Army captain dies in race.. Second such fatality this year..

Juz last month.. Captain Ho Si Qiu finished a creditable 23rd out of 1369 runners at the 10km Saucony-100Plus Passion Run here..

Yest morning.. The 25 yrs old platoon commander from the OCS took on a bigger challenge - the 21km Singapore Bay Run.. Also known as the Safra Sheares Bridge Run or Army Half Marathon 2007..

But as he crossed the finishing line at 7am.. Abt one and a half hours after the race started.. CPT Ho collapsed and stopped breathing..

Medics attended to him within 30 secs.. At the medical post.. An intubation was performed and cardiopulmonary resuscitation or CPR.. Was carried out immediately.. But no heart rhythm was detected..

CPT Ho failed to respond and was sent to the SGH.. He was pronounced dead at 0807hrs..

Police have classified the case as unnatural death and are investigating..

CPT Ho's death is the second sudden death from running this year - the first athlete who died was 17 yrs old Thaddeus Cheong in June.. Juz after crossing the finishing line at a national triathlon selection trial for this yr's SEA Games..

Organizers of yest's run.. Which is into its 16th yr.. Said measures were in place to ensure the safety of the record 70,000 participants.. An increase of 5000 from last year.. There were 13 medic points set up and over 100 medical personnel deployed..

Said a spokesman for Safra: "During registration.. We advised participants to hydrate during race day.. Give their bodies adequate recovery time during training.. Give the bodies a complete rest before the actual race and take fluids at each of our water points.. "They were also advised not to take part if they feel unwell.."

Dr Vivian Balakrishnan.. The Community Development.. Youth and Sports Minister.. Who participated in the run.. Along with Defence Minister Teo Chee Hean said last night he was saddened by CPT Ho's death..

But he felt that the organizers had taken all possible safety measures..

Said Dr Balakrishnan: "As I was running.. I noticed there were many ambulances.. Medical teams and medical equipment.. This was one event in which the SAF.. I believe.. Made every effort to ensure medical cover was present.. Was available and was able to move into action immediately..

"At the finish line.. CPT Ho was treated by a full medical team inclusive of a doctor.. So.. At this time.. It appears that what measures that could be taken.. Were alreadi taken.."

This latest casualty comes at a time when the National Sports Safety Committee is due to release its report to the Singapore Sports Council (SSC)..

The 12-member committee is finetuning the report to ensure all areas of safety are covered and best measures are implemented..

Mr Balakrishnan's ministry is also studying a preliminary report submitted by the National Sports Safety Committee.. And is discussing the findings with relevant sports associations..

Unfortunately.. Being a regular in SAF is not as simple as performing duties on their part.. Juz wanna be honest.. On surface they alwayz said if not feeling well dun take part.. But did they ever know how many NSFs had been forced to take part in the half marathon.. Juz try ask ard and u will know.. If dun go.. Probably they will be issued with "threats"..

Juz as they speak abt transparency.. I reali wonder how transparent SAF is.. And juz how realistic the government is too.. U know all these events like half marathon etc plays a part in individual's assessment for promotion.. Same goes for Individual Physical Proficiency Test (IPPT).. If u juz get a miserable pass.. Out u go.. Of cuz the final criteria still lies within the Current Expected Potential (CEP) being assessed even before one join the civil service.. Juz imagine all these little stuffs contribution to individual's assessment.. If I'm a regular like CPT Ho.. I will probably participate in the run even if I'm unwilling to.. Or even worse.. If I'm unwell.. Why? Cuz the world is realistic..

I know I can't touch ur heart now..
So it doesn't matter which kind of luv if I can stay with ya..
Cuz I knw the separated ones go beyond time & space & get together..
Becuz of ya, I will keep waiting becuz of ya..
This is the tot that fills my heart now..
I will always like & luv ya..

*I feel so xing fu with her*

*MerQu|s3*^^ aka *yeKai*^^

Anime in court: 2 ISPs, 2 different outcomes!!

Judge's ruling in favour of Pacnet against Odex only throws up more qns..


It was a case of third time unlucky for Odex in its application to court for a discovery order to find out the names of subscribers who had allegedly downloaded copyright infringing anime off the Internet..

After successfully obtaining such orders against Singnet and Starhub.. Its similar application against Pacnet failed last week..

Since similar information was sought in presumably similar circumstances against all three ISPs.. The natural qns that arises is why Pacnet succeeded where Singnet and Starhub had failed.. More imptly the decision throws up more qns abt the alreadi controversial saga..

District Judge Ernest Lau.. Who decided the Pacnet case.. Explained that the issues raised in Pacnet case were nvr fully argued in the Starhub case.. What he said abt the Singnet case was however more troubling: "For the Singnet case.. The orders were made by consent."

This means that Singnet did not even argue against Odex's application for subscriber info.. The ISP did not even instruct its lawyers to attend the court hearing of Odex's application..

The Telecommunications Competition Code (TCC) prohibits unauthorised release of subscriber info by ISPs.. Although TCC provision may be tramped by a court order.. Should Singnet not have argued against Odex's application rather than consent to it?

If ISP does not argue for its subscribers' rights to privacy.. Who will?

Without a voice in court.. The prohibition in the TCC becums effectively an empty promise.. One also wonders whether Singnet has acted in breach of the spirit of the TCC provision and if so.. Whether punitive measures are warranted..

So what were the arguments that Pacnet raised which the other ISPs had not?

Essentially.. Pacnet challenged both Odex's right to make the copyright infringement claims and the reliability of Odex's tracing of copyright infringers..

The challenge to Odex's claim was largely successfully becuz Odex was not the copyright owner or exclusive licensee of all but one anime video titled Mobile Suit Gundam Seed.. For all the rest.. It was a mere sub-licensee and therefore not entitled to pursue claims for copyright infringement - only copyright owners or exclusive licensees may do so..

Accordingly.. The court held that Odex had "no civil right of action under the Copyright Act against the persons whom the identities were sought"..

Copyright infringers should however bear in mind that even though Odex may not have the right to pursue such claims.. The actual copyright owners or exclusive licensees would have such a right..

It was reported that Odex might appeal against the Pacnet decision.. But what abt the enforcement action that Odex has alreadi taken? Should it desist from further pursuing any claims unless it manages to get the Pacnet decision reversed?

What abt the funds that Odex has collected in settlement of its supposed claims? Is Odex obliged to return those funds if the Pacnet decision is not overturned on appeal?

This brings to the fore another aspect of the Odex case - that the Odex letters of demand to subsribers were apparently not sent by lawyers but by Odex itself..

Letters of demand sent by lawyers are subject to rules on legal conduct.. For example.. A lawyer may not "demand anything other than that recoverable by due process of law"..

Should such provisions be made broader so as to embrace letters of demand sent by persons such as Odex as well?

Otherwise.. A client sending out letter of demand himself - even after procuring legal advice - may easily circumvent them..

Another interesting snippet from the decision of District Judge Lau concerns the costs incurred by Odex in tracing the copyright infringers.. Odex engaged an American company BayTSP to track the copyright infringers.. Odex's Peter Go had quoted an article in his affidavit.. Which highlighted the low cost of BayTSP's services - tracing up to 100 files for only $12 per mth.. With setup fee of $25 for 100 images..

In a notice that has been put up on its website.. Odex stated that "many of those who received Odex's letter have settled the matter.. The average amount of compensation paid by those who have settled is abt $3k to $5k.. And yet in a letter issued to the media last week.. Odex had said the total amount it has recovered so far "has not covered even 20 per cent of Odex's enforcement costs"..

The revelation of BayTSP's low costs heightens the mystery surrounding Odex's "enforcement costs" and revives the qns of whether the quantum of the sums demanded by Odex to settle its claims against copyright infringers is excessive..

In the fog of all the negative perceptions generated by Odex's pursuit of copyright infringers.. It should not be forgotten that copyright infringement is illegal and offenders run the risk of civil and criminal penalties..

But the Odex case has highlighed that all parties involved must pay more than lip service to the due process if the law..

I know I can't touch ur heart now..
So it doesn't matter which kind of luv if I can stay with ya..
Cuz I knw the separated ones go beyond time & space & get together..
Becuz of ya, I will keep waiting becuz of ya..
This is the tot that fills my heart now..
I will always like & luv ya..

*I feel so xing fu with her*

*MerQu|s3*^^ aka *yeKai*^^

Anime case: Odex had 'no right of civil action'..

Company was only a sub-licensee for titles.. Says judge's ruling..


ANIME distributor Odex had "no right of civil action" against illegal downloaders becuz it was just a sub-licensee - not the copyright owner or exclusive licensee - for most of the anime titles sold here..

That was the rationale behind the court's surprise dismissal of Odex's bid to get Pacnet to disclose its customers' identities.. The judge's 13-page grounds of decision was released to the media on Fri..

Nothing that the firm was also in no position to initiate criminal prosecution.. District Judge Earnest Lau - who on Thurs ordered Odex to pay legal costs of more than $7k - expressed unease over the hasty manner in which Odex tried to go after some 1000 Pacnet subscribers..

In particular.. He was unconvinced of the investigation method it used to uncover the IP addresses and pinpoint the alleged wrongdoers..

Industry observers had expected the court to rule in Odex's favour - esp after it had successfully forced two other ISP Starhub and Singnet - to hand over the data of those suspected of illegal downloading..

Nothing that Singnet did not engage lawyers to resist Odex's application.. Judge Lau raised several issues that he felt "were never fully argued before the court" in the hearing involving Starhub which was handled by a different judge..

Out of the 13 letters that Odex produced to support its claims that it was authorised to go after the illegal downloaders.. Only three parties - all distributors themselves - had "directly appointed" Odex to act for them.. The other 10 letters had authorised the Anti-Video Piracy Association (Singapore) to do so.. Judge Lau pointed out..

In its letters of demand.. Odex is asking for $3k to $5k compensation and also hinted of criminal prosecution should the subscriber refuse to pay up..

But the judge said under the Copyright Act.. "Only the copyright owner and the statutory exclusive licensee have the right to take action against copyright infringers"..

Odex appeared to be the exclusive licensee for just one title.. Mobile Suit Gundam Seed.. The judge added.. Even then.. The Act only gives the exclusive licensee the right to take civil action against the infringer..

For criminal prosecution.. The complaints must be brought about by the Attorney-General's Chambers or "the person aggrieved by the offence"..

Judge Lau said he "could not justify" compelling Pacnet to release the data unless Odex had an "extremely strong prima facie case" against the wrongdoers..

In this regard.. The evidence provided by Odex was found wanting.. Said the judge..

Last year.. Odex engaged BayTSP - an Internet investigation firm in the United States - to provide an online tracking solution to track down and collect details of unauthorised uploading and downloading of anime via BitTorrent.. A peer-to-peer online file sharing platform..

But the judge said Odex director Peter Go - who filed the affidavit - had "no proof" that his firm had engaged the services of BayTSP in this matter.. And neither did BayTSP give evidence in favour of Odex..

Peter Go merely provided articles and FAQ information on BayTSP's website on the services it provides..

Adding that he was "uncomfortable" with the "expediency by which (Odex) approached this case".. The judge said: "This is an application that will impact potentially thousands of persons.. The alleged breach of copyright is inferred from how the BitTorrent protocol works.. It is not sufficient for (Odex) to adduce website information before a court of law or for (Peter Go) to explain the mechanics.."

Even though Odex lost the case.. Judge Lau said: "If a clear case of infringement is proven.. Copyright owners and their exclusive licensees can expect pre-action assistance from the Court subject to the principles laid out (in the judgement).."

Nominated Member of Parliament and lawyer Siew Kum Hong said Judge Lau's judgement "seems to set a high bar" for such applications..

"Very often.. Including in the media.. There is insufficient recognition of people's rights.. Or even the rights of the infringers.. The judge put in a lot of effort and took pains to consider that.."

When contacted.. Peter Go said Odex would be appealing against the judgement..

I know I can't touch ur heart now..
So it doesn't matter which kind of luv if I can stay with ya..
Cuz I knw the separated ones go beyond time & space & get together..
Becuz of ya, I will keep waiting becuz of ya..
This is the tot that fills my heart now..
I will always like & luv ya..

*I feel so xing fu with her*

*MerQu|s3*^^ aka *yeKai*^^

Odex loses case against PacNet!!

ISP need not reveal names of alleged anime freeloaders..

In a surprise ruling that throws a new twist into the ongoing Odex saga.. A court has ruled that Pacnet does not have to release the names of its subscribers accused of ripping content from the anime distributor..

The decision has raised some eyebrows because two other ISPs - Singnet and Starhub - had earlier been ordered to reveal the identities of their subscribers accused of a similar violation..

In a closed-door hearing at the Subordinate Courts yesterday.. District Judge Ernest Lau ruled that Pacnet did not have to give up the names of about 1000 subscribers who were accused of illegally downloading Odex's anime - Japanese cartoon and animation - series..

It was not clear if Odex would appeal against Mr Lau's decision.. Odex co-director Peter Go did not return telephone calls..

The judgment surprised observers and those who were served letters of demand by Odex..

"You're kidding!!" said lawyer Siew Kum Hong.. "You would expect the outcome of the three cases to be the same.."

The Nominated Member of Parliament added: "Starhub and Singnet users are now likely to start asking qns.. And we can also expect Odex to appeal.."

Starhub spokeswoman Jeannie Ong said the company was assessing its options.. "We dun know the specific situation under which the judge in Pacnet's appeal ruled in their favour.. It was a different judge handling their case.." she said..

A Singnet spokesman told Today that the telco had provided Odex with the names only after the firm produced a court order "and served it on us"..

Since May.. Odex has been cracking down on freeloaders and was successful in getting Singnet and Starhub to reveal the identities of customers who downloaded its anime illegally..

The company which is the main anime distributor here.. Subsequently served legal letters on the freeloaders - many of them teenagers - reportedly demanding payments of between $3k and $5k..

While the law appeared to be on Odex's side.. The company's tough action has angered some users.. Its other director.. Stephen Sing.. Has reportedly received death threats from angry anime fans..

There were also criticisms from observers that Odex's monetary demand from the freeloaders was excessive.. But in a letter to the media.. Odex said that the settlements it is seeking are not for damages.. But "reimbursement" of expenses incurred "in pursuing these enforcement matters"..

Meanwhile.. An Indonesian woman.. Whose teenage nephew was issued a letter by Odex to pay a sum of up to $5k is meeting Odex representatives today..

"I have spoken to several lawyers who have all asked me to pay the money and settle the case.." she said.. "The qns now is "how much" becuz $5k is too much.."

I know I can't touch ur heart now..
So it doesn't matter which kind of luv if I can stay with ya..
Cuz I knw the separated ones go beyond time & space & get together..
Becuz of ya, I will keep waiting becuz of ya..
This is the tot that fills my heart now..
I will always like & luv ya..

*I feel so xing fu with her*

*MerQu|s3*^^ aka *yeKai*^^

Damn nice rite? A 3D painting roxs.. Imagine tis painting in the middle of Orchard.. Haha.. I like tat see also can feel tat thrill and fear of falling off the edges of the cliff.. Haha.. I knw it's lame lah.. But can reali feel it de mah.. Keke.. =p




And tis pic reali best loh.. Hahaha.. Damn lame loh.. But I tink it's kinda funni lah.. Where to hide it.. Haha.. Quite obvious rite.. LoLz..

I know I can't touch ur heart now..
So it doesn't matter which kind of luv if I can stay with ya..
Cuz I knw the separated ones go beyond time & space & get together..
Becuz of ya, I will keep waiting becuz of ya..
This is the tot that fills my heart now..
I will always like & luv ya..

*I feel so xing fu with her*

*MerQu|s3*^^ aka *yeKai*^^

Anime downloads: Grey areas!!

It is appalling to learn tat customers' information can now be disclosed by SG's Internet Service Provider (ISP).. Tis is a breach of individual's right of privacy and with such a precedent in place.. Tis has paved a way for future lucrative business opportunities whereby companies juz issue fines instead of sticking to their original trades..

The recent attempt by SG distributor Odex to halt illegal downloads of Japanese animation raises many hard qns which need to be answered.. Japan distributors also granted Odex some 'Care' rights of various anime titles which is both under and not under their distribution rights.. One of such is Bleach..

First and foremost.. It was reported tat Odex had sought the identities of 1000 subscribers from each ISP (Singnet.. Starhub.. Pacific net..) Based on the reported compensation of btwn $3k and $5k per person.. Tis would net Odex sumting btwn $9 million and $15 million.. This raises the first qns.. Is tis sum to compensate royalties.. Investigation costs or administrative charges? Is it also Odex's prerogative to impose a 10 percent interest rate on instalment arrangements for people - often minors - who cannot afford such payment? Seems like it is much more rewarding to continue fining offenders than promoting their anime vcds or dvds..

Second.. Does Odex feel tat by fining those offenders den these offenders will buy items frm Odex? They probably wun at all.. So now instead of drawing customers to Odex's items.. Odex is as gd as chasing its potential clients away.. On top of tat.. Let's juz establish an example.. If they are 20000 ppl downloading anime.. 5000 out of the 20000 ppl were caught and fined.. Of cuz tis will act as a deterrent to the rest.. Yes they will stop downloading.. But tis wun turn them towards Odex's items either.. In reality these 15000 ppl will start to hate Odex instead.. And start to boycott their items juz like NTU students..

Third.. Odex is not the sole distributor of all Japanese animation in SG.. Poh Kim and Blue Max also license popular series such as Bleach and Naruto respectively.. While some titles remain completely unlicensed.. Why are they unlicensed? Becuz these unlicensed titles aren't tat popular.. In other words.. Distributors targeted popular anime and licensed them in order to exploit profit from it..

Unfortunately.. There is no way for average internet user to knw which series come under Odex.. Its website is perennially under construction and the only unofficial list is one compiled by netizens on Wikipedia.. How can Singaporeans respect Odex's copyrights when they do not even knw wat Odex has rights over?

In addition.. An extensive list of licensed Japanese animation can be found on website of Anti-Video Piracy Association Singapore.. Or extensively known as Avpas.. However.. It appears frm visits to local shop ard SG tat most of these series are simply not.. If ever.. Released for sale.. A reasonable production time-lag is acceptable.. But when the wait is four yrs and counting.. Tis business practice becums rather dubious.. With such few releases.. Wat are the consumers expected to do? Cum on loh.. Consumers wun be waiting tat long juz for its release..

Not to mention.. The quality of the releases are utterly disappointing.. Dun even bother to start with the packaging.. The subbing is of a quality which consumer dun expect frm a professional product.. And it's for sure that in SG.. Companies themselves download fansubs as a reference to their own subbing.. I wonder whether Peter.. Boss of Odex.. Need to pay the fine as well? Cuz he does Subs for his products from FanSubs.. If he dun obey the law.. Who will.. How's tat for professionalism?

Lastly.. Odex explained tat it was compelled to take further action when rampant downloading persisted even after Odex sent letters to 17 illegal downloaders in May tis yr.. Does tis mean tat those who heeded the warning will not be penalized if they stopped promptly from May?

It is imperative tat these issues are addressed if SG wishes to remain a clear.. Transparent and intellectual property-abiding nation..

Though the law must be respected but it should nvr be exploited by the likes of so-called law enforcer wannabes!!

I know I can't touch ur heart now..
So it doesn't matter which kind of luv if I can stay with ya..
Cuz I knw the separated ones go beyond time & space & get together..
Becuz of ya, I will keep waiting becuz of ya..
This is the tot that fills my heart now..
I will always like & luv ya..

*I feel so xing fu with her*

*MerQu|s3*^^ aka *yeKai*^^

I went to catch Jay's new movie Secret.. Starring Xiaojie.. Xiaoyu.. Sky.. And other ppl like the rugby players (They sibei funny one loh.. Haha..) And discipline master (Anthony Huang Qiu Sheng).. I tink overall it's nice.. At least to me.. Funny at times.. Sad at times.. Shocking at times.. Nice animation at times.. Though in reality such thing dun reali happen.. But sometimes u will wish that why not it juz happen to me.. Sometimes it's not a bad thing to hope for such miracle also.. Den ur life will be much more exciting mah.. Ppl who lurve piano will lurve this show.. U will have an urge to pick up piano.. Haha..

I was hoping to hear the song by Jay somewhere in the movie.. But only managed to catch it only at the end.. Kinda disappointing though.. Nvrtheless it's a gd movie.. *Thumbs up* Hope u guys will go to watch it.. The ending is veri qiang.. Cuz I will nvr expect Jay to be so brave.. Sacrificial is necessary.. But does that person reali deserve one's sacrifice.. And Jay make his choice to forsake the present.. I guess not many can make such brave decision in their life.. Haha..

No more spoilers le lah.. Juz go watch it.. It's a 100 mins movie.. But I feel like being in there for duno how long loh.. My arse was painful loh.. Oops!! =X Haha.. Rem to bring someone u like to watch it.. Pray hard that they will cried and lean on ur shoulders!! Muwahahaha.. That's Kakashi's number 9 ninjutsu.. Heeee.. =p Ok lah joking lah!! But it will be gd if u bring ur bf or gf to watch it.. So that they will learn to cherish u more.. And not take each other for granted.. That is wat I feel an individual can learn from the movie itself.. Quite educational rite? Haha.. >.<~ And Rush Hour 3 is nice too.. I din watch it yet.. But I heard from others.. So dun whack me if u think tat it's not nice..

I know I can't touch ur heart now..
So it doesn't matter which kind of luv if I can stay with ya..
Cuz I knw the separated ones go beyond time & space & get together..
Becuz of ya, I will keep waiting becuz of ya..
This is the tot that fills my heart now..
I will always like & luv ya..

*I feel so xing fu with her*

*MerQu|s3*^^ aka *yeKai*^^

Still rem Superband Champion Mi Lu Bing? I seriously tink that their new album rocks!! Quite a number of nice songs.. Maybe u guys should go listen to it.. I lurve their yong qi.. Liang Jing Ru's Yong Qi.. But I rem Step told me tat this song sang by them suxs.. But I tink it's nice.. Haha.. =) Anyway a few more songs like Tian Shi Juan Lian (天使眷恋) and Lei (泪) are damn nice.. If possible I will upload them..

I juz can't believe I will reveile at 4+ in the early morning and send my frenz off.. Actuali after sending my frenz off yest at airport.. I suddenly juz realized that actuali how much u missed someone is actuali depends on how much they meant to u.. And how much they took up in ur heart.. Hmmx.. I knw it's oni for juz 12 days.. But yet somehow I was like reluctant.. I guess tat happened when Joa and Step left too..

Actuali there's this breaking news circulating within NTU itself.. I do not knw the integrity of it.. But betta be safe than sorri.. Ok I shall begin by saying.. Juz last week there are these 3 NTU undergrads.. 2 guys and a gal.. They were jogging ard NTU I tink.. And we all knw that guys' stamina is much much betta than gal.. So that 2 guys jog further ahead.. Leaving that gal behind.. And this gal was being dragged away by 2 bangla.. And she was raped by them.. When she was dragged to the construction site.. There are another 10 of them waiting for their turns.. I mean 2 of them alreadi damn damn bad liao loh.. And another 10 is waiting.. This is reali a bad trauma.. That 2 guys reali will live in guilt for the rest of their life loh.. And we knw NTU will nvr publicize such news.. Cuz of reputation.. And no one will ever stay in NTU hostel again.. Juz a reminder to those reading.. Esp guys.. Nvr nvr ever leave ur female frenz alone.. Esp in the nite.. Alwayz stick to them like glue.. Even if they asked u to fark off.. Juz ignore them lah.. Rem guys' strongest attribute is "one ear go in.. the other ear go out.." I believe u all have mastered tat alreadi.. And I believe u will rather that u are the one being hurt instead of them lah.. And those who has female frenz staying at NTU or even NUS hostel.. Juz caution them ba..

I know I can't touch ur heart now..
So it doesn't matter which kind of luv if I can stay with ya..
Cuz I knw the separated ones go beyond time & space & get together..
Becuz of ya, I will keep waiting becuz of ya..
This is the tot that fills my heart now..
I will always like & luv ya..

*I feel so xing fu with her*

*MerQu|s3*^^ aka *yeKai*^^