVADOR, SIDNEY PRESCOTT ALIAS BRYAN, yung bakla na ayaw magpakilala sa email na i”m_your_papi38@yahoo.com.

Kayo rin!


Oh, di pa kayo pagod? Eto pa ang sinabi ni eric salvador, ang tinitingalang new wave guru ng Orange and Lemons, thread 10883.

From: “Eric Salvador”
Date: Wed Oct 12, 2005  3:39 pm
Subject: RE: [orange and lemons] about their case? RESPECT THE BANDS! Part 1 eric.salvador@…
Send Email

…continued…

I don’t think OnL’s “mistake” was made from the copying of that Care song, the
mistake lies on the notion they’ve given to the masses that it was indeed an
original song…a song that was entirely their own. Siguro kung noong una pa,
openly they admitted that the song was based on a foreign song and that parts
were copied from it, wala’ng ganito’ng issue. Tapos agad ito. Anyways, OnL is
still relatively new to the biz. In my opinion, OnL is still capable of rising
from this mess. They are talented artists with brilliant songwriting abilities.
“Pinoy Ako” is just a one-off. Sabi nga ni Clem sa akin, “hindi na mauulit yun”
with a bit of wry smile on his face. At times, sa basketball, me off-night ang
star player…ganito din ang kaso ngayon.

Crab Mentality. I guess I used these words in defense of the band’s previous
works na na-discredit dahil lang sa “Pinoy Ako” song. Unfair kasi yun. Ang
gumagawa lang ng ganun, mga utak-talangka talaga. But I won’t use this crab
mentality as an excuse for “borrowing” parts of a song. It doesn’t justify the
issue.

We talk about respecting the band…Oh, I’m all for that guys. Kaya nga ako
nag-rereact eh. Because I respect the band so much. Hindi na tayo iba sa OnL mga
tol, let them hear what they have to hear, positive man o negative. Also, I
respect bands who create original music….isa na dun ang OnL…isa na dun ang
CARE. IF some of you guys somehow try to convince yourselves na okay lang
kumopya ng kanta, well, I can’t argue with you on that. That’s your opinion. Sa
akin, the least a band can do is to acknowledge immediately and openly the band
and the song where their song was based. Wag nang intayin pang me makapuna, bago
aminin. Ang dating kasi eh OnL held back info and “fooled” people into thinking
that “Pinoy Ako” was entirely theirs, tapos lalabas ang issue at MP3’s ng
Chandeliers…further proof na its more than just influence…me parts talaga na
same, drum beat, melody etc.

Question: How would you feel if a certain band “copies” an OnL song? Of course
not entirely, pero obvious ang melody, chord pattern at beat? Would you still
say, “so what?”. Nah, didn’t think so.

Can they get out of this mess? Like I said earlier, why not? I’m sure that when
the third album (o baka nga third single) is released next year, they will be
able to prove their critics wrong. Real critics know when they are right and are
open to anything. Hindi sarado ang utak. OnL, with their wealth of talent in
songwriting and musicianship will easily dispel the ugly myth.

I wasn’t pissed-off really. just disappointed. And if somebody tells me not to
be in this forum because I feel that way about the song…well…tsk tsk…talk
about open-minds and respect.

My two cents.

eric

Putang ina mo eric salvador! Gusto mo ba ng phone pall? Di kahit ikaw eh inaamin mo rin! Di ba? Ikaw ang nagsulat niyan di ba?

“I don’t think OnL’s “mistake” was made from the copying of that Care song, the
mistake lies on the notion they’ve given to the masses that it was indeed an
original song…a song that was entirely their own. Siguro kung noong una pa,
openly they admitted that the song was based on a foreign song and that parts
were copied from it, wala’ng ganito’ng issue. Tapos agad ito.”

4:42 AM GMT+8  
Blogger shaui said...

Thanks, Archie. I know, this whole thing gets messier and messier, even sad since the song is "Pinoy Ako"...tipong markado lahat ng Pinoy.

12:52 PM GMT+8  
Anonymous Anonymous said...

Ayon sa egroup nila, WANKER KA kung sabihin mo na ni-rip off yung kanta ng Care, read on!

message 11681 and 11643:

Date: Wed Nov 2, 2005  11:38 am
Subject: Re: [orange and lemons] FOR ASS CRACK, E GROUP, AND THE REST OF YOU CRITICS egrouper123
Offline
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yer full of crap!

--- sid wrote:

> I like that! 'Wet people's appetites' ... We open
> for the Lemons. A
> sweet band opens with us aswell. We play 3 songs
> that night to sow
> the seed and set the scene. No word wot time we
> play. Get there
> early I guess. ;) ... OH MY GOD ... YOU'LL NEVER
> GUESS WOT THEY'RE
> BLASTIN OUTSIDE MY SHOP ... PINOOOOOY! ...
> HAHAHAHAHAHA! ...
> SHHHHH! ... Crack head, Nokia, and Grouper might get
> their panties
> in a bunch ... HAHAHAHAHA!
>
> --- In orangeandlemons@yahoogroups.com, acid maria
>
> wrote:
> >
> >
> > u sure know how to whet peoples appetite. ;)
> > what time's ur gig?
> >
> >
> > TIM
> >
> >
> > sid wrote:
> > Yeah ;) ... I can't wait to see you there.
> >
> > --- In orangeandlemons@yahoogroups.com, marie dela
> cruz
> > wrote:
> > >
> > > yah! total chaos! hahaha! cant wait to see it.vL
> na toh! gweilos
> > right? now im interested in condo guz and the man
> named sid.
> > >
> > > acid_ankh wrote:this sounds
> fun.
> > > marie dude, should we file for a leave on the
> 9th now? hehe ;)
> > >
> > > TIM
> > >
> > >
> > >
> > >
> > > --- In orangeandlemons@yahoogroups.com, "sid"
>
> > wrote:
> > > >
> > > > Makati baby ;)
> > > >
> > > > --- In orangeandlemons@yahoogroups.com, sOLo
>
> > wrote:
> > > > >
> > > > > kuya bryan! eastwood or makati? :)
> > > > >
> > > > > solo
> > > > >
> > > > > On 10/26/05, sid wrote:
> > > > > >
> > > > > > IF YOU WANT TO PICK ON A BAND WITH TALENT
> BECAUSE ITS MORE
> > > > SENSATIONAL
> > > > > > TO BRING A GOOD THING DOWN, THEN WHY DON'T
> YOU FORM YOUR
> OWN
> > > > BAND AND
> > > > > > SHOW THE WORLD HOW GREAT YOU ARE. SHOW US
> HOW MUSIC IS
> > SUPPOSED
> > > > TO BE
> > > > > > PLAYED. BECAUSE AFTER ALL YOU SURE SOUND
> LIKE GOD DIED TO
> > MAKE
> > > > YOU THE
> > > > > > MUSIC AUTHORITY OF THE WORLD. THING IS
> IT'LL NEVER HAPPEN.
> > SO
> > > IF
> > > > YOU
> > > > > > WANT TO SEE TRUE GREATNESS CHECK OUT
> GWEILOS ON THE 9TH OF
> > NOV.
> > > > MY
> > > > > > NAME IS SID. I'LL BE THE GUY BY THE BAR.
> MY BAND'S NAME IS
> > > CONDO
> > > > GUZ.
> > > > > > SEE YA THERE WANKERS. AND BRING THEM BUM
> EARS YER MAMA
> GAVE
> > YA.

4:10 AM GMT+8  
Blogger shaui said...

Thanks anonymous. Like I said,this has turned out to be one helluva mess. Now people are barking at each other's fences either in defense or in attack of OnL. Yet, nobody said OnL can't play. I'm sure they can, and it's certainly not what the issues have come to pick on. And about them "wankers," we can't really do anything about people who'd rather bad mouth somebody for speaking his mind, can we? I say, let's leave him to his business.

2:14 PM GMT+8  

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