111101 Toshiro Ono blogs: Signs of Progress in Ongoing Lawsuits between JYJ’s side & Avex/SM

[cc9095.livejournal.com]

Note: Toshiro Ono is a freelance nonfiction writer who writes mostly about the mafia and crime. Below is a translation of his blog entry that details actions taken by both sides of the CJeS and Avex lawsuit, as well as his thoughts on the reasoning behind those actions.

Signs of Progress

The below is from records of the trial between C-JeS Entertainment and Avex Management at Tokyo District Court. (Trial Material for Civil Section 29. 2011(ワ)No.17612, Plaintiff : C-JeS Entertainment, Defendant : Avex Management Document prepared by C-JeS Entertainment on Oct. 19, 2011)

The “attorney for the plaintiff” mentioned here means the attorney representing C-JeS in the trial at the Tokyo District Court.

“On Sept. 22, 2011 the attorney for the plaintiff [T/N: attorney for C-JeS in Japan] received a call from Attorney Jihye Shin who is representing JYJ in Korea saying “We received a request from SM for reconciliation for both the trial in Korea and Japan. However we find it difficult to understand their true motive in making this request.”

Recently in the lawsuit in Korea concerning the validity of the exclusive long term contract between management companies and artists, the Supreme Court ruled that long term contracts between management companies and artists are invalid, signifying there is a high chance that the Korean court will rule in JYJ’s favor in the lawsuit between SM and JYJ. It can be presumed that SM, because of this turn of events, decided that it would be better to resolve the lawsuits in both Korea and Japan at once by reconciliation. Also, the request made by SM to Attorney Shin assumes that the defendant [T/N: Avex Management] will follow SM’s instructions. Therefore it is easy to presume that the defendant is obstructing the management of JYJ in Japan out of concern for the wishes of SM.”

[rest omitted]

Source: Toshiro Ono’s Blog
Translation by: TheJYJFiles
Please do not add, alter, or remove the credits

Comments

[pekojan.livejournal.com]

wait, I thought there is a rule that we can't submit articles from JYJFiles?

[aifurikuri.livejournal.com]

I think they just translated it, but didn't write the article?

[pekojan.livejournal.com]

The rule applies to all stuffs from JYJFiles if I remember it right.

[cc9095.livejournal.com]

That's strange, since I saw it was also posted in JYJ3

[angela-derp-otp.livejournal.com]

you clearly don't remember it right then.

[pekojan.livejournal.com]

http://omonatheydidnt.livejournal.com/5943807.html#comments read it by yourself then we will talk

[angela-derp-otp.livejournal.com]

ok mom!

[walnuuut.livejournal.com]

lolol

[laeryn.livejournal.com]

Why would it apply to stuff that isn't written by them and just translated, though?

[iheartomntd.livejournal.com]

nope. only if the original source was directly from JYJfiles. Since the source is from Toshiro Ono and is only translated by JYJ files and other websites, I'm pretty sure it's allowable. It wouldn't have been approved if it wasn't

[pekojan.livejournal.com]

hmm the mod!post didn't say that

http://omonatheydidnt.livejournal.com/5943807.html#comments


basically it means they ban everything which has JYJfiles in the credit

[angela-derp-otp.livejournal.com]

LOL OMG, so much pressage in your comment livejournal is gong to need a dedicated server just to host it gurl.

[pekojan.livejournal.com]

don't need to be that bitter dear

[angela-derp-otp.livejournal.com]

LOL

[shikinluv.livejournal.com]

He's right. It's easy to make assumptions.

What would reconciliation entail anyway?

[evivante.livejournal.com]

....I still don't get it =/

[suzieeq-luv.livejournal.com]

I read about possibility of settlement, but whatever.
Someone either needs to pay the other off or end this crap.

JYJ aren't going back that's the only for sure at this point.

[aifurikuri.livejournal.com]

It's been two years. This case should be over by now.

[cc9095.livejournal.com]

If everything was that easy...

[thetaintedblade.livejournal.com]

this. i didnt think this would go on for SOOO long.

[iheartomntd.livejournal.com]

lawsuits can take 5, 10, or more years, especially if both parties can't or won't come into an agreement. 2 years isn't long for a lawsuit unless a party decided to settle

[aj-123.livejournal.com]

oh how I wish

[the-erotomanic.livejournal.com]

oh, so for them this is progress?

honestly, i think the judge would rather they fix this problem within themselves and have a settlement rather than battle it out in court.

[ashiva.livejournal.com]

Honestly I don't think JYJ should settle 'cause SM isn't really a company whose word you can trust - They might stop blocking them for a short time and then just continue. Hangeng being in China where SM cannot block him was in so much better situation. So JYJ might end up much worse (getting much less money and still be blocked) if they settle compared to waiting for the court decision. Plus I do hope that SM would need to change the ways they treat their artists, and possibly pay back also for other artists they have screwed over with shady accounting.

[baka-tenshi.livejournal.com]

so it's still going on? jesus. :(

[asnindie.livejournal.com]

If only one side stopped being a Psycho butthurt ex girlfriend this would have been solved ages ago.

[saphbluedreams.livejournal.com]

Very well put

[angela-derp-otp.livejournal.com]

the sky is blue, pekojan is pressed, the lawsuit is still unresolved.

Nothing new tbqh :(

[cc9095.livejournal.com]

it doesn't rhythms

[angela-derp-otp.livejournal.com]

so?

[cc9095.livejournal.com]

Just saying =)

[fassavoy.livejournal.com]

lol speak for yourself.

[angela-derp-otp.livejournal.com]

u dont make sense tbqh

[aj-123.livejournal.com]

what else is new her ass is always pressed

[laeryn.livejournal.com]

I think they still have to settle how much SM should pay JYJ, or something like that? And SM keeps dragging everything and this is lasting forever? I may be wrong, though, I'm still at a loss half of the time when it comes to this lawsuit.

[laeryn.livejournal.com]

Tbh, they have already been told that they cannot interfere with JYJ activities (and aren't there fines if they do so?), yet they keep doing it, so I'm not sure of what makes people think that it will actually stop. Yeah, broadcasting stations won't have the lawsuit as an excuse, but they can perfectly fine another one. I'm not sure I mind either,as long as they keep doing well as they are now. I'd love to see them on some variety shows, though.

And yeah, it is going to take forever, I think ;__;

[saphbluedreams.livejournal.com]

What the hell did they do with the money? You cam only buy so many hookers and drugs.

[orenji13.livejournal.com]

A ranch in the USA

[orenji13.livejournal.com]

The only thing left is the monetary settlement. From the last hearing, it was found out that SME never give dbsk the $US50k that they promise if Mirotic sells > 500k because they stop counting at 460k -___-
Also, the jyj boys (I am not talking about HM because we don't know it) hasn't got their share from the mirotic concert.
And.. SME still claim that JYJ owned them money from breaching out from contract that the court has been nullified.
It's a lost battle for SME, the only thing why they prolong the process is so they have a ground to ban and interfering jyj works

[yukahoo.livejournal.com]

C-JeS always kinda makes me facepalm. If SM wants to settle, then do it swiftly and quietly. Squeeze out all the money you can and be done with it. Don't put out childish, passive aggressive statements along the lines of "nah-nah-nah!" AND call Avex a lapdog in the process. As gratifying as it may be for them, it does nothing to further their cause.

But can anyone fill me in about this: the Supreme Court ruled that long term contracts between management companies and artists are invalid. Sounds radical. Have all longterm contracts in SK now been voided? Were there a lot of artists who saw their contracts disappear due to this?

[bolingi-aii.livejournal.com]

I assume they want things to be settled the right way, SMent wants to fake a settlement so they can continue to drag things along. Its better to fight it through till the end and receive a clear cut decision. You can't squeeze money out of Sment through their own terms, they didnt even pay JYJ what they were supposed to, what makes you think they would settle this fairly if it were taken out of the court's hands?

Cjes is doing their best and they've always released leveled headed and direct statements. They don't beat around the bush and they speak to the core of the issue. I don't know why people try to down them so much.

[yukahoo.livejournal.com]

Well it's a difference of a point of view then I guess. You think SM can operate above the law while I don't believe that. I have no idea what SM is supposed to pay JYJ, so I can't comment on that. Just keep in mind that SM is a publicly traded company. They get audited regularly, by KPMG I think.

As for J-CeS's rhetoric. I guess, once again, it's a difference of sensitivities. Granted, it's hard to tell when judging on awkward translations, but as it written here, it definitely comes off petulant to me. In cultures that value pride so much, if I were Avex in Japan or KBS in Korea, I wouldn't want to be seen as "giving in" to them, hell I might just drag the battle on a little longer just for the spite of it. J-CeS is a much smaller player than its rivals. I can see that they're going all out and burning the bridges on their way, but... I just fear that in the end the cards won't fall in their favor after all.

[bolingi-aii.livejournal.com]

What kind of ethic is that for a major company to have? SMnet has shown its ass millions of times through this lawsuit and they've shown themselves to be the petulant ones. While being the underdog, I admire CJes for not laying flat and allowing Avex/SMent to run a muck with no criticism, they speak up when they need to.

SMent thinks they're above the law, thats the only problem here.

[ari-meh.livejournal.com]

and it goes on and on and on and on and on....

[aaalove.livejournal.com]

Um...a little confused cuz law talk always goes in circles...so...this means that SM wants to settle it outside of court with JYJ?

[bolingi-aii.livejournal.com]

Never trust a snake. If Sment can't behave themselves within the restraints of the courts, what makes anyone think they wouldn't try to cheap JYJ if they were to settle out of court? JYJ would probably never receive the settlement. Cjes is smart in voicing its suspicions to the public, Sment can't be trusted and people should realize that.

[fayoochun.livejournal.com]

this!