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Wed, Oct 03, 2007
The Straits Times
High Court adjourns Odex's appeal to give lawyers more time

THE HOTLY-WATCHED High Court appeal by anime-distributor Odex to reverse an earlier decision that denied it access to Pacific Internet customers allegedly downloading pirated Japanese cartoons, has been adjourned.

In a short in-chambers hearing on Wednesday morning, Judge Woo Bih Li agreed to grant an adjournment to allow Odex's law firm Rajah and Tann so that it can 'adduce' or add more affidavits to support its case.

According to sources familiar with the case, the three new affidavits are from online tracking service BayTSP, Odex director Peter Go, and Dr Toh See Kiat.

Dr Toh, a lawyer, is the president of the Anti-Video Piracy Association of Singapore, and a former president of the Consumer Association of Singapore.

Pacific Internet's (PacNet) law firm Alban Tay Mahtani & de Silva said that it is opposing the application, on the basis that such evidence should not be allowed to be introduced at this stage.

The new hearing date - also a closed-door affair - has not been fixed.

In May, Odex, which distributes anime here, sent letters demanding settlement sums of between $3,000 to $5,000 to several hundred people it alleged were downloading pirated anime. It had successfully obtained court orders to get the names of downloaders from SingNet and StarHub.

In August though, Subordinate Court Judge Ernest Lau turned down Odex's request for a court order to obtain the names of similar alleged downloaders from PacNet.

In his judgement, Judge Lau said that Odex was the wrong party to take legal action, and that it did not have good enough evidence of wrongdoing on the part of the alleged downloaders.


 

 
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