I always thought the sudden silence after the odex case was abit ominous although I tried to ignore that. Anyway, it looks like shit is about to hit the fan. I wonder how do they define a heavy downloader? Another 9 year old kid perhaps?
I’m not going into the whole argument of fansubs versus DVD thing because it has been argued to death and back countless of times. Instead, why not you just read the article and decide for yourself?
Article after the break.
FIVE Japanese anime studios are suing people accused of downloading their videos without permission, marking an unprecedented step by a rights owner against end-users.
Four writs of summons were filed last week by law firm Rajah & Tann on behalf of the studios, namely, Showgate, Geneon Entertainment, TV Tokyo, GDH KK and Sunrise.
The studios are behind anime series such as Devil May Care and Bleach. The writs did not specify which series had been downloaded.
The Straits Times understands the suits are against heavy downloaders who had rejected an earlier offer to settle out of court.
A writ of summons is a formal legal document addressed to the defendant, the first step in a civil lawsuit.
Each defendant has eight days to respond, failing which the studios may ask the court to rule against him or her; these defendants must file their defence within 22 days if they want to contest the suit.
Fans of the animated Japanese cartoons download unauthorised copies from the Internet for reasons ranging from cost to accessibility. The genuine DVDs of the Japanese-language shows can cost $100 or more per season, which many say is too expensive.
And fans do not want to wait months before the studios release the DVDs – not including the delay in getting them shipped from online retailers or for shops here to import them.
Fans who go online for pirated copies often find them available for download within hours of the premiere, and subtitled in English to boot. And the clincher: The downloads are free.
Another reason fans go for illegal downloads is censorship. Those who buy the originals say censorship laws here make it tough for series with violence or adult themes to be passed.
Rajah & Tann declined to elaborate on its actions, although the development is not unexpected.
The furore began in May last year, when local anime distributor Odex, acting on behalf of the studios, launched a crackdown on unauthorised downloads. Back then, it asked the alleged downloaders to pay $3,000 to settle the matter.
But Odex hit a road block when the High Court ruled that Internet service providers could reveal the identities of the alleged downloaders only to the studios, the holders of the creative copyright. This appears to be why the studios are now directly involved.
Legal fees for such suits, said lawyer Bryan Tan of Keystone Law Corp, could come to at least $20,000.
The studios can also expect a brutal public backlash from downloaders – not just those who download anime, but also others who help themselves to bootleg movies, music and games, because all fear the case will open the floodgates to other rights owners cracking down on other pirated media.
A 2006 government survey found eight in 10 Singaporeans to be not bothered by piracy.
The side that wins this case should be able to recover some of the legal costs from the other party.
If the studios win, they can also ask for damages, to be determined by the court. Alternatively they can request that the court award them statutory damages. Under the Copyright Act, copyright owners can get up to $10,000 for each work infringed, up to a maximum of $200,000.
But globally, few rights owners who sue end-users win.
Music industry watchdog Record Industry Association of America’s only success to date saw an end-user being fined US$22,000 (S$33,000) for downloading 24 songs. But the verdict was overturned on appeal and a new trial is pending.
Oh boy…… >_>
