Odex's actions against file sharing were Japan copyright owners'
pre-action discovery to Singapore
Internet Service Providers
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privatel ...
(ISPs) to request for subscribers details in Singapore who were traced to illegal download activities of their licensed anime series.
Odex
Odex Pte. Ltd. is a Singapore-based company that licenses and releases anime for local and regional Southeast Asian consumption. Odex was established in 1987 and set up its Anime Distribution department in 2000, selling anime in Singapore. ...
is a Singapore-based company that licenses and releases
anime
is Traditional animation, hand-drawn and computer animation, computer-generated animation originating from Japan. Outside of Japan and in English, ''anime'' refers specifically to animation produced in Japan. However, in Japan and in Japane ...
for local and regional
Southeast Asia
Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia, South-eastern Asia or SEA, is the geographical United Nations geoscheme for Asia#South-eastern Asia, south-eastern region of Asia, consistin ...
n consumption. As Japanese copyright owners are located in Japan, Odex, being holder of the Japanese anime license in Singapore, were appointed to submit legal documents and court proceedings on their behalf in Singapore.
Actions
Japanese copyright owners appointed Odex to engage Anti-Piracy Solution company, BayTSP, to track illegal downloading activities of Japanese animation in Singapore, using similar method employed by the
Recording Industry Association of America
The Recording Industry Association of America (RIAA) is a trade organization that represents the music recording industry in the United States. Its members consist of record labels and distributors that the RIAA says "create, manufacture, and/o ...
(RIAA) in the United States.
BayTSP took several months to obtain the
IP address
An Internet Protocol address (IP address) is a numerical label such as that is connected to a computer network that uses the Internet Protocol for communication.. Updated by . An IP address serves two main functions: network interface ident ...
es and evidences of illegal download activities of downloaders from Singapore. BayTSP singled out the website
AnimeSuki
AnimeSuki (from Japanese ''anime'' and is a website and once considered "... the largest database of BitTorrent anime shows" that focused on providing unlicensed anime fansubs using the BitTorrent (protocol), BitTorrent peer-to-peer system. The ...
as a major source of the downloads and tracked many of its
BitTorrent users.
From early 2007 to January 2008, court orders for Pre-Action Discovery with evidence of illegal download activity were issued to various ISPs to request for their subscriber's details.
In May 2007, ISP
SingNet
Singapore Telecommunications Limited, commonly known as Singtel, is a Singaporean telecommunications conglomerate and one of the four major telcos operating in the country. The company is the largest mobile network operator in Singapore with ...
consented in writing to release details on internet accounts associated with illegal download activity.
On 13 August, further documentations are submitted to court and a court order is issued to ISP
StarHub
StarHub Limited, most commonly known as just Starhub, is a Singaporean multinational telecommunications conglomerate and one of the major telcos operating in the country. Founded in 1998, it is listed on the Singapore Exchange (SGX).
History ...
, to reveal the identities of account holders linked to illegal download activities.
It is subsequently revealed that Starhub did not disclose account holders's information to Odex as they were reviewing their rights when Odex lost their appeal to
Pacific Internet
Pacnet was a global telecommunications service provider between 2008 and 2015. It was formed from the operational merger of Asia Netcom and Pacific Internet on 8 January 2008. It was owned by a private investor group comprising Ashmore Investm ...
(PacNet).
Japanese copyright owners were represented by law firm
Rajah & Tann
Rajah & Tann Singapore LLP is a law firm headquartered in Singapore, with affiliate offices in Cambodia, China, Indonesia, Laos, Malaysia, Myanmar, Philippines, Thailand and Vietnam , DUTAMAS Founded in 1976, it is a member firm of Rajah & Tan ...
in the Pre-Action Discovery court procedure to the major ISPs, including its application against PacNet. Odex is the appointed representative of Japanese copyright owners on the legal proceedings and applications to court.
After rulings from the
Subordinate Courts of Singapore
The State Courts of Singapore (formerly the Subordinate Courts) is one of the three categories of courts in Singapore, the other categories being the Supreme Court and Family Justice Courts. The State Courts comprise the District and Magistrate C ...
,
letters of demand by Odex were sent to alleged offenders demanding compensation in lieu of legal actions.
The recipients were asked to contact Odex within one week and pay
settlement
Settlement may refer to:
*Human settlement, a community where people live
*Settlement (structural), the distortion or disruption of parts of a building
* Closing (real estate), the final step in executing a real estate transaction
*Settlement (fin ...
fees from
S$3,000 to S$5,000 or face legal action. The recipients also had to sign a
non-disclosure agreement
A non-disclosure agreement (NDA) is a legal contract or part of a contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish ...
, promise to destroy all copies of the downloaded anime, and stop downloading the copyrighted material.
Some alleged offenders decide on litigation. The lawsuit ended in 2011 with the Singapore Subordinate court ruling in favour of the copyright owners and penalty being SGD$5,000 per episode damages to be paid to copyright owners for every episode caught for illegal download, totalling SGD$125,000. Interest of SGD$15,095.58 and legal costs of SGD$12,263.76 was also awarded in favour of Japanese copyright owners.
There was speculation from the online community that the company would collect approximately S$15 million from 3,000 individuals from out-of-court settlements, but Odex responded that it did not require each of them to pay a uniform S$5,000. The main factor it considered when deciding the level of compensation to demand was the amount of downloading by each individual. Odex confirmed that more than 3,000 IP addresses had been disclosed as a result of the court orders, but estimated that the amount collected would cover less than 20% of its enforcement costs. The company's director, Peter Go, subsequently revealed that most of the compensation payments had been paid to BayTSP and to ISPs for the retrieval of their subscribers' personal data. He justified his company's actions by stating that, according to BayTSP's statistics, Singapore had one of the highest rates of illegal anime downloads in the world and that Odex wanted to reduce this by 85%.
On 3 September 2007, Odex's director Stephen Sing announced on his company's internet forum that Odex would no longer send letters of demand to Internet users who had stopped their illegal downloading since the beginning of the enforcement drive. Two weeks later, Odex installed an online warning system developed by BayTSP that generated cease and desist
A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not dis ...
emails intended for the alleged downloaders. The company relied on ISPs to forward such emails to their subscribers who engaged in illegal download activity. Sing states that Odex under the instructions of copyright owners would rely on weekly reports generated by BayTSP to continue the anti-piracy drive, and if necessary would resort to legal action if illegal downloading activity escalates.
On 29 January 2008, the High Court handed down its ruling on Odex's appeal that the earlier documentation of Odex as representation of Japanese copyright owners is not sufficient and further documentation of Power of Attorney and Warrant to Act is required. The court upon receiving the additional legal documents from copyright owners ordered Pacific Internet had to release the names of the alleged illegal downloaders details. This ruling does not change Odex's role as Japanese copyright owner's representative to act on their behalf in Singapore.
Reactions
The company's actions attracted national media attention and were harshly criticised by the Singaporean anime community as "sudden and severe". Anime fans were outraged by the issuing of legal threats to children as young as nine years old, as they believed children were unable to differentiate between legal and illegal downloading. There were widespread calls in online blogs and forums to boycott Odex's products.[
]
Odex blamed the approximate 70% fall in its Video CD
Video CD (abbreviated as VCD, and also known as Compact Disc Digital Video) is a home video format and the first format for distributing films on standard optical discs. The format was widely adopted in Southeast Asia, Central Asia and the ...
(VCD) and Digital Video Disc
The DVD (common abbreviation for Digital Video Disc or Digital Versatile Disc) is a digital optical disc data storage format. It was invented and developed in 1995 and first released on November 1, 1996, in Japan. The medium can store any ki ...
(DVD) sales in 2006 and 2007 on illegal downloading.[ The response of anime fans was that the fall in sales was because Odex's products were inferior, inaccurately translated, and released later than the online versions.] Odex subsequently attributed the inaccurate subtitling
Subtitles and captions are lines of dialogue or other text displayed at the bottom of the screen in films, television programs, video games or other visual media. They can be transcriptions of the screenplay, translations of it, or informati ...
on censorship laws against mature themes (such as yaoi
''Yaoi'' (; ja, やおい ), also known by the ''wasei-eigo'' construction and its abbreviation , is a genre of fictional media originating in Japan that features Homoeroticism, homoerotic relationships between male characters. It is typi ...
) and on fansub
A fansub (short for fan-subtitled) is a version of a foreign film or foreign television program, typically anime or dorama which has been translated by fans (as opposed to an officially licensed translation done by paid professionals) and subtitl ...
bers—anime fans who had translated the Japanese dialogue—whom they had hired. In response, the Board of Film Censors said that it did not ask for subtitles to be changed, that it merely classified content, and that the onus was on distributors to ensure accurate subtitles. In addition to problems of quality and scheduling, criticisms were directed at Odex's litigious strategy and poor public relations. Odex received support from the Anti Video Piracy Association of Singapore
Anti Video Piracy Association of Singapore (AVPAS) is a copy protection consortium with other anime producers founded by Odex on 30 July 2003. The association lists over 400 titles (as of 25 May 2007) and is supported by at least one governmenta ...
(AVPAS) in making its demands for compensation.
Stephen Sing was mocked and criticised after posting comments to an online forum which many considered to be gloating. Messages posted by Sing under the nickname "xysing" included "Me too busy suing people" and "Hahahahah! I double-6-ed so many downloaders serve them right!"[ Sing was labelled the "most hated man in Singapore's anime community" by members of the ]blogosphere
The blogosphere is made up of all blogs and their interconnections. The term implies that blogs exist together as a connected community (or as a collection of connected communities) or as a social networking service in which everyday authors can p ...
, a wanted poster
A wanted poster (or wanted sign) is a poster distributed to let the public know of a person whom authorities wish to apprehend. They generally include a picture of the person, either a photograph when one is available or of a facial composite ...
with his face circulated online, and he was taunted openly in his office. Sing asserted that threats of arson, assault and even death were made against him and filed a police report.[ Although he expressed regret over the remarks because they were a "PR disaster" and "very wrong", he said that he had written them while feeling frustrated and did not apologise.][ He dismissed his "double-6-ed" remark, an expression of joy at the threats of lawsuits, as having been made "two months ago", but it was revealed that they had been made only three weeks earlier.][ A '']Sunday Times
''The Sunday Times'' is a British newspaper whose circulation makes it the largest in Britain's quality press market category. It was founded in 1821 as ''The New Observer''. It is published by Times Newspapers Ltd, a subsidiary of News UK, whi ...
'' article condemned these online responses as "propaganda" spread by " lynch mobs" and noted that some of these netizens
The term netizen is a portmanteau of the English words ''internet'' and '' citizen'', as in a "citizen of the net" or "net citizen". It describes a person actively involved in online communities or the Internet in general. had revealed the home addresses of Odex employees.[ Odex placed a quarter-page advertisement in '']The Straits Times
''The Straits Times'' is an English-language daily broadsheet newspaper based in Singapore and currently owned by SPH Media Trust (previously Singapore Press Holdings). ''The Sunday Times'' is its Sunday edition. The newspaper was established ...
'' on 22 August 2007 to explain its actions.
Members of an online forum expressed their unhappiness by selling "anti-Odex" T-shirts. Another netizen created a video parody
A parody, also known as a spoof, a satire, a send-up, a take-off, a lampoon, a play on (something), or a caricature, is a creative work designed to imitate, comment on, and/or mock its subject by means of satiric or ironic imitation. Often its subj ...
, entitled ''Xedo Holocaust'', and uploaded it to YouTube and other video-sharing websites. A website was established giving details of an "Odex VCD recycling drive", where those who joined could exchange their Odex VCDs for a black awareness ribbon to wear. A protest by a few people with several action figurines took place on 25 August 2007 under intense police scrutiny, which was considered by Western observers to be a rarity in Singapore.[ (Also published in '']The Brunei Times
''The Brunei Times'' was an independent English-language daily compact broadsheet newspaper published in Brunei Darussalam from 2006 to 2016. It was owned by Brunei Times PLC.
History
The paper was introduced at a soft launch on 1 July 200 ...
'', 16 September 2007) An online group, Xedo Defense, was set up to provide support for the downloaders facing legal action. It raised funds to hire a collective lawyer from Infinitus Law Corporation to represent two of the downloaders when suits were filed against them in November 2008 by the anime studios.
There were assertions that Odex had charged 10% interest for settlements paid through an instalment plan,[ but a press release by the company denied that it had required any such interest payments.][ By September 2007, 105 out of the 300 SingNet subscribers who had received letters had negotiated with and paid Odex,] although, in a news conference, Odex said that it had neither forced payment from nor fined anyone. The company explained that it would not profit from the enforcement process and intended to donate to charity any excess amount received. It would also release a financial audit of all the money collected at the close of proceedings. On 31 August 2007, in an attempt to address criticisms of late releases, Odex began to offer video on demand
Video on demand (VOD) is a media distribution system that allows users to access videos without a traditional video playback device and the constraints of a typical static broadcasting schedule. In the 20th century, broadcasting in the form of o ...
(VOD) on its relaunched website. Users could legally download and unlock a digital rights management (DRM)-protected anime episode at S$2 for seven days.[
In mid-November 2007, the cease-and-desist emails initiated by Odex and BayTSP reached several users in Japan, France, and the United States, some in the form of ]Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or s ...
(DMCA) notices from their ISPs. Although Odex and BayTSP announced shortly afterwards that the emails were sent out in error, Japanese commentators suggested that the enforcement action was "a step in a right direction". On 21 November 2007, Odex's website was hacked and defaced and the VOD service put out of action. Its main page was replaced by an angry message against the company's legal actions, and experts interviewed by representatives of the local media said that the perpetrator likely was from Singapore.[
]
''Odex v. Pacific Internet''
Subordinate Courts' decision
On 16 August 2007, Odex initiated legal action against a third Internet Service Provider, Pacific Internet
Pacnet was a global telecommunications service provider between 2008 and 2015. It was formed from the operational merger of Asia Netcom and Pacific Internet on 8 January 2008. It was owned by a private investor group comprising Ashmore Investm ...
. Odex sought to have Pacific Internet disclose the personal information of about 1,000 subscribers. The closed-door hearing was held on 23 August 2007 in the Subordinate Courts
A hierarchy (from Greek: , from , 'president of sacred rites') is an arrangement of items (objects, names, values, categories, etc.) that are represented as being "above", "below", or "at the same level as" one another. Hierarchy is an important ...
, where District Judge Earnest Lau ruled that Pacific Internet did not have to reveal its subscribers' personal information. Lau believed that Odex was not the correct party to make the application, despite having permission to prosecute on behalf of the Japanese anime studios. The decision came as a surprise to many, and Odex quickly announced its intent to appeal. Although Lau denied Odex the court order, he warned that the right to privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948 ...
was no defence for copyright infringement.
In light of the decision, the ISP StarHub
StarHub Limited, most commonly known as just Starhub, is a Singaporean multinational telecommunications conglomerate and one of the major telcos operating in the country. Founded in 1998, it is listed on the Singapore Exchange (SGX).
History ...
, represented by Drew & Napier
Drew & Napier LLC is one of Singapore’s leading law firms. Founded in 1889, the firm has more than 500 employees. It is regarded as one of the “Big Four” law firms in Singapore.
Drew & Napier regularly advises governments, government in ...
, said "e are
E, or e, is the fifth letter and the second vowel letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''e'' (pronounced ); plur ...
assessing our options, given the different decisions rendered by the court". Meanwhile, it was revealed that SingNet had consented to Odex's application, had not instructed its lawyers to attend the hearing, and the two-week deadline for appealing against the application had passed. SingNet's failure to contest Odex's application, perhaps even expediting it,[ was perceived by some of its subscribers as a voluntary ]breach of privacy
Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be collected by governments, public o ...
. SingNet later declared that it neither "gave consent" nor assisted Odex in its application for the release of subscriber information,[ and that its customer subscriptions remained unaffected.]
In a rare move, District Judge Earnest Lau released a 14-page judgment explaining the court's denial of Odex's request for Pacific Internet's client information.[ He compared Odex's demands to an ]Anton Piller order
In English and English-derived legal systems, an Anton Piller order (frequently misspelled ''Anton Pillar order'') is a court order that provides the right to search premises and seize evidence without prior warning. This is intended to prevent t ...
, which provides for the right to search premises and seize evidence without prior warning. Seen as draconian, it is only used under extreme circumstances. He held that only copyright holders themselves, or their exclusive licensees, can bring such applications and that he was not satisfied with the evidence harvested by BayTSP for the identification of downloaders. Out of all the anime licensed to Odex, only the license in respect of ''Mobile Suit Gundam SEED
is an anime series developed by Sunrise and directed by Mitsuo Fukuda. The ninth installment in the ''Gundam'' franchise, ''Gundam SEED'' takes place in a future calendar era, in this case the Cosmic Era. In this era, mankind has devel ...
'' had been granted exclusively to the company.[ The judge noted that, out of the 13 authorisation letters presented in court, ten of them authorised the ]Anti Video Piracy Association of Singapore
Anti Video Piracy Association of Singapore (AVPAS) is a copy protection consortium with other anime producers founded by Odex on 30 July 2003. The association lists over 400 titles (as of 25 May 2007) and is supported by at least one governmenta ...
(AVPAS), not Odex, to act for the copyright holders. Odex was ordered to pay Pacific Internet's legal costs of S$7,000.[
]
High Court appeal
Odex's appeal against the Subordinate Courts' decision began on 3 October 2007 before Justice Woo Bih Li
Woo Bih Li is a Singaporean judge of the Supreme Court.
Woo received his Bachelor of Laws from the University of Singapore in 1977, and was admitted as an advocate and solicitor of the Supreme Court the following year. He joined the Singapore ...
in the High Court. BayTSP's CEO, Mark Ishikawa, and representatives of four Japanese studios, including TV Tokyo
JOTX-DTV (channel 7), branded as and known colloquially as , is a television station headquartered in the Sumitomo Fudosan Roppongi Grand Tower in Roppongi, Minato, Tokyo, Japan, owned and operated by the subsidiary of listed certified b ...
, Gonzo
Gonzo may refer to:
People
* Gonzo (nickname), a list of people with the nickname
* Radislav Jovanov Gonzo (born 1964), Croatian music video director Radislav Jovanov, also known as Gonzo
* Matthias Röhr (born 1962), German musician whose sta ...
and Toei Animation
() is a Japanese animation studio primarily controlled by its namesake Toei Company. It has produced numerous series, including ''Sally the Witch,'' ''GeGeGe no Kitarō,'' ''Mazinger Z'', ''Galaxy Express 999'', ''Cutie Honey'', ''Dr. Slump'', ' ...
, flew to Singapore to testify on behalf of Odex.[ Although the Japanese companies intended to file lawsuits themselves should Odex fail,] the High Court approved their addition as parties to Odex's appeal.
In his judgment of 29 January 2008, Justice Woo ordered Pacific Internet to release its subscribers' information only to the six Japanese companies that were parties to the case. He explicitly denied Odex access to this information. He upheld District Judge Lau's decision that Odex was not the correct party to have asked for release of subscriber data. As a result, he directed the company to pay Pacific Internet's legal costs of S$20,000.[ Following the ruling, some downloaders who had already settled with Odex planned a countersuit to recover their settlement monies.] The ruling may have set a precedent for online privacy in Singapore by making it more difficult for copyright licensees to take legal action against downloaders.[
]
Further developments
Subsequent action by anime studios
In early August 2008, seven months after the High Court ruling, Showgate
, until October 1, 2015 , is a Japanese production company and distributor of films and series.
Works
*''CB Chara Go Nagai World'' (1990)
*'' Burn Up'' (1991)
*'' Giant Robo: The Day the Earth Stood Still'' (1992)
**''GinRei Specials'' (1994 ...
(previously Toshiba Entertainment), Geneon Entertainment
(abbreviated as NBCUEJ) is a Japanese music, anime, and home entertainment production and distribution enterprise headquartered in Akasaka, Minato, Tokyo. It is primarily involved in the production and distribution of anime within Japan.
Th ...
, Sunrise
Sunrise (or sunup) is the moment when the upper rim of the Sun appears on the horizon in the morning. The term can also refer to the entire process of the solar disk crossing the horizon and its accompanying atmospheric effects.
Terminology
Al ...
, Gonzo
Gonzo may refer to:
People
* Gonzo (nickname), a list of people with the nickname
* Radislav Jovanov Gonzo (born 1964), Croatian music video director Radislav Jovanov, also known as Gonzo
* Matthias Röhr (born 1962), German musician whose sta ...
and TV Tokyo
JOTX-DTV (channel 7), branded as and known colloquially as , is a television station headquartered in the Sumitomo Fudosan Roppongi Grand Tower in Roppongi, Minato, Tokyo, Japan, owned and operated by the subsidiary of listed certified b ...
initiated their own legal actions against downloaders. Like Odex, they were represented by Rajah & Tann and sent out letters of demand for payment to SingNet, StarHub and Pacific Internet subscribers asking users to "enter discussions" with the studios' solicitors within seven days. Showgate, which supported Odex in its appeal against Pacific Internet, consulted Odex before beginning its legal actions.[ Settlements were reported to range between S$5,000 and S$6,000 per person,][ and in August 2008, BayTSP was reported to be in contractual talks with other anime studios to track downloaders in Singapore.][
Three months later, the anime studios filed a writ of summons with the Subordinate Courts against four "heavy downloaders".][ The hearing was speculated to begin in 2009 or 2010, with legal fees ranging from S$50,000 to S$80,000.][ Because of its bearing on downloaders of other media, such as movies and games, the suits were closely watched by the public.][ In 2010 it was reported that Odex's effort was unsuccessful as it was not the primary copyright holder.
]
Similar actions in Singapore by other media owners
In April 2015, the makers of Dallas Buyers Club
''Dallas Buyers Club'' is a 2013 American biographical drama film written by Craig Borten and Melisa Wallack, and directed by Jean-Marc Vallée. The film tells the story of Ron Woodroof (Matthew McConaughey), an AIDS patient diagnosed in the mi ...
successfully obtained a court order against two major ISPs Starhub
StarHub Limited, most commonly known as just Starhub, is a Singaporean multinational telecommunications conglomerate and one of the major telcos operating in the country. Founded in 1998, it is listed on the Singapore Exchange (SGX).
History ...
and M1 to reveal customers who have allegedly downloaded illegal copies of the movie. Samuel Seow Law Corporation represented the makers in sending demand letters to more than 500 subscribers asking for a written offer of damages and costs. This is the second reported instance of a major legal action taken by a media company against individuals in Singapore for alleged illegal downloading since Odex.
Legal opinions and analysis
The case was covered extensively by the country's newspapers. In ''The Straits Times
''The Straits Times'' is an English-language daily broadsheet newspaper based in Singapore and currently owned by SPH Media Trust (previously Singapore Press Holdings). ''The Sunday Times'' is its Sunday edition. The newspaper was established ...
'' of Singapore, lawyers who were interviewed said anime fans would not have a strong defence against Odex if proof of uploading or downloading of unauthorised videos was presented. In his analysis, Thomas Koshy—a legal academic writing in ''Today
Today (archaically to-day) may refer to:
* Day of the present, the time that is perceived directly, often called ''now''
* Current era, present
* The current calendar date
Arts, entertainment, and media Films
* ''Today'' (1930 film), a 1930 A ...
''—questioned the legality of Odex's threatening criminal prosecution of downloaders. Koshy maintained that only the Attorney-General had the power to prosecute and that there was no indication that he had authorised Odex to conduct prosecutions on his behalf. Moreover, Koshy opined that it was improper for Odex to have combined its demand for compensation with a threat of criminal prosecution; although Odex's letters alleged "illegal downloading activity", the company threatened punishment associated with the more serious offence of distributing materials which infringed copyrights. Koshy noted that Odex had cited a legal provision intended to regulate people's file sharing for monetary gain rather than downloading by a casual consumer.[ Burton Ong, an associate professor at the ]National University of Singapore Faculty of Law
The National University of Singapore Faculty of Law (NUS Law) is Singapore's oldest law school. NUS Law was initially established in 1956 as the Department of Law in the University of Malaya. After its establishment, NUS Law was Singapore's only ...
, suggested that an anime fan who downloaded a few episodes may have been able to rely on "fair dealing
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.
Fair dealing is an en ...
" as a defence against the charge of copyright infringement. One of the criteria for pursuing this line of defence would have been proving that the download subsequently boosted, rather than undermined, the commercial viability of the anime industry.
Anime fans and sympathisers used the Internet to raise funds and lodge a legal challenge to Odex's methods; one Internet user created an invitation-only forum for those considering going to court against Odex over its allegations of illegal downloads. Fans solicited legal advice
Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a p ...
and put together a library of relevant material. A letter to ''The Straits Times'' pointed out that downloaders deciding to settle out of court with Odex were afforded no protection from lawsuits initiated by other companies within the anime industry.
Following District Judge Earnest Lau's ruling in the ''Odex v. Pacific Internet'' lawsuit, Koshy expressed his belief that SingNet might be in breach of the spirit of the Telecommunications Competition Code, which protects the confidentiality of subscribers' information and prohibits unauthorised release.[ Another lawyer interviewed by ]ZDNet
ZDNET is a business technology news website owned and operated by Red Ventures.
The brand was founded on April 1, 1991, as a general interest technology portal from Ziff Davis and evolved into an enterprise IT-focused online publication.
Hist ...
, however, did not think that SingNet's actions were improper,[ and a spokesman for the Infocomm Development Authority announced that SingNet was found to be in compliance with the code.][ Andy Ho, another ''The Straits Times'' editor, expressed concern that private entities might use intellectual property laws invasively, thus precipitating a ]chilling effect
In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. A chilling effect may be caused by legal actions such as the passing of a law, the ...
on free speech; he called for privacy law
Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be Personally identifiable information ...
s to be quickly enacted.
See also
*''BMG Canada Inc. v. John Doe
''BMG Canada Inc. v. Doe'', aff'd , is an important Canadian copyright law, file-sharing, and privacy case, where both the Federal Court of Canada and the Federal Court of Appeal refused to allow the Canadian Recording Industry Association (CRIA) ...
''
*Legal issues with BitTorrent
The use of the BitTorrent protocol for the unauthorized sharing of copyrighted content generated a variety of novel legal issues. While the technology and related platforms are legal in many jurisdictions, law enforcement and prosecutorial age ...
*Trade group efforts against file sharing
Arts and media industry trade groups, such as the International Federation of the Phonographic Industry (IFPI) and Motion Picture Association of America (MPAA), strongly oppose and attempt to prevent copyright infringement through file sharing. Th ...
Notes and references
Further reading
Odex's legal threat letter – "Illegal Online Downloads"
Stephen Sing (hosted by DarkMirage). Retrieved 16 August 2007
Notes from a Conversation with Dr. Toh See Kiat
5parrowhawk. Retrieved 16 August 2007
Grounds of decision, Odex Pte Ltd v. Pacific Internet Limited
District Judge Earnest Lau, The Subordinate Courts of Singapore. Retrieved 4 September 2007
{{DEFAULTSORT:Odex's Actions Against File-Sharing
Anime industry
Copyright infringement
File sharing
High Court of Singapore case law
Internet in Singapore
Singaporean case law
Odex