Just read yesterday's paper on Judge Lau's ruling for PacNet. Does it mean that SingNet and Starhub was too damn compliant and only PacNet lawyers made proper presentations to protect their subscribers rights?
for any service provider which did not act in their subscriber's interest. I know what to do when it's time for contract renewal, liow.
After reading vince's post in the other forum, I was wondering if Odex's appeal doesn't go through, are there any implications for the people who has already paid up the $$$ to Odex? Especially if the judge asserts that they don't the rights to press for civil actions?
Last edited by Prismatic; 26th August 2007 at 09:12 AM.
Judge Lau's report on the trial. Very interesting read.
1. Short deadlines
2. "Threat" to criminal suit in the letter were misrepresentation especially to a parent unversed in our legalities.
3. They didn't really own the rights to the the stated download attached in the letter.
It's a kin to those force sell techniques used by timeshare companies. Thus the deal may be voided.
Duress is typically very hard to prove when trying to vitiate contracts, still it is a possible grounds - will look it up on Monday .
For direct selling contracts, there is specific legislation which provides for a cooling down period.
NMP Siew Kum Hong who previously worked with Odex and R&T chimes in on his 2cents on Judge Lau's judgement...is it me or does his opinion seem alittle biased???
Last edited by garou12; 26th August 2007 at 04:36 PM.
someone at HWZ posted this...dunnoe how true is the legal stuff...anythoughts?
I was told that since Singapore Law cannot have proxies. Meaning ODEX cannot represent the Oversea Parties to sue, unless they have a Local Branch or office with the same company, all else what they reported “Copyright Owners” or “Exclusive Rights”, they cannot proceed with the law suits. Second, the Police aren’t gonna to issue them warrants to search because under the terms of seeking the IP from the ISP, “SingTel” or “StarHub”, they cannot use it for criminal proceeding, but only for Civil Lawsuits. Since there no proxies allow, means they cannot ask you for any monies. They cannot do anything to you. but if you pay up, there will be proof that they are extorting monies from you, “BLACKMAIL”. Presently, the Police cannot investigate because no one reported any case. So Ladies and Gentleman, please do your part if you all wanna ends this fiasco.
well, those who signed Odex's papers need to think twice and get proper legal help, they might have already admitted to have committed an infringement of copyright.
imagine you shoplifted something from a shop, a stranger caught you (by whatever means) and say if you pay him some money he'll not tell the shop owner or the police. feeling guilty, you paid. thinking back you regretted paying and reported the stranger to the police for extortion, the stranger tells the police that you shoplifted. now the shopowner and the police know that you shoplifted.
Last edited by eikin; 26th August 2007 at 11:32 PM.
The second to last post here has the best summary: http://www.animenewsnetwork.com/bbs/...ic.php?t=41922
What I know from the judge in his 14-page statement about why he ruled out Odex's case:
- The managing director of Odex, Peter Go, has absolutely no evidence that his company engaged the services of the tracker company, BayTSP. From what he said in his affidavit, all he used was the public tracking solution software found at BayTSP to track IPs.
- Tracking IPs do not amount to getting court order for ISPs to disclose their users. Also remember what I said in the 1st point, when Odex most likely hadn't engaged BayTSP for their services which it claimed. Currently and before this info was released, Odex had claimed compensation costs, which include paying the US company (BayTSP) for helping to track IPs, which actually they didn't.
- Odex is just a sub-licensee, not an exclusive licensee or copyright holder and therefore unable to pursue any rights. The only exclusive license Odex has in the region is Sunrise's Mobile Suit Gundam Seed.
- Peter Go produced 13 letters from various anime companies authorizing him to pursue copyright infringement. Out of the 13 letters, 3 directly appoint Odex to do the job, but it was found that all 3 are anime distributors. As what I said in the point above, only exclusive licensee and copyright owners have the power to take down infringement. The other 10 letters however appoint Anti-Video Piracy Association of Singapore (AVPAS) to pursue rights on their behalf. Which comes to the next point...
- Peter Go produced another letter, dated 1st Nov 2004, signed by himself as vice president of AVPAS, authorized Odex, the only local member in its association, to "take such steps as may be necessary to protect and enforce Copyrights”. However please take note: This means that Mr Go, the VP of AVPAS convieniently authorized Odex, which so happens Mr Go has the highest shares and as the managing director of Odex, to proceed with legal action on it's behalf against alleged copyright violators in Singapore.
To put it simply, Mr Go authorized himself to go after copyright violators in Singapore. Which this piece of info is actually quite disturbing and fishy.
Saw this link on another forum, even TalkingCock.com has gotten into the act. Bloody hilarious!