Originally posted by tortoise55:
Something new from them
http://www.odex.com.sg
ODEX CLARIFICATION ARTICLE
Singapore, 20 August 2007- Singapore anime distributor Odex has
commenced action to deal with and contain the state of rampant
downloading of unauthorised anime video files on the
internet.
To date, Japanese content owners have not made any anime titles
legally available for download in Singapore. There are websites
offering free anime downloads, such as Animesuki, but none of
these websites are authorised by the Japanese content owners.
Odex is authorised by the Anti-Video Piracy Association (Singapore)
(AVPAS), a non-profit organisation whose members consist primarily
of Japanese companies involved in the anime industry, including
major companies such as Sunrise Inc., TV Tokyo Medianet Co., Ltd,
Gonzo Digimation Holding K.K., Kadokawa Pictures, Inc. and Aniplex
Inc., to take all steps necessary to protect and enforce the
copyrights subsisting in more than 400 anime titles.
These 400 over authorised titles do not consist only of anime
titles that are licensed to Odex. Whether or not and to whom an
anime title is licensed for sale in Singapore does not change the
fact that they all enjoy copyright protection under Singapore law.
Odex was appointed to conduct the present enforcement drive because
it is the largest distributor of anime in the region, and it has
conducted successful enforcement actions in the past in relation to
the sale of pirated anime VCDs and DVDs.
In 2006, Odex engaged a US-based sentry company, BayTSP Inc, to
provide Odex with a software solution that would track and record
instances of unauthorised downloading of anime titles over the
internet. BayTSP has provided similar solutions for companies such
as Paramount Pictures and Viacom in its ongoing suit against
Google.
Based on searches conducted over a 6-month period from November
2006 to April 2007 on 50 anime titles only using BayTSPs tracking
solution, Odex found that there were more than 400,000 instances of
downloading in Singapore. Singapore was found to have the highest
level of anime downloading in the world by population.
Upon consultation with the members of AVPAS as well as other
affected Japanese content owners, Odex was tasked to organise a
major enforcement effort, and represent all the content owners in
enforcement action against downloaders in Singapore, under the
auspices of AVPAS.
The objective of this enforcement drive is to carry out sustained
action that will serve as a wake-up call to anime fans and other
internet users in Singapore that downloading is illegal. Many
internet users in Singapore download copyright material which is
owned by major foreign companies, such as film production studios
and television networks in the US and Japan. These companies have
so far not taken action in Singapore, not because downloading is
legal, but because Singapore has not been a priority for
enforcement. This will now change, at least where anime is
concerned, in view of the alarming statistics gathered from
BayTSPs data.
From March to May 2007, Odex made applications to court to require
the three ISPs (Internet Service Providers) in Singapore to release
information identifying subscribers whose accounts had been used to
download unauthorised anime videos over the internet. The
applications against SingNet and Starhub were granted by the
courts, while the application against Pacific Internet is still
pending. Such applications are nothing new ISPs here have
routinely been required by court orders to produce information
containing subscriber details in order to facilitate the
identification of potential defendants in lawsuits involving claims
such as defamation and infringement of intellectual property.
At present, there are more than 3,000 IP addresses that are the
subject of court orders already issued, or of pending applications
in court. Some reports have referred to Odex obtaining information
relating to 1,000 IP addresses from each ISP. This is inaccurate.
None of the ISPs assigns unique IP addresses to their subscribers,
and it highly unlikely that 1,000 IP addresses would in fact
translate to the identification of 1,000 different subscribers ie
the figure would be much less.
Once the subscribers were identified, Odex wrote to all of them, to
offer them a chance to settle the copyright owners claims against
them out of court, before legal action was commenced against them.
Many of those who received Odexs letter have since come forward to
admit that they had been engaged in downloading, and have settled
the matter.
The average amount of compensation paid by those who have settled
is about $3,000 to $5,000. At present, no damages have been
claimed, and the copyright owners are only seeking reimbursement
for the expenses that Odex has incurred on their behalf in pursuing
these enforcement matters, as part of an early settlement before
claims are filed in court.
Settlements before action are very common in practice. Far from
amounting to extortion, they represent a sensible way of redressing
wrongs and grievances, and allowing the parties a way out of
unnecessary litigation. Should the copyright owners attempts
(through Odex) to amicably resolve matters be rejected by any
downloader, then the copyright owners are free to commence legal
proceedings against the downloaders to claim all remedies that they
are entitled to claim under Singapore law, including damages, an
injunction, and legal costs.
Some reports have stated that Odex may earn up to $15 million
through compensation payments received from downloaders, on the
basis that Odex receives $5,000 from each of 3,000 subscribers.
This is again not true. 3,000 IP addresses do not equate to 3,000
different subscribers. Further, Odex does not require all
downloaders to pay $5,000 in compensation.
The main factor in deciding the compensation amount for early
settlement purposes is the level of downloading carried out by each
individual. Bearing in mind that the enforcement drive is still at
an initial stage, conscious efforts have been made to keep the
amount claimed to a minimum. The amount paid to Odex so far has not
covered even 20% of Odexs enforcement costs incurred to date.
Additionally, downloaders who face genuine financial difficulties
have been allowed to pay significantly reduced compensation
amounts, or to pay in instalments.
There have been reports stating that Odex has charged 10% on
compensation sums where the downloader was allowed to pay in
instalments. This is not true Odex has not asked anyone to pay
interest on the compensation sums paid.
In the US, companies that have taken legal action against
downloaders have typically been awarded hundreds or thousands of
dollars in statutory damages for each infringing work downloaded,
in addition to recovery of their legal costs and expenses from
these downloaders. The Singapore Copyright Act also allows
copyright owners to elect for an award of up to $10,000 in
statutory damages for each infringing work.
The publicity generated from the enforcement campaign has caused
some anime fans to react adversely and irrationally, some going to
the extent of publishing profanity-laden postings on the internet,
and issuing death threats against an Odex director. Some fans have
also gone online to speculate on various aspects of the enforcement
drive, or to accuse Odex of improper motives, causing the
proliferation of untrue information on popular internet forums. For
example, some anime fans had speculated that Odex had done a deal
with the ISPs to obtain their subscriber details. This was later
clarified in the press by the ISPs and by Odex, when they told the
press that the information had been obtained as a result of court
orders.
[b]On the other hand, many other anime fans have responded by
coming forward to admit that they have downloaded, and to ask for a
settlement of any claims against them, even before receiving any
letter from Odex. All downloaders who voluntarily settle in this
way will be free from any legal action by Odex or the copyright
owners represented by Odex for downloading, unless they
subsequently breach their settlement terms by, for example,
continuing to download anime illegally. Sure anot, there are people who actually approached
them for settlement?
A list of the members of AVPAS and its authorised titles can be
found at AVPASs website, www.avpas.com.sg. For any enquiries,
please contact Odex at 6223 3126 / 6226 2128 or at
[email protected][/b]
Look like they reading all over to tailored this letter. Surpise
it came from their ever under contruction site. What they trying to
prove ? This letter not only exposed they can not explicily
identify the person at time by IP. They also pointed software they
use does not provide hard evidents. Of course, they have to include
the name of AVPAS to make the letter seen more creditable. This
letter nothing more than taking a hammer to knock his toe. I
suspect their claimed of Japan animes company assign them for this
task particularly targeting at Singapore.
Think they in the edge of loosing their lisence title (of course
lah, so poor quality and so high price) that they resort to this
mean. Clearly they do not understand Japanese way of doing
business.
If anyone can prove the software they use not reliable. Than they
have no case liao. This letter only expose their ill intention. The
more they write, they more they get themself into trouble.
Someone should translate this notice and ask the Japan principle's
for commend.
