VZCZCXRO1676
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHGP #1736/01 2620832
ZNR UUUUU ZZH
R 190832Z SEP 07
FM AMEMBASSY SINGAPORE
TO RUEHC/SECSTATE WASHDC 4030
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 2621
RUEHUL/AMEMBASSY SEOUL 4084
RUEHKO/AMEMBASSY TOKYO 5679
RUEHHK/AMCONSUL HONG KONG 6252
RUEHIN/AIT TAIPEI 6417
RUCPDOC/DEPT OF COMMERCE WASHDC

UNCLAS SECTION 01 OF 02 SINGAPORE 001736 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
 
STATE PASS TO USTR FOR AUSTR WEISEL, DAUSTR BELL, AND 
TBOLLYKY 
COPYRIGHT OFFICE FOR MPOOR 
 
E.O. 12958: N/A 
TAGS: KIPR ECPS EINT ECON ETRD EINV SN
SUBJECT: LEGAL THREATS AGAINST DOWNLOADERS PROVOKE ANIMATED 
RESPONSE 
 
¶1.  (U) Summary:  Recent events involving local anime 
(Japanese animation) distributor Odex highlight that 
Singapore is still struggling with certain facets of 
promoting and protecting intellectual property rights (IPR). 
Following a difficult enforcement campaign, Odex announced 
September 5 it would not take action against Internet users 
it had accused of illegally downloading copyrighted material. 
 Odex's decision came after a judge on August 23 did not 
compel Internet service provider (ISP) Pacific Internet 
(PacNet) to release the names of subscribers suspected of 
illicit downloading.  Different judges had previously ruled 
that two other Singaporean ISPs must turn over lists of 
subscribers to Odex.  End summary. 
 
Background 
---------- 
 
¶2.  (U) Singapore prides itself on having an IP enforcement 
regime that is arguably the strongest in the region, and it 
acknowledges the role its commitments under the 
U.S.-Singapore Free Trade Agreement have played in this 
process.  The government runs a highly visible campaign that 
urges young people to "honor intellectual property," and 
overall physical piracy rates are dropping.  However, file 
sharing via the Internet and other electronic means is 
rising, according to industry representatives. 
 
Tokyo, We Have a Problem 
------------------------ 
 
¶3.  (U) Odex conducted a six-month monitoring program in 2006 
that uncovered more that 400,000 instances of illegal anime 
downloads in Singapore, CEO Stephen Sing told us recently. 
After reviewing the results of the study, an industry group 
comprised of Japanese anime companies authorized Odex to take 
action on behalf of its members, he said.  In May 2007, Odex 
filed applications asking the Singapore court to compel the 
country's three ISPs -- Pacific Internet (PacNet), Singapore 
Telecommunications (SingNet), and StarHub -- to reveal the 
names of subscribers that Odex believed were involved in 
illegal downloading. 
 
A Surprise in Mailbox 
--------------------- 
 
¶4.  (SBU) The SingNet and StarHub cases concluded quickly in 
favor of Odex.  The company began sending out letters that 
contained an offer to settle out of court for sums ranging 
from S$3000 to S$5000 (US$2000 to US$3300).  Approximately 40 
percent of letter recipients, or their parents, had already 
complied with the terms of the letter, according to Sing. 
Odex used all monies collected to defray associated 
administrative costs.  Sing asserted that neither Odex nor 
the companies it represented had profited from the campaign. 
 
PacNet--Odd Man Out 
------------------- 
 
¶5.  (SBU) Unlike the SingNet and Starhub cases, the PacNet 
case did not conclude for several months, and the judge 
eventually ruled against Odex.  He questioned whether Odex 
was the correct party to act on behalf of the rights holders. 
 Odex's attorney said he was surprised by the judge's 
reasoning, in particular because PacNet had not raised this 
issue during the hearing.  Furthermore, both SingNet and 
StarHub had pursued this line of defense, which was rejected 
by two other judges.  Odex's attorney speculated that 
backlash after the first rulings might have affected the 
judge's decision in the PacNet case. 
 
Revenge of the Nerds 
-------------------- 
 
¶6.  (U) Odex's actions went relatively unnoticed by the 
general public until Sing made statements online in early 
August to the effect that suing people was consuming all of 
his time.  His comments roiled the anime community, which up 
to that point had limited its reaction to chat room rants and 
relatively benign anonymous e-mails, according to Sing. 
After Sing's comments, the attacks turned personal. 
 
SINGAPORE 00001736  002 OF 002 
 
 
Detractors began posting pictures of him and his wife and 
issuing death threats.  Sing turned to the police, and the 
local media began covering the story in depth. 
 
Trial by Press 
-------------- 
 
¶7.  (SBU) A Straits Times (ST) newspaper columnist recently 
penned several articles that appear to favor the downloaders. 
 (Note: ST is owned by Singapore Press Holdings, a private 
company with close ties to the government.  End note.)  The 
writer at first questioned whether the "fair use" provision 
of Singapore's Copyright Act might exonerate the accused.  A 
regional representative of the International Federation of 
the Phonographic Industry (IFPI) described this line of 
defense as "ridiculous."  The ST columnist then changed 
tactics and wrote two articles suggesting that privacy should 
take precedence over "narrow interests", i.e., intellectual 
property rights.  Odex's attorney called the articles "very 
irresponsible," and questioned ST's decision not to publish 
any of the counter-arguments Odex and AVPAS had submitted to 
the newspaper. 
 
Comment 
------- 
 
¶8.  (SBU) The GOS has been known to use Singapore's tightly 
controlled press to address problems and gauge public 
interest before announcing policy decisions via a carefully 
orchestrated outreach.  The reluctance of its media to run 
articles fully debating the downloading issue suggests 
ambivalence in certain quarters about how far IPR enforcement 
against individual users should extend.  We will closely 
monitor whether the recent ST articles translate into 
backpedaling on Singapore's enforcement of its IPR 
commitments under the FTA. 
 
Visit Embassy Singapore's Classified website: 
http://www.state.sgov.gov/p/eap/singapore/ind ex.cfm 
HERBOLD