Thursday, August 30, 2007

Singnet's Response: "But We didn't Consent!" Ya Right...

So Singnet finally responded just when everyone was wondering how long they'd take to warm up to the fact that they were rapidly getting to be the target of abject hatred by anime and non-anime fans alike. Even big, iconic, Singaporean companies are not immune to the fallout from a PR disaster caused by one very huge glaring mistake. And we were wondering just how they intended to justify their appalling actions or lack thereof in the Odex saga.

Their response yesterday was as newsworthy as it was incredulous. So much so, it makes one wonder if they really believe what they proferred as justification and clarification for their shortcomings. 'Say it repeatedly and with enough conviction and the masses will believe' must have been the guiding sentiment behind the corporate mind that came up with this 'clarification'.

Let's see, here's what they 'clarified': Singnet never consented to Odex. They reject all requests from third parties for information pertaining to our customers and only release such information only under a court order or if the law enforcement and regulatory agencies demand such information from them. They "entrust the courts to apply the law and make a ruling". This part made the entire gang burst out laughing in sheer disbelief at the incredulity and brazenness of the statement.

A lot you will realise depends on how Singnet defines consent. Which to them is not the commonsensical average man on the street definition of consent: i.e, Failing to engage lawyers to even contest the application, NOT turning up at the court hearing and simply consenting to Odex's application without bothering to contest it. No, to Singnet, the definition of consent is so narrowly defined as to make it ludicrous. Consent, to them, is defined as not giving customer's information to any third parties who request for it unless under a court order (an application for the said order they will apparently consent to) or if demanded from by law enforcement agencies.

It should be bloody obvious that Singnet or any ISP for that matter can't go around giving customer information to any Tom, Dick or Harry who asks for it. They'll definitely be in contravention of the code then. Come on, the definition of consent should be commonsensical, they didn't bother to engage lawyers to contest Odex's application, consented to the Odex application and didn't send lawyers to attend the hearing since they already consented. Which one makes more sense? We're not idiots please.

Oh and Singnet 'entrusts the courts to apply the law and make a ruling.' Other than the fact that the language certainly sounds dismissive (i.e.: imagine a client or bigshot instructing a service provider: I trust you will do this, i trust you will do that.. that's the impression I get from that tone), the courts cannot apply the law if you don't even contest the application/subject matter, consent to the application by the opposing party and fail to turn up in court.

And you wonder why the court then rules in the opposing party's favour? There's nothing to rule on what, you yourself consented to it and failed to contest the application/claims. Entrusting the courts to apply the law will do nothing if you're not going to take the requisite action yourself. So say what you like, I remain totally unconvinced by Singnet's attempts at clarification, if anything it only makes them look worse.

In other news, apparently the rumours regarding Odex and Games Mart have been confirmed to be true and a short blurb has been published in the newspapers. While it has no direct impact on the Odex saga, it certainly doesn't help Odex's already battered image that a one-time firm started by the men behind Odex, was itself raided by police for copyright infringement.

It's amazing how much dirt people can dig up when they're determined to and gauging from the multitudes of people Odex pissed off, it really isn't too surprising. For now, it'll be interesting to see how Singnet responds.

4 comments:

Anonymous said...

It is amazing that how people keep using the "donate to charity" tactic to soothe displeasure.

Odex to hire independent auditor to show sincerity:

http://www.todayonline.com/articles/208537.asp

Jukiro said...

Hi, I don't know your name or how to address you but even though you are a gay and a law student, i am really impressed with the way you write. It doesn't matter if you are gay or not. I think what really matters is how you want to live your life. You have shown alot of clarity and critical thinking in the "Odex saga". But with the new reports on how Odex is dealing with the present stalemate in their legal tussle, inviting Japanese representative from the various anime companies to back them up. I would like to hear your views on it. Also Mr Peter Go has also publish a small little segment on the Straits Times denying his affliation with Games Mart. From the way i see it The information thats published is not really properly revealed from the newspapers itself. Each has its own style of story and you have to piece them like some jigsaw puzzle to get the whole idea.

On why i decided to comment, i accidentally stumbled on your blog by accident as i was quite interest in this ODEX saga which was involved in the anime downloading issue. I used to download anime like Bleach and others, Rozen Maiden etc. But i think i stopped downloading this year January or last December whichever earlier due to being busy with personal issues. Can't really remembered when i stopped but i find downloading from torrents pretty expensive on my electric bill. From your blog, i think you identified really well what steps we should take in events that we received the "letter of ODEX". I really appreciate the information as it clears alot of smokescreen and spectaculations by the people at the HardwareZone. Seems like it was really all talk and no action by a bunch of kids. Anyways i really like your blog, its very informative on some issues which i didn't even know. Hope to see your updates soon.

Aelgtoer said...

Hi Jukiro,

Thanks for your comment.:) A number of people already know my real name but you can just call me aelgtoer or whatever you like. I read with great interest today's article about Odex calling a press conference together with four representatives from the Japanese animation companies to bolster their image and the case that they do indeed have authority.

I'll probably get down to writing a short commentary on what I make on the whole, rapidly developing saga soon. What is very clear though is that the stakes have been raised with the court ruling and Odex is pulling out all stops to ensure it wins the appeal with a bang.

The signs are after all glaringly obvious, flying the BayTSP ceo in to testify, now calling a public press conference with 4 representatives of the copyright owners to declare that the Jap companies themselves would take the necessary action to protect their copyrights; all these point to Odex getting ready to the showdown.

And my suspicions have indeed been confirmed after all, Mr Lau Kok Keng, the head of the IT department in Rajah & Tann is indeed helming the case(extreme left of the photograph).

Cheers

spyer said...

Another article. Indeed, it is getting hot now.

Japanese anime firms close ranks with Odex
http://www.todayonline.com/articles/208525.asp

"At a press conference held by Odex yesterday, the message from nine anime copyright holders — including some of Japan's biggest animation studios — was clear: They are prepared to take legal action against the wrongdoers directly, should the Singapore courts reject Odex's bid to do so."