Nico & Vlad Mirita - Pe-o margine de lume [PLAGIAT]

  • by: Chiril Badica
  • target: European Broadcasting Union / Eurovision Song Contest
        Aceasta petitie a fost creata pentru a incerca sa deschidem ochii juriului de la Eurovision Romania 2008, si sa le aratam faptul ca melodia "Pe-o margine de lume" interpretata de catre Nico & Vlad Mirita si compusa de catre Andrei Tudor este de fapt un plagiat dupa: David Bustamante - La magia del corazon. Daca sunteti de acord cu aceasta petitie si doriti descalificarea piesei, semnati-o! Si, va mai rog un singur lucru, ajutati-i si pe ceilalti sa cunoasca adevarul!
        Dupa ce aceasta petitie va fi inchisa, adica la acumularea a 10.000 de semnaturi, ea va fi trimisa catre European Broadcasting Union (EBU), organizatorii Eurovision-ului 2008 - Belgrad.
        Informatie de ultima ora:
        O alta chestiune care ridica semne de intrebare asupra corectitudinii acestui concurs, se refera la incalcarea Regulamentului Eurovision-ului in doua randuri:
        1. Punctul 1.2 din Regulament precizeaza clar faptul ca: "Piesele muzicale inscrise in concurs (muzica si versuri) nu trebuie sa fi fost facute publice in scopuri comerciale inainte de 1 Octombrie 2007."
        Piesa a fost difuzata de catre Andrei Partos pe 15 Septembrie 2007, in cadrul unei emisiuni la postul Radio Romania Actualitati, fapt care poate fi confirmat de catre Dl. Partos, dar si de catre inregistrarea emisiunii.
        2. Punctul 1.6 din Regulament mentioneaza urmatorul aspect: "[...] Se deschid, la vedere, liniile de televot. Liniile vor fi deschise timp de 40 de minute, iar rezultate partiale vor fi aduse la cunostinta telespectatorilor la fiecare aproximativ 5 minute, in cadrul programului tv care va fi transmis in acest interval de timp. [...]"
        Nu au fost aduse la cunostinta telespectatorilor rezultatele partiale la intervale de 5 minute, pe perioada desfasurarii televoting-ului, fapt care poate fi confirmat de catre cei aproximativ 850.000 de privitori, dar si de catre inregistrarea emisiunii.


        This petition was created to try and open the eyes of the jury of the Romanian Eurovision 2008, and to show them that the song "Pe-o margine de lume" performed by Nico & Vlad Mirita and composed by Andrei Tudor is actually a plagiarism after: David Bustamante - La magia del corazon.  If you agree with this petition and you want the song to be disqualified, sign it! And, I ask you one more thing, help the others to know the truth!
        After closing this petiton, which will be done by gathering the 10.000 signatures, it will be sent to the European Broadcasting Union (EBU), the organizers of the Eurovision 2008 - Belgrade.
        Latest information:
        Another thing which raises question marks regarding the uprightness of this contest, reffers to the infringement of the Eurovision's Regulation in two cases:
        1. The point 1.2 of the Regulation clearly specifies the fact that: "The songs which entered the contest (music and lyrics) shouldn't have been made public before the 1st of October 2007."
        The song was broadcasted by Andrei Partos on the 15th of September 2007, during a radio show on Radio Romania Actualitati, a fact which can be confirmed by Mrs. Partos, but also by the recording of the radio show.
        2. The point 1.6 of the Regulation is mentioning the following aspect: "[...] The televoting lines are opened publicly. The lines will be active for 40 minutes, and the partial results will be transmitted to the audience every 5 minutes, during the TV show which will be broadcasted in this period of time. [...]"
        The partial results weren't transmitted to the viewers every 5 minutes, during the period of the televoting, a fact which can be confirmed by the approximately 850.000 viewers, but also by the recording of the TV show.

Attn: Mr. Jean Reveillon

Dear Sir,

    We, the undersigned, would like to bring to your attention, a condensed informative data regarding the subject matter of our intervention.
    We thank you in advance for taking the time to read this document, our deepest appreciation!

    The purpose of this petition is to exhibit the fact that the 2008 Eurovision Contest - National Selection - Romania, was based on other criteria rather than the ones supposed to be taken into consideration: professionalism, objectivity and the respect for the value of artistic creativity.
    More than ten thousand (10.000) people have signed this petition in a time period as short as three days. Our campaign, that began spontaneously, has received the support of major media actors, such as Antena 2 (http://www.antena2.tv/) and Antena 3 (http://www.antena3.ro/), that are nation-wide television channels, Jurnalul National (http://www.jurnalul.ro/) and Ziua (http://www.ziua.net/), that are nation-wide daily newspapers, and the specialized website http://www.vedeta.ro/
    We are immensely indignant and revolted by the shameful unfair methods, used by the organizers of this contest, to promote a song which is partly a reproduction of a Spanish song, attitude we dismiss, as it brings us no pride whatsoever!
    We own evidence in order to prove that the organizers did not spare any effort to send "Pe-o margine de lume" (composed by Mr. Andrei Tudor and performed by Nico and Vlad Mirita) to Belgrade. The contest regulations have been in breach. There has been pressure inside, and amongst the members of the national jury. Foreign contestants have been discriminated against.
    Our intention is not to endorse other song that has been part of the contest, whether it is Romanian or from abroad. We want the winning song to be disqualified, given that its victory has been achieved through a major fraud. On Thursday, February 28, 2008, there was a meeting of protest on this matter, right in front of the Romanian National Television.
    We do have arguments to prove that the organizers did everything in their power -  including violating the rules of the Eurovision Contest, pressuring the other members of the jury who were ruled by one concept only "the best should win" - so that this song, "Pe-o margine de lume" could get to Belgrade.
    
    1. The jury was partial and discriminated the foreign contestants in favour of the Romanians. Certain members of the jury have discriminated against the foreign contestants, but favoured the Romanian ones. We have noted this as regards at least three members of the jury: Mr. Victor Socaciu, Mr. Titus Andrei and Mr. Horia Moculescu. Please see the wording of the comment one of them made: "We were not [supposed] to accept that some Swedes will represent Romania [at the Eurovision Song Contest]!". All these have been said, even though the EBU and the National Eurovision Contest's rules allow foreign songs to take part in the contest!


         A. Following are included the points of view expressed by some members of the jury. We believe that they proved to be subjective, thus not able to correctly judge the merits of the competing songs. We therefore accuse them of discrimination on nationality grounds:

  • - Mr. Titus Andrei. Musician, works for the national radio. During the TV show "Ne Vedem la TVR", that took place two days after the 2008 Eurovision Contest - National Selection - Romania, a show was hosted by Mrs. Marina Almasan, Mr. Titus Andrei said: "Though the Swedes had a very good song [and] very good voices, we have to represent our country through ourselves."
  • - Mr. Sebastian Secan, who awarded the maximum points allowed to "Shine", stated for "Clujeanul" (http://www.clujeanul.ro/), a daily newspaper: "[Some] members of the jury expressed disapproval, saying that "[I] have sold/betrayed our country." At the end of the show, Mr. Socaciu argued forcibly that the rules should be changed in order to avoid foreigners from entering the competition.
  • - Mr. Horia Moculescu, musician, member of the Commission of UCMR (Uniunea Compozitorilor si Muzicologilor din Romania - Union of Composers and Musicologists of Romania, i.e. the highest music association of Romania). This Commision has ruled on the plagiarism allegations launched against "Pe-o margine de lume", the winning song of 2008 Eurovision Contest - National Selection - Romania. He said, "For years I have been struggling to promote the folklore element, which could individualize us at the European level."
  • - Mrs. Dida Dragan, member of the jury. When presenting the number of points she awarded to each song, she ostentatiously read the Romanian version of the original English titles of the foreign entries.

    If you wish to convince yourself regarding the veracity of the accusations, please watch some of the above mentioned declarations at the following address: http://youtube.com/watch?v=3yToCM_020s
    There you will see posted a video montage with probative fragments regarding this case, and the transcript in English.

        B. As of February 27, 2008, regarding this extremely delicate and abused subject, there was registered an intimation having the number 3398/27.02.2008 and topic "A possible discrimination of the Swedish group Biondo, on nationality criteria". This intimation was addressed to the CNCD (National Council Against Discrimination - which is a state institution under parliamentary control).


    2. "Pe-o margine de lume", a song composed by Mr. Andrei Tudor, includes parts that have been copied from the song "La Magia Del Corazon" of the Spanish singer David Bustamante.
    More than ten thousand (10.000) people that count also musicologists believe that this song is plagiarism; therefore it must be disqualified. In spite of our intervention, the Romanian Television, the organizer of 2008 Eurovision Contest - National Selection - Romania, have asked the professional commission UCMR-ADA to help compare the two songs. The result from the committee: "Pe-o margine de lume" is not plagiarism. However, among the members of this commission there were persons that are family friends of the composer Andrei Tudor. As demonstrated above, these members of the jury have made public statements that prove they cannot be impartial in this plagiarism matter. We also want to specify that UCMR-ADA is only qualified to give opinions, not to expertise. Thus, the result of the UCMR-ADA commission, is only an opinion, not an expertise. The only authority that has the power to take decisions after an official expertise, regarding the music business in Romania, is ORDA (The Romanian Copyright Office), but nobody consulted with it!


    3. The organisers have not respected the 2008 Eurovision Contest - National Selection - Romania regulations.


        A. Alleged broadcasting of "Pe-o margine de lume" before October 1, 2007. The regulations however state that the competing song must have not been released before this date. Please see Regulations for the 2008 Eurovision Contest - National Selection, 1.2, http://www2.tvr.ro/eurovision/regulament_en.php 
    About this concrete piece of evidence has probably spoken Mr. Andrei Partos himself, on his radio show forum, on January 18, 2008. According to the wording of his note, he played "Pe o margine de lume" during his radio show on the national radio channel on September 15, 2007.
    Here is what Mr. Partos probably stated on January 18, 2008: "The song, "Pe-o margine de lume", sung by Nico and Vlad Mirita, was broadcasted by me on September 15, 2008 on RRA - Radio Romania Actualitati. This is just an observation. Those who read the contest rules understand! I'll keep listening to other songs, and be able to comment on them. Andrei Partos". This statement appeared on the National Television forum, after the scandal begun, posted by an user of this forum. Afterwards, Mr. Partos had probably deleted his post. We can't demonstrate clearly that he wrote that statement, nor he can demonstrate that he didn't wrote that statement on his radio show forum.

        B. The regulations regarding the counting of the votes were disregarded.
    TVR had previously published on its website that "The jury's note will be 50% and the public's note will be the other 50% of the final score". However, this rule was not respected accordingly.  Please see Regulations for the 2008 Eurovision Contest - National Selection, 1.6 Jury, http://www2.tvr.ro/eurovision/regulament_en.php . As a matter of fact, a certain counting method was used to establish the "jury's winner", and a different one for the "public's winner".
    This disregard of the aforementioned regulations, whether intentional or not, has led to an unfair and unjust gap as regards the votes earned by the occupiers of the 1st place both as per the jury vote, and as per the public vote. This has proved to be decisive for the final result.


        C. The broadcaster did not display the results of the partial vote every 5 minutes as per the wording of rule 1.6 of the Regulations for the 2008 Eurovision Contest - National Selection: "The televoting lines are opened, in plain view, for 40 minutes, and the viewers will be informed of the partial results approximately every 5 minutes, during the TV show being broadcast during this time."
    TVR broadcasted during those 40 minutes a news bulletin, without displaying the partial results of public voting! After the news, there was a recital of Goran Bregovic, and still there was no actual displaying of the partial results. Moreover, nobody from the public knew exactly when it was said "Stop public voting!", because this didn't occur live on TV!


        D. An impossible to quantify number of people who wanted to vote for the Swedish song ("Shine"), claim they had no chance of voting, although they were charged for the text messages they had sent. On their cell-phones they received messages like "Invalid vote", "Voting time exceeded" or "Vote declined".


        E. When the public voting started, in a few seconds suddenly appeared a difference of  900-1000 votes for the song "Pe-o margine de lume", related to the Swedish song "Shine", gap that continued until the end of the public voting, which raises strong suspicion on the fairness of the vote!


    4. The jury of the 2008 Eurovision Contest - National Selection - Romania had a behavior that was incoherent and contradictory. Some members of the jury were not eligible. Lack of eligibility was in some cases due to long-lasting friendship relations with the family of Mr. Andrei Tudor. Others did not have the necessary expertise in the music field, or proper English language knowledge in order to objectively asses the merits of each competing song.


        A. Certain members of the jury manifested an evident lack of objectivity. A detailed count of this matter was mentioned at item 1 of this letter.


        B. Jury membership of persons that lack proper qualifications in order to assess the quality of the competing songs: rule 1.6 reads "specialized jury designated by the organizer".


        C. Mr. Horia Moculescu publicly voiced his opinion on the winning song matter before the commission that ruled on the alleged plagiarism gathered.  Again, this matter has been covered at item 1, above.


        D. Contradictory behavior: A member of the jury, Mr. Madalin Voicu, musician, was also president of the jury of the national song contest "Mamaia" in the summer of 2007. On the occasion of the selection process of this competition, Mr. Voicu rejected the song "Pe-o margine de lume", which was eventually not part of the final. Mr. Voicu's vote for "Pe-o margine de lume" at the 2008 Eurovision Contest - National Selection - Romania, was 12 points.

    Based on the facts exposed above, we ask you kindly to analyze them. We trust your judgement, objectivity, and we will accept any decision you'll take regarding this matter.
    We thank you for taking the time to read our letter.

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