Odex Seeking Compensation From Anime Downloaders
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The problem is downloading these anime is a crime that's "too easy to commit"
You do it at home, anytime, no one will stop you from doing so, and you know that for the past years many ppl are downloading these anime for free. Maybe you also alraedy make it a habbit to download new episode every week. So ppl are easily tempted to download them, and some even think that it should be legal to download. -
ya x1000000000Originally posted by ArdusKane:The problem is that (most) shows from Mediacorp cannot compare to anime.
In the end, it's all about the money. It's human nature to act only when they have something to gain. -
money make the world spin..
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Do you think the money gained from the lawsuit are paid to the copyright holders?
I can see a few millions will be collected - assuming all did not go to the lawyers - and wonder if this is paid to the people who created the anime.
Cheers -
I'm sorry, whats so "illegal" about downloading anime again?Originally posted by mochou:The problem is downloading these anime is a crime that's "too easy to commit"
You do it at home, anytime, no one will stop you from doing so, and you know that for the past years many ppl are downloading these anime for free. Maybe you also alraedy make it a habbit to download new episode every week. So ppl are easily tempted to download them, and some even think that it should be legal to download.
As long as the copyright holders in Japan are not the ones requesting Odex to take action, I don't see what justification there is for Odex to be so kaypoh.
Even if the anime someone download is also distributed by Odex, as long as its not THEIR Sub, not their work, I don't see how wrong it is. Say, for example, ODEX subs XXX anime into english for distribution.
1. Is someone who downloads XXX anime subbed in Spanish liable to compensate Odex?
2. Is someone who downloads XXX anime subbed in English, and thinks he PREFERS eg Shinsen-Sub cos they have better English than ODEX distributed Subs wrong?
So where is the right for a consumer to exercise his right? I can choose based on pricing, and quality. In terms of pricing (which happens to be FREE...) and quality, if OTHER fansubs are better in my opinion, then its just too frickin bad for ODEX.
However, if lets say the copyright owners in Japan, have already stated that they do not wish their anime to be distributed on the net anymore, I think as anime fans, we should respect their decision. Some have done so, some have not. -
It the jap company that want to sue us.
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they should definitely start with their own country first.Originally posted by Rika Ishikawa:It the jap company that want to sue us. -
boycott them, let them leave our market. supply and demand. we only buy when their prices fall until 1 cents per CD. let them engage in a price war. lol................
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boycott them lo
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The otakus in their country buy them and their seldom dl cos most of them can afford.Originally posted by stellazio:They should definitely start with their own country first.
Not like sg otakus so cheap. -
dude, those ongoing animes released on a weekly basis how to buy?Originally posted by Rika Ishikawa:The otakus in their country buy them and their seldom dl cos most of them can afford.
Not like sg otakus so cheap. -
Cheapos like me wait for the box setOriginally posted by stellazio:dude, those ongoing animes released on a weekly basis how to buy?
But then it means you get to watch it later -
From : http://www.sgforums.com/?action=thread_display&thread_id=275113
A very simple view, and here is the reason why. They sue people not because of privacy infringement, authenticity or royalty infringement, but because Odex wants to earn money, quick money. They want people to buy their products, the complete set of series of Inuyasha, and whatever else they licensed.
What is Odex? It is a Singaporean company that licenses and releases anime for local and South East Asian consumption, formed in 1998. They are definitely trying to earn big bucks here by a marketing network. Of course they can't earn big bucks if everyone downloads Inuyasha, that is why this suing case. They even talk the Singapore court and ISP into charging $3000-$5000 per individual. This is hilarious.
Why is it outrageous and unfair? It merely sends out 17 warning letters to citizens, but wants to sue thousands. It wants to silently ambush you. If you are reading this, here is what you all can do now. Don't buy from Odex company from now on. Let the court case continue, but don't buy anything licensed by Odex. You can buy from other honest, reasonable license companies. Let their sales rate be low, even empty. Let them go bankrupt in their sales market, even though they had sued you. Let them learn a lesson not to be a silent money sucker by forcing the ISP to change their terms of services and infringe upon your privacy, giving away your identity! We need to be smart now. And let us see the difference betweenus and the other countries, like Japan.
Quoted
"It has been noted that Article 38 of Japan's copyright law allows parties to 'distribute by wire a work already broadcast for non-profit purposes'. - Andy Ho, Straits Times 16th August 2007"
"(Performance, etc. not for profit-making)
Article 38
(2) It shall be permissible to diffuse by wire a work already broadcast, for non-profit-making purposes and without charging any fees to audience or spectators.
(3) It shall be permissible to communicate publicly, by means of a receiving apparatus, a work already broadcast or diffused by wire, for non-profit-making purposes and without charging any fees to audience or spectators. The same shall apply to such public communication made by means of a receiving apparatus of a kind commonly used in private homes"
The above two Sections of Article 38 places reasonable and fair doubt on ODEX's affidavit and claim to act on TV Tokyo's behalf, until the latter has expressively stated that it has authorised ODEX in a publicly accessible or notarised document, served notice in either Japanese or Singaporean press or any publicly available channel of communication, or accessible through a document request filed in a Japanese court (may or may not be under the Government Organizations Information Disclosure Law. I do not know if TV Tokyo is a state-owned enterprise of Japan); that ODEX may take legal action for TV Tokyo in Singapore for any perceived breach of copyright."
http://www.sgforums.com/?action=thread_display&thread_id=274429
Though I myself had never downloaded licensed Odex anime, I strongly think we should do something; by not supporting Odex or buy any of their products. They literally thinks that by suing you, every citizens will feel scared and thus buy from their miserable 'cheap', 'discounted' VCDs and DVDs just for a complete set of Inuyasha. -
Originally posted by Fire Star:
I'm not planning to buy any animes from ODEX ... I now watch my animes at crunchyroll and I can record them using realplayer ...
From : http://www.sgforums.com/?action=thread_display&thread_id=275113
A very simple view, and here is the reason why. They sue people not because of privacy infringement, authenticity or royalty infringement, but because Odex wants to earn money, quick money. They want people to buy their products, the complete set of series of Inuyasha, and whatever else they licensed.
[b]What is Odex? It is a Singaporean company that licenses and releases anime for local and South East Asian consumption, formed in 1998. They are definitely trying to earn big bucks here by a marketing network. Of course they can't earn big bucks if everyone downloads Inuyasha, that is why this suing case. They even talk the Singapore court and ISP into charging $3000-$5000 per individual. This is hilarious.
Why is it outrageous and unfair? It merely sends out 17 warning letters to citizens, but wants to sue thousands. It wants to silently ambush you. If you are reading this, here is what you all can do now. Don't buy from Odex company from now on. Let the court case continue, but don't buy anything licensed by Odex. You can buy from other honest, reasonable license companies. Let their sales rate be low, even empty. Let them go bankrupt in their sales market, even though they had sued you. Let them learn a lesson not to be a silent money sucker by forcing the ISP to change their terms of services and infringe upon your privacy, giving away your identity! We need to be smart now. And let us see the difference betweenus and the other countries, like Japan.
Quoted
"It has been noted that Article 38 of Japan's copyright law allows parties to 'distribute by wire a work already broadcast for non-profit purposes'. - Andy Ho, Straits Times 16th August 2007"
"(Performance, etc. not for profit-making)
Article 38
(2) It shall be permissible to diffuse by wire a work already broadcast, for non-profit-making purposes and without charging any fees to audience or spectators.
(3) It shall be permissible to communicate publicly, by means of a receiving apparatus, a work already broadcast or diffused by wire, for non-profit-making purposes and without charging any fees to audience or spectators. The same shall apply to such public communication made by means of a receiving apparatus of a kind commonly used in private homes"
The above two Sections of Article 38 places reasonable and fair doubt on ODEX's affidavit and claim to act on TV Tokyo's behalf, until the latter has expressively stated that it has authorised ODEX in a publicly accessible or notarised document, served notice in either Japanese or Singaporean press or any publicly available channel of communication, or accessible through a document request filed in a Japanese court (may or may not be under the Government Organizations Information Disclosure Law. I do not know if TV Tokyo is a state-owned enterprise of Japan); that ODEX may take legal action for TV Tokyo in Singapore for any perceived breach of copyright."
http://www.sgforums.com/?action=thread_display&thread_id=274429
Though I myself had never downloaded licensed Odex anime, I strongly think we should do something; by not supporting Odex or buy any of their products. They literally thinks that by suing you, every citizens will feel scared and thus buy from their miserable 'cheap', 'discounted' VCDs and DVDs just for a complete set of Inuyasha. [/b]
However , the resolution is not as clear as those dl-ed ...
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Remove money from the equation and there will be no case at all.
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Odex: Settlements hardly cover costs
Tuesday • August 21, 2007
Anime distributor Odex, embroiled in a legal tussle here with Internet Service Provider (ISP) Pacific Internet (PacNet) and irate fans over the illegal downloading of its video files, has clarified its position.
In a letter to the media, the firm, which successfully petitioned the courts to retrieve subscriber information from SingNet and StarHub and is awaiting judgment on PacNet, said the number of subscribers identified through its Internet Protocol (IP) addresses is much less than the 3,000 being stated.
It was reported that the firm is likely to seek compensation of up to $5,000 from each of the alleged offenders, amounting to about $15 million in compensation.
But Odex said the amount paid to it so far "has not covered even 20 per cent of its enforcement costs incurred to date".
The settlements are also not for damages, but "reimbursement" of expenses incurred "in pursuing these enforcement matters", it said.
Those who could not afford to pay have been allowed "significantly reduced" compensation amounts or instalment plans. It stated that Odex did not charge a 10-per-cent interest on such instalments.
According to Odex director Peter Go, the company had worked for more than a week with its lawyers on the letter, which sough to dispel the "misinformation".
"There are a lot of things that have been wrongly publicised," he said.
— Sheralyn Tay
Copyright MediaCorp Press Ltd. All rights reserved.
Reference: http://www.todayonline.com/articles/206676.asp -
Originally posted by Vigelic:
Never even cover 20% of their losses??? What! They loss hundred millions is it?
[b]Odex: Settlements hardly cover costs
Tuesday • August 21, 2007
Anime distributor Odex, embroiled in a legal tussle here with Internet Service Provider (ISP) Pacific Internet (PacNet) and irate fans over the illegal downloading of its video files, has clarified its position.
In a letter to the media, the firm, which successfully petitioned the courts to retrieve subscriber information from SingNet and StarHub and is awaiting judgment on PacNet, said the number of subscribers identified through its Internet Protocol (IP) addresses is much less than the 3,000 being stated.
It was reported that the firm is likely to seek compensation of up to $5,000 from each of the alleged offenders, amounting to about $15 million in compensation.
But Odex said the amount paid to it so far "has not covered even 20 per cent of its enforcement costs incurred to date".
The settlements are also not for damages, but "reimbursement" of expenses incurred "in pursuing these enforcement matters", it said.
Those who could not afford to pay have been allowed "significantly reduced" compensation amounts or instalment plans. It stated that Odex did not charge a 10-per-cent interest on such instalments.
According to Odex director Peter Go, the company had worked for more than a week with its lawyers on the letter, which sough to dispel the "misinformation".
"There are a lot of things that have been wrongly publicised," he said.
— Sheralyn Tay
Copyright MediaCorp Press Ltd. All rights reserved.
Reference: http://www.todayonline.com/articles/206676.asp [/b] -
read carefully.Originally posted by wonderamazement:Never even cover 20% of their losses??? What! They loss hundred millions is it?
But Odex said the amount paid to it so far "has not covered even 20 per cent of its enforcement costs incurred to date".
notice the word used is "so far".
if they successfully sue all of the 3000 downloaders, each paying $3000 - $5000, then they would probably earn from it. -
Earn from it?Originally posted by mamamamama:read carefully.
But Odex said the amount paid to it so far "has not covered even 20 per cent of its enforcement costs incurred to date".
notice the word used is "so far".
if they successfully sue all of the 3000 downloaders, each paying $3000 - $5000, then they would probably earn from it. -
Originally posted by Fire Star
I believe in the letter they mentioned that they've been authorised by their licensors and principals to take neccesary action against "offenders"??? If this is the case... Who are their licensors?
ODEX may take legal action for TV Tokyo in Singapore for any perceived breach of copyright. -
okay, whois peter ah?
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I will not believe that until a query sent to these studios in Japan is answered by their staff there.Originally posted by wonderamazement:I believe in the letter they mentioned that they've been authorised by their licensors and principals to take neccesary action against "offenders"??? If this is the case... Who are their licensors?
Right now, there is too much uncertainty in the air for ODEX's words to be taken very credibly. -
I posted an article from Todayonline in another thread.
linked below:
http://www.sgforums.com/?action=thread_display&thread_id=275223
Frankly, no need to overly complicate the matter on this... no need to look at the Japan situation cos Japan's laws are not extraterritorial and ODEX is taking action under the Singapore Copyright Act.
Copyright Act S136(3A) Quoted as per below:
So in a nutshell, I wonder how ODEX is going to substantiate its claim that (i) the extent of the infringement is significant and/or (ii) the person does the act to obtain a commercial advantage...
(3A) Where, at any time when copyright subsists in a work —
(a) a person does any act that constitutes an infringement of the copyright in a work other than an act referred to in subsection (1), (2), (3) or (6);
(b) the infringement of the copyright in the work by the person is wilful; and
(c) either or both of the following apply:
(i) the extent of the infringement is significant;
(ii) the person does the act to obtain a commercial advantage,
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. -
are they going to throw 3000 ppl to jail if they dun pay....
