Sunday, August 05, 2007

Legal threats towards Singaporean fansub downloaders

sources: wikipedia, anime-source

As of 1 June 2007, Odex has sent letters to people downloading anime fansubs of series from Japanese companies that Odex represents. A copy of the letter may be seen here: [1]. The letter threatens legal action against its recipients. It is stated in the letter that the recipient is given a period of time to contact Odex for an out-of-court settlement, and if Odex is not contacted within the deadline, legal proceedings will be issued. It is unclear how Odex managed to obtain personal information of people that they suspect of downloading anime fansubs using BitTorrent programs, and information as to how many people have actually received such letters were withheld by Odex.

Odex first sent out a batch of 17 letters in May 2007. The success of the letter campaign prompted a much larger sending in June. Lawyers hired by Odex determine the penalties on a case-by-case basis with downloaders found guilty of willful and significant downloads facing possibilities of fines of up to $20,000 and up to six months in jail. So far, the youngest culprit caught is 9 years old [[2]].

However, general opinion holds that ISPs like SingNet, etc. were responsible for the disclosure of personal information. It is also believed that due to its poor sales, Odex has to resort to legal actions for revenue, as there is a large number of people who obtain anime online via torrents, whom at the same time due to the transparency of ISPs like Singnet, make easily legal targets for Odex.

However, it must be noted that due to its low marketing presence in the local anime market, many anime fans have never heard of Odex. Odex has also been attempting to encourage purchases of its anime VCDs/DVDs in place of original Japanese anime and anime produced by other English anime companies in order to beef up its sales. However, fans that have heard of Odex have criticized Odex for abusing its monopoly power to set prices that are even more than the American or Japanese counterparts.

Of important note is that Odex apparently has the legal right to commence legal action against people downloading anime fansubs of series that they do not sell, as long as they are produced by the Japanese companies that they represent, as Odex is under AVPAS directive to curb video piracy. However, many forums currently debate that the AVPAS is actually a ploy by Odex, thus not making it controlled by the Government.

The response on anime-related online communities and forums has largely been negative, ranging from sharp criticisms of Odex's video quality and business model, to impassioned outcries for a boycott of Odex or of the anime market. You can read an open letter from one of the anime community here.



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