This posting page sure took a uber long time to be refreshed.
Just back home from a movie. Evan Almighty. Comedy. But a bit propaganda, Christianity as you would have guessed. Well, that is to be expected. But the movie was really funny at some parts. I think Morgan Freeman was most fitted into his role, playing God. Steve Carell was really cranky and spastic. No wonder i laugh so much. Great minds think alike...Hor baby~ (Don't deny it. You are equally spastic...)
Call me wasting money just to laugh my heads off if you must, but i think it is a worth while chill out, considering school has started.
Prior to the movie, have really been feeling drained. So much so, today, when i was supposed to be attending lecture at 10 am, i woke up at 9.57 am. Just in time to make it to school when lecture just ends. I thought i had set the alarm at 7.15 am. Apparently, i woke up to find it off. Wonder who shut it up. Maybe myself, maybe father. Whoever it is, that act is idiotic, even if the person was just ME.
Felt a bit disdained too. Apparently someone in the family needs to be taught some toilet manners. Shan't elaborate more, wait later i get nightmares.
Feel like watching a tad more movies: The rat chef cartoon, License to Wed etc.. But with time suckers as FYP and studying, who knows if i can make a little more than 24 hours for myself. Hohoho...
Question: It is idealistic to believe in self regulation. True? Or not?
NIME distributer Odex has lost a court bid to force Pacific Internet to reveal names of subscribers who allegedly downloaded pirated versions of the Japanese cartoons. The Subordinate Court handed down its decision in chambers on Thursday and no details were made public.
Pacific Internet (PacNet), which opposed the Odex action, would only say that it 'respects the rights of intellectual property owners and at the same time, also believes in protecting the privacy of all our subscribers'.
The Straits Times understands one reason for District Judge Ernest Lau's decision is that he believes Odex was not the right party to make the application, despite having the go-ahead to prosecute on the behalf of the Japanese anime studios.
Odex is demanding the names of up to 1000 PacNet downloaders. A company spokesman said it will consult the rights owners before making its next move but it was likely to appeal. It has 14 days to do so.
The ruling on Thursday came as a surprise given that Odex had successfully obtained Court orders to get SingNet and StarHub to reveal names of their downloaders. Different judges ruled on those cases, and both internet service providers declined to say what arguments they presented in court.
In light of the PacNet decision, a StarHub spokesman said on Thursday that it's 'assessing our options ...given the different decisions rendered by the court'.
But the deadline for lodging an appeal has expired for StarHub and SingTel. Read the full report in Friday's edition of The Straits Times.
Research is getting more draining by the day...Soon, all the kilos i put on, will be gone down the drain...sob. Any fats donation? (In proportion plsss)
~shaKeY~: baby wun u tell me why...can u stop gg to lab so often.... ~me~: hahahahha ~shaKeY~: so u wun miss me so much ~me~: hahah ~me~: i dun wan to ~me~: butt... ~me~: if i dun ~me~: i scared my *BB(backside) catch fire ~me~: no one put out for me ~shaKeY~: wahaha ~shaKeY~: me can...always ready with bottle of ethanol! ~shaKeY~: hahahaah ~me~: wth...u r not supposed to add alcohol to e fire!
And i m getting delirious: ~me~: baby... . . ~me~: i just dun like design 1... ~Shakey~: me too...and our tutor seem to like making us feel stupid... ~me~: hoho...ur hysys tutor ah?...scare her ~me~: everyone go her lesson just start crying...act mute...act non responsive.. ~Shakey~: wahah..siao ah...u tink IMH meh...chem engine class wor...
Tell me why I am waddling amongst these weirdos...
WRT Mr. PhD: ~Me~: i nid to develop some ET language with spastic actions...tt will put him off...
And today during lecture: ~Shakey~: Baby why are you sitting so high up??? ~Me~: 人矮就要坐高才看得到...
And i thought i saw a few coursemates smiling away...
Got a lot more lame talk. Too lazy to put it up here anyway...but will be quite a funny anecdote for me...hoho... ~~~~~~~~~~~~
Me cant seem to get enough of ODEX.
Yesterday's Newpaper states that the company has yet again changed their tactic. Apparently, people who go forth to admit that they are guilty of downloading will be indemnified against all other copyright charges if they go forth to pay their settlements "voluntarily" i.e. without receiving any letter.
I question the veracity of what has been said. If that was the case, what about the people who had signed the "settlement forms" much earlier? No such indemnity clause was ever stipulated, and they virtually signed away ALL their rights, including their right to counter sue and defend themselves from potential lawsuits from foreign companies.
Would it then be a case of non-uniformity of application?
Anyone prudent enough would be able to see a few things.
1. Their tactics reek nothing short of a "bait and switch" politically, though it may not be very apt to use it here. It is as though they first terrorise people to make them anticipate their "extortion" letter and now laying out more "favorable" terms (a bigger net to catch more minors, which you would have guessed, makes up a larger proportion of the animae community who watches fansubs) in the view that they have "relented".
2. They have always tried to keep their heads low in the media. I wonder if this new "act" (1) will be published in our National Newspaper. If so, that perpetuates the point of them acting in their own vested interest, i.e. Odex-ing people.
The IDA is apparently investigating the ODEX saga to see if there are any inconsistencies on the company's part. Consequently, it is not difficult to see the company's change of tune. Firstly, they are afraid of the possible litigation they may face in lieu of their own actions. Of course, if one bears a clear conscience, they would have nothing to fear for.
Secondly, they can in effect get a bigger payout than the original payout expected because people who think that they will receive their "letter" will just come knocking on their door and cough out the money, just to "save" themselves.
But the question is, how credible are their words? If one has no legal advisor to turn to, how can one ensure their liability is written off in the eyes of the law? Again, by signing the settlement, no matter what the terms are, you are already proclaiming: "Yes. I am guilty", which is even questionable in the first place.
One would suspect that they are rushing through the adminstrative procedures of sending letters to the people to get more monies into their pocket before IDA steps in..Afterall, the legal terms of the "previous available settlement" states that the "offenders" won't be able to get back their money or counter sue~...What else can one ask for?
Does it mean that they can simply change any terms they like as they deem fit? One thing i am very sure, their actions reeks of many loopholes and possible repercussions. Another, got authority, be aware of your rights, can drag deadline...I definitely hope for some justice to be done to the aggrieved fans man...
Life has once again become monotonous. Today i went to the lab. Was the only FYP student. Boos...Spent my time in a dark room talking to fluorescent proteins. Double boos. Stare at the microscope until i feel i am developing cock eyes...O.o
Miss Shakey... ...aren't you going to miss me if you don't go to lab again tomorrow???? Sobz... "Baby won't you tell me why, there is sadness in your eyes..."
And Mr. PhD has once again started his attack by asking for a compilation of the pictures so far by tomorrow by informing me TONITE. He didn't even ask if i had finished...Si Bei Sian...
~~~~~~~~~~~~~~~~~~~~~~~~ ODEX is getting a bit of limelight every now and then. Everytime you flip The Straits Times...sure got something. Be it in an unglamorous corner hidden away in small fonts.
Yoyo said that ODEX and AVPAS are the same. Well, they appear to have the same office address, same leadership. Well, maybe should have some form of 追踪 to see what they are up to...hoho
I was eating with Mr. Soh at the engineering canteen. While i waited for him to eat, 2 Ah Tiongs came and sat down beside me, occupying 2 out of 4 seats. Nevermind that they thought they were 'invisible'. They talk as though they had a microphone turned to the highest volume...wa kaoz...
I felt very pissed and waited for Mr. Soh to return...
(An sms to Mr. Soh: "Got someone come sit beside us...zzz")
Mr. Soh: Eh what happened?
Me: Dunno la...They just come and sit down.
Me: Din even bother to ask...
{2 ah tiongs blabbering in background...
A.T. 1: 这摊的菜越来越少了...以前很多的吗...
(and i thought his plate was already twice my malay rice, considering i don't eat little)
A.T. 2: bla bla...bla bla bla...
A.T 1: 哈哈!看这是嗄?
(and scopes 10 cents out from the rice.)
A.T. 2: 真幸运!
( ...yea, lucky that he may be getting the runs this evening...)
}
Me: This is so irritating! Rudeee... Didn't even look at people! Sooo not civil minded!!
(With the A.Ts blabbering away...)
Kaoz. They were totally oblivious to their surroundings. In e end, we moved to another seat, and i show my side profile rolling my eyes...( I always though that was rude, but i had no qualms leaving it for them...)
(Q to Bak Zhang: Is this children-friendly enuf?)
Some article on the recent ODEX-ed saga...alternative voices...
I read with much interest on the fervor which ODEX has stirred up in the local animae scene.
Coincidentally, their high handed act reminds me of the recent ChBe saga that threatened students tosurrender their FYP if they would like to drop their specialization.
This matter has since come to a favourable close, but throughout the turmoil, there has been ZERO transparency. Needless to say, the people who ridiculously insisted on the NEW rules had lost their case. Undoubtedly, with their ultra high egocentric and self (centered + admiration) mentality, the reversion of the stand was not made known to the whole student community. It wasn't even made known to everyone who was concerned enough to email those few chauvinistic beings.
Talk about highly sophisticated individuals.
However, what was surprising was not only the tyrannic behaviour of those "sophists". There was an equally significant number of students, who, felt aggrieved but did nothing. Obedient students insdeed.
Shakey and I spoke to a more clear-minded in charge. Perhaps that could not have been significant enough to bring about the eventual reversal of situation, but at least, we attempted for our sake. We brought to ourselves, updates which could otherwise have been shut out from the rest of the student community who were passive.
We have been brought up and raised in the environment of never to question and just accept. Even in an enclosed school environment, people do not dare to assert their rights. What more to talk about these people when they work?
Compliance may be a virtue, but too much of that brings about vulnerability.
How many times has this characteristic been exploited, time and time again?
Are we bringing up a new generation of babies who can only suck thumb and depend on our nanny state? What becomes of Singapore's future; her leadership?
--------------------
Let's draw some parallelity with ODEX. Up till now, little has been said about their high handed prosecution?
No, i am not one of the illegal downloaders. But i find it disturbing nonetheless.
Obviously, the detail, policies and menancing letters which they sent are largely unknown to people. Nobody knows the set of parameters they use to detect the "illegal" downloaders. If they truly intended for people to steer clear of illegal downloading, there should well defined guidelines. It appears now that the company have chosen to do things "on the sly" instead.
What is their motive? To capatalise? Or to make the "victims" who received their letter hush? There is a very good chinese saying:
"A single chopstick is hard to break. When they are bundled together, they become unbreakable."
or, crudely, (X)人灭口
It is of interest to me the demographic of the people in the legal tussle. Teenagers? Adults? Children? Speaks volumes of the ethicity and intentions of the prosecutor.
It is widely mentioned that ODEX is financially tight. Maybe some audits will throw more light.
And it doesnt help that the CEO of ODEX happens to be the secretary of AVPSA, the association which they claimed to have legalised them to prosecute.
A look at their letter, plus a lil' critical thinking, would enable one to spot "authoritative voice" peppered with threats. Does that constitute a legitamate legal/official tone for a letter? Maybe. But that's highly unusual.
All you need is a super domineering voice in one grp to get the "group" to reach a "collective" consensus.
I went to search on AVPSA. Gave me further insights on the president, Dr. Toh See Kiat. In particular, there was an interview with him. Apparently, the webpage is no longer available. There appears to be some contradictions between the voices. Was it taken down?
Here goes the cached page as of August, which is very recent:
go here: http://haitaka.googlepages.com/home2
Or read as below:
" Notes from a Conversation with Dr. Toh See Kiat
Foreword & Background [for "posterity"]:
This conversation arose primarily out of the online fallout from an AVPAS enforcement action conducted in May 2007. Several months before the action, there had already been some advance notice that the action was going to be conducted. Nevertheless, it came as a surprise to quite a number of people. There was some confusion as to the nature of the enforcement action. In addition, prominent blogger Tsubaki of Anime Desho Desho (http://animedesho.animeblogger.net) was allegedly asked to remove his post on the matter. This led to a community backlash against AVPAS and Odex. Admittedly, I was not immune to a certain impulse towards thoughtless knee-jerk reactions. However, when I realized that the president of AVPAS was someone whom I had previously met and could contact with relative ease, I decided to approach him, present the community's case, and obtain the facts of the matter straight from the horse's mouth, as it were.
Organizations and Individuals Involved:
AVPAS: The Anti-Video Piracy Association of Singapore. An association of local (Singaporean) and Japanese companies involved in the production and distribution of anime and Japanese dramas. Henceforth the Japanese companies will be referred to as "the licensors".
Odex: The largest [legitimate] anime distributor in Singapore. Carries out translation and publishing work. Odex licenses anime and drama series from Japanese companies, most (if not all) of whom are AVPAS members. Observations from other sources indicate that Odex may not have the wherewithal to translate all of its releases, and so some may be subcontracted to other translation firms.
Dr. Toh See Kiat: President of AVPAS. He does not hold absolute control over AVPAS, but his words may carry a certain weight. Dr. Toh's greatest area of expertise is e-commerce law and dispute resolution, but he has also in the past served as a consumer advocate, as the former president of CASE. He is also in charge of a number of businesses and consortia.
Tsubaki: The blogger whose post started this furore. Real name unknown.
The Case Presented:
Although the details and the order of presentation may vary, I presented the following opinions and questions to Dr. Toh.
1. Reactions to recent legal action
Widespread unhappiness Two basic classes of responses: hardcore pirates ("is there a way to circumvent?") and potential or actual consumers ("can we get proper releases here?") Notably, in nearly 200 responses [counting Tsubaki's blog as well as sgcafe and DrmChsr0's blog], nobody has stepped up to outright defend AVPAS' actions [at the point when the discussion happened] Nobody is asking AVPAS to "un-sue" Nobody is arguing about the legality of downloading AVPAS faces a double-bind problem - perception of "bullying" (if AVPAS makes it public) vs. perception of "witch-hunting" (if AVPAS tries to hush it up) So why was Tsubaki asked to take his post down? More importantly, what exactly is AVPAS trying to achieve by sending letters to people?
2. Dissatisfaction with Odex and AVPAS
Evidence which suggests a poor attitude towards the material:
The licensing list itself: replete with misspellings, missing entries and meaningless repeat entries Slow releases; poor quality; monaural sound and use of VCDs - quality is worse than downloaded shows! (This point was repeated several times.) Acquisition of license and subsequent failure to launch: build-up of large backlog Pursuant to the above point, a list was compiled of all the titles on the licensing list which did not appear to be readily available. This, of course, is a very long list. I conceded that perhaps half of the titles on that list might have been released but were out of print or otherwise unavailable. This, of course, still leaves a long list of titles in limbo. Upside-down problem: DVD bundle release is not significantly more ex than VCD bundle release. However, primarily mass-market series (e.g. Full Metal Alchemist, Gundam) are on DVD! Niche series are on VCD. This is backwards. It is likely that niche-series buyers would be willing to pay for quality (hence DVD), whilst mass-market buyers would base their buying decisions mainly on price (hence VCD).
3. Deeper issues - Vicious cycle
Up to now there's been a vicious cycle at work.
a. A particular series is released. b. The series gets fansubbed. c. People download the fansubs [illegally]. d. Much, much later, Odex releases it on VCD with a translation that has a good chance of being terrible. No effort is made to market the series because Odex doesn't have enough money to do so. e. Some honest people who downloaded the fansubs buy the series. Virtually nobody else does, because (1) VCD quality is pretty bad and (2) if they didn't download the series, they probably don't know about it. Nobody hears about the series and says "OK, I'll wait for the Odex VCDs", because there is a good chance said VCDs will not appear, or will be of worse quality than the fansubs. f. Odex makes very little money, or loses money. g. Go to step a.
The problems that are causing the vicious cycle:
1. Illegal downloading
This is a problem, but without illegal downloading, Odex might well make less money in Step 5 People who buy VCDs are by and large FANS of a series. One does not become a fan without watching the series. Chicken-and-egg problem! 2. Lack of marketing
Primarily because Odex can't afford it. 3. Poor quality
Some aspects of quality can't be helped much, although that is arguable Translation quality: Not something that can be helped much. There is some room for improvement. Media (VCD vs. DVD).
4. Solutions There are two confirmed types of downloaders: those who refuse to ever buy anime (either from Odex or from the pirates) and those who download with intent to later purchase. The latter category can be turned into paying customers. Category 1 can be prosecuted and AVPAS is within its ethical rights to do so, but doing so won't bring the missing profits back. However, simply stopping downloads will not turn Category 2 into paying customers, because:
Anger at [perceived] bullying tactics (if a "stray shot" takes out members of Category 2) Poor quality Lack of marketing (as above) In other words, negative steps will never raise profits or cut losses for the companies. Conversely, they may result in a loss of profits. Fans don't need anime in order to survive. Companies do! If everyone ups and leaves, the companies are the ultimate losers. Therefore positive steps must be taken. Whether or not the infringers are punished, there must be an incentive for legitimate customers. Otherwise everyone is punished - the illegal rightly so, but the legitimate unfairly so [with long waits, the chance of not ever seeing a series, poor-quality product, etc].
- What kind of positive steps?
In all cases, the releases have to be TIMELY, or people may well go back to their fansubs (illegal or not) The community wants to engage with Odex. They want information - what is going to be released, and how soon? What licenses have you acquired?
Possibility 1: pay-for-download service ($2 to $2.50 per episode; DVD quality; no dub track) Positives:
Odex saves a bundle on media and packaging costs; fans get the shows faster No "dead stock" sitting in warehouses and on store shelves (I've seen the same Amazing Nurse Nanako box set sitting in a Northpoint shop for nearly 6 years!) Faster turnaround time Users get their shows more quickly Negatives:
Possibility of DRM Bandwidth costs Doesn't solve marketing problem, unless a monthly “buffet” model is used Another possibility is to allow subscribers to P2P with each other (requires some kind of authentication mechanism) rather than with the wider world - this would ameliorate bandwidth load Possibility of pirating the downloaded media - but this is more difficult than pirating fansubs, therefore unlikely Possibility 2: sub-licensing fee allowing users to legally download fansubs (possibly $1.50 to $2 per episode, or $20 per 13-episode season, or $30-$40 per month?) Positives:
Odex and the licensors get a free ride without even lifting a finger! Users can continue to download Easy to track who is legal and who isn't, since users register their personal info - easier to prosecute offenders - sliding scale of punishment for those who violate, which can be applied more liberally (account suspension, &c.) Odex and co. profit off the pirates instead of the other way around! Negatives:
P2P technology implies that these "legitimate" users will still be uploading the show for pirates to download However, there are other non-P2P options such as DivX Stage 6 Another possibility is to allow legitimate users to P2P with each other (requires some kind of authentication mechanism) rather than with the wider world
Possibility 3: social contract, socially enforced (American model)
AVPAS scales back its licensing to what it can realistically release within a decent timeframe AVPAS notifies the community when a license is acquired Simultaneously, local companies step up their efforts to release quality product, on a timely basis (3-9 months at the most) AVPAS informally agrees not to prosecute unless users are downloading already-licensed series Users commit to following code of ethics: Stop downloading when series is licensed If series is retained, obligation to purchase Social enforcement: shaming for refusal to follow the code; possibility of actually turning people in Positives:
Proven model Fansubs act as a promotion mechanism Strategic licensing announcements can be used to the companies' advantage (but aggressive licensing followed by inadequate releases may infuriate) Prosecution less likely to have a chilling effect on the community (since the violators are also in violation of community standards) Negatives:
Could be misinterpreted as condoning piracy Still illegal under Berne Convention! Social enforcement requires community and corporate commitment
Possibility 4: AVPAS continues on its current route; users stop downloading and buying (and move on to other hobbies) Positives:
No more illegal activities. Negatives:
Everyone loses. Profits drop even more; users have to find new hobbies; companies may even close shop.
I didn't explicitly mention Possibility 4, but it was implied at a couple of points.
-
The Response:
By and large Dr. Toh was very willing to hear me out and to provide information. However, some of the information provided is off-the-record and Dr. Toh specifically asked me not to repeat it. What I can say is that the "classified" information is not anything which would be extremely detrimental to the community. There are a few pieces which I would dearly love to release, but at the same time it is my belief that it is in the community's best interest to cultivate a cordial relationship with AVPAS. Most of these quotes will be paraphrased; I am not an expert reporter. However, this document has been verified as accurate by Dr. Toh. As for whether the information is factual, I cannot say. I will say that Dr. Toh at least appears to be trustworthy, and that the information came straight from him.
1. Dr. Toh was very emphatic that AVPAS had not taken any action to silence bloggers, either covertly or overtly. Common sense will, of course, suggest that AVPAS has vested interest in avoiding a PR fiasco, and that silencing people would only lead to such a fiasco. When asked if the person responsible could be an over-zealous AVPAS employee, he stated that this was extremely unlikely. Further, he added that no such action would be taken in the future. He also stated the following: "I want to categorically say that no courts would allow us to prosecute bloggers for downloading simply because they blog about shows. [In order to go after them] we need to catch them in the act, so to speak - because who knows if their detailed knowledge is due to downloading, or watching the Japanese TV runs, or buying the DVDs from other markets, or from parallel imports? And by the way, parallel imports are legal in Singapore - so AVPAS cannot do anything to stop these." Which, of course, doesn't mean that bloggers will not be targeted for "investigation" - but of course, linking a specific blogger to the IP address which you've found is quite difficult. Much easier to take all the infringing IP addresses and pick the most frequent downloaders.
2. Dr. Toh stated that AVPAS "obviously... has no intention of taking punitive action against consumers who are aware of the ethical obligation to pay for what they get, and who are willing to do so." Conversely, he also stated that "if people display an unwillingness to pay their dues [by purchasing the licensed VCDs/DVDs] or are unwilling to contact us and discuss the matter, we are prepared to take legal action." The first step to be taken if you receive the dreaded letter is to contact them; it doesn't necessarily have to result in a lawsuit. In summary, "[AVPAS doesn't] prosecute people unless [they] feel they really, really deserve it." I was unable to obtain data on the exact figures which people have had to pay, and what exactly AVPAS considers to be punitive.
3. On the issue of quality, Dr. Toh wished to reserve comment. However, he agrees fully that the apparent lag time of official releases is a problem, and one of the major factors which have resulted in loss of profits. He further clarified by noting that typically, series can only be released - at the very earliest - after the Japanese DVDs have been released, and that very often the releases may lag behind releases in larger markets such as the US. He expressed interest in examining the list of alleged "limbo licenses" in further detail, and accordingly I gave him a copy.
Significantly, it appears that this list is not of licensed titles, but rather of titles owned by the Japanese member-companies within AVPAS.
Further, he was prepared to agree that there was room for improvement in Odex's business model, but noted that the other AVPAS members were not in a position to dictate what business model they should adopt. There is an awareness that positive steps need to be taken rather than simply whacking people.
4. On the issue of whether fansubs are damaging sales, he asserted that the Singapore market's anime sales volume dropped by 70% in a single year. The exact year in which this happened is classified information which he was unwilling to reveal to me, but in the absence of other factors it would seem that downloading is at least partly responsible, and that the reduction in sales is real and not blowing smoke. (Heaven knows Odex's products haven't gotten that much worse, although they certainly haven't gotten better either.) However, he was willing to acknowledge that for those people who are willing to purchase the licensed series, fansubs can and do act as a promotional mechanism: "some of Odex's customers are also downloaders." (My personal guess is that "some" is a bit of an understatement, but I doubt that it would be politically viable to say anything otherwise.)
5. Significantly, Dr. Toh revealed that due to the small size of the Singapore market, the licensors are not prepared to offer Odex or other local companies the same sort of licensing agreements which the US companies receive. The exact kind of licensing agreement which Odex gets is classified information. When questioned as to why Blue Max apparently is not subject to the same kind of agreement, he appeared to be unsure and informed me that he could not speak for them, since they aren't with AVPAS. Further, it does appear (my own conjecture, based on the List) as though some of the companies which license to Blue Max are not AVPAS members either.
6. Further, I was informed that the licensors do not see Singapore as a significant potential market. Their interest in Singapore is not so much in making money, but in preventing it from becoming a distribution node for pirated media. ("Welcome to Singapore!" My conjecture is that if Odex disappears and the local anime scene goes down the toilet, it would not be a significant blow to them.) Dr. Toh was quick to add that if the sales volume showed that Singapore was a potential major market, the licensors might change their tune. Conversely, the licensors prefer to work with Odex because they have built up a strong business relationship over the years; this accounts for the relative lack of other companies producing licensed anime.
7. In regards to the proposed solutions, Dr. Toh was generally optimistic about Odex's ability to re-invent itself, although he cautioned that the lack of funds might pose an obstacle. His responses were as follows:
a. E-commerce and downloading: He was understandably enthusiastic about this, since he apparently runs an e-commerce consortium (in addition to his many other activities)! Of course, setting up such a system would be costly and time-consuming. However, when asked about the possibility of leveraging P2P technology to cut bandwidth costs and speed up downloads, he noted that it would be expensive to come up with a P2P solution with some sort of authentication. He was ambivalent about DRM and acknowledged that it was not likely to be of much use.
b. Sub-licensing and "legal torrenting": He was surprisingly enthusiastic about this idea, although also quite amused. However, he noted that there might be resistance from the licensors.
c. Social contract (the US approach): Because of the differences in licensing formats and in culture, he wasn't sure this would work. My personal observation, however, is that Odex appears to be pursuing a somewhat-modified version of this approach.
d. Everyone dies: As stated, he was aware that anime fans don't need anime to survive, and that the people affected the most would be Odex. However, he informed me of the possibility that with Odex out of the picture, the licensors might take more aggressive steps against downloaders. Remembering that their primary objective is what it is (see point 6), this possibility is not too far-fetched.
-
Additional Comments by Dr. Toh (selected):
1. AVPAS acts for producers of content. Most of our members are in that category. Content producers own the copyright in all content they create and it is an infringement of copyright law to download their content without authorisation [ed: no matter whether it is locally licensed or not]. The titles that AVPAS acts on are therefore not necessarily licensed to Odex or anybody for that matter.
2. Bluemax is not a member of AVPAS so we cannot speak on their behalf.
3. The US-Singapore Free Trade Agreement obliges the Singapore government to criminalise individual downloads that are wilful and significant (section 136 Copyright Act). The Copyright Act is available for free on the website statutes.agc.gov.sg. The inclusion of this seemingly draconian rule was at the insistence of the US government as US content producers were losing millions of dollars to individual and commercial pirates in Singapore and Asia. AVPAS in issuing its recent letter only seeks to exercise the legitimate rights now given to all content producers and owners of copyright [ed: not just those in the US] by the copyright law of Singapore.
4. Odex is a commercial distributor of licensed content. Whether or not their business models are sustainable is up to them to decide. I am sure, however, that they want to be responsive to their customers, meeting demand where there indeed is actual demand - and not hypothetical demand speculated by bloggers. They have apparently produced limited editions for students (at $15!) on DVD as requested by fan clubs and not even been able to sell off 10% of what was produced. The truth is - not that many people buy the DVDs that Odex produces; that's why they are more often in the cheaper VCD format! But you can be certain that Odex will improve its business model if it sees weaknesses; or money to be made in DVDs.
5. Quality issues - of content and translation - are issues that Odex have to answer themselves. Odex insists that their content quality is comparable to the Japanese releases. Lapses in translation quality apparently came about in a failed (and now aborted) experiment to allow fans to help in translation so as to speed up releases. [Ed note: Of course, VCDs with mono sound - albeit dual-language tracks - aren't quite the same as DVDs. But we have already established that DVDs don't seem to sell well, at least according to AVPAS.]
6. AVPAS has not sent out letters indiscriminately to all and sundry. They need to be wilful and significant downloaders. Or commercial pirates. In any case, almost all of those who have received our letters have approached us and seen things from our perspective, and settled amicably. If you have any feedback, call us. We are very reasonable people - not witch-hunters. But we are commercial people and not charities, and our teams produce entertainment for the fans for reasonable remuneration (we need to pay the mortgages and feed our families). If we do not get paid for our skills and efforts, we'll move to other jobs and businesses. [Ed notes: - Some accurate, verifiable data on the exact figures which people have had to pay would be welcome. I was not able to get this data.
- How do you define "amicably"? If one is given the choice between going to court and settling "amicably"...... - In regards to what is "significant", the law is not clear. One or two episodes don't seem to be significant, and indeed Dr. Toh made a comment which appeared to imply that. An entire season, or multiple seasons, probably constitute "significant". Anything else in-between is up in the air.]
7. If any of you think you can do this better than Odex, you are welcomed to approach any of my content owning members for a licence on any title you feel you can make money on :-). So put your money where your mouth is - and realise the true extent of the problem personally! For example, if you can find a better e-commerce model to generate sales....
-
Conclusions and Analysis (my own)
1. Odex is trying to revamp their business model, and AVPAS is encouraging them to do so. However, money is a problem.
We've already seen some evidence of this in their increased number of DVD releases. It is possible that they will fail to do so because of inadequate commitment, but this is not likely. It is also possible that they will fail to do so because of lack of funds. Let me say that although we, the anime fans, are not a charitable organization, if you have already downloaded a series, it makes sense to purchase the Odex release rather than the official R1 or R2. It's cheaper too!
2. AVPAS's objectives are not really uniform.
The licensors are mainly interested in preventing Singapore from becoming a piracy hub. (Again, "Welcome to Singapore!") On the flip side, the Singapore companies are mainly interested in getting people to purchase licensed anime and TV shows. The two objectives are complementary but not the same.
3. Odex is indeed very likely to be losing money.
Which is partly why a remark I made earlier on about "cash cows" sounds a bit silly ... But seriously, conjecturally speaking, if people who downloaded fansubs were willing to buy the series (if only for the sake of legality), then I frankly doubt Odex would be losing money. On another note, it does appear as though DVD sales are a problem. Then the solutions could come from two sources: (1) stop selling VCDs of series released on DVD, and/or (2) make it such that the DVDs represent genuine value added over and above the fansubs.
If you have any questions, please feel free to e-mail me at haitakaATgmail . There's still a lot of information that I didn't manage to get, but I'll try to answer as best as I can.
Some joker got me to do this test (which looks a little familiar) and told me to paste it. There it is:
I would say it is 50% true...Haha...Good ones come, bad ones all throw away!
Your view on yourself
You are intelligent, honest and sweet. You are friendly to everybody and don't like conflict. Because you're so cheerful and fun people are naturally attracted to you and like to talk to you.
The type of girlfriend/boyfriend you are looking for:
You like serious, smart and determined people (But hey! I am crappy like a clown!!). You don't judge a book by its cover (Cuz paperbacks are MUCH cheaper than hard cover books), so good-looking people aren't necessarily your style (I only dream of them). This makes you an attractive person in many people's eyes.
Your readiness to commit to a relationship:
You are ready to commit as soon as you meet the right person. And you believe you will pretty much know as soon as you might that person (Dunno what talking the website).
The seriousness of your love:
You like to flirt and behave seductively (With girls...). The opposite sex (If the girl i am seducing happens to be a butch) finds this very attractive , and that's why you'll always have admirers hanging off your arms (Just as ah meng hangs on the tree?). But how serious are you about choosing someone to be in a relationship with? (I can't. I am straight).
Your views on education
Education is very important in life. You want to study hard and learn as much as you can. (And end up throwing way 99.99% of what your teachers hoodwinked you in school).
The right job for you:
You're a practical person and will choose a secure job with a steady income. Knowing what you like to do is important (I like to daydream and talk to myself). Find a regular job doing just that and you'll be set for life (to jia sai if i really pursue my ideals).
How do you view success:
You are afraid of failure (More applicable to myself in the past) and scared to have a go at the career you would like to have in case you don't succeed (with the goals i set above?). Don't give up when you haven't yet even started! (I started pursuing my goals since young) Be courageous.
What are you most afraid of:
You are concerned about your image and the way others see you. (I am most scared of people puking!!) This means that you try very hard to be accepted by other people. It's time for you to believe in who you are, not what you wear.
Who is your true self:
You likeprivacy very much because you enjoy spending time with your own thoughts. (That's why people who talk to themselves arent necessary from IMH.) You like to disappear (to the toilet) when you cannot find solutions to your own problems, but you would feel better if you learned to share your thoughts with a person you trust (I trust my BOLSTER).
Heh...Started today by reaching school at 11.30 a.m. =D
No lessons but got FYP leh...
做人苦死啊!
(Translate to hokkien or teochew...It sounds much nicer...)
Here's some updates for the last few days...
National Day:
Mr. Soh's nephew's 2 yr old birthday celebration. Went there quite early, had quite a sumptuous buffet brunch :D
Was waiting for everyone to arrive,
and i fell asleep...
The day after National Day: Mr. Soh's cousin's wedding tea ceremony cum registration cum Dinner at Hotel Intercontinental.
Er...was waiting for the honorable arrival of the bride n groom, and fell asleep...AGAIN! Grrr..I really wonder how it is possible for me to be born in the year of OX instead of PIG.
DInner was good i must say, especially the Shark's Fin. Not being environmentally aware eh...But...really nice la...
2 days after National Day: Fetched my cousins to bugis cuz Cuiwen wanted to go to the national library. Went there for lunch @ Delifrance, went to the library to see the crowds and headed back home after yaowen managed to trick my uncle into buying 2 justicriser figurine for him by crying out loud... =.=
3 days after N'Dae: Life as usual. Slept v late too...
Today: As reported above. Using Shakey's lappie to blog now...Was browsing through things, when i chanced upon this:
Initially thought the show to be something murky...But heard that it is very tear jerking. Maybe i will go and watch, if he has the time for it...Hoho...
But I just got in touch with the Suay angel(s)...Hur hur...
When u start, you just cannot stop.
Got "preached" by Mr. PhD again yesterday...
Mr. PhD: (My name)
Mr. PhD: A good researcher,
Mr. PhD: Must not only work hard but think hard...
Mr. PhD: This is only for your own goodness...
Me: but...
Mr. PhD: I know that many FYP students have the same problem initially... Mr. PhD: But you must learn...(bla blaa...bla bla bla..) Mr. PhD: Hope you understand.
Me: Orh. (...Yes I understand..that I will be my own PhD...Thanks for giving me tt honor...T_T)
And today...
I created my own Guniness world record by waking up at 7 a.m., without the help of alarm!!
Whooooooo~
Den tried sleeping on the bus...But there was some smell, that prevented me from
sleeping...Pungent on-off smell...eeee
Reached school, only to realize that I forgot to bring my wallet to school. Who ask me extra?
Yesterday night go pack my bag...Itchy backside...
WIN LIAO LO.
Today can experience being a beggar. (I wonder if i can bag $300 =D)
So i was effectively locked out of my own lab.
I tot my saviour came when i saw the lab officer. Who knows, she was there to drop a brick on my head.
Lab officer: Er...They went for safety briefing. Never tell u ah? Me: ...But then...
Lab officer: You cannot work without postgrads. Sorry i cant let u in. Me: =.=
Wa lau...
Saw my another fren in the same lab. Thought my secondsaviour came. (I think she brought me more suay-ness...Hur hur hur...She saw a serious accident this morning with 1 fatality. )
We could access the lab...but the door leading to the lab was LOCKED. And Mr. PhD had
unlocked the door for me at 7 a.m. this morning. Wonder which helpful person went to lock it back...
So we went to the com lab to chill out...Not much of a choice...Do I?
Me: Eh...Lab officer say cannot work without postgrads... Mr. PhD: Then cannot work. It's a pity. Me: =.=" (Then why u tell me come early on tuesday?! ()(*&*(#)