ISP Ordered to Reveal Identities of BitTorrent Anime Sharers
Written by enigmax on January 30, 2008The High Court in Singapore has ordered an ISP to hand over the personal details of its customers who used BitTorrent to share Japanese anime titles, overturning a previous decision. The decision will likely pave the way to taking legal action against hundreds more BitTorrent users.
Odex Pt. Ltd is a Singapore-based company that distributes anime in South East Asia. Founded in 1998 it started distributing anime in 2000, offering titles such as Bleach, Fullmetal Alchemist and Mobile Suit Gundam. Last year we reported that the company had started to pursue those it accused of sharing its copyright works, sending out many ‘pay up $3500 or else’ letters - a response, says the company, to a drop in sales of more than 60% in the previous 2 years.
Odex used a tracking system to collect IP address of alleged sharers and then in court cases, successfully forced the ISPs StarHub and Singnet to give up the identities of their customers involved in the sweep. Next up, they tried to force another ISP, PacNet to give up the same. However, PacNet refused, so Odex went to court to try to force them to comply. To the dismay of Odex, the court decided that Odex had ‘no right of civil action’ against those it accused of infringing its copyrights, as Odex is only a sub-licensee of the anime titles it distributes, not the copyright holder.
In a very short-lived victory for file-sharers on Tuesday, the High Court dismissed attempts to force PacNet to give up its customers details to Odex. The judge, Justice Woo Bih Li, decided that as Odex had no right in this case to take copyright action, it could not be allowed to see the personal details of PacNet’s customers either.
However, in 2007, Odex added the names of the real six Japanese copyright holders to its case (GDH, Kadokawa Pictures, Showgate, Sunrise, TV Tokyo MediaNet and Yomiuri Telecasting) which, it turns out, was a smart move. Although Justice Woo Bih Li denied Odex a chance to see the records, the real copyright holders are in a position to sue - so he granted them full access to the records instead.
A spokesperson for PacNet said: “Pacnet is glad that the court has ruled in favour of us and has dismissed Odex’s appeal with costs. We will abide by [the] ruling and provide these copyright owners with the details of about 500 IP addresses.”
By some estimates, Odex could’ve made as much as $9m if everyone they accused paid up so they are understandably pleased at the result of the case. A spokesman said: “This ruling in favor of the Japanese copyright owners is a significant boost for us and our principals, as we have always acted for and on behalf of the copyright owners. We are very pleased that Pacnet will now be required to hand over information on the infringing accounts to our copyright owners.”
It’s likely that this decision will encourage Odex to continue with their tactics against file-sharers, tactics which have already resulted in death threats for its boss, Stephen Sing and his family, after being dubbed ‘the most hated man in Singapore’s anime community’.
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Don’t know if the Japanese companies will pursue or not. In Japan downloading for personal use is completely legal, only the original up loaders are liable for action. Not to mention these companies are not loosing revenue from Singapore down loaders, seeing as Odex has already paid them for the product.
[quote comment="276021"]they should download REAL PORN instead[/quote]
Unfornately pR0n is also illegal in Singapore too.
I’ll make it as sane as possible in this comment thread.
This means that the Japanese will have full access over the IP addresses, not Odex. But there are no guarantees that Odex will not be allowed access to these lists, given the full cooperation of the Japanese companies towards Odex.
The downloaders will still be at risk, if the Japanese companies decided to pursue a legal action against them. But, it will be far-fetched to make them come to Singapore and initiate a legal lawsuit.
I might add that the list was obtained via BayTSP, which we all know, companies like them employ questionable tactics. There’s a lot going against them, both in terms of costs, and effort. I didn’t add in “goodwill” because I’m taking a Hobbesian view of the world.
This news might come as a temporary relief for downloaders, until the Japanese start rolling their bicycles over Malaya and b**tsecks them just like how Yamashita did in 1942.
mmmm.. buttsecks
maybe if you had any real imagination or strategy or talent for that matter, then your lame-ass site wouldnt be doing so poorly. there are literally thousands of sites exactly like yours on the internet.
youre just another blade of grass at the sod farm.
[quote comment="275911"]I can\’t wait until this happens world wide and they catch all you thieves, You all think that it\’s ok to steal peoples work, because You think they make to much money, You don\’t see us coming to your work and saying \” I think these people are making too much money everything they make now should be free\” do you?
I am an online affiliate trying to earn money to feed my family, and you guys think it\’s ok to steal what I am trying to make a living with?
Well it\’s not ok with me and I hope every last one of you get robbed one day or some bastard starts fucking with your business and I really hope it affects your family as all your theft has affected mine, fuck all you thieves,
VIVA LA GFY.COM[/quote]
Its an old story isn’t it? People started recording songs off of public radio to share with friends in the late 1950s early 60s. This caused the early RIAA to freak out. They witheld technology like cassette tapes, dubbing equipment for years to try and preserve their outdated business model. Then of course along came the VCR. People could now record their favorite show when they were away and even trade with friends! WOW! The MPAA went nuts trying to sue endlessly, this proved futile in the end. Now, people still like sharing mvoies, tv shows and music. The RIAA and MPAA are outdated business models. They refuse to keep up with the times. There is still money to be made when you embrace technology, not try to sue everyone on the face of the planet for GOD’s sake! Your best customers are now your wourst enemies? The very people that made your fortunes? Perhaps copyright laws aren’t human or humane? Theres a radical thought! Sharing is not and should not be a crime. When they wake up and smell the coffee it will be realized that sharing is a good thing. We are not thieves.
Lets take Britney Spears, (no not Shitney smears! be nice!) I researched it apparently Thanks to the ongoing child custody battle between Britney Spears and Kevin Federline, court documents have been released showing that Britney Spears still makes $737,868 a month - around £4 million a year.
http://www.hecklerspray.com/britney-spears-richer-than-youd-think/20079878.php
Does this sound like she is having trouble feeding her family? I think not. Britney just wants to party all nite. She is makin the money! Music sharers obviously effect her lifestyle one way or the other.
Hmmmm, so they make so much money that file sharing effects the artist very little? WOW! I’ll just bet that the MPAA made record profits for 2007. Let me google it for everyone here. MPA study: Brighter picture for movie industry
All-media revenue from pics up 8% to $42.6 billion
So even though people share movies they still make more money than they know what to do with? So much that they sue grandmothers for file sharing. Which is utterly heartless and cruel. File sharing is a civil offence, not criminal.
SEE: http://www.hollywoodreporter.com/hr/content_display/news/e3ic5575a8c4f61aadd68a0d344f476d5da
I don’t pay for anime dvds because 1. they charge like 150 dollars for a 26 episode season 2. the subtitles are highly localized and suck balls 3. the really good shows come out 6 months, maybe a year after I can get it fansubbed and 4. the fansub groups offer hd video in their releases, their translations are oftentimes superior, they are very quick to release and they are nice to their fans.
Odex suing people rofl. I wouldnt buy shit from them. FANsubs mean just that, if they owned the rights, I doubt they would be going after people in rediculous lawsuits because they understand where the other fans are coming from when they download.
To them this is a labor of love. I hate distributors. They dont contribute anything to these shows or movies or oavs, but a bunch of guys in suits make millions of dollars a year on the backs of people with real talent.
Throttle BitTorrent as any faceless organisation will try to do, like hell will they ever succeed. I do have to admit the Internet’s getting narrower by far, but I have to say I’ve got faith in the fact this is only temporary.
[quote comment="276221"]Throttle BitTorrent as any faceless organisation will try to do, like hell will they ever succeed. I do have to admit the Internet’s getting narrower by far, but I have to say I’ve got faith in the fact this is only temporary.[/quote]
I have to disagree, the internet is not getting narrower, IMO its expanding more then ever before, its all about the light you look at it in. If you really look at the big picture.. P2P has gone mainstream, the world knows about it, but in the end all they have done is manage to increase pirating incredibly, and made more torrent sites for us to choose from.. after all you kill one there just gonna relocate or make 3 more.
IMO The production companies should work with fansubbers by having them put paid ads(which you cannot skip maybe?) in the fan subbed groups releases in exchange for not prosecuting them. The companies make money from the ads. The fansubbers get nothing cept a sense of security. And we get to see more crazy jap ads with the govenator. =D
Well that probably will not ever happen oh well.
I buy anime when it comes out in North America (if they haven’t heavily edited it that is). But the truth is I’m not waiting 3-5 years so the anime MIGHT come to NA. Getting fansubs is the only way I can watch anime over here (besides the many boxsets I have purchased from watching fansubs and liking it enough to go buy it).
Thank God I don’t download Anime.
Asians: 0
The Rest of Us: 1
[quote comment="275906"]Is this the way we’re headed now?
Only people wining in all this are cocaine sniffing lawyers.[/quote]
“America, FUCK YA! Comin’ to save the daaaayyy!”
[quote comment="275960"]That said though, this whole fiasco has put me off anime altogether. I can live without it, and much less without Odex’s shoddy work. I will no longer collect any anime merchandise. I continue to support japanese games and their merchandising.[/quote]
I agree, but think it’s a far too rational and logical approach to ever be employed by the likes of the MAFiAA.
after I watched the english subbed version of Azumanga Daioh, I swore off buying licensed anime forever. 2×2 Shinobuden is another one of them….those english actors made my ears bleed….”americanizing” every fucking sentence
And I don’t give a shit if I “pirate” it or not….your money isn’t going to the original creators, just to the people who turn inspiring amine into a american corporate gimmick
What a bunch of qeers these Odex guys are. So what they downloaded some animes, and you blame your shitty sales dropping 60% to be the work of some pirates? What they need to do is hire better market managers, it sounds like.
Yeah, why does it have to be always somebody else’s fault ?
I’ll keep the pirates from Singapure in my prayers.
These anime companies don’t see a huge financial opportunity when they see one … don’t fight the online anime distributors — work with them to figure out some sort of ad-supported scheme to distribute the anime … then everyone profits and the anime is watched by a much much larger audience …
the best solution here would be for everyone to stop purchasing anything from the companies who have funded and brought this case to the courts. (a boycott) What could they do then, other then wither and die as they deserve?
a boycott is a brilliant idea except its really hard to get enough people to participate and make a statement; there is just entirely too much self interest in the people today.
makes me wanna think more about downloading anime……does anyone know where i can get unedited fansubbed versions of DragonballZ?
GL HF an already weak industry and they are pressing charges on the few fans they have?? I’m guessing a plummit in sales…
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