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High Court adjourns Odex's appeal to give lawyers more time
By Chua Hian Hou
http://www.straitstimes.com/Latest+N...ry_163660.html
THE HOTLY-WATCHED High Court appeal by anime-distributor Odex to
reverse an earlier decision that denied it access to Pacific
Internet customers allegedly downloading pirated Japanese cartoons,
has been adjourned.
In a short in-chambers hearing on Wednesday morning, Judge Woo Bih
Li agreed to grant an adjournment to allow Odex's law firm Rajah
and Tann so that it can 'adduce' or add more affidavits to support
its case.
According to sources familiar with the case, the three new
affidavits are from online tracking service BayTSP, Odex director
Peter Go, and Dr Toh See Kiat.
Dr Toh, a lawyer, is the president of the Anti-Video Piracy
Association of Singapore, and a former president of the Consumer
Association of Singapore.
Pacific Internet's (PacNet) law firm Alban Tay Mahtani & de
Silva said that it is opposing the application, on the basis that
such evidence should not be allowed to be introduced at this
stage.
The new hearing date - also a closed-door affair - has not been
fixed.
In May, Odex, which distributes anime here, sent letters demanding
settlement sums of between $3,000 to $5,000 to several hundred
people it alleged were downloading pirated anime. It had
successfully obtained court orders to get the names of downloaders
from SingNet and StarHub.
In August though, Subordinate Court Judge Ernest Lau turned down
Odex's request for a court order to obtain the names of similar
alleged downloaders from PacNet.
In his judgement, Judge Lau said that Odex was the wrong party to
take legal action, and that it did not have good enough evidence of
wrongdoing on the part of the alleged downloaders.
