Odex Seeking Compensation From Anime Downloaders
-
in every case must have two parties.. plaintiff and defendant.. in this case its ODEX vs downloaders.. now that odex has no right against the downloaders, the court cannot just take action unless theres someone against the downloaders.. which the court said has to be the copyright owner (which is in japan) or an exclusive licensee..Originally posted by RsSDumbSteR:Yea. But if i'm not wrong, the court might take action against those who downloaded illegally as long as it is a case of infringement .
or of cos i think the police can take action against the downloaders too.. then will be police (state) against the downloaders.. -
the japanese will not step into this case, downloaders of anime come from all over the world, if they take legal action against a community of cartoon loving kids in a small island they will be seen as a bully.
-
now heard tat....tat guy went borrow from the bank lor...slowly pay...
-
die mortal. hope odex go bankrupt. lucki i nvr kena caught yet.
-
ODEX IS GOING DOWN!!!!!
-
wow... means those people can unite to sue odex back?Originally posted by MohamedF:Extortion (Penal Code, Cap 224, Sec 383)
Whoever intentionally puts any person in fear of any injury* to that person or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
Illustrations
(a) ODEX threatens to publish a defamatory libel concerning DOWNLOADER, unless DOWNLOADER gives him (ODEX) money. He thus induces DOWNLOADER to give him money. ODEX has committed "extortion".
*injury = injury to mind, body, reputation or property -
On the duress thing, just be bit careful
The same argument was used by Chee Soon Juan few years back, when SM Goh and MM Lee sued him for defamation.
The judge's decision was that threatening legal action should not be seen as inducing duress on the defendant. This seems like what Odex did, threatening legal action.
The twist is, seems Odex doesnt have the right to initiate legal proceedings at all. -
ODEX threatened legal action and the prospect of criminal prosecution with a conviction.Originally posted by laurence82:On the duress thing, just be bit careful
The same argument was used by Chee Soon Juan few years back, when SM Goh and MM Lee sued him for defamation.
The judge's decision was that threatening legal action should not be seen as inducing duress on the defendant. This seems like what Odex did, threatening legal action.
The twist is, seems Odex doesnt have the right to initiate legal proceedings at all. -
But at the end, seems like they dont have the right to, right?Originally posted by LazerLordz:ODEX threatened legal action and the prospect of criminal prosecution with a conviction. -
Yeap.Originally posted by laurence82:But at the end, seems like they dont have the right to, right? -
Well my fren dun say too early man. maybe the letter is in ur letter box now!!Originally posted by Daisuke-kun:die mortal. hope odex go bankrupt. lucki i nvr kena caught yet. 
. -
So means if those people want to counter sue there is a case for em?Originally posted by laurence82:But at the end, seems like they dont have the right to, right?
Then they should rally up those that kena fines.
-
MaybeOriginally posted by stellazio:So means if those people want to counter sue there is a case for em?
Then they should rally up those that kena fines.
Anyway, Singnet and Starhub released personal data to unauthorised third party. In legal speak, its lack of due diligence on the part of Starhub and Singnet to find out to whether the party they released the data to are authorised third party or not. Heck, they did not even pursue the case, and only when Pacnet resisted then it was exposed that Odex dont have the right to initiate any legal proceedings or criminal prosecution at all
I can only say, the judicial system and corporate's social responsibility just took a stumble -
Love the judge Lau. Maybe he also DL anime too!!! or his children!!!!
hope when the appeal start is still him!!! and starhub file a sue back against them.
veri disappointed with singnet, they nv put up a fight and just gave them our IP to them. -
Singnet is well known for their farked up customer service anyway.Originally posted by laurence82:Maybe
Anyway, Singnet and Starhub released personal data to unauthorised third party. In legal speak, its lack of due diligence on the part of Starhub and Singnet to find out to whether the party they released the data to are authorised third party or not. Heck, they did not even pursue the case, and only when Pacnet resisted then it was exposed that Odex dont have the right to initiate any legal proceedings or criminal prosecution at all
I can only say, the judicial system and corporate's social responsibility just took a stumble
As for Starhub, they probably felt that it won't affect their subscription base much and probably thought of it as a gone case.
Either way, it goes to show how much emphasis they place on their customers.
-
If Pacnet can do it... How come singnet and starhub couldn't? The papers mentioned singtel gave in, by writing a letter to ODEX to allow them to obtain the ip address...
What's this! -
supporting pacnet is supporting internet freedom
-
This is sunny island singapore, welcome to the real world.Originally posted by wonderamazement:If Pacnet can do it... How come singnet and starhub couldn't? The papers mentioned singtel gave in, by writing a letter to ODEX to allow them to obtain the ip address... What's this! -
So again, the question goes, who will counter-sue ODEX ?
-
Anyway, Singnet and Starhub released personal data to unauthorised third party. In legal speak, its lack of due diligence on the part of Starhub and Singnet to find out to whether the party they released the data to are authorised third party or not. Heck, they did not even pursue the case, and only when Pacnet resisted then it was exposed that Odex dont have the right to initiate any legal proceedings or criminal prosecution at all
Right. I was thinking exactly that when reading the papers.
I bet that if this happened in the West such as in the States, people would be complaining and demanding for their privacy.
One may even be considering to file a lawsuit on behalf of the Customers against these ISPs who readily give away information. -
Well, there's no reason why these affected parties shouldn't pool their resources and file a class-action lawsuit against Starhub or Singnet.Originally posted by chiaz:Right. I was thinking exactly that when reading the papers.
I bet that if this happened in the West such as in the States, people would be complaining and demanding for their privacy.
One may even be considering to file a lawsuit on behalf of the Customers against these ISPs who readily give away information.
There are still Singaporeans who take their rights and privacy of their data seriously. It's just that they may not be in the majority. -
frm HWZ...very good writing to this saga.....
http://forums.hardwarezone.com/showthread.php?t=1704654&page=5
Although this might not be absolutely relevant to the Odex saga, I think the anime culture in Japan itself affects the attitudes of the anime and manga industry towards copyrights.
As pointed out earlier, within the the anime and manga scene in Japan, there are cosplayers and doujins writers. The same copyright laws that apply to fansubs apply to the participants of these classes of people as well. But this class of people (who are fans of this anime culture) feed the passion and interests of the fans, the very consumers who pay good money into this anime and manga industry.
The industry feeds off these cosplayers and doujin writers, and even go so faras to acknowledge and accept their presence - seen through allowing their participation, printing and sale of these doujins at manga fairs. To say nay to the fansubbers is to say nay as well to these classes of people, and therefore the industry players are wary not to exercise their rights absolutely to the extent to kill off the very fans feeding their consumers.
To those in the know of the culture in Japan, these anime and manga fans (otakus) are usually ostracised for their hobby. If you go for karaoke with you Japanese boss, picking a popular pop song might win you a raised eyebrow but picking an anime theme song kill your career. It is like dirty hobby, in the eyes of the general public. Shutting down on the fans who through cosplaying, fansubbing and doujins win more fans over to the "dark side" is itself commercial suicide.
But outside Japan, the attitudes towards anime and manga is different. Maybe some people will feel it is childish to still read "comics" and to watch "cartoons". Maybe some people will feel the hentai or ero-games that are part and parcel of the culture is distasteful and lewd. But because the fanbase outside of Japan is so much smaller, likewise the negative attitudes towards the fans are not as established or apparent. To this end, perhaps the industry players may wish to enforce their copyrights, but the question is to what end?
The way the industry works, as far as I know, is that the animation companies profit through sales of licences for exclusive distribution, licencing to television networks and use of their works for advertisements. Where they are involved in sales of media, it is usually within Japan itself and rarely overseas. The same goes for manga; overseas sales usually only involve an overseas distributor buying over the copyrights, translating the manga and selling it. The reason is basically that Japan has the highest concentration of Japanese speaking people in the world and these industry players in Japan are only producing goods for the Japanese speaking people. For everywhere else, they sell their licence. So the question they have to ask themselves in enforcing their copyrights overseas is "What benefit does it bring to me?"
Fansubs, just like doujins and cosplayers, feed the hobbyist and create an overseas culture for the goods these Japanese animating companies are selling. Because they are interested in selling licences for distribution, that the fact that there is fan base for distribution promotes their licence. They are not selling the medium (DVDs/VCDs) themselves to these overseas fans, they are only selling the licences. It is for the distributors who purchase these licences to worry about the fansubbers and downloaders. Thus, these distributors have the shortend of the stick.
But why do people still buy when they can download? In part the otaku culture is beyond just watching animes and knowing stuff about it. It is a serious hobby. Just like collecting stamps, it is not enough to just own a photocopy of a rare stamp. It is not enough to own a computer graphic of a scan of a rare stamp. You must own that stamp.
Likewise, otakus in Japan pour money for limited edition DVDs that can cost several times more than the regular versions. People spend thousands of yens on toy figurines that do nothing but collect dust. And this culture is contagious enough to affect overseas fans. To bring the point back to our little island, Odex if it is failed in anything is the failure to promote this otaku culture in Singapore. It has not produced quality DVDs, take part in fairs and promote limited edition or special edition goods. Heck, they don't even do a good job at subbing.
But I digress. The point I am trying to make is this: anime and manga is not music, movies or computer games. It is a fantasy world promoted and sustained by the fans through imitation in various forms of the work they support. It is as likely that the industry players would kill off fansubs as they would kill off they doujin writers and the cosplayers. We're talking about a different industry from Hollywood, it's a different kettle of fish. -
my hero -
Havent been following closely..So how have this saga been going...odex buang? or dlers buang??
-
Hopefully all those that kena fined bah... Those who nvr kena got nothing to do with this ma... Blardy hell, once my contract with starhub ends... Guess which ISP i'm gonna go...Originally posted by dbowie:So again, the question goes, who will counter-sue ODEX ?