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(1) Odex was a private company that provided Japanese anime programs to local television stations for broadcasting. It also distributed authorized copies of these programs to retailers for sale to the public. Odex alleged that with Internet piracy and the ease of obtaining DVD-quality movie files for free via P2P software, its sales of anime video titles had begun to drop significantly and that TV stations also bought fewer anime titles as they were allegedly losing viewership to illegal downloaders. (2) To address this problem, Odex engaged the services of BayTSP.com Incorporated (BayTSP), an American company, to collect and track instances of unauthorized uploading and downloading of copies of Japanese anime video titles. Through BayTSP, Odex discovered that there had been more than 474,000 unique downloads over an...

(1) The Singapore Paliament passed an anti-piracy amendment to the Copyright Act, which will enter into force at the end of August 2014, to allow right holders to apply directly to the courts for injunctions against Internet Service Providers to prevent users from accessing the so-called “pirate sites” without having to first establish ISPs’ liability for copyright infringement. The new bill provides copyright holders with an express lane to take down the content or block the hosting site within eight weeks, if the High Court signals a green light. (2) The so-called “pirated sites”, known in the proposal as “flagrantly infringing online location”, are to be assessed by the courts based on certain non-exhaustive factors, including (i) whether the online location’s primary purpose is to commit or facilitate copyright...

The Singapore Ministry of Law is proposing legislative amendments to allow right holders to apply directly to the courts for injunctions against Internet Service Providers to prevent users from accessing the so-called “pirate sites” without having to first establish ISPs’ liability for copyright infringement. The so-called “pirated sites”, known in the proposal as “egregious online locations”, are to be assessed by the courts based on certain non-exhaustive factors, including (1) whether the online location’s primary purpose is to commit or facilitate copyright infringement, (2) whether it makes available or contains directories, indexes or categories of the “means to commit copyright infringement”, (3) whether the owner of the location “demonstrates a disregard for copyright”, (4) whether the location has been...

Singapore introduced its first comprehensive data protection legislation in the form of the Personal Data Protection Act in 2012 (“PDPA”). The PDPA subjects all Singapore organizations as “data organizations” to various data protection obligations regarding the collection, processing and use of personal data. Data intermediaries however only have to observed a qualified set of data protection obligations. "Data intermediaries” are defined in the PDPA as “an organisation which processes personal data on behalf of another organisation but does not include an employee of that other organization.” An organization that qualifies as a “data intermediary” only has to observe limited obligations regarding use of reasonable security arrangements to protect personal data from unauthorized access and similar risks (PDPA section...