SINGAPORE - Overturning a previous decision, the High Court in Singapore has ordered an Internet service provider to identify customers who used BitTorrent to share Japanese anime titles.
The decision likely will lead to legal action against hundreds more BitTorrent users.
In 2007, Odex Pt. Ltd., a Singapore-based company that distributes anime in Southeast Asia, began pursuing those it accused of sharing its copyrighted works, sending "pay up $3,500 or else" letters. The company said this was done in response to losing more than 60 percent in sales over the previous two years.
Odex used a tracking system to collect IP address of alleged sharers and successfully went to court to force ISPs StarHub and Singnet to give up the identities of customers involved in the sweep.
Odex then tried to force PacNet, another ISP, to give up the same information. PacNet refused, and Odex went to court to try to force the company to comply.
However, the court decided that Odex had "no right of civil action" against those it accused of infringing its copyrights, as Odex is only a sub-licensee of the anime titles it distributes, not the copyright holder.
The High Court dismissed Odex's attempts to force PacNet to hand over its customers' details. Justice Woo Bih Li decided that as Odex had no right to take copyright action, it could not be allowed to see the personal details of PacNet's customers.
However, the court granted the six Japanese copyright owners full access to the records, since they are in a position to sue. Odex added GDH, Kadokawa Pictures, Showgate, Sunrise, TV Tokyo MediaNet and Yomiuri Telecasting to the case in 2007.
"PacNet is glad that the court has ruled in favor of us and has dismissed Odex's appeal with costs," a PacNet spokesperson said. "We will abide by [the] ruling and provide these copyright owners with the details of about 500 IP addresses."
It has been estimated that Odex could have received as much as $9 million if everyone it has accused paid up.
"This ruling in favor of the Japanese copyright owners is a significant boost for us and our principals, as we have always acted for and on behalf of the copyright owners," an Odex spokesman said. "We are very pleased that PacNet will now be required to hand over information on the infringing accounts to our copyright owners."
