Legal experts come in pls? Odex Saga (again)


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shinken

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#1
There were some very insightful and professional contributions by fellow forumers on the threads on the Odex saga. Instead of dying down, it seemed to have taken a life of its own. I'm desperately in need of enlightenment of several issues which I still find hazy.

After Odex had gotten the information from the ISP, it started to send letters to the people who are in their list. Many of which are dependents. I also read a letter to Straits Times forum they are actually charging 10 percent interest for those who needed to pay by installments. (Just as a sidetrack, the face of Odex actually posted on internet forums gloating at the predicament of these people, which he admitted)

Odex declared the following:

"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."

So does it mean that they could seek any amount of out-of-court settlement for affected parties, and not having to account for the amount they collected? As far as I understand, Odex is not the sole licensee of many titles. Plus, their stance indicate that they are sending a blanket warning letter to people who may or may not have violated their rights.

It reeks very strongly of intimidation of the ignorant.

Are they really at the right side of the law? I know the law is meant to protect the rights of even businesses. But in this case, Odex is claiming to play the role of policing, which it had appointed itself, plus making money from it?

Sorry for starting to be incoherent. But please, shed some light.
 

garou12

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#2
what i'm more interested in knowing is does the resistence even have a chance or are they screwed.
 

deadpixel

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#4
It's ok. An article in Today has clarified most of my doubts: http://www.todayonline.com/articles/206667.asp
What is worring are the words in the last two paragrahs:

If indeed Odex has been overzealous in enforcing its rights, a check may be in order, lest the case becomes a benchmark for other copyright owners to emulate.

The writer is a legal academic. These are his personal views.
_
 

garou12

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#5
no big surprise i've already said that the case could set a buncha dangerous precedents.
 

furrycake

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Jul 8, 2005
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#10
moh moh, if i dio got kang tao for lawyer bo? :bsmilie:
you kena warning from Odex is it ? you got $ can hire any lawyer mah

end of the day also boils down to who's willing to stick the neck out to test the system and go to court....higher risk higher returns?
this kinda money earned already... can he live long to spend :sweatsm:
 

westwest2

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#11
After Odex had gotten the information from the ISP, it started to send letters to the people who are in their list.
first is this a letter of demand or a writ of summon?

if a letter of demand...can throw it away...

if a writ of summon...if someone comes to your house...die also dun accept it, dun ever open the door and look at that letter...
 

richliow

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#12
imho,
we can do everything in this world, so long as we do not get caught.
but if we do get caught, the most moral thing will be to face it like a man,
and accept the consequences or punishment.

Those who download, can't be downloading it with a shield of righteous morals.
There is ample publicity about piracy, even children's movies in cinemas often have snip shots
advocating no to piracy.

so whether the law did expicitly say its a criminal act to download,
it does not matter.
For the fact remains, that each download, is an accumulative deliberate act of pilferage
against the manga creator/s.

so again, when we are caught, just pay up and move on in life.
children or adult, doesn't matter.......
unless you really want your child to grow up, thinking its right to take without paying....=)
 

westwest2

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Jun 6, 2007
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#13
imho,
we can do everything in this world, so long as we do not get caught.
but if we do get caught, the most moral thing will be to face it like a man,
and accept the consequences or punishment.

Those who download, can't be downloading it with a shield of righteous morals.
There is ample publicity about piracy, even children's movies in cinemas often have snip shots
advocating no to piracy.

so whether the law did expicitly say its a criminal act to download,
it does not matter.
For the fact remains, that each download, is an accumulative deliberate act of pilferage
against the manga creator/s.

so again, when we are caught, just pay up and move on in life.
children or adult, doesn't matter.......
unless you really want your child to grow up, thinking its right to take without paying....=)

in legal term what does it mean?
 

shinken

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#14
You're absolutely right. But it's the court that should being issuing the fines, not Odex. It's the creators that should receive compensation, not Odex.

The fight is not about justifying wrong actions. Flouting the law means flouting the law. Illegal means illegal. But in this case, it is turning into an unethical money making opportunity.

I could start an Anti Piracy of Photography Association, then get licenses to distribute photographs for a couple of photographers, then threaten legal actions and out of court settlements to the entire online community that downloads photographs. Giving the excuse that I'm fighting piracy, and that I'm claiming for costs. That's profiteering. That's what people are voicing out against. Not making excuses for the wrong acts. Try to get that clear at least.

imho,
we can do everything in this world, so long as we do not get caught.
but if we do get caught, the most moral thing will be to face it like a man,
and accept the consequences or punishment.

Those who download, can't be downloading it with a shield of righteous morals.
There is ample publicity about piracy, even children's movies in cinemas often have snip shots
advocating no to piracy.

so whether the law did expicitly say its a criminal act to download,
it does not matter.
For the fact remains, that each download, is an accumulative deliberate act of pilferage
against the manga creator/s.

so again, when we are caught, just pay up and move on in life.
children or adult, doesn't matter.......
unless you really want your child to grow up, thinking its right to take without paying....=)
 

garou12

Deregistered
May 15, 2007
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#15
imho,
we can do everything in this world, so long as we do not get caught.
but if we do get caught, the most moral thing will be to face it like a man,
and accept the consequences or punishment.

Those who download, can't be downloading it with a shield of righteous morals.
There is ample publicity about piracy, even children's movies in cinemas often have snip shots
advocating no to piracy.

so whether the law did expicitly say its a criminal act to download,
it does not matter.
For the fact remains, that each download, is an accumulative deliberate act of pilferage
against the manga creator/s.

so again, when we are caught, just pay up and move on in life.
children or adult, doesn't matter.......
unless you really want your child to grow up, thinking its right to take without paying....=)
my one question about that is if its been illegal all this time why hasn't the AG stepped in now or earlier?
 

richliow

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Jul 9, 2005
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#16
my one question about that is if its been illegal all this time why hasn't the AG stepped in now or earlier?

prositution also the same mah...
its still thriving right?

Drugs too?

but once in a while, you get raids right?

so this is what is happening now..=)
 

garou12

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#17
prositution also the same mah...
its still thriving right?

Drugs too?

but once in a while, you get raids right?

so this is what is happening now..=)
i thought prostitution was legal in geylang?
 

shinken

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#18
Different contexts, please don't confuse the public. In fact, garou12's question is misleading as well.

The involvement of the court so far, is to give clearance for Odex to force ISP to give private information of its subscribers. Full stop. Nothing more. Everything else, Odex took it to their own hands. Threatening prosecution, threatening civil suits, demanding compensation (initially of copyright infringement, now claiming costs).

If we 'wrongly' support an unethical profiteering action, we're encouraging more unethical organisations to form and prey on the fear of the ignorant to make money. Please think twice before wrongfully trying to play the role of the moral judge here.

prositution also the same mah...
its still thriving right?

Drugs too?

but once in a while, you get raids right?

so this is what is happening now..=)
 

richliow

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Jul 9, 2005
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#19
in legal term what does it mean?


hmmm.... Law attempts to make morals out of people....
but hey..law can be distorted to make "new morals" of people...
ie....try to sue the Sinkapore Gahment. get what i mean?

the law supports at times the rich and influential..
its a fact of life.

so to answer your question,
in legal terms, it probably means nothing.

but in moral terms,
its means how you want your next generation to be... =)
 

richliow

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Jul 9, 2005
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#20
Different contexts, please don't confuse the public. In fact, garou12's question is misleading as well.

The involvement of the court so far, is to give clearance for Odex to force ISP to give private information of its subscribers. Full stop. Nothing more. Everything else, Odex too it to their own hands. Threatening prosecution, threatening civil suits, demanding compensation (initially of copyright infringement, now claiming costs).

If we 'wrongly' support an unethical profiteering action, we're encouraging more unethical organisations to form and prey on the fear of the ignorant to make money.
Ahh!!
what is ODEX is the visible arm of the Gahment invisible efforts to kill piracy and gain international limlight?

wouldnt no matter what we discuss be futile?
 

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