Odex Directors wanna sue anime downloaders in Singapore.

[germ_boi]

It's only an example, but seriously, if you go to those really dense HDB estates, you will be surprised at the number of unsecured networks you can access. One of my neighbours' network got hijacked last year, some idiot logged into his unsecured network and changed the permission list and then his router password. So my neighbour got locked out of his own network.

just reset the router? got one button

 

[garou12]

Lol thanks, you even found me all the way over there.

coincidence really

 

[azul123]

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?

:thumbsd: 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.

../azul123

 

[Prismatic]

just reset the router? got one button

A lot of internet users are not IT savvy. They know how to subscribe to an ISP, but dun noe how a router really works. When they have a problem, they just call their ISP techs to come down and check.

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?

 

[glennyong]

A lot of internet users are not IT savvy. They know how to subscribe to an ISP, but dun noe how a router really works. When they have a problem, they just call their ISP techs to come down and check.

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?

i think the judge can force xedo to recompensate all those who have paid up ? :dunno:

 

[garou12]

i think the judge can force xedo to recompensate all those who have paid up ? :dunno:

problem is those that sign the settlement admitted to any and all wrong doing on their parts. If you read the letter you can tell its heavily worded against you. Maybe they have grounds for duress but i doubt they can do anything about it.

 

[garou12]

http://groups.msn.com/OdexSingapore..._Message=524&LastModified=4675636884164307809

Judge Lau's report on the trial. Very interesting read.

 

[drakon09]

tink those whom signed the papers better know what they have admitted. :sweat:

Those that did COULD claim they signed it under duress. ;p

 

[garou12]

Those that did COULD claim they signed it under duress. ;p

that's the thing duress is hard to prove...most times the courts view duress as the person being locked up in a room, no water no food and kenna shout at until he crack...

 

[drakon09]

that's the thing duress is hard to prove...most times the courts view duress as the person being locked up in a room, no water no food and kenna shout at until he crack...

Locked up in a room = Xedo office

No water no food = probably none at the Xedo office

Kenna shout at until crack = the liable for $10,000 fine statement

:bsmilie:

 

[CYRN]

that's the thing duress is hard to prove...most times the courts view duress as the person being locked up in a room, no water no food and kenna shout at until he crack...

Can they claim the following:
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.

:dunno:

 

[vince123123]

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.

 

[garou12]

http://siewkumhong.blogspot.com/2007/08/odex-pte-ltd-v-pacific-internet-limited.html

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???

 

[garou12]

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.

 

[glennyong]

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.

wow.... really ?? :dunno:

seems like xedo gt pwned big time.....

(o.o)y

 

[garou12]

wow.... really ?? :dunno:

seems like xedo gt pwned big time.....

(o.o)y

as i said dunnoe how true it is...if it is big bloodbath coming.

 

[eikin]

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.

 

[garou12]

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.

the lawyers i know have all pretty said if you signed that document you're screwed because its pretty much worded against you. And claiming duress in that case might not fly either because its hard to prove.

 

[swampthing]

The second to last post here has the best summary: http://www.animenewsnetwork.com/bbs/phpBB2/viewtopic.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.

 

[Garion]

Saw this link on another forum, even TalkingCock.com has gotten into the act. Bloody hilarious!

http://www.talkingcock.com/html/article.php?sid=2341&mode=thread&order=0