29th Jan 2008
By Victoria Ho
SINGAPORE--Odex has won a High Court appeal to gain access to details of Pacific Internet's subscribers who had previously downloaded anime titles illegally.
The Singapore-based anime distributor had last year carried out a series of suits against local ISPs (Internet service provider) in a bid to extract the identities of illegal downloaders--a move it said was necessary to protect the Japanese animation industry.
Although it won its court cases against StarHub and SingTel, Odex's suit against Pacnet was overturned in a surprise verdict.
However, Justice Woo Bih Li of the Singapore High Court ruled Tuesday in favor of Odex's subsequent contest against the previous verdict, ordering Pacific Internet to disclose its records to the company.
In a statement, Odex noted that the court ruling also prevents Odex from acting on its own against the illegal downloaders. The respective owners of the copyright to the anime titles will instead have to seek direct action against the downloaders.
So far, the Japanese anime distributors that have announced their backing for Odex are Sunrise, Kadokawa Pictures, GDH, TV Tokyo MediaNet, Yomiuri Telecasting and Showgate. Odex said it expects other copyright owners to make "similar applications to the court soon".
Odex had in August last year assembled representatives from the copyright-holding anime firms for a press conference to display the latters' support for Odex's action against piracy.
Said Odex, of the recent court ruling: "This...is a significant boost for us and our principals, as we have always acted for and on behalf of the copyright owners.
"...this decision will now pave the way forward for further enforcement actions by the copyright owners. This decision also shows that those who persist in engaging in illegal downloading of anime programs can no longer use a breach of privacy as a reason to hide behind their ISP."
Pacific Internet recently merged with Asia Netcom to become Pacnet.
http://www.zdnetasia.com/news/business/0,39044229,62037118,00.htm