Odex to seek compensation of up to $5,000
Door open for IP owners to get names of those doing it illegally in Singapore. Going online to download content may soon offer less anonymity in Singapore than it used to, particularly for those getting copyrighted material illegally. The latest foothold they have secured is a court decision ordering Internet service provider (ISP) StarHub to reveal the identity of about 1,000 subscribers who have downloaded Japanese animé cartoons illegally. Animé distributor Odex, which won the case, is likely to seek compensation of up to $5,000 from these individuals and an undertaking to halt such illegal downloads. While the enforcement net may not have been cast this wide in Singapore before, it was “only a question of time” before widescale legal action taken elsewhere such as those by the Recording Industry Association of America were replicated here. As a general principle of law, it’s not new. Someone who has been wronged has the right to go to a third party to seek information. And if people are infringing copyright, rights owners are entitled to do this.
While anonymity has been one of the Internet’s hallmarks, the latest ruling could make it easier for IP owners to police infringements online than offline, ironically, because cyber offences leave an e-trail. Since it will be a precedent on disclosure, it will be interesting to see how IP owners will react. A similar ruling could strengthen the hand of copyright owners here at the expense of privacy. As is believed, it would be hard to argue that being in cyberspace ought to offer people protection against copyright infringement. However, still, the process is not cut-and-dried.
Last month, an adviser to the top European Union court said that telecom companies in Europe are not required to hand over information on clients believed to be running music-sharing websites in civil cases. Today IP owners cannot expect the court to order ISPs to disclose customer information each time there is a suspicion of illegal downloading. To give the right of confidentiality its due weight, there should be “overwhelming evidence” of illegal downloading. ISPs could be asked to inform customers to stop illegally downloading content or to block such people from the websites.
The last time any action was reported to have been taken against downloaders was when the police raided seven homes last October, following a tip-off by the Record Industry Association of Singapore. Three students were subsequently charged for illegal downloading and distribution. Under the Copyright Act, which was toughened in 2005, egregious downloading of music, movies and software can lead to a jail term of up to six months and fines of up to $20,000.
