Apocalypse now
Taken from RIUVA. So Odex has finally done it. Singapore’s anime community is doomed. Oh shit. So anyway some poor guy probably wet his pants after receiving this letter.
BTW the organization mentioned in the letter AVPAS (Anti-Piracy Association of Singapore) is similar to the RIAA/RIAS except that Odex appears to be the sole active member. The organization has obtained authorizations from various Japanese studios to represent their rights for all their copyrighted works, even those that are not licensed by Odex for distribution in Singapore. The full list of titles can be found on their website.
Read on for my thoughts.
That said, I am very, very curious as to how Odex, a private entity, managed to obtain personal data from the ISPs based on purely circumstantial evidences. As far as I can see from the AVPAS member list, there is zero indication that it is anything but a private organization. It is related to neither the police nor the relevant government agencies. Therefore, it is the anime equivalent of the RIAA.
However, RIAA, as mighty and powerful as it appears to be, is not able to obtain any personal information from American ISPs directly. It has to do it through the court. That means that it has to first start the legal procedures before the court issues a subpoena that forces the ISP to reveal the identity of the defender and summons the person to court. The defenders in these lawsuits are given the generic name “John Doe” because their names are undisclosed by their ISPs until after the court subpoena. In such cases, the first letter received by the poor sob should be from his own ISP informing him of the existence of such a subpoena for his identity.
The above letter is addressed to the person himself and was sent directly by Odex. This means that Odex, without first going through any legal proceedings, is able to obtain personal information directly from the ISPs using only the IP address. That is insane if you consider the amount of invasive power that has been put into the hands of private company and the potential for abuse by individuals with their personal agendas.
You know, there’s a certain someone whom I really hate on a certain forum. I will fake produce a record of his IP address illegally torrenting a picture that I once drew during a particularly boring physics lecture. I shall then e-mail this “proof” to Singnet and ask for this person’s home address. And if that doesn’t work, I’ll go spend a few bucks to register a company to make the request seem more legitimate…
Of course Odex is a legitimate company that is trying to protect its rights under the current intellectual property rights law (flawed as it may be). But my point is that if a private entity can obtain such information without the prior knowledge of the people involved and without the authority of the court, then what exactly in our legal system is protecting our privacy from abuse by some unscrupulous characters? And if such protection of personal privacy does indeed exist, what exactly allows Odex to bypass it?
Then again, I’m not well-versed with the local legal system. Maybe our privacy laws are really that screwed up. Oh well.
Read this excellent explanation of the “RIAA vs. John Doe” lawsuits, particularly the sections on “How the RIAA identifies the people they sue” and “The Lawsuit Begins”, and compare it to what Odex is apparently authorized to do. Doesn’t RIAA look like the better alternative?
So what are your remaining options for your weekly anime fix?
- Direct download sites
- Obscure Chinese Bittorrent trackers
- XDCC bots on IRC
- Download raws off Winny/Share
- Move to Japan
- Find a job at Odex
Alternatively, find a safer hobby like playing pirated computer games or serial jaywalking.




May 30th, 2007 at 1:08 pm
What many outsiders here, including DM, don’t realise is that Singapore has very scanty laws when it comes to privacy protection for the individual consumer. In the name of efficiency, most of our personal data are filed in massive databases easily accessible by all government agencies and even government linked ones. There is no protection, unlike in the US and especially the EU.
I’m of the opinion that all ODEX had to do was to show that they owned the licenses and had the backing of the original studios, and the government/ISPs (same difference) would readily provide this information in their ongoing quest to make the country a lot more attractive to foreign investment.
Privacy does not earn you money!
May 30th, 2007 at 1:09 pm
Oh yeah, the majority of large corporations here are government linked.
May 30th, 2007 at 1:17 pm
Of course Odex must be doing it through some kind of legal mandate, but whatever it is it appears quite certain that the individual was not priorly informed of the fact that his personal information was divulged to a non-government profit entity.
Anyway, I am pretty confident that Winny and Share are still safe because as a private entity like AVPAS/Odex, it makes more sense in terms of profits and gains to concentrate all its resources into monitoring the most popular and easily-monitored torrents (i.e. Animesuki and Tokyo Toshokan). I am quite certain that the ISPs themselves are not actually involved in the capturing of traffic data, yet.
Now if you are going to talk about Singapore being a nanny state, I think that it’s perfectly fine for the government to be in control of most things. But AVPAS is not the government. That is my problem with this whole thing.
May 30th, 2007 at 1:30 pm
@Tedfox Easy. Because the person who uploaded this letter has not been summoned to court before this letter, containing all the downloads was sent to him.
Generally speaking though, this forms a very good case study on how a company, who has enjoyed a near monopoly over the years, is resisting change and trying to cling on to its monopoly power. Same goes for the companies under MPAA and RIAA.
That being said though, I must raise the point that a jail sentence would not be applicable in this case, unless IPOS or any governmental or quasi-governmental organisation is brought into the picture. Therefore, any legal action taken would be tried in the civil court. While its scant consolation, in these dark times perhaps even a ray of light is better than none.
That being said, I’ll like to end off by quoting an analogy I read somewhere about the current debate over IP, which goes something like how corporations like Odex “are sitting on a field of gold, but instead of trying to dig the gold, they worry instead about erecting fences to protect the field.”
May 30th, 2007 at 1:35 pm
I guess it’s not actually a matter of privacy. I’m not saying that the ISPs should defend our identities till death or anything.
RIAA will still eventually find out your identity but it does it through proper legal proceedings in court and thus requires a level of commitment that deters abuse and false claims. And the defender is informed of this beforehand.
In AVPAS’ case, it is clearly stated in the letter that legal proceedings have not begun yet and it is seeking a settlement out of court. This means that there is no arbitrator (i.e. the court) involved in the process as of this stage and god knows what goes on without our knowing. Especially if the settlement involves a non-disclosure agreement.
May 30th, 2007 at 2:01 pm
How is downloading via XDCC and DDL sites any safer than torrenting? It’s not right?
May 30th, 2007 at 2:04 pm
It is.
As stated in the letter, AVPAS obtains infringement evidences from a third party monitoring service. The ISPs themselves are not involved.
Therefore, XDCC and DDL are safe because it is not possible for a third party to monitor them. Only the ISPs are able to do that and they have no incentives to do so.
BitTorrent is vulnerable because anybody can scrape a tracker and get all the IP addresses currently connected to it.
May 30th, 2007 at 2:07 pm
I see. I didn’t know that. Well, what an interesting and yet saddening point this has come too after months of anxiety. Time to get a new hobby.
May 30th, 2007 at 2:32 pm
Guess we have to wait and see how the scence plays out… Though I am not very hopeful considering Odex history and that the fact that their site is still ‘upgrading’( for all we know, the ‘upgrading’ may be permanent). No anime now….. I am already in hell.
May 30th, 2007 at 3:24 pm
ODEX, you have now done it. You will never get a single cent from me now.
May 30th, 2007 at 3:37 pm
I totally agree with DM on this rant; How can they get such information if they’re working as an individual? I won’t repeat things i said on the other comments on blogs but really. The methods they’re using is just not legal. To track the torrent, aren’t they using torrents themselves?
I’d be surprised if this turns out to be another NKF scandal.
May 30th, 2007 at 3:50 pm
i am firm with the desicion tat odex products sucks. I dunno how, but some of my anime friends said they were improving.
But one thing is for sure. They arent the one who initiated it. They are probably grinning from the lawsuit victories if there are any so far, but the one who gave them this little scam is AVPAS and IPOS.
I’m not sure if Odex will be totally happy that they have totally monopolize the anime community in sg with their stupidity. Cuz i’m sure they totally haven’t. in fact they just made themselves due for extinction if fans hate them.
and if you visit the link where riuva get the letter from. the forum. Singtel has no clue on whats going on, after the victim called and enquire about it.
May 30th, 2007 at 3:59 pm
ooh. thats bad. srsly bad. but judging from that list, its mostly bleach and the rest are just inuyasha and tsubasa. and why target him? there are THOUSANDS of others out there who illegally dl these 3 shows. Damn odex. Damn your mothers for birthing you. Damn you allzzzz.
May 30th, 2007 at 4:02 pm
I guess it’s back to IRC for anime downloads. (Damn this feels so…1999). But wait a sec…wasn’t there a report about how a couple of Malay guys got charged in court for distributing copyrighted songs?
I guess that leaves us only with
1.) Direct download sites
2.) Obscure Chinese Bittorrent trackers
Suppressing people from downloading animes will only just drive them deeper underground. Haiz… :(
May 30th, 2007 at 4:03 pm
LOL. Time to move over exclusively to Share :[
Why must all this random shit happen THIS YEAR? I should just keep off the internets already.
I’m pretty sure any agency here with power is more than willing to support a local company on the Right Side of Justice ™ even if the law might not explicitly allow private companies to access information based on IPs (perhaps it has a loophole, I dunno - guess we don’t have any anime-watching Singaporean dudes aroudn here with clear knowledge of the law?)