Odex SagaII: Odex fails suit

Well.. Here it is… Yeasterday’s news about the failure of Odex suit against Pacific Internet:

SingNet consented, StarHub had other arguments AN extremely rare legal move on Friday has cast some light on how the anime-distributor Odex was able to obtain court orders against SingNet and StarHub but not Pacific Internet. All three cases were heard ‘in chambers’ at the Subordinate Courts by different judges and these proceedings are rarely made public.

But District Judge Ernest Lau released a 14-page written judgement on Friday explaining the ruling he handed down on Thursday in Odex’s case against PacNet.

Odex had demanded that the three internet service providers supply the names of subscribers who had been illegaly downloading content from Odex’s anime site.

It won orders against SingNet in May and StarHub earlier this month, but Judge Lau turned down its request for an order against PacNet on Thursday.

He noted that ‘for the SingNet case, the orders were made by consent’.

A lawyer familiar with such proceedings said this means during the run-up to the hearing, SingNet had written to Odex to ‘consent’ to its request.

Odex’s lawyers, Rajah & Tann, presented this note at the hearing. Judge Lau also noted that SingNet’s lawyers did not attend the hearing.

Well for those who doesn’t know, Odex has been pressurizing the Internet service providers to reveal their subscribers’ IP address and thus be able to obtain who has been illegally downloading anime..

Apparently, the judge ruled that although Japanese company had given Odex the authority to commence action for copyright infringement, it is not the one who should be forcing these companies to actually reveal the information.. The judge said that the reason for doing so was that the only correct party to commence such an action would the ones who have sole copyright or that All the copyright holders band together to form a party.. Therefore, Odex would be unable to as it does not hold the actual copyright.. Thus, the only party whom the judge deemed would win it would be the Japanese animation company themselves OR AVPAS which comprises of the copyright owners and Odex

This i think was a joyous news but i feel also something very strange.. This was because Odex had won their suit aginst both Singtel and Starhub and it was at the same court level( Subordinate Court)… By right in Singapore, judges would base their judgment on any preceding cases whose circumstances is very similar to the current one.. Plus the fact that only at higher level courts would judges not follow preceding cases and PacNet’s case with Odex was very similar, i think it would be a shock to a lot of people in the law profession…

W hat would this mean? Well, firstly, this would mean that the response from Odex would have to be appeal the case in a higher court.. This is because as said, judges tend to follow the cases that have happened before and follow what ever verdict was being meted out.. Therefore, it is most likely that if Odex wants to get further information about illegal anime downloaders, it would be very hard to order the internet service providers to give these information.. Most likely, any further application to force these information would be thrown out of court.. This would also cause Odex to suffer badly in terms of it image and such.. Odex is now like a bully with a belt in his hands and hits anyone who dares to offend him.. Take away the metaphorical belt and you would see how the bully can be even able to survive under the hateful crowd..

This would also mean that people who have settled with Odex and paid fines to the company may be very well tempted to sue Odex back as Odex has no longer any right to commence any action regarding copyright nfringement a.k.a Odex cannot sue anime downloaders

Therefore, you see Odex can have no choice but to appeal lol…

There is also an interesting point in Odex’s suit with the 3 internet service providers… Note how Starhub and Pacific internet had chose to fight it out in court with Odex to prevent from revealing subscribers’ information while Singtel had written to Odex to “consent” to this action.. Through this, a lot of people have commented on how easily Singtel is willing to bow down just on the excuse that there may be a lawsuit..So we can see how more than one company suffers from this saga as well.. haha

Meanwhile, the anime community is doing all sort of things against Odex.. Here are some of them.. Enjoy :p

odex-protest.jpg

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~ by rojakgeekiness on August 26, 2007.

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