Odex's actions against file sharing were Japan copyright owners' pre-action discovery to Singapore Internet Service Providers (ISPs) to request for subscribers details in Singapore who were traced to illegal download activities of their licensed anime series. Odex is a Singapore-based company that licenses and releases anime for local and regional Southeast Asian consumption. As Japanese copyright owners are located in Japan, Odex, being holder of the Japanese anime license in Singapore, were appointed to submit legal documents and court proceedings on their behalf in Singapore.
In a rare move, District Judge Earnest Lau released a 14-page judgment explaining the court's denial of Odex's request for Pacific Internet's client information.[4][9] He compared Odex's demands to an Anton Piller order, which provides for the right to search premises and seize evidence without prior warning. Seen as draconian, it is only used under extreme circumstances. He held that only copyright holders themselves, or their exclusive licensees, can bring such applications and that he was not satisfied with the evidence harvested by BayTSP for the identification of downloaders.[9][66][67] Out of all the anime licensed to Odex, only the license in respect of Mobile Suit Gundam SEED had been granted exclusively to the company.[17] The judge noted that, out of the 13 authorisation letters presented in court, ten of them authorised the Anti Video Piracy Association of Singapore (AVPAS), not Odex, to act for the copyright holders. Odex was ordered to pay Pacific Internet's legal costs of S$7,000.[59]
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In his judgment of 29 January 2008, Justice Woo ordered Pacific Internet to release its subscribers' information only to the six Japanese companies that were parties to the case. He explicitly denied Odex access to this information.[3] He upheld District Judge Lau's decision that Odex was not the correct party to have asked for release of subscriber data. As a result, he directed the company to pay Pacific Internet's legal costs of S$20,000.[73] Following the ruling, some downloaders who had already settled with Odex planned a countersuit to recover their settlement monies.[74] The ruling may have set a precedent for online privacy in Singapore by making it more difficult for copyright licensees to take legal action against downloaders.[9][66] 2ff7e9595c
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