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 4:25 pm
Check the entry on Share on wikipedia: http://en.wikipedia.org/wiki/Share_(P2P). Share and Winny are not anonymous but I agree that it’s easier to concentrate on popular anime trackers and that’s probably what ODEX will be doing…
Anyone familiar with Perfect Dark? It’s supposed to be the “next Share”, of course anonymous, safe, etc.
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I told you so. « Anime Desho Desho?May 30th, 2007 at 4:47 pm
[...] immediately fired up my firefox and dive back into anime community and the latest news on Riuva and DarkMirage confirmed what I was trying to warn everyone a week [...]
May 30th, 2007 at 5:17 pm
Disclaimer: I’m not professionally trained in law, so legal ppl at the ISPs, don’t burn DM’s or my butt if I got the facts wrong in this comment ;)
The part that really puzzled my was how Odex managed to get its hands on the guy’s personal info, like his name and mailing address, and it seems like a few other commenters here would like to know how too.
So I looked into Singtel’s Terms and Conditions, and lo and behold, clause 15:
OK, so this means that Singtel can just give my info to anybody who it deems worthy enough? Could somebody with law knowledge have a read through it and explain what this means?
They gave a way out though, “…unless otherwise notified in writing by the Customer in the procedure as determined by the Service Provider from time to time.”
So, I wonder what is this procedure, and we have to tell them from “time to time” to not divulge our info?
I’ve not checked the other ISPs T&Cs yet, but I imagine it is something chillingly similar.
I’ve skimmed through Starhub’s T&C (available in the navigation bar at the bottom, under “Legal & Privacy Statement - I can’t link to it directly, ’cause they say in their T&C I can’t…), and it seems like there is no such clause so far. Another interesting page would be their “Copyright Act Notification”, which gives info on the procedures for a company to notify a customer of an infringement.
May 30th, 2007 at 5:58 pm
Wow, that’s just messed up. Odex simply gets your personal information just like that, without any legal proceedings whatsoever? What’s more, Singtel can just away give your personal information like that?
gg Singapore.
May 30th, 2007 at 6:09 pm
Very curious to know how Odex was able to obtain multiple ip addresses (adsl ip is mostly dynamic) of the same person over a period of time and be able to pinpoint it to the same person unless, they somehow managed to get a whole list of ips, request the isp to divulge the list of persons, then extract his name from the list. Sounds like a terrible invasion of privacy if that is the case.
Not ruling out a conspiracy theory, is there any possibility that this letter is a plant to threaten anime fansub downloaders? It would have been a lot more believable if the ip remained somewhat stagnant. But then again I don’t really know much about ip addresses etc.
May 30th, 2007 at 6:30 pm
You can add private foreign FTPs to that list of alternative sources. That assumes that you know a guy in some other country is willing to help out. If you’re really paranoid, there is FTPS (http://en.wikipedia.org/wiki/FTPS).
I sincerely doubt that ODEX will put so much effort as to employ packet sniffer applications and subsequently decipher all the encrypted packets. It’s bloody expensive and not always accurate.
May 30th, 2007 at 7:04 pm
@tr: we did consider the plant, my friend and i. but whether it is or not, it’s still freaky.
Why would AVPAS have to advertise the fact that they are connected to the government? Forgive me if I’m ignorant but there isn’t a rule is there? “All government-affiliated agencies must declare itself to be so.” No what. It’s just more sadistic fun for them for our eyes to go big and us going “OMGWTF you know Lee Kuan Yew?!”
Alright exaggeration.
Whether AVPAS is connected to the government is of little significance, I think, since the government appears to be quite eager to please the US on this front.
Secondly, remember that Singtel IS government-affiliated. Knowing our democratic politicians, that clause could have been chucked in as a convenient door to access information without too much red tape.
Anyways DarkMirage, great post. I’ll be checking back.
May 30th, 2007 at 7:09 pm
Ahem uh this doesn’t make me very cool, but lemme just add one more thing.
What incentive do the people at AVPAS have to go on this blazing crusade of justice (watched too much Death Note and Code Geass)?
I’d really like to know. Or are they just in need of people to mentally torture?
May 30th, 2007 at 7:49 pm
I may sound contradictory. Pardon me, i’m easily social engineered.
@Hectic
They wouldn’t need packet sniffers because they’re monitoring the torrents’ trackers. They’re employing some kind of third party software (or maybe even their own bittorrent client) to seek out connections and their respective IPs. Encrypting data is useful to a certain extent but when they have the ability to become one of you it’s impossible now. They could be one of the peers/seeds and who knows. You’re probably connected to them when you’re downloading the latest Bleach or Naruto.
I think the best way is to totally avoid anime downloading. Like tsubaki; go on a diet. If they are going to an unable full force, then it’s best to soften the blow.
I know it’s hard for you all to understand but really think about it; is your Lucky Star that worth it? Please think thorough through. Unless you’re in your 80s and you have no more life ahead of you then yeah go on a download spree but if not i strong encourage others to not.
Of course, i would still like to know how the hell did ODEX acquire all these information. If they extracted such information via exploiting Clause 15 then i guess Singnet really, really sucks as an ISP. I guess we can all go register under PACnet or Starhub or some other crappy ISP.
May 30th, 2007 at 7:52 pm
Farinelli: Not sure if the US/FTA has anything to do with this case since it’s not even infringing on US licensing rights. But yes I totally agree it’s freaky. Frankly if this is a legitimate action on an individual, I’m pretty surprised that they would target a downloader (primarily) rather than a distro (although I must admit, the very basis of bittorrent is the concept of sharing).
May 30th, 2007 at 8:08 pm
I am fairly certain that AVPAS is just a front for Odex. It is a private entity. It should not have any law enforcement powers.
What proof do I have? It’s simple really :)
Google for AVPAS Vice-President “Go Wei Ho Peter” and you will find him listed as Production Coordinator under the English version of Fantastic Children. The English production of the series was outsourced to Odex.
And look who else is listed as Production Coordinator: “Sing Xin Yang”. I’m sure that’s the very same Mr. Sing Xin Yang who is listed as the Secretary of AVPAS.
And take a look at this alumni page of NUS Business School. You will find the name of a certain “Miss Yong Yet Yuen” who also happens to be the Treasurer of AVPAS. And lo and behold, Mr. Go Wei Ho also graduated the same year! What a coincidence.
I shall not bother to continue, but I bet you can find similar links to Odex for everyone else on that member list.
Conclusion: AVPAS is not a government organization. AVPAS = Odex. Now why would Odex bother to do this instead of just suing directly? Because they need some way of making it clear to people that they have the authorization of the Japanese studios, which they do. But make no mistake about it. AVPAS is definitely not a government entity and Odex is, as far as I can see, the only real member of this pseudo organization.
I’m not passing judgement on what Odex is doing, I’m just pointing out the truth. AVPAS is a private entity just like the RIAA. Don’t let its official-sounding title make you think otherwise.
May 30th, 2007 at 8:35 pm
Way to go Odex, first their crap goods and now this…
I wont be surprised this company goes under in a few years. I know i would be happy
May 30th, 2007 at 8:35 pm
This drama and fiasco only proves that anime watching has become Singapore’s most expensive hobby. Guess I will be seeing you guys at dailymotion or whatever is left on youtube.
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Musings of a Daydreaming Wanderer » Blog Archive » Neon Odex Evangelion: End of AnimeMay 30th, 2007 at 8:38 pm
[...] usual, life goes on in Singapore with just one more “correction” to the Matrix: C&D letters for anime are being sent. I am going to make a prediction here with this new [...]
May 30th, 2007 at 8:39 pm
I’ve been occasionally using nico nico when I’m lazy to download the raw. It’s like a Japanese YouTube except with better video quality and no copyright takedowns.
But the service has some limitations right now and new users (those with user IDs greater than 777777) can only access it from 2pm to 7pm.