Showing posts with label corporate law. Show all posts
Showing posts with label corporate law. Show all posts

Friday, April 10, 2015

Dallas Buyers Club downloads: M1 passed customer details to law firm on court order

Dallas Buyers Club downloads: M1 passed customer details to law firm on court order

The Singapore telco says it was acting on an order from the High Court, which has also been received by StarHub

PUBLISHED: 10:01 AM, APRIL 8, 2015

SINGAPORE — Following a court order, M1 said it has disclosed customer information to a local law firm over alleged illegal movie downloads.

In response to queries from Channel NewsAsia, an M1 spokesperson said today (April 8) that it disclosed customers’ names, NRIC numbers and addresses to Dallas Buyers Club LLC following a High Court order in January.

The telco was responding to reports that customers who allegedly made illegal downloads of the movie Dallas Buyers Club had received letters asking for compensation. The letters reportedly claimed that M1 had received a court order to reveal subscribers’ information to a law firm representing Dallas Buyers Club LLC.

“M1 did not provide personal data of the affected customers to Dallas Buyers Club LLC when it first requested for the information,” a spokesperson for the telco told Channel NewsAsia today.

“Dallas Buyers Club LLC subsequently applied for a hearing at the High Court. After hearing the parties, the Assistant Registrar of the High Court granted an order compelling M1 to disclose the names, NRIC numbers and physical addresses of the affected customers.”

“M1 has accordingly complied with this order.”

STARHUB 'IN PROCESS OF COMPLYING'

Separately, StarHub on Wednesday told Channel NewsAsia that it had also received the High Court order.

“We have received a High Court order to provide details of some customers based on particular IP addresses, and are in the process of complying with this court order,” said Ms Caitlin Fua, Assistant Vice-President of corporate communications at StarHub.

StarHub added that it has engaged external litigation to act for the company, to "ensure that the plaintiff’s claim is properly assessed by the High Court".

On Monday, internet service providers in Australia were forced to hand over the personal details of almost 5,000 users who were alleged to have shared the movie on online file-sharing networks such as BitTorrent. Similar action is being sought by Dallas Buyers Club LLC in the United States.

The movie, made on a US$5 million (S$6.79 million) budget, won Best Actor, Best Supporting Actor and Best Makeup at the 86th Academy Awards in 2014. CHANNEL NEWSASIA



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Illegal downloads: Singtel provides subscriber details after court order

Illegal downloads: Singtel provides subscriber details after court order

PUBLISHED: 12:57 PM, APRIL 8, 2015
UPDATED: 4:10 AM, APRIL 9, 2015

SINGAPORE — Singtel today (April 8) become the latest Internet service provider (ISP) here to comply with a court order to release the details of subscribers who allegedly downloaded the Oscar-winning film Dallas Buyers Club illegally.

A Singtel spokesperson said today it received the High Court’s order yesterday. It must now turn over requested information, including the names, IC numbers and addresses of subscribers linked to the Internet Protocol (IP) addresses identified, of some 150 subscribers to Dallas Buyers Club LLC, which owns the film’s rights, by the end of the month.

The telco, she said, had received a letter in October last year from Samuel Seow Law Corporation, which represents the United States-based film studio’s suit in Singapore, requesting identities of some of its subscribers.

It had refused to comply with the court order, and engaged a lawyer to contest the order.

Lawyer Edmund Eng from law firm Shook Lin and Bok had argued that Singtel had a legal obligation to keep its customers’ information confidential and requested the court to consider if evidence provided by Dallas Buyers Club LLC was sufficient to support their claims of infringement and compel disclosure of subscribers’ identities. However, the court allowed the order to proceed.

Dallas Buyers Club LLC has reportedly identified more than 500 Singapore IP addresses here through which the movie was said to have been downloaded illegally. Apart from Singtel, both M1 and Starhub, which had also engaged lawyers, were ordered by the court to turn over information about their subscribers.

Over the weekend, letters were reportedly sent to Internet users here asking for a written offer of damages and costs within three days of receiving the letter.

Lawyer Wendy Low from Rajah & Tann LLP said she has received informal queries seeking legal advice and confirmed the letters did not specify the amount of damages sought.

This is unlike the approach taken in the US, where legal action has been threatened against 1,000 Internet users. The users were told they were liable for damages of up to US$150,000 (S$202,500) in court unless settlement fees of up to US$7,000 were paid, reported the Sydney Morning Herald.

In Australia, the Federal Court yesterday ordered six local ISPs to disclose the identities of some 4,700 people it alleges infringed the film’s copyrights.

Lawyers TODAY spoke to found it unusual that a settlement amount has not been specified in Singapore. Digital media lawyer Matt Pollins from Olswang Asia noted it is difficult to determine a precise level of damages here as there are fewer past cases of infringement claims against end users, in contrast to the US where benchmarks are more certain.

Under the Republic’s Copyright Act, statutory damages are subject to a ceiling of S$10,000 for each copyrighted work.

Mr Bryan Tan from Pinsent Masons said that the studio might be lending users a hand by allowing them to make offers reasonable to them. “This will also allow them to resolve more cases faster,” he said.

Technology and intellectual property lawyer Han Teng Wah, however, felt legal action is not the best way to deter copyright infringement.

“The people you round up are young and ignorant, they may not know what their legal rights are. The system should move to educate users on how illegal sharing will kill the creative industry,” said Mr Han.



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Mixed response from local film-makers on illegal download crackdown

Mixed response from local film-makers on illegal download crackdown

Some say movie piracy penalties must have ‘bite’ to be effective while others say in order to curb piracy education is better than punishment

BY SERENE LIM

PUBLISHED: 11:33 AM, APRIL 9, 2015
UPDATED: 11:34 AM, APRIL 9, 2015

SINGAPORE — Responses from the film community here to the news that the producers of the Oscar-winning movie Dallas Buyers Club are seeking compensation for allegedly illegal downloads have been mixed.

Some felt the move made a strong statement against piracy, while others felt it would do little to stamp out the problem as new ways will be found to circumvent any crackdown.

The studio, Dallas Buyers Club LLC, has identified more than 500 Internet Protocol addresses in Singapore and has hired Samuel Seow Law Corporation to serve letters to them, demanding compensation. Internet service providers M1, StarHub and Singtel have been ordered by the High Court to turn over the identities of their subscribers who allegedly downloaded the film.

Mr Thomas Chia, director of independent film distributing company Lighthouse Pictures, said the move was a welcome one. “Piracy to me is like mugging of film-makers and everyone who works on a film in broad daylight,” he said. “Look at how piracy has affected the film industry — mum and pop video stores have gone under. What disturbs me is how so many people think it’s their birthright to download, and that there’s nothing wrong at all (with illegal downloading).”

However, film-maker Royston Tan, best known for box office successes 881 and 12 Lotus, said he was not in favour of legal action, because “it’s like severing a relationship with the audience”.

“The more you suppress it, the more people will find ways to get around this. They can change their IP addresses or use a VPN (Virtual Private Number),” said Mr Tan, adding that education was better than punishment.

Mr Ken Kwek, the director of Unlucky Plaza, which is set for release later this month, felt such a crackdown would probably result in people finding new means to get free movies. “I guard my work from script to screen, but once the film’s been released, especially on online platforms and digital formats, I know somebody’s going to pirate it,” he said. “Maybe I’m pessimistic, but I don’t think there’s anything you can really do to prevent piracy. It’s too big a thing.”

Mr Chia was also sceptical if legal action would be the silver bullet to end piracy. “It would depend on severity of the penalty. It has to bite for it to be effective,” he added. SERENE LIM



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Monday, January 10, 2011

Rules to be eased for foreign lawyers to practise corporate law

Rules to be eased for foreign lawyers to practise corporate law
By Tanya Fong | Posted: 10 January 2011 1732 hrs

SINGAPORE: A new Foreign Practitioner Certificate (FPC) will allow foreign lawyers to practise corporate law in Singapore, under proposed amendments to the Legal Profession Act introduced in Parliament by Law Minister K Shanmugam on Monday.

The new certificate will see a relaxation of the current policy which only accepts foreign lawyers with degrees from universities that are approved by the Attorney-General.

The Law Ministry says the FPC will allow Singapore to diversify legal talent in the commercial areas.

Currently more than 900 foreign lawyers are registered with the Attorney-General's Chambers to practise only foreign law, with about 3,500 lawyers in total practising law in Singapore.

Foreign lawyers who wish to obtain the FPC will have to pass a Foreign Practitioner Examination, to be run by the Singapore Institute of Legal Education.

The same goes for Singaporean corporate lawyers with overseas qualifications.

The institute, to be headed by former Attorney-General Professor Walter Woon, is expected to open before the end of the year.

- CNA/ir

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