Odex-PacNet ruling may set online privacy precedent
ANIME distributor Odex's failed bid to win a court order forcing Pacific Internet to disclose the names of alleged illegal downloaders may have set an important precedent in the area of Internet privacy.
District Judge Ernest Lau released his judgement to the media on Friday - a rare move in itself - and outlined his reasoning.
He compared a request for an Internet service provider's subscriber information to what is known as an Anton Piller order in the law world.
An Anton Piller order allows the plaintiff to enter someone else's premises, halt all activities, make a search - for days if necessary - and then seize all incriminating evidence found.
Because of its 'draconian' nature, such orders are only granted when the plaintiff can prove it had an 'extremely strong prima facie case of a civil cause of action', wrote Judge Lau.
He said he required a similar standard of proof in the Odex case to protect the 'public interest'.
Service providers like Pacific Internet (Pacnet), he wrote, owe it to both their customers and regulators to protect subscriber information. Singapore has no privacy law as such.
Odex, said Judge Lau, failed on two counts.
Only copyright owners - that is, the studios that made the anime - or an 'exclusive licensee' for the anime being downloaded, can take legal action under the Singapore Copyright Act.
Odex is a sub-licensee and had letters from rights owners authorising it to take action on their behalf, but the firm was neither a copyright owner or an 'exclusive licensee'.
An exclusive licensee has the sole right to distribute a product in a certain market.
Judge Lau added that he was not wholly satisfied with Odex's explanation of how it identified the downloaders.
Read the full report in Saturday's edition of The Straits Times.
Judge Ernest Lau just became the hero of many people here.