Legal experts come in pls? Odex Saga (again)

[syl]

From reading this thread, I find that you people have been confused by what has gone on.

Firstly, let me say that I am not a lawyer but an accountant who has a very limited knowledge of the intellectual property act in sg.

There are 2 parts to this legal matter.

The first part is that you are breaking the law if you illegally copy someone's work. For this you can be prosecuted by the Attorney General, if he so wishes to do so. The penalty (monetary one but can also include a jail term) is up to $20,000 for each offence.

Apart from the penalties that the Court can impose on the offender, there is also the question of damages that the offended party (i.e. the victim) can claim from him. Obviously if the offender has been dealt with by the Courts, he will find it very difficult to say that he was innocent. Hence the victim (e.g. Odex) can and probably sue him for damages and legal costs. The victim can offer the offender to settle the impending suit for a sum of money. More often than not, it is wise for the offender to accept the amount being offered (after negotiations???) as he then does not need to pay Odex's legal costs as well as his own.

So, all in all, it does not pay to poach someone's intellectual property. :nono::nono:

 

[garou12]

From reading this thread, I find that you people have been confused by what has gone on.

Firstly, let me say that I am not a lawyer but an accountant who has a very limited knowledge of the intellectual property act in sg.

There are 2 parts to this legal matter.

The first part is that you are breaking the law if you illegally copy someone's work. For this you can be prosecuted by the Attorney General, if he so wishes to do so. The penalty (monetary one but can also include a jail term) is up to $20,000 for each offence.

Apart from the penalties that the Court can impose on the offender, there is also the question of damages that the offended party (i.e. the victim) can claim from him. Obviously if the offender has been dealt with by the Courts, he will find it very difficult to say that he was innocent. Hence the victim (e.g. Odex) can and probably sue him for damages and legal costs. The victim can offer the offender to settle the impending suit for a sum of money. More often than not, it is wise for the offender to accept the amount being offered (after negotiations???) as he then does not need to pay Odex's legal costs as well as his own.

So, all in all, it does not pay to poach someone's intellectual property. :nono::nono:

thing is the ip is not odex's to begin with.

 

[westwest2]

From reading this thread, I find that you people have been confused by what has gone on.

Firstly, let me say that I am not a lawyer but an accountant who has a very limited knowledge of the intellectual property act in sg.

There are 2 parts to this legal matter.

The first part is that you are breaking the law if you illegally copy someone's work. For this you can be prosecuted by the Attorney General, if he so wishes to do so. The penalty (monetary one but can also include a jail term) is up to $20,000 for each offence.

Apart from the penalties that the Court can impose on the offender, there is also the question of damages that the offended party (i.e. the victim) can claim from him. Obviously if the offender has been dealt with by the Courts, he will find it very difficult to say that he was innocent. Hence the victim (e.g. Odex) can and probably sue him for damages and legal costs. The victim can offer the offender to settle the impending suit for a sum of money. More often than not, it is wise for the offender to accept the amount being offered (after negotiations???) as he then does not need to pay Odex's legal costs as well as his own.

So, all in all, it does not pay to poach someone's intellectual property. :nono::nono:

first of all...is this a criminal or civil case?

 

[yqt]

if a writ of summon...if someone comes to your house...die also dun accept it, dun ever open the door and look at that letter...

No use, they just need to try to serve it 3 times and than apply to court to sub-serve it to you just by pasting it on your door. It will be considered as served. After that will be followed by a writ of seizure.

 

[garou12]

first of all...is this a criminal or civil case?

right now its a civil case.

 

[yqt]

thing is the ip is not odex's to begin with.

We're not sure about that yet. But since Odex have gone after some bootleg coy for copyrights issue before ( read from one of the link ) and in the case of Starhub, the courts rule in Odex's favor, I assume that the court have considered if Odex is the rightful person to ask Starhub for the namelist. That being the case, Odex may either be the rightful owner of the IP rights or their contract with the IP owner may have given them the power to act on their behalf. What ever the case, the courts seem to have agreed that Odex have a case to want to know who have downloaded the amines.

 

[yqt]

first of all...is this a criminal or civil case?

Odex bring to court = civil case

AG office bring to court = criminal case

One can come after the other in any order.

 

[garou12]

We're not sure about that yet. But since Odex have gone after some bootleg coy for copyrights issue before ( read from one of the link ) and in the case of Starhub, the courts rule in Odex's favor, I assume that the court have considered if Odex is the rightful person to ask Starhub for the namelist. That being the case, Odex may either be the rightful owner of the IP rights or their contract with the IP owner may have given them the power to act on their behalf. What ever the case, the courts seem to have agreed that Odex have a case to want to know who have downloaded the amines.

not really the only way they can claim to be ip owner is that they produce the anime themselves. All they can say is that they are licensed local distributor. Cannot claim ip rights at all. Its like the gallery you sell your photos at saying that the photos are their work.

 

[westwest2]

No use, they just need to try to serve it 3 times and than apply to court to sub-serve it to you just by pasting it on your door. It will be considered as served. After that will be followed by a writ of seizure.

but you can delay 3~6mths already...even the money they are after might not enough to cover the lawyer fee...

 

[westwest2]

Odex bring to court = civil case

AG office bring to court = criminal case

One can come after the other in any order.

err....asking only hor...AG involved already arr...nv noticed le...

 

[yqt]

not really the only way they can claim to be ip owner is that they produce the anime themselves. All they can say is that they are licensed local distributor. Cannot claim ip rights at all. Its like the gallery you sell your photos at saying that the photos are their work.

I think they are not claiming to be the rights owner as in they produce the amine themselves. I think they're claiming to be the RIGHTS HOLDER either by contract, empowerment by the rights owner or are empowered by the rights owner to enforce the copyrights.

 

[yqt]

but you can delay 3~6mths already...even the money they are after might not enough to cover the lawyer fee...

Not really, the 3 visit can be within 1 to 2 weeks and the appilication for sub-serve can be done in 2 weeks and cost can be recovered. Normally the court will award about 70% of the cost to the winning party depending on how much blame is accorded to the losing party, but 100% cost is not unheard of either.

 

[yqt]

err....asking only hor...AG involved already arr...nv noticed le...

:bsmilie::bsmilie: no lar, at this point , not yet lar :bsmilie::bsmilie:

 

[mookie]

I think they are not claiming to be the rights owner as in they produce the amine themselves. I think they're claiming to be the RIGHTS HOLDER either by contract, empowerment by the rights owner or are empowered by the rights owner to enforce the copyrights.

eh not starting an argument here...just what i understand

1) xedo does not own the IP, the jap coys own the IP

2) xedo is the licensed distributor for the list of anime, as claimed by them

3) xedo claims that the jap coys give them the right to enforce IP on behalf of the jap coys

4) right now AG not involved, therefore is not a criminal case, xedo at most can bring a civil suit against the ppl involved..unless AG office feels that it is indeed a criminal case and decides to press charges. in sunny-land, only the AG office can press criminal charges, individuals/coys cannot press criminal charges against another

 

[yqt]

eh not starting an argument here...just what i understand

1) xedo does not own the IP, the jap coys own the IP

2) xedo is the licensed distributor for the list of anime, as claimed by them

3) xedo claims that the jap coys give them the right to enforce IP on behalf of the jap coys

4) right now AG not involved, therefore is not a criminal case, xedo at most can bring a civil suit against the ppl involved..unless AG office feels that it is indeed a criminal case and decides to press charges. in sunny-land, only the AG office can press criminal charges, individuals/coys cannot press criminal charges against another

Er, that's the same thing I'm saying.