18 Nov2005

A concerned reader with a sharp eye emailed me last night about a likely photo-napping incident. yyy2In the Philippine Daily Inquirer yesterday (page C4) and on their on-line website (both with a readership numbering in the millions on a local and global scale, compared with my modest base of 2-3,000 wonderful and loyal readers) an article by James Anthony R. Ceniza on Yema Balls features a stunning photograph of a yema sitting on an unwrapped pink cellophane wrapper. (As of 6pm Friday, the photo has been removed; but a fellow blogger has made copies of the on-line article to prove that it was in fact there earlier). The problem is that the photo is EXACTLY like a Marketmanila photograph that I took on April 16 (shown here at right) of a yema I had purchased from the Salcedo Saturday Market and which was featured in my own post on yema. And the other photograph used in the article is exactly like the photograph of yema by fellow food blogger Karen at Pilgrims Pots & Pans... please read on and at the end of this article I will give you the email addresses of people to write to help me out on this one!

Many folks have asked me for permission to use my photos but I have always asked that they attribute the photograph to Marketmanila.com. I have never been stingy with my photos, they have previously appeared in the Inquirer before, on other websites that have linked me up or vice-versa, on tour websites, in an article by a Polish researcher doing work on duhat juice, in work done by a Mexican Phd student tracing the routes of foods imported and exported through her country and most recently, in an article by a blog associated with the Harvard Law School. However, I get super hot under the collar when someone just outright uses a photograph or large portions of my posts without bothering to ensure that Marketmanila is given credit. That is stealing intellectual property and the last time that happened I contacted a lawyer who is perhaps the country’s top intellectual property rights expert and he helped me write a response to the offending photo-napper that immediately resulted in the removal of my photos from that person’s site. This situation here is a bit more complicated, and potentially far more offensive. Hmm, I wonder if cyber law specialists from Harvard are reading this and want to help me out…

First, the article appears to be an entry to the PDI’s Family Recipe Contest with prize money of PHP2,000 in SM gift certificates or a class with Reggie Aspiras. So, here is my guess. The writer, Mr. Ceniza, submitted his entry and didn’t even bother to cook the recipe he described so that he could take his own photos. What kind of “soul” does that entry have if he didn’t even bother to cook it? Instead, he chooses to “borrow” with or without permission the photos of Marketmanila and possibly Pilgrim’s Pots & Pans and does one of two things – he either conveniently forgets to attribute the photos to their real source in which case I would think that might fall into the “stealing” category, or he did in fact attribute the photographs but for some reason the Inquirer chose not to or forgot to mention it. But since I am on this topic, let me rant a bit on the winning yema recipe. Considering that this is a contest meant to use traditional Filipino techniques and ingredients, I suppose condensed milk, the ultimate shortcut for this recipe that is apparently MOST TRADITIONALLY made only with egg yolks and sugar, must thus qualify as a “traditional” ingredient (think Tamaraw milk boiled down to condensed status), and the use of it also means our technique is to do the “shortcut” version… Nitpicking, I know, but you’d think some real thought would go into picking a recipe winner in a national broadsheet and one of the top news websites in the world. How much trust are readers going to have in a paper that is that loose about its articles??? Second, the name “yema balls” is overdoing it… kind of like saying “testicle gonads” or “ball testicles” or “itlog balls” as yema literally means egg yolk and is also meant to evoke the shape (ball-like or yolk-like) of the confection itself…

So now to the Inquirer. Did they or didn’t they intentionally forget to mention the source of these photographs? The convenient and likely answer is that the writer didn’t bother to inform them where he got the photos and they assumed they were his own property. Well, now that they know otherwise…what are they going to do about it? Some serious mea culpa is necessary to make this right, I would think. If, however, the writer shows that he did inform the Inquirer of the sources but they chose not to attribute them, then they are technically the ones who have violated intellectual property laws, I suppose. Let’s see what they say to this post and an email I will fire off to them as soon as I finish this post.

What can readers do for Marketman? I rarely ask for anything in return for publishing these daily posts on food, recipes, etc. I always encourage all to enjoy and to eat well… but now I need your help. If you are as incensed as I am about my photo being used without attribution, please send an email to the Inquirer asking them to identify who took the photo of the yema in yesterday’s article… The first email address below is to Ms. Chelo Banal-Formoso, the editor of the Lifestyle section, the other addresses are useful ones to copy your email to:

cbformoso@inquirer.com.ph
lifestyle@inquirer.com.ph
recipes@inquirer.com.ph

If I do not receive an adequate and appropriate response from both the author and the Inquirer I will consider pursuing legal action if only to set a precedent for other bloggers. Frankly, I would already doubt the sincerity of an apology or explanation from Mr. Ceniza as the article has been out for at least 24 hours and he could have easily emailed me to let me know that Marketmanila was not mentioned as the source of the photograph, and he was working to correct that, but he didn’t. This is a David and Goliath-like story… but I am amused that Goliath with his slew of writers, editors, research staff, chefs, etc. has to get his material for a once a week food section from David (who works by himself and publishes more frequently and takes no advertising)…sad, really… Now, for amusement, what punishment do Marketmanila readers think is appropriate for photo-nappers of this sort??? Please leave a comment, thanks…

 

COMMENTS:

  1. IvanM says:

    Fry them, fry them!

    Nov 18, 2005 | 9:36 am

     
  2. IvanM says:

    MM,

    Comparing the photos, the INQ photo looks like its been ‘retoke(d)’, the plate background have been erased.

    Nov 18, 2005 | 9:40 am

     
  3. Marketman says:

    Yup, and the upper edge of the wrapper has been added… still doesn’t make it right… Kind of like stealing a Jackson Pollock, adding a drop of paint and making people think it is your original work…

    Nov 18, 2005 | 9:43 am

     
  4. hermie b.m. says:

    When I read that food article yesterday, I already know it really look familiar, so its confirmed that its the one that I read from your blog and that of Karen.

    Nov 18, 2005 | 10:52 am

     
  5. Mila says:

    You may want to contact the blogger who goes by the name of Sassy (sorry, my memory is pretty bad on these things), but she’s a leading light in blogsphere and is a lawyer. I think she wrote something about photo-napping before and might have good points for you.
    As to their punishment – make them pay for a public apology on Inquirer, a one page spread that say’s I’m a photonapper, and I’m sorry. Then make them clean the toilets in Luneta for a month.

    Nov 18, 2005 | 11:21 am

     
  6. willy says:

    Punishment – maybe we could ask Mr. Ceniza to cook a big batch of his recipe at umupu siya doon sa niluluto niya habang kumukulo ito and ponder on his stupidity….”spent many an afternoon as a child watching her friend’s mom, Aling Sidang, make yema balls”…yeah right…

    Nov 18, 2005 | 11:25 am

     
  7. Bubut says:

    no need to get a professional digital photographer or image maker to say that the photo in PDI is just edited from the original. Ask Mr. Ceniza to create those yema balls from scratch (not using condensed milk) and produce exactly the one in photo. :-)

    Nov 18, 2005 | 1:28 pm

     
  8. rose aka sofia says:

    I say: Bring ’em to their knees.

    Nov 18, 2005 | 1:43 pm

     
  9. Jean says:

    Did the PDI Family Recipe specify the rules and regulation of the contest? They should have establish that from the very beginning and disqualified potential “cheaters”. This PDI should also be held accountable for their blunder as well.

    Nov 18, 2005 | 2:03 pm

     
  10. dodi says:

    There is nothing more despicable than people who steal your thoughts or ideas! And so I think that Mr. Ceniza should make amends for his actions. As for the Inquirer, a paper which takes pride in searching for the TRUTH, I think it should practice what it preaches!

    Nov 18, 2005 | 2:54 pm

     
  11. ajienaissant says:

    Outrage! Try contacting sassy lawyer, a fellow blogger. I’ll try to contact our family friend who is the associate editor of PDI. Good luck on this.

    Nov 18, 2005 | 4:57 pm

     
  12. Alicia says:

    I will definitely write them on your behalf marketman. This irks me to no end! It is sad to say but it happens ALL the time. I was reading an article once in the Philippine Star about What’s new in Paris and thought to myself, this sounds familiar, only to find that it was copied word for word from a travel article in Elle Decor magazine! The author only flipped around the paragraphs and added his two cents in two sentences to start and end the article. Despicable. What next? I wouldn’t be surprised if next time you pick up the newspaper you find segments of your blog published as well. Please make a big stink about this and put these so called writers (and I compliment them by calling them that!) and photo-nappers to shame!

    Nov 18, 2005 | 5:00 pm

     
  13. schatzli says:

    First I know MM is very generous of his photos… he has shared me one last August.

    As for punishment.. let him make batches of yemas ready for your coming EB. A wonderful present for all your readers.

    Nov 18, 2005 | 5:22 pm

     
  14. bogchief says:

    Reading this reminded me of a similar incident I came across a few months ago. Read about it here: http://philmug.ph/viewthread.php?tid=4143&page=1

    Nov 18, 2005 | 5:26 pm

     
  15. sasha says:

    Hi Marketman!

    I shall email these people and ask for a “please explain??” – shame on the perpetrators, thinking that they can fool people like that!!! There is nothing worse in my opinion! I love all the suggestions for appropriate punishments so far. Here’s mine – once you’ve identified the culprit/s, publish a photo of them on your blog dear MM with the heading of “Photonapper!!!” I think one good turn deserves another, don’t you? ;-)

    Best of luck,
    Sasha

    Nov 18, 2005 | 6:24 pm

     
  16. Barb says:

    May I suggest that you put a ‘watermark’ on your photos MM. You can do it using your graphics program.

    You’re so popular, how many hits do you get each day? I confess that reading your blog is now part of my day.

    As for the photo-napper, a public apology published in the front-page of the Lifestyle section of the Inquirer and the online counterpart is one punishment. Come to think of it, why not have this person show up on the EB wearing a sign “PHOTONAPPER” OR “I stole MarketMan’s Yema photo.”

    Nov 18, 2005 | 7:12 pm

     
  17. stef says:

    shame on the inquirer for being a party to this! ang kakapal nila!!! here’s some info on copyrights that might help:

    http://www.eaglestock.com/crights.htm

    as for punishment, what did this ceniza guy win? he should give the prize up, and issue a public apology to you and everyone, at the very least. and i agree with the others — he should be made to prepare several batches of his prize-winning yema and provide your guests at the EB with it!
    OTOH, the inquirer should print 2 ads: 1 one-page ad with an apology to Marketmanila, and the next week another one-page ad promoting your site.

    Nov 18, 2005 | 7:33 pm

     
  18. Maricel says:

    Have already sent an email to each of the addresses above. I just browsed through the Inquirer yesterday because I had to go to a meeting but I knew I already saw those photos. I knew it was your yema picture because I remember that it looks so yummy. That other photo is also the exact same one in Karen’s blog.

    Nov 18, 2005 | 7:37 pm

     
  19. kulasa says:

    Cook some yema then invite him to your EB. Get some of those paint balls guns, load them with the yema and have your fellow bloggers do target practice – on him.

    Mila is right, contact Sassy (I actually found this site through her links page). I hope you guys give it to PDI. Let them and/or Mr. Ceniza issue a public apology – both on paper and on their webpage.

    Nov 18, 2005 | 8:42 pm

     
  20. Marketman says:

    Kulasa and Mila, I do have access to an Intellectual Property Rights lawyer, but its early goings for that. Lets see what they say first. I love everybody’s suggested punishments… at least we can all get a good laugh out of this despite the seriousness of the infraction… Barb, the watermark ruins the pictures in my opinion and they can be erased/tampered/covered up… Frankly, if attribution were given I would not have objected to most requests for use of one of my photos. As for your question on hits, I get about 800-1000 unique visitors a day who look at roughly 3,000 page views on average lately. But I don’t break up my stories, put comments elsewhere, have pop-ups, that I believe all bring up the numbers for those who want to chase statistics. What gets me about this whole episode is the ignorance, blatant stupidity and naivete that I or Karen would not see these photos in the largest circulation newspaper that makes me wonder about the contestant and frankly, the controls or checks that the newspaper uses. Can you imagine Ruth Reichl of Gourmet and previously the L.A. Times running a recipe of something they never tested???

    Nov 18, 2005 | 9:03 pm

     
  21. Nick Nichols says:

    Hmmmm …. I would presume mere removal of the photo would be the worst solution. Attribution is what you want, di ba?. Attribution would bring new readers to your blog – which benefits those new readers as much or more that it benefits Marketman.

    I like your position on use of your photos. It’s much more beneficial for all than the position another well known and more legalistic Philippine food blogger took a while back when her photos were being used without attribution.

    I’ll send an email in your support.

    Nov 18, 2005 | 10:04 pm

     
  22. gastronoma says:

    Hi Marketman,

    Mila’s right. The Sassy Lawyer also has a food blog http://www.pinoycook.net and she gets hot under the collar too on cases of stealing of IPRs. You may already have an IPR lawyer, but it would be good for food bloggers to band together. :)

    Nov 18, 2005 | 10:20 pm

     
  23. mita says:

    It’s plain and simple theft. There’s no excuse for it. Please pursue your legal case against whoever your lawyer finds is at fault – the newspaper or the writer.

    The Inquirer really should take more care what photos they publish. There’s just no excuse for a newspaper of that size not to. I’m sending them an email as you suggested.

    Nov 18, 2005 | 10:56 pm

     
  24. concerned says:

    Hi again, Marketman! I was actually the one who did a screencapture of the online article and still have the .jpg in my possession. I have also forwarded a copy of it to Karen at Pilgrim’s Pots and Pans, should you need it. I knew the moment Karen’s yema pics were used that that other yema picture must be from someone else’s blog so I Googled (images) for yema and lo and behold! Yours was the first one…

    Tsk.. tsk… tsk…

    Nov 19, 2005 | 12:11 am

     
  25. Junior Gonzales says:

    MM,

    Stealing is stealing! It’s disturbing that a newspaper that I read everyday allows such blatant plagiarism. A picture is worth a thousand words.

    Nov 19, 2005 | 12:35 am

     
  26. Marc says:

    How about a 1 year free top banner advertising deal from the INQ7 homepage? :) David definitely deserves that…

    Nov 19, 2005 | 10:29 am

     
  27. Mandy says:

    i say let’s hang him by his yema balls (wink, wink, if youknowwhattimean!!). sad to say a lot of filipinos lack this one very important thing in life: integrity.

    i encountered an act of plagiarism, back in college and this so-called writer copied an entire article from glamour mag and submitted it as hers for a literary journal (a literary journal pa! i used to think people who wrote there were the “talented” ones!!) and she’s very talented indeed! i did not get to talk to that talented girl, a friend of mine took pity on her and told me to let it go. and her excuse for plagiarism was she had to submit something for the deadline. tsk tsk. maybe SHE’S mr. ceniza!

    Nov 20, 2005 | 12:09 am

     
  28. lori says:

    Marketman,
    I have a good friend who insists that I put a watermark on my photos precisely because of this sort of thing. The internet is a big, big place, and most think that their use of a photo that’s not theirs will not show up. But it did, and this time in a broadsheet, at that. I still won’t put a watermark on my photos, (for aesthetic reasons), but mostly because it’s cases like these that the perpetrator will indeed, be found out.

    Nov 20, 2005 | 5:42 am

     
  29. joey says:

    How awful! So wrong, plain and simple. I think he should be made to do ALL the punishments suggested here! First he should be made to write a public apology. Then PDI should put out an ad promoting yours and Karen’s blog. Then he should do the recipe from scratch, hmmm, maybe a batch of about 500. Then he should eat every single one! In under 15 minutes! While the PDI documents the whole thing with pictures…hahaha!

    Nov 20, 2005 | 9:56 am

     
  30. james ceniza says:

    I would like to apologize for my wrong indescretion for not asking your permission AND NOT GIVING YOU THE CREDITS DUE TO YOU, the inquirer has nothing to do with it, ONCE AGAIN IM VERY SORRY PLEASE FORGIVE ME!

    Nov 20, 2005 | 11:29 am

     
  31. james ceniza says:

    i have already emailed Ms. Karren, sorry for not having such internet ethics pasensya na po sa lahat ng nasagasaan, but i swear that the receipe is really ours and not a copy cat, sorry i am just excited in sharing my mom’s recipe not knowing that it will create so much trouble. ONce again im sorry please dont crucify me for not knowing that its wrong to use others picture from the net and not giving credit.

    ps. i was not paid or ordered by Inquirer to issue this apology, Inquirer just want to share traditional recipes for the readers. The Apology comes from the heart . im sorry

    Nov 20, 2005 | 11:35 am

     
  32. james ceniza says:

    Where can i send the samples of our yema balls, its only now that i have read this thread, as a matter of fact i havent claim my prize yet so much badmouthing from you guys in exchange for my sharing our recipe for an exchange of a token of a gift certificate (not even claimed) Inquirer has ask me where did i get the picture and my mom has called them that indeed i got the pictures from the internet for she has not allowed me to use our picture for it has our shop’s name on it it would be just like advertising our products for free, one thing that my mom beg of me not to share was the brand name of the condensed milk we are using and our source for dayap. TO ALL THOSE WHO WOULD WANT TO SAMPLE OUR YEMA BALLS, PLEASE EMAIL ME AND I WILL SEND YOU A FREE SAMPLE BASTA NEXT ORDER MAY BAYAD NA PO (JUST KIDDING) WHAT CAN I DO TO APPEASE YOU ALL. MAINIT MAGPAKULO SA YEMA LIKE SOME OF YOU SUGGESTED.

    Nov 20, 2005 | 11:44 am

     
  33. mang_mike says:

    i agree with joey and the rest, to all the punishment suggested plus, a PUBLIC APOLOGY by mr. ceniza and the PDI / INQ7.

    mr. ceniza, if you claim that you do not know it is wrong to use other people’s photos, all you could have done was ask. there is nothing more honourable and knowledgeable in asking rather than pretend that you know everything and that everything was gonna be alright.

    as for mr. ceniza’s excuse of his mom not allowing to use their own photo as it has their shop’s name on the packaging — BS! whatever happened to “creativity” . . . ? as in you could take off the packaging na lang and simply put the yemas on a small plate and snap! and the brand of condensed milk as well as the source of dayap? hellooo!!! who cares? does brand or source really matter at all when it comes to ingredients and cooking? probably, mr. ceniza hasn’t even tried cooking anything at all!

    finally, if it’s a secret recipe (as the article claims), why bother and have it entered in the contest for the whole world to know?! di sa kanila na lang yun secret . . . just head off na lang to sta. rita for the authentic and traditional stuff! or in my case, have it air-flown from there to where i am . . .

    Nov 20, 2005 | 2:44 pm

     
  34. micketymoc says:

    Poor James! As if it weren’t enough that every Google search on his name from now on will bring up this unfortunate episode.

    James, I was wondering – why didn’t you just take pictures of your mom’s recipe? I’ll take your word for it that it was an original hand-me-down recipe for yema, but still… couldn’t you just have taken pictures on your own and spared yourself the trouble?

    Nov 20, 2005 | 5:53 pm

     
  35. Marketman says:

    Mr. Ceniza, I tried to send you a copy of my email to the Inquirer to the address you gave in your comments above. That address does NOT WORK. Perhaps it is an error but it is an error that is THREE TIMES IN A ROW. I do not accept your lame apology, I do not appreciate your non-functioning address, and if necessary, I will pursue all legal avenues and seek redress in a court of law. This is not a light matter… you are an adult and should act responsibly and be held accountable for your actions.

    Nov 20, 2005 | 6:08 pm

     
  36. james ceniza says:

    how come your email has been bouncing back?, havent recieve any yet, i have learned my lesson, i know that all of you is far better cook, the contest is about the traditional recipe from your family and not about the best ever recipe of yema. i dont know that this yema will bring much trouble to me and my mom, for now all i can do is take all your scolding,i wont say again the word ” i dont know’ since you would not want to believe me.had i know earlier that youre going to have you eb, i would have bring you yema. mang_mike has said”
    and the brand of condensed milk as well as the source of dayap? hellooo!!! who cares? does brand or source really matter at all when it comes to ingredients and cooking? probably, mr. ceniza hasn’t even tried cooking anything at all!” i do care, my mom cares, try cooking it with different brand of condensed milk then you’ll know the difference.

    Nov 20, 2005 | 7:42 pm

     
  37. james ceniza says:

    “If I do not receive an adequate and appropriate response from both the author and the Inquirer I will consider pursuing legal action if only to set a precedent for other bloggers. Frankly, I would already doubt the sincerity of an apology or explanation from Mr. Ceniza as the article has been out for at least 24 hours and he could have easily emailed me to let me know that Marketmanila was not mentioned as the source of the photograph, and he was working to correct that, but he didn’t. This is a David and Goliath-like story… but I am amused that Goliath with his slew of writers, editors, research staff, chefs, etc. has to get his material for a once a week food section from David (who works by himself and publishes more frequently and takes no advertising)…sad, really… Now, for amusement, what punishment do Marketmanila readers think is appropriate for photo-nappers of this sort??? Please leave a comment, thanks”

    pasencya na po! kagabi lang tumawag ang inquirer and has called my attention but i wasnt home i just returned their call this morning (sunday) i dont own a computer so hindi ako nakakabasa ng blog kaya hindi ko alam na ganitong kalaking damage ang nagawa ng yema balls article. i know that my apology isnt enough. i think sobra namang masasakit na salita ang natanggap ko at kailangan na lunukin at tanggapin ko iyun pero hindi ko ipinagmamalaki sa inquirer na akin ang mga photos na yun kahit itanong pa ninyo sa kanila. sana ay matapos na po ang mga ito, sa lahat ng mga nasaktan sa paggamit ko ng larawan sorry. nag email na ako sa inyo thru this website hindi ko alam ang inyong personal email . thanks im not asking for your understanding dahil alam ko na i dont deserve it right now.

    Nov 20, 2005 | 9:12 pm

     
  38. Mrose says:

    y make a big deal out of this? granted that Mr. Ceniza made a big mistake…and he apologized already…so put a cap on it, ok? everybody makes mistakes.

    Nov 21, 2005 | 4:58 pm

     
  39. james ceniza says:

    i wonder what kind of apology does marketman wants from you? what is he going to gain when he sues you? a million, billion?

    Nov 21, 2005 | 5:10 pm

     
  40. james ceniza says:

    that comment ” i wonder what kind of apology marketman wants from you? what is he going to gain when he sues you? a million, billion?” was my comment sent to mr. ceniza….just a FYI…. — Mrose

    Nov 21, 2005 | 5:16 pm

     
  41. Marketman says:

    Mrose you obviously miss the point… Mr. Ceniza broke an existing law regarding intellectual property rights. It’s not just a mistake, it is theft. If he is prosecuted under the terms of the related laws, he is liable for a substantial fine and jail time if proven guilty. Given all of his comments, Mr. Ceniza obviously does not understand what he did, why it is in fact a big deal to a lot of people, why principle matters and why he and the Inquirer are being asked to rectify the situation. Maybe he and you would understand that if he snatched a bag in Megamall he would be liable for theft and if the bag happened to contain an original work of art worth PHP50,000 that was damaged in the snatching, then he would also be liable for damages exceeding that. As for Mr. Ceniza’s last comment above, it shows just how little he understands about the situation–I have already outlined my proposed solutions in the post on Nov 20 in my letter to Ms. Banal-Formoso…read to the end. Suing him is not about the money it is about the principle of the matter under discussion. A lawsuit would cost me more to pursue that any award I might get, but I will have done that on behalf of hundreds of bloggers and other folks who may be facing this type of situation in the future. Mr. Ceniza needs to read, digest, understand and react accordingly. At this point, I am not certain he realizes how much the blogging community is concerned about issues such as photo-theft — if you are truly interested, go to http://www.houseonahill.net/index.php/blog/permalink/pinoy-food-bloggers-plagiarized/ for a lawyers summary of the issues at hand.

    Nov 21, 2005 | 5:30 pm

     
  42. Marketman says:

    Mrose, may I ask why your comments are using Mr. Ceniza’s return address? Are you sitting with him at the same internet cafe? Please refrain from making matters worse. Just have Mr. Ceniza work closely with the Inquirer. I have put my position on possible resolution in my letter published on this blog on Nov. 20. This is not a light matter that will be resolved with mother’s appeals or friends attempts at interceding…I am sure he appreciates you assistance but it doesn’t change any facts as we know them today.

    Nov 21, 2005 | 5:35 pm

     
  43. Marketman says:

    Mr. Ceniza, if you would like to see one of the off-shoots of all of these comments… kindly take the time to google your name and you will see what legacy you have already left on the world wide web.

    Nov 21, 2005 | 5:40 pm

     
  44. iska says:

    “james ceniza says:
    that comment ” i wonder what kind of apology marketman wants from you? what is he going to gain when he sues you? a million, billion?” was my comment sent to mr. ceniza….just a FYI…. — Mrose ”

    hello! sino ka ba talaga? james ceniza or Mrose?

    Nov 21, 2005 | 6:32 pm

     
  45. mrose says:

    Mr. Marketman,
    i am not sitting with Mr. Ceniza in any internet cafe, it just happened that i already clicked the submit comment when i noticed that i forgot to change the name. actually i am a thousand miles away from where you guys are located. Mr. Ceniza apologized to you already, what more do u want from him? will it satisfy you if he get fined or better yet put him behind bars for an innocent mistake?Dont you make mistake too, Mr. Marketman? I think Mr. Ceniza already paid the price for his mistake…reading the comments of your fans…what kind of people are you?…as if you guys dont make a mistake…

    Nov 21, 2005 | 7:25 pm

     
  46. rachael says:

    one word… or url… http://www.istockphoto.com/

    Nov 21, 2005 | 10:01 pm

     
  47. willy says:

    mrose,
    ignorance of the law is not an excuse…

    Nov 22, 2005 | 1:18 am

     
  48. Marketman says:

    For everyone following this story, here is an update. Ms. Banal-Formoso finally emailed me late last night and claims she has just been too busy or was not at work Sunday, etc. to attend to this but will be meeting with the Inquirer Reader Advocate today as well as J V Rufino of the on-line site and the will get back to us shortly after that meeting. One part of her email that brought a smile to my face is that as she got to work at the Inquirer Monday, she was greeted by Mr. Ceniza and his mother bearing a box of yema and their only print photo of their goods…

    Nov 22, 2005 | 9:06 am

     
  49. Gigi says:

    I had half the mind not to reach out for a correction fluid pen and mark my friggin’ screen as I read Mr. Ceniza’s comments. What a pain to read. You know, dear Mediatrix MRose, sympathy has its place but certainly not in this case. Launching into a devalued moral currency exchange isn’t worth the trouble. I do get your point though, James got virtually gangbanged all for a P2,000 gift cert. But hey, the law is there precisely for people to know better than to jump out of their defined box.

    As a sign of support for Marketman, I’ll abstain from any yema products this Christmas!

    Nov 22, 2005 | 10:23 am

     
  50. Lei says:

    I totally agree with Gigi, I feel like I am going to have another attack of migraine just reading through James’ comments. There is nothing wrong in not having a good command of english, but the way he uses logic, the way he tries to absolve himself using his very lame excuses makes me want to puke. Excuse for the term, but he is just one very misinformed individual. To Mr James Ceniza, as the saying goes, magpakatotoo ka brother. Tigilan mo na ang mga palusot at harapin mo na lang kung ano ang dapat sa yo. At walang masama sa paggamit ng tagalog kung hindi ka naman sigurado sa pag-english mo. Wag ka nang magnanakaw at lalo wag ka nang magpanggap na para bang ikaw pa ngayon ang kaawa-awa. Para rin naman to sa ikakabuti mo.

    Nov 22, 2005 | 1:25 pm

     
  51. Lei says:

    I would just like to add this message to Marketman, keep up the good work. For the very good food blogs and for standing up against these photonappers!!! Mabuhay ka!

    Nov 22, 2005 | 1:42 pm

     
  52. Lani says:

    I agree with Lei, keep up the good work MM.

    Nov 22, 2005 | 7:08 pm

     
  53. Katrina says:

    I hope it’s all right if I return to the original yema topic. (I didn’t want to comment on the original post, because that was months ago so my comment may not be noticed.) MarketMan, while I do very much enjoy the traditional yema featured here, I have always preferred another version — that of Spanish pastry shop Dulcinea. I have no idea if their yema is closer to the original Spanish recipe or if they came up with it on their own; all I know is that ever since I tasted it as a child, I have never been able to go to Dulcinea without ordering it.

    If you haven’t tried it, Dulcinea’s yema is bright yellow inside, and coated with a crunchy sugar glaze (not caramel) on the outside. It’s not as sweet as the traditional Pinoy yema, so I could eat many more. I don’t, though, because it’s also much more expensive. I think it’s up to P25 each now!

    Would you know the origins of this version of yema? Also, does that beautiful color come naturally from all the egg yolks in the recipe, or is it artificial? I am crossing my fingers it’s the former, because one of the pleasures of eating it, for me, is its cheery, summer-day-sun appearance. Just looking at it makes me happy. :-)

    Nov 22, 2005 | 9:13 pm

     
  54. Marketman says:

    I am by no means the yema expert, Karen over at Pilgrims Pots and Pans is more knowledgeable. But the little I know suggests that the “original” is just made up of egg yolks and sugar, no milk at least according to Gene Gonzalez in his book Cucina Sulipena. He claims that when the dessert came over from Spain, it was just eggs and sugar. I have never made yemas so I wouldn’t know…though I was thinking of trying it out soon but this whole yema episode has left a bad taste in the mouth, so to speak. I only remember yemas with the sugar coating as a kid, not the version that has the hard caramel coating which is also incredibly good. Dulcinea may be trying to approximate the Spanish version rather than our highly evolved Central Luzon version. I find the caramel on yema to be simply over the top, too intense, what cebuanos call “ngilngig” – my favorite taste sensation description. I am pretty sure I have had a Dulcinea yema in decades past and will try one again soon now that you mention it. The color should be from the egg yolks only (organic eggs yielding a more vibrant yellow color) but I wouldn’t be surprised if there is food coloring for intensity and consistency.

    Nov 22, 2005 | 10:36 pm

     
  55. carlos says:

    So did you end up forgiving him? Just wondering.

    He sounds sincere and he really just might be a genuine legal idiot who just wants to make yemas. I usually make it a general rule to be lenient to one who seeks forgiveness. Its good karma at the end of the day.

    Thanks for this post too. Ill know better to credit my photo posts and to make sure the links and email address works.

    Sometimes urls give readers a chance to discover blogs and sites one wouldn’t normally chance upon. In print, it must be a different matter all together I’m sure. There is no link for people to click on.

    Nov 24, 2005 | 12:16 am

     
  56. ANNE says:

    Note on recipe photos published Nov 17

    First posted 10:05pm (Mla time) Nov 23, 2005
    Inquirer News Service

    Editor’s Note: Published on page C4 of the November 24, 2005 issue of the Philippine Daily Inquirer.

    IN LIEU of the PDI Family Recipes Contest winner this week, we are reprinting these two photos, which appeared with the winning melt-in-your-mouth yema balls recipe in this section (Nov. 17, p. C4), to properly credit them to two food weblogs.

    Both photos were submitted by James Anthony Ceniza with the yema recipe. It has come to the attention of the Inquirer that he took the photo of the yema with the pink wrapper from the food weblog Market Manila (marketmanila.com), and the other photo from the food weblog The Pilgrims Pots & Pans (karen.mychronicles.net/?p=53. Mr. Ceniza has apologized to the owners of these food weblogs for the unauthorized use of their photos.

    INQ7
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    Editor’s Note: Link to the second photo available in the text. The photo of the yema with a pink wrapper was taken down from INQ7.net as soon as questions regarding copyright were brought to INQ7’s attention. The other photo was not posted on the website.

    http://news.inq7.net/lifestyle/index.php?index=1&story_id=57540

    Nov 24, 2005 | 4:07 am

     
  57. micketymoc says:

    Forgiveness sounds fair. I’m just wondering about the above disclaimer from Inquirer – are they washing their hands of the whole mess? Are they absolving themselves of any responsibility, or do they feel that they’ve discharged their duty with this notice? The problem with this is, there’s no indication that they’ve learned their lesson.

    When the Art Bell/Inquirer brouhaha exploded four years ago, Isagani Yambot of the Inquirer said they had “no policies referring specifically to the need to verify the authenticity of electronic documents such as e-mail… ‘after the Art Bell incident, we are now drafting rules on the verification of the authenticity of electronic documents.’

    Really now, Inquirer? One ARt Bell and one Faye San Juan later, you don’t seem to have learned your lesson. At all.

    Yemas aside: the missus and I were watching the new Harry Potter movie last night. There’s a scene where Hermione is fuming about the wizard paper’s gross inaccuracies. I whispered, “Oh, she’s reading the Inquirer too?”

    Nov 24, 2005 | 10:41 am

     
  58. Mila says:

    I’ve caught up on all threads connected to the photonapping incident, and what struck me with Mr. Ceniza’s comments is that all of them exemplify a characteristic I see so often among a number of people. When they make a mistake, their apologies are half-hearted and grudgingly given, whining in fact, with that sense of victimization because the public has spoken out against them. What happened to the simple apology? “I’m sorry, I will do what is necessary to make up for my mistakes” is far more effective than grovelling for forgiveness and saying that he’s being harassed by all the comments. Taking responsibility for one’s actions seems to have been forgotten by the photonapper.

    Nov 25, 2005 | 10:12 am

     
  59. cleng says:

    IGNORANCE OF THE LAW EXCUSES NO ONE. Pero i think sobra na yung tinatanggap na persecution nung tao sa mga bloggers dito. You are all ganging up on the poor Ceniza. I don’t know him personally. Sa tingin ko lng, he has learned his lesson already, he has owned up to his mistake, he’s offering free yema for everybody, pero YOU ALL WANT BLOOD. Ceniza, pare, sa akin mo na lng padala yung mga free yema!!!

    Nov 26, 2005 | 3:45 pm

     
  60. Madrigal says:

    It is only now that I have come across this Yema Photo stealing affair, so pardon me for the late comments. The replies of this Ceniza guy really made my eyes roll, as they probably did yours.

    This guy totally lacks comprehension and gives replies that have nothing to do with anything. He said he “didn’t expect to be bad-mouthed” for sharing his mom’s recipe. Oh, that really got me misty-eyed. Maluha-luha naman ako doon sa mala-telenovelang script at acting ni James Ceniza. Puwede na yata itong pumalit kay Judy Ann.

    And the reason he gave that he didn’t want to use his mom’s product because he “didn’t want to expose the label of their store” is something only a total dunce (sorry to say but it’s true) could say. One reader was right, why not put the Yemas on a dish and take a picture of them without any trace of the labels (hmmm and I wonder why his mom won’t allow them to have FREE ADVERTISING, it’s supposed to be the Inquirer who would refuse to do that). Then he goes on with his lousy irrelevant Little Red Riding Hood story saying that his mom did not even want the brand of Condensed Milk or supplier of Dayap yeah yeah yeah…. That had nothing to do with anything.

    What irks me here aside from the act is the way this guy tries to make “palusot” and thinks he is talking to a bunch of stupid people. What was he thinking posting that “explanation” about brand labels? If he just said sorry it would have been OK. Kaso nang-iinsulto pa ng intelligence eh.

    Nov 28, 2005 | 12:32 pm

     
  61. Hchie says:

    Sad to say but a lot of Filipino’s have their pride stuck up their —–! If only we could learn to ACCEPT and APOLOGIZE for our errors instead of trying to find excuses to defend our actions!

    Dec 1, 2005 | 10:30 am

     
  62. maria says:

    WAW! Alpha kapal-muks talagah! i hope that we’ll all be as passionate in stopping and strangling people who steal ideas in and outside this cool blog.

    idea stealers are very pathetic. even more pathetic are the ones trying to weasel their way out of their passive-aggressive crime by finger-pointing or waxing like a deep-thinking philosopher just to give reasons their reason won’t dare accept except their empty but hugely needful ego. Magpakatotoo ka p’re!

    Market Man…i’m there with you. continue with your blog inspite of the fact that, well, food pirates are around. let your work speak for itself. it’s echoing throughout the internet spacedom. good vibes. galeng. :)

    as for the freak with the passive-aggressive streak. his luck stopped way before i was able to write this response. i hope he’ll realize that he has to stop that cycle…ay dios na mahabagin…i hope he’s the only @#%$! around this blog.

    thanks for all your effort MM. i really appreciate it.

    Mar 5, 2006 | 4:59 pm

     
 

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