Heys
BONJOUR♥
Name: Ezzy (Ezbel)
Age: 18 years of age.
Location: Singapore
Wants: Lots of stuff.



EARCANDY♥
NO MUSIC FOR YOU, WHAHAHAHA.

TAGIT♥
Am way too lazy to do this.

MORE♥
Other Stuff. Not gonna bother.

CREDITS♥
Designed by: Liliana
Picture by: MandaChan
x x
Tuesday, August 28, 2007

todays theme is 'XEDO'.





remember to boycott.



The figures passed down stated that my beloved motherland has 230,000 animation downloaders. We are the top in the world by population percentage, at, uh, 5%?


from channelnewsasia

Anyway, from an unverified source, I was told that XYSing KYSing of Xedo (and his fellow director), were also directors of a defunct company called Games Mart. (And my own searches on ACRA confirmed this. ACRA reports found here: Odex | Games Mart)

This source informed me that back around 1999, Games Mart Pte Ltd was caught for counterfeit goods (primarily Sony Playstation stuff), and 2 of their directors and an employee were subsequently charged.

These two directors - names omitted as unverified - were found guilty and sentenced to 15 months of jail, along with an employee named Jason, who was sentenced to 10 months. (I have so far failed to verify this and I am not sure if any news on this court case can be found on the Internet to support these unverified claims. It does not seem likely I could get my hands on the court reports like these cases of people getting sued by the Public Prosecutor here and here.)


Anyway, what I did find in Google, was a brief mention in the comment section of a blog by someone of the moniker of Beowulf that some anime released by Xedo were actually released previously under Games Mart.

While I am not attempting to imply anything here, but it appears that the bad quality of Xedo products has gone a long way back.




Odex, a company in Singapore that licenses and releases anime for local and regional consumption, has been actively tracking down and sending legal threats against Internet users in Singapore since 2007. These Internet users have allegedly downloaded anime via the BitTorrent network.


lesson: never use bittorrent again.


On 23 August 2007, Odex lost its suit against Internet Service Provider Pacific Internet to reveal 1,000 of its subscribers' information. District Judge Ernest Lau ruled that Odex has failed to meet a number of requirements for the release of such information, as the company was exclusive licensee for only one anime title and its provided evidence found to be unsatisfactory. It was also revealed that SingNet has put up virtually no resistance and gave consent in revealing subscribers' information to Odex.


It has also specifically singled out AnimeSuki torrents as a source.



A website has also been set up, giving details of an "Odex VCD recycling drive". Those who join could get rid of their Odex VCDs and get a black ribbon, which they are encouraged to wear.

Odex vs. Pacnet is big news right now.

District Judge Ernest Lau ruled in the ISP's favour that Pacific Internet does not have to reveal its subscribers' personal information. Lau believed that Odex was not the right party to make the application, despite having the go-ahead to prosecute on behalf of the Japanese anime studios. The decision came as a surprise to many, and Odex is likely to appeal within 14 days. In light of the decision StarHub, represented by Drew & Napier, said that it was "assessing our options, given the different decisions rendered by the court". For SingNet, the deadline for lodging an appeal has expired, and it was revealed that its lawyers did not even turn up for their hearing. Its failure to contest Odex's application has incurred the wrath of SingNet subscribers. Although Lau has denied Odex the court order, he has warned that the right to privacy was no defence for copyright infringement.

In a further rare move, District Judge Ernest Lau released a 14-page judgment on the reasons of denying Odex's request. In the written judgment, he compares the latter's demands to a Anton Piller order which provides for the right to search premises and seize evidence without prior warning, and being seen as draconian it is only used under extreme circumstances. He has also written that only copyright holders themselves or its exclusive licensee can make such copyright claims, and that he is not satisfied with the evidence that was harvested by BayTSP for identification of downloaders. Out of all the animes licensed to Odex, only Mobile Suit Gundam SEED's license was granted exclusively to the company. Lau also notes that out of the 13 letters of authorisation presented in court 10 of them authorised AVPAS, not Odex, to act for the copyright holders. Odex was ordered to pay Pacific Internet's legal costs totaling to S$7,000.

Should this ruling stand it may set a precedent for online privacy in Singapore, in which currently no such laws exist. It will also raise the bar for burden of proof on the copyright holder to take legal action against downloaders.

As of 28th August 2007, it has been reported in the papers that Mark Ishikawa ,CEO of BayTSP, will be flying to Singapore to help Odex prepare for their appeal.


Thomas Koshy, a legal academic and writer for another local newspaper Today questioned the legality of Odex making such legal claims and the threat of criminal prosecution (as stated in the legal letters to downloaders), as only the powers to prosecute rests with the Attorney-General or delegated by fiat. Only government institutions or bodies may prosecute people for criminal offenses; Odex, however, is a commercial entity as is the Anti-Video Piracy Association of Singapore (AVPAS) which it is issuing the letters on behalf of and hence cannot enact legal action on the said law. The Intellectual Property Office of Singapore (IPOS) takes an anti-piracy stance, however, has not yet prosecuted people under criminal law on behalf of Odex yet, nor has it stated that it will. The author also notes that in addition to never having been used, the law cited by Odex in its letters was never intended by IPOS to target the man-on-the-street, but rather prosecute people pirating for monetary gain (i.e. reselling of pirated goods for profit).

last lessons:

- dun use bittorrent

- if you have to use bittorent, dun use animesuki esp.

- SWITCH TO PACNET!!!!

(be careful. who knows when they'll be back. if you're not one of the 1000 [per ISP] they sent to this time, you might be next. rawr.)


| 4:07 pm |
WHEES.