Odex Pte. Ltd. (Odex) is a Singapore-incorporated company that licenses and releases anime for local and regional consumption. The company catapulted into notoriety this year when it applied for court orders against several internet service providers (ISPs) to reveal personal details of downloaders of anime licensed to Odex. Having successfully obtained discovery orders against ISPs SingNet and Starhub, Odex proceeded to issue letters of demand threatening legal action, both civil and criminal, against identified downloaders, barring out-of-court settlement. The sums demanded in settlement talks ranged from S$3000 to S$5000. Amidst public outcry, Odex has since decided not to issue letters to individuals who illegally downloaded prior to 3 September 2007.

There are several factors that make this saga intriguing: (1) the fact that the downloaders identified mostly did so for personal enjoyment, (2) the large sums demanded in settlement and (3) Odex’s threats of civil and criminal action to buttress their cause.

Firstly, in a recent parliamentary debate on the applicability of the Copyright Act (Cap. 63), it was proffered that “it is not intended to catch a person who commits an infringement by occasionally downloading… for his own personal enjoyment”. Sing. Parliamentary Debates, vol. 78, col. 1041 (16 November 2004) (Professor S. Jayakumar). The settlement amounts demanded of the offenders are also manifestly excessive when viewed in light of potential damages a court would grant should Odex hypothetically win a suit. Thirdly, Odex’s threat of criminal action is an unfounded one since this is dependent on an exercise of prosecutorial discretion, which judging from legislative intent in amending the Copyright Act, would be highly improbable. Of course, Odex still retains a civil claim against the offenders, however unlikely to be brought since the risk of an adverse judgment is ever-present.

This issue also opens a Pandora’s box in the area of corporate social responsibility. It is firstly opined that Odex’s actions are deplorable as a profiteering manoeuvre levelled at individuals who are often, legally untrained. Although Odex categorically denied this, it is difficult to conclude otherwise judging from the adversarial manner in which settlement processes were carried out. However, the blame cannot simply be cast on Odex, as SingNet and Starhub were equally culpable in their inertia. In failing to contest discovery orders and opting instead to receive payment from Odex to reveal downloaders’ information (The New Paper, 8 August 2007), they forsook their obligation to protect consumer privacy. It took an unprecedented decision by District Judge Earnest Lau in dismissing Odex’s discovery bid against a third ISP, Pacific Internet, to put a temporary cessation to the matter. Since then, Odex has teamed up with Japanese anime producers to explore ways of circumventing the judgment. It is hoped that the courts will firmly stand their ground in the face of these developments.

Jeth is a third year law student and the Chief Editor of SLR.