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omonatheydid
The court has gave out the final ruling on the lawsuit between the 3 members of Dong Bang Shin Ki and SM Entertainment.
Seoul Central Court revealed on 27th October a citation of their ruling for the lawsuit between the SM Entertainment and TVXQ Hero JaeJoong, Xiah JunSu and Micky YooChun.
It was revealed, “We see that part of the terms in their contract has much destroyed the good morals of the whole contract. SM Entertainment should not interfere with its singers’ independent unique activities and also contract to perform and other entertainment activities.”
Previously in July, the 3 members of Dong Bang Shin Ki has revealed their 13-year long contract under SM Entertainment, which meant that they will possibly be working under SM Entertainment for life, and has applied for the effect of provisional disposition of the terms in their contract. And the 2 parties have engaged in a lawsuit as SM Entertainment insist that the terms under their contract are reasonable.
The court also revealed, “Through the individual agreement, there is high possibility for group activities to continue, but for the provisional disposition of the existing activities and the profit allocation, it is invalid and difficult. We will have to dismiss the application for the full provisional disposition of the effects of the exclusive belonging terms in the contract.”
The court ruled partial disposition of the exclusive contract terms – to dispose of the SM Ent’s interference to the members’ independent unique activities and also contract to perform and other entertainment activities.
But the part about profit allocation will still have to stay.
The 3 members have announced that they will agree to the court rulings on this lawsuit.
Source: sookyeong
EDIT:
this the news that I read in soompi the courts in favor of the boys, and they stated that the boys should be able to be more independent (meaning they can reject schedules that SM proposes and can do their own businesses without interference) but not move companies (meaning all the boys will be under SM!) However! This is not a final decision, and the exact, absolute one will come out in the near future. I hope u are no longer confused
Source: SYC
EDIT 2: SM to appeal and release statement
Earlier this morning the court had issued a ruling that SM Entertainment cannot interfere with the individual activities of the three members of TVXQ: Hero Jaejoong, Micky Yoochun and Xiah Junsu. Basically, SM Entertainment can no longer claim full exclusivity on the three TVXQ members. However, the court was not able to make a decision on whether the contract is invalid at this point as there are way too many variables.
In response, SM Entertainment has revealed that they will immediately appeal the ruling. SME will also hold an official press conference to disclose the truth and their position regarding this matter, which was never revealed to the media previously.
This case however is not over yet and Sejong law firm who is representing TVXQ, will proceed to be compensated for damages as well as to have the contract deemed invalid.
With the recent developments of this case, many feel confident that TVXQ will be able to continue as a group.
Source: allkpop
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no subject
Date: 2009-10-27 11:45 am (UTC)someone mind to explain what this means?
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Date: 2009-10-27 11:46 am (UTC)(no subject)
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Date: 2009-10-27 11:45 am (UTC)no subject
Date: 2009-10-27 11:47 am (UTC)(no subject)
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Date: 2009-10-27 11:47 am (UTC)(no subject)
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Date: 2009-10-27 11:46 am (UTC)no subject
Date: 2009-10-27 11:47 am (UTC)no subject
Date: 2009-10-27 11:48 am (UTC)no subject
Date: 2009-10-27 11:50 am (UTC)SO IN SIMPLER TERMS THIS MEANS...WHAT?
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Date: 2009-10-27 11:53 am (UTC)no subject
Date: 2009-10-27 11:54 am (UTC)At least, they'll still be together and release music with SM. This is all good news.
no subject
Date: 2009-10-27 11:55 am (UTC):O
(no subject)
From:no subject
Date: 2009-10-27 11:55 am (UTC)But the part about profit allocation will still have to stay.
So...they still only get like 1% of the profits? =__="
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Date: 2009-10-27 11:55 am (UTC)i read this twice and this is the only thing i understand - which is, ridiculous D:
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Date: 2009-10-27 11:56 am (UTC)no subject
Date: 2009-10-27 11:56 am (UTC)The court says they're not going to be messing with the profit allocation crap, but they ARE making SM let Jaechunsu make their own money in other ventures. Which means that even though SM is paying them shit, they can still make more money doing outside business (CFs, various noodle enterprises, etc). Which it seems like that's sort of what the guys were aiming for -- when your steady job doesn't pay so well, you freelance around to get extra. They weren't allowed to do that before, but they are now.
That's what it looks like? I could be wrong.
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Date: 2009-10-27 11:56 am (UTC)(no subject)
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Date: 2009-10-27 11:57 am (UTC)no subject
Date: 2009-10-27 11:57 am (UTC)i don't really understand what the meaning of the news. =.=
bad news or good news?
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Date: 2009-10-27 12:28 pm (UTC)(no subject)
From:no subject
Date: 2009-10-27 12:00 pm (UTC)no subject
Date: 2009-10-27 12:00 pm (UTC)but now I think I don't get it? Is the resolution as simple as it seems? Is this... it?
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Date: 2009-10-27 12:03 pm (UTC)(no subject)
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Date: 2009-10-27 12:02 pm (UTC)no subject
Date: 2009-10-27 12:02 pm (UTC)no subject
Date: 2009-10-27 12:05 pm (UTC)(no subject)
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Date: 2009-10-27 12:04 pm (UTC)no subject
Date: 2009-10-27 12:14 pm (UTC)So, if they don't want to do Dream Concert (for example), they can say no and get a break from it all. i.e. a vacation?
(no subject)
From:no subject
Date: 2009-10-27 12:04 pm (UTC)Gonna wait for the final decision before I decide to wail or cry tears of joy.
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Date: 2009-10-27 12:05 pm (UTC)They keep their profits from the restaurant/gelato place/whatever but... didn't someone say they weren't going to work under SM again? :/
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Date: 2009-10-27 05:11 pm (UTC)(no subject)
From:no subject
Date: 2009-10-27 12:06 pm (UTC)i'm content :)
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Date: 2009-10-27 07:24 pm (UTC)(no subject)
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Date: 2009-10-27 12:06 pm (UTC)no subject
Date: 2009-10-27 02:16 pm (UTC)the fans may just end up buying more pho or gelato or crebreu ... *yipes*
(no subject)
From:no subject
Date: 2009-10-27 12:08 pm (UTC)no subject
Date: 2009-10-27 02:09 pm (UTC)-Don't get payed more
-Flexibility in schedules
-Can do their own thing outside SM
:)
(no subject)
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