Odex Seeking Compensation From Anime Downloaders
-
what did he do?Originally posted by Aaron8209:my fren bro fren was fine 80k....wth...insane -
ermm...heard that hes anime Freak....he downloaded alot alot...tats y kena,..my classmate frens oso got kena...bt 3k only...
-
WARNING:
Topic may cause flame/unintentional offence, please quote as little as possible, so users can edit.
we shld stop dowloading!
-
i was wondering on what ground can they ask for compensation for the illegal download?
are the anime content copyright under them? i don even know that there is Singapore company who is such a big player in the anime industry... -
i will ask the judger wat is the purpose for broadband connection, or in simple high speed connection..
-
Pacnet users are safe
-
All Pacnet has to do is show that the claims ODEX made are not legitimate isn't it?Originally posted by RsSDumbSteR:Still to early to say.
Although Pacnet has won this case and district Judge Lau denied Odex the court order, he has warned that the right to privacy was no defence for copyright infringement.
So before we know it, even pacnet may be forced to reveal those 1000 people who have downloaded anime.
http://en.wikipedia.org/wiki/Odex%27s_actions_against_file_sharing#Odex_v._Pacific_Internet
Importantly, they need to confirm that ODEX is the "exclusive licensee."
Under the Copyright Act, exclusive licensee is defined:
“exclusive licence” means a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorising the licensee, to the exclusion of all other persons, to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do, and “exclusive licensee” shall have a corresponding meaning;
So are they the right people to take such actions? -
where the hell he's going to find 80k man. he downloaded all the animes ever produced issit.Originally posted by Aaron8209:ermm...heard that hes anime Freak....he downloaded alot alot...tats y kena,..my classmate frens oso got kena...bt 3k only...
-
80k?
hey how do they even calculate the damages..
-
How da hell? I thot the court was supposed to decide on damages or compensation?Originally posted by stellazio:80k?
hey how do they even calculate the damages..
Btw, the word shouldn't be "Fine." If they used that word... they think they who? zeng hu ah? -
odex cannot link ip address to owner. only our isp can and odex needs to get a court order to get the information from our isp.Originally posted by tripwire:i dont know much about what is going on... but if they can link IP to address and owner... wat would happen if this information falls into the hands of foreign intelliegience??
would they be able to use those IP and start profiling all our ministers and senior officials and dig into all their little dirty secret... like porn surfing.. secret swiss account... and other sensitive issues?
think how much a hold our enemies would have on us... if they found our PM IP frequent visit to a swiss bank on the internet... or maybe our health minister IP goggling all the porn sites... or our malay ministers IP making racist remarks in some forums....?
with hackers... they could easily hack into our ministers computer and start downloading all our top secrets!!... since now they knew which IP to target. -
Oh, I found something in the Copyright act that seems interesting enough.
Filming or recording broadcasts or programmes for private and domestic use
In Singapore, you can record a broadcast or program for private consumption. And it seems that as long as we don't profit from it commercially.
114. —(1) The copyright in a television broadcast or a cable programme, or in a literary, artistic, dramatic or musical work or a cinematograph film included in the broadcast or programme, insofar as it consists of visual images, is not infringed by the making of a cinematograph film of the broadcast or the cable programme for the private and domestic use of the person by whom the cinematograph film is made.
(2) The copyright in a sound broadcast, a television broadcast or a cable programme, or in a literary, dramatic or musical work, a sound recording or a cinematograph film included in the broadcast or programme, insofar as it consists of sounds, is not infringed by the making of a sound recording of the broadcast or the cable programme for the private and domestic use of the person by whom the sound recording is made.
(3) For the purposes of this section, a cinematograph film or a sound recording shall be deemed to be made otherwise than for the private and domestic use of the person by whom it is made if it is made for the purpose of —
(a) the sale or letting for hire of the film or the sound recording, as the case may be;
(b) broadcasting the film or recording or including it in a cable programme; or
(c) causing the film or recording to be seen or heard in public.
In Japan, where the copyright owners are, they can record a broadcast and distribute as long as its not for profit.
What we have on the internet are essentially hi-quality recordings of these broadcast from Japan. They are subbed over by kind souls for ppl like us OUTSIDE Japan to watch and enjoy.
I think the last part is interesting.(c) causing the film or recording to be seen or heard in public.
The internet domain is considered public. But did any of these ppl who were sent letters directly CAUSE its circulation?
Finally, I guess the people who received the letters for 80k claims, should really check in with the lawyers and if necessary, go to court. I don't believe they should let ODEX just claim statutory damages just like that.
If really so good to earn, I also go and obtain a few licences for anime to sub n distribute. Sales no good, I go sue people. No need to work loh. -
Which is why the ODEX case is on quite shaky ground.
-
The downloaders are INNOCENT! HOORAY! Court rules in Pacnet favour! ODEX HAS NO RIGHT!
For those who paid the fines, PLS SUE ODEX FOR THE MONEY BACK!
RE: http://www.channelnewsasia.com/stories/singaporelocalnews/view/295902/1/.html
Singapore News
Odex had "no right of civil action" against illegal downloaders
25 August 2007 0158 hrs (SST)
SINGAPORE : Anime distributor Odex had "no right of civil action" against illegal downloaders.
This is because it was just a sub-licensee and not the copyright owner or exclusive licensee for most of the anime titles sold here.
This is the rationale behind the court's surprise dismissal of Odex's bid to get Pacific Internet (PacNet) to disclose its customers' identities.
The judge's 13-page grounds of decision was released on August 24.
District Judge Earnest Lau also noted that Odex was also in no position to initiate criminal prosecution.
On August 23, the judge ordered the company to pay legal costs of more than $7,000.
The judge also expressed unease over the hasty manner in which Odex tried to go after some 1,000 PacNet subscribers.
In particular, he was not convinced of the investigation method it used to uncover the IP addresses and pinpoint the alleged wrongdoers.
Industry observers had expected the court to rule in Odex's favour.
This is especially after it had successfully forced two other Internet service providers, StarHub and SingNet, to hand over the data of those suspected of illegal downloading.
In its letters of demand, Odex is asking for $3,000 to $5,000 compensation and also hinted of criminal prosecution should the subscriber refuse to pay up.
But the judge said under the Copyright Act, "only the copyright owner and the statutory exclusive licensee Â… have the right to take action against copyright infringers".
He added that Odex appeared to be the exclusive licensee for just one title, Mobile Suit Gundam Seed.
Odex said it would be appealing against the judgement. - CNA /ls -
It just shows that my earlier points are right! along with many others who raised similar points.
odex is not in a position to go around fining people and intimidating pple with legal action..
and the best part is they ownself kena "fined" to pay $7000 in legal fees for the case against pacnet
"The judge also expressed unease over the hasty manner in which Odex tried to go after some 1,000 PacNet subscribers."
anyone can see this. odex so enthu to catch all the pple is not for copyright issues is to earn money -_- imo la.
"In its letters of demand, Odex is asking for $3,000 to $5,000 compensation and also hinted of criminal prosecution should the subscriber refuse to pay up.
But the judge said under the Copyright Act, "only the copyright owner and the statutory exclusive licensee Â… have the right to take action against copyright infringers"."
which means that the fines already levied on singnet and starhub subscribers are WRONG. odex had no right to fine them. the people should not have paid odex at all. they should have gone to court - since that is what odex has been threatening anyway. -
too busy suing people right, stupid stephen sing.
i hope odex bankrupt, and stephen sing along with it. the higher you climb, the harder you fall!!
he was soooooooo arrogant when he sued people. now i hope he's losing sleep over this -
den why singtel and starhub nv fight case?
wad happen to m1 aniway? why no mention at all -
.. m1 don't have internet services wat. only singnet and starhub.
starhub and singnet cannot fight case now cuz too late for them to appeal -
starhub singnet... like scared of odex -_-"
pacnet went to court to fight it out.
I bet more people will switch to pacnet after this.
$7000? I thnk it's nothing to odex eh.
If odex bankrupt, and stephen sing is sleeping on the streets.
I can imagine the anime downloaders in singapore starting a mass download and a few nights of partying!
-
question now is since they have signed the letter that admit their guilt, would they be able to do anything now?Originally posted by Vigelic:which means that the fines already levied on singnet and starhub subscribers are WRONG. odex had no right to fine them. the people should not have paid odex at all. they should have gone to court - since that is what odex has been threatening anyway. -
a lawyer should be able to prove that the signed becuase they believed that the law was on ODEX's side, so they were "forced" to sign. Maybe that can dismiss the charges and get the fine backOriginally posted by Ito_^:question now is since they have signed the letter that admit their guilt, would they be able to do anything now? -
Now we know which ISP protects customers.
-
Read straits times/edmw today...alot of threads on Odex.
Its a big twist now, so are those people who kana odex-ed going to pay or not?
Since the judge says Odex has no rights to claim payment from downloaders because they are not copyright holders themselves. Worst of all they showed letters of OTHER anime distributors to let Odex help them to claim payment but the thing is, they are distributors but not the copyright holder themselves! -
Saga not over yet, don pass judgment so soon
-
but didn;t Odex mention that they were suing on the behalf of their 'japanese counterpart'? hmm.. i really wonder who their 'japanese counterpart' are..
maybe the saga isn;t over yet for those poor downloaders.. but it was really foolish to download via bitorrent <-- since you become part of a circulation...
stick to rapidshare lar.. u can't do wrong..