“If an individual stop downloading now, today, on the 3rd September, 2007, he will have no possibility of ever receiving any letters from the copyright holders, (aka the Odex letter) as we will not take anything that he has downloaded before this date against him. We will not send any letters to him.”
No backlog letters will be sent
Here’s the full text, posted with the time stamp “Mon Sep 03, 2007 12:54 pm”
“No backlog letters will be sent.
No one will receive any more letters dated after August who addresses illegal filesharing with dated evidence.
Let me put it in a very clear and straightforward release to avoid any misunderstanding then.
If an individual stop downloading now, today, on the 3rd September, 2007, he will have no possibility of ever receiving any letters from the copyright holders, (aka the Odex letter) as we will not take anything that he has downloaded before this date against him. We will not send any letters to him.
If an individual continues to download and shows up on our investigation we will send him a letter to ask him to explain why it is so. If he cannot give us a reasonable explanation of why that happened, we will reserve the rights to take legal action against him, with all the evidences that we have collected before and after the 3rd of September (there would necessarily be evidence after the 3rd in order for this to happen).
If you have any friends who still do not know the danger of filesharing, please let them know. Filesharing is illegal and it infringes the intellectual property of the copyright holders. Please do not download.
He further clarifies (Mon Sep 03, 2007 1:07 pm):
“Those letters whom have already been sent out, were sent out, not too sure about the date but it is definitely at least 3 weeks ago, those who should have received the letters, should have already received them. Barring super-delayed letters (because many of them has not yet got back to us, so we must assume that some have not collected the letters)
A better explanation will be :
Those who have STOPPED downloading after the date of Sep 03 will not get any letters from us.
He also mentioned that ODEX will be issuing an official statement soon.
From xysing’s words, I take it that ODEX is willing to give chance and are not going to issue any more legal letters at the moment.
For those who received the letters, know that you have your legal rights and do not have to settle for ‘damages’ that ODEX demands.
To ODEX: Let this episode be a good learning experience for your business. Litigation can be costly to the bottom line as well as goodwill. Your energy and capital can be better invested in improving the quality of your service and products. There is a small but lucrative ACG market here, and I’m sure by re-shaping your business practices, you will prosper. Chuang Yi started off as a company that sold pirated manga, and look at how well it’s doing now. I hope that should I write another article about “ODEX”, it would be a piece that promotes your products and services. Don’t see fan-subbed anime as a threat – let that be a benchmark for your products. I believe fan-subbed anime benefits the ACG industry more than the purported harm it brings.
To anime fans and otakus: We’ve got some soul searching to do. We’ve got to ask ourselves whether if we’re really ‘freeloaders’, or if we’re pro-sumers that add value to the industry and fan community (i.e. if you’ve been using materials to do reviews, doujins, practice your Japanese and technical skills by learning how to put subtitles to raw footage etc). Have you contributed to the originators of the anime franchise by buying their licensed DVD and (genuine) merchandise etc. As to the people behind ODEX, live and let live. They’ve already admitted their mistakes and they should be given a chance to redress the situation. I’m sure in all the anime shows that you’ve watched, a distinguishing virtue of the hero/protagonist is ability to forgive. I’m not asking you guys to forget, but we ought not lose sight of the bigger picture.
I believe ODEX is offering the peace-pipe. And everyone should take a puff and chill out.
Each side should take a step back and re-assess their own positions. There is hope yet for both anime fans/otakus as well as businesses wanting to seek profit from the local ACG scene, if both parties can learn to work together for a common future.