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.




June 3rd, 2007 at 6:46 pm
“Yes!” or “Wtf?”
June 3rd, 2007 at 7:48 pm
I am not fooled - “Those of you casual anime fans, who keep using excuses like helping Singapore become an animation hub, sub-quality ODEX anime releases, please kindly stop your rant, and stop moulding these excuses for your own personal benefits.”
Ah shucks, I guess I’m still a casual fan despite writing about the industry - and growing along with it - for almost two decades. :)
Everyone knows fansubs are not legal, but there’s a line between distributing anime for profit and doing it for free. The argument has been going on since the Net started, long before P2P and blogosphere came along, when a 20Mb clip was considered humongous to download. Anime companies weren’t happy with fans who used images from their shows to decorate their websites, even though these fans are only doing it to promote the shows they love. GAINAX put up a list of images users were authorised to use; no one gave a damn because it was silly to have 2000 fansites taht looked exactly the same. AIC was more flexible, allowing fans to use their images - even self-scanned ones - as long as they put their shows in a good light - fans welcomed that.
The same occurred with Lucasfilm, if I recall correctly. They went after fansites putting their new Star Wars trailer up for download, so these sites agreed to pull them off. Then, Lucasfilm’s server was overloaded by the number of requests, until it crashed and Lucasfilm eventually allowed the fansites to host the clips.
These days, most companies don’t really bother because they were fighting a lost cause. So even see this as an opportunity to promote their products in an untested market. Japanese anime and game companies had been wary of venturing into US due to previous setbacks. Imagine you sell the rights of your company’s bestselling titles to US distributors, only to see them flop badly it isn’t just a lost of investment, but also of face. Legal or not, fansubs were the best thing that came along because it opened US viewers to a wide genre of anime titles that weren’t just “mecha and babes”. And as with pop culture, passionate fans will spread the word for you.
Businesses are excited over the marketing possiblities of technologies like Google, but to be frank, that’s been going on in the anime scene for years, and is one reason why the US has transformed from a laughing stock in the anime world to one of huge market potential. Anime companies won’t like to acknowledge it (for very obvious reasons), but fansites and fansubs are doing the marketing for them. Besides, entire fansubbed series are taken off once it’s licensed. It’s when some a*shole decides to sell these fansubs for profit that’s bad - that’s when the law should really step in.
Some of those in the industry do see that point and are always willing to come to a compromise with anime fans. Of course, there are those still stuck in a time-stasis (esp those in the music industry), but you can’t win them all.
Oh, and by the way, it’s half-true that anime fans, even casual ones, won’t buy the series once they have the fansubs. They still do, especially if they like it enough. Some even buy limited editions (which cost almost twice as much) and a mountain’s worth of merchandise.
ODEX could and should’ve been a major force in the anime business in this region. And any avid anime fan would want them to succeed, because that means more, newer titles at affordable prices. But they have only managed time and again to release below-par products and diss anime fans - their own customers. If anime fans have an obligation not to download anything deemed “illegal”, ODEX too have an obligation to ensure that their product is up to standard - especially when they’re charging people for money. A good business is one taht learns to adapt and evolve.
They’ve been around for a while, and judging from their latest actions I doubt they’d change, however many chances you give them. It’s the way business is done in Singapore, I suppose. Least of all, a monopoly.
So to “I am not fooled” who says all this talk about “helping Singapore become an animation hub, sub-quality ODEX anime releases,” are excuses for personal benefits, well, all these gripes are true. Nor are there personal benefits when a) fans don’t make a cent out of fansubs; b) most of these series aren’t even distributed here (or outside Japan); c) fans who watch fansubs also spend on LEGAL stuff like DVDs, books, merchandise et cetera. How much have you spent on the anime industry thus far? :)
If you ask me, fansubs contributed much to the growth anime in Singapore; though I can’t say the same about the one and only anime distributor around.
Okay, guess that’s all I have to say about this issue. Sore ja.
June 3rd, 2007 at 9:30 pm
try: WTF, leaning a little bit to ‘Yes!’
Well, they ARE addressing the issue on the invasion on citizen privacy. >_>
June 3rd, 2007 at 9:42 pm
Check it out - It’s one of those advertisement links you get at the bottom of every MSN chat window
http://app.hipfriends.org.sg/hipfeatures/featurearticle.asp
Dude, what the hell? Btw the site belongs to IDA of Singapore (As depicted by my new best friend, PeerGuardian 2).
June 3rd, 2007 at 10:04 pm
Eh summimasen mina. I just posted it without properly looking through it. Disregard that post (#289). I was probably high at that moment.
Gomen for the double post.
June 4th, 2007 at 12:07 am
“Now this is interesting: The government wants to clamp down on animation downloads effective… this year. Happy New Year”
Source from one of the bloggers that met with Odex.
Someone contemplate this please.
So now its not just the issue between AVPAS and Odex anymore?
How has the gahmen been dragged into the picture?
And how accurate is that? Or it that just somekind of idle threat?
June 4th, 2007 at 12:09 am
Well, from the legal and economic perspective, there is really no case for Singaporeans bittorrent people to complain.
Once a local Singapore company, in this case Odex, acquire the “exclusive distribution” rights to Jap anime in Singapore, the party is over, as far as bittorent downloaders are concerned.
Any one living in Singapore that uses bittorrent becomes guilty of distributing anime too. Since Odex is, by definition, the exclusive distributor, you are thus competing with it in an “unfair” manner.
That is why Japanese stuff becoming mainstream in Singapore is really a double edged sword. On one hand, you gain from having a local distributor since there is likely to be more marketing in Singapore, on the other hand, you can no longer bittorrent your heart out.
June 4th, 2007 at 12:29 am
I think people should stop taking every word from every source so literally. If I am not wrong that line was quoted from Kwok’s blog and obviously he misunderstood what Odex said.
Basically cracking down on anime downloaders has NOTHING to do with the government. The IPOS started a public awareness campaign against copyright infringement of all form and Odex is simply riding the wind and making use of this opportunity to achieve its goals while claiming to be backed by IPOS. While I’m sure IPOS doesn’t mind what Odex is doing, I think it’s not hard to see that the government also has absolutely no reason to specifically go after anime downloaders.
Then again I may be wrong or lying. Jeez as I said stop taking everything you read on the Internet as its face value.
June 4th, 2007 at 2:25 am
For those who are unaware, the Japanese authorities have actually begun their own crackdown on copyright infringement - including media content - and numerous websites have been implicated for hosting copyrighted material. Of course, there was also the much-talked about arrest of the creator of Winny a few years back.
http://headlines.yahoo.co.jp/hl?a=20070602-00000013-zdn_n-sci
(in Japanese)
Content business is big money, and it’s hardly surprising the Japanese are anxious about rampant piracy. Odex might be hopping on the bandwagon, but that doesn’t solve anything as long as they don’t improve and continue to appear high-handed in treating their customers. Government here needs to show they’re pro-business - I’ve no qualms with that, but businesses too must show some professionalism.
Kelvin Tan - “On one hand, you gain from having a local distributor since there is likely to be more marketing in Singapore”
That’s only when the local distributor listens to the demands of their customers - as what US companies like Animeigo, Right Stuf etc do. If they don’t, then it’s the opposite as they are literally a monopoly with their exclusive licenses they acquire.
June 4th, 2007 at 12:37 pm
Erm… just one curious question. Does Cos-play consider breach of copyrights as well?
Well it’s anime and we dun owe the designs of the character as it belong to the Jap anime co right.
Odex may be able to sue Singaporeans if they download videos together with AVPAS. But according to the letter they are authorized by their principals, licensors to take action for infringrment of copyright.
Pls correct me if my understsanding is wrong.
June 4th, 2007 at 4:08 pm
suggestion: print out this, plus the info that avpas = odex, and this is probably racketeering considering the method of disclosure of ISP information ( I believe your ISP will also notify you prior disclosing to them… so how they get it? back door deals?)..
print it all out, go to every vcd/dvd shop, mrt station, plaster it on the sign boards where permissible.. (eg: somerset mrt has a sign board, cold storage etc)…
June 4th, 2007 at 4:51 pm
A really noob question here, but I was curious about the technicalities. What’s the difference between DDLs and P2P? Arn’t they essentially the samething?(like i said, noob…) What about things like youtube and what DM mentioned (nico nico was it?)? How are they different?
June 4th, 2007 at 5:43 pm
Dude, is something wrong with the comments?
Anyway, like i said, p2p is a network of connections. You are connected to every other user in the network using your IP and various other computer information (i.e. MAC Address). So whenever you’re downloading or sending something, the peers would send the packets of data to each other using said IP address.
For ODEX, they could just pose as one of the users and get onto the network. By doing so, they’re connected to everyone else and are able to see the IP addresses of the users they’re connected to.
For DDL, the session is only between you and the server. Unless ODEX is somehow eavesdropping/tapping on/into your session with said server, there is no way for them to acquire such sensitive information. Even if they do, that’ll be an invasion of privacy and you have the right to sue them for that.
As for file streaming sites such as youTube, I don’t know whether is it illegal but it technically is. Since when you’re watching an episode on Tube, you’re actually downloading the video and storing it in your temporary internet files folder. Technically it’s called streaming, but you’re still downloading the information.
June 4th, 2007 at 6:43 pm
kouji, sry for my pooer english, ”ODEX is somehow eavesdropping/tapping on/into your session with said server”
the said server u point out here, is who??? the server that we DDL from?
(really a noob in english. sorry >.
June 4th, 2007 at 8:59 pm
@kouji (and anoner and pissed fan): For ddl, it is less likely for them to be able to actually sue you according to the law here. Unless they do manage to get a record of every single download with regards to the particular download, (like if you download the whole series), which is much more difficult. And then they would have to prove that it did sufficient damage to their sales, which means they need more than one person to do that, i.e. they have to get many people downloading the exact same set of things and then mass-sue them. This is due to the fact that you are indirectly distributing using P2P but you are not when you are downloading.
In essence, DDL, more difficult for them to sue as they would have to
1) collect information on how you use it
2) find a group of people downloading it
3) prove with sufficient evidence(?) that it affects their sales
4) mass-sue said group of people
These are extrapolated in accordance to the laws as mentioned by IPOS