I'll say we jump in too fast on Singnet. Not that I'm helping
Singet, do we ever know if the lawyers they hired know much about
Copyright Act or TCC Act?
Strictly speaking, the T&C signed by customer would have given
ODEX the rights to obtain the info, and that's how ODEX managed to
get Singnet and Starhub to release the info.
PacNet's case was different in every aspect. The judge questioned
literally everything, copyright and privacy issues. There was
nothing to question about privacy, we have no such things here.
Then to the copyright issues.
He took into account that ODEX wasn't the sole licensee for most
anime sold here, so he rejected ODEX demands. Plus the fact that
ODEX was using copyright laws to pressure users, Judge Lau decided
that this factor will have to be considered.
So, the question is, did other judges even took this into
consideration? If judges can turn a blind eye to certain laws, I
can see why Singnet and Starhub could lose so easily.
Also, the judge noted that the tracking method used by ODEX wasn't
really so effective, as most users have pointed out, thus the case
was rejected, together with the copyright factor.
Judges play an important role in this ODEX case. We have one judge
that looks at everything, we have 2 others that probably didn't
even bother.
Now that ODEX is considering to appeal, we just have to be prepared
for the worst. Judge Lau may have made some questionable points,
but that doesn't mean ODEX won't win, solely because of the T&C
and because we have no privacy acts here.