JYJ3’s Note: Today, there has been an article in the Tabloid Shukan Bunshun. The important excerpt is as follows:
(Avex said,) “The 3 are artists under exclusive contracts with Avex, and to hold the event hosted by ZAK corporation is clearly a breach of the contract. Furthermore, Avex judges that the event has an element of profit.”
Because JYJ’s side has argued that this is a violation of goodwill/business rights and is petitioning for an injunction, Avex has said that: “As for the specific arguments, we will make them in the court of law.”
JYJ3’s Note: Shukan Bhukan is a tabloid. It is not certain that this is trustworthy news. For instance, Avex is making absurd assertions– the most obvious being that the charity concert was actually for JYJ’s profit. However, for this note, let’s assume that the above is indeed the truth of the sake of discussion.
Readers, are you familiar with the legal history of the JYJ’s legal fight for their right? JYJ has actually filed similar legal actions and have won them already in the Korean court against SM.
The above says that JYJ is petitioning for an “injunction.” Actually, the very first legal judgment that was ever rendered for JYJ, on October of 2009 — the grant of the preliminary injunction to suspend the effects of the contract — was also an “injunction” (found here). An injunction asks the court to stop an entity from acting a certain way or to force the entity to act a certain way. In the Korean injunction, JYJ asked the court to stop SM from interfering with their entertainment activities. In this Japanese injunction, JYJ may be asking for the same thing, or a different thing. (By the way, after JYJ’s victory, SM filed an objection. SM completely lost in February of 2011, as you can see here.)
Another judgment that JYJ won, which actually addresses the very issue that Avex raises in the above article, can be found here. In this suit, SM had argued that JYJ and C-JeS had violated the JYJ-SM contract by entering into an exclusive contractual relationship with C-JeS. The court, in an one-page opinion (which shows how weak SM’s arguments were), wrote that the relationship between JYJ and C-JeS was NOT one that was between an agency and its exclusive artists and therefore it was NOT “dual contracting.” Furthermore, the court also found that SM had no rights to enforce the SM-JYJ contract because that contract had been suspended by the abovementioned injunction.
How is that judgment relevant to the (potential) legal battle between Avex and JYJ/C-JeS? First, that this is not “dual contracting”— the JYJ-C-JeS relationship is not in the character of the “exclusive agency” relationship that is supposed to exist under the JYJ-Avex contract. Second, Avex, like SM, probably has no right to enforce its Avex-JYJ contract because its actions effectively invalidated the contract. The contract imposed certain duties on Avex like all contracts do, and Avex most likely broke several of them. They include, among others, the duty to actually manage JYJ’s careers in good faith. That Avex is in breach of this basic duty is obvious. Not only did they suspend JYJ’s activities indefinitely for a reason that they knew to be a lie, they actually took it upon themselves to block JYJ from appearing on Japanese charts and from performing in Japanese venues. This is a clear violation of a management’s duties owed to its exclusive artists, especially those who have nowhere else to turn due to the exclusive nature of the contract. Not only that, instead of faithfully managing JYJ’s careers, they have continually and personally defamed them through the mainstream press, and most recently, on their Twitter accounts run by their top executives. We are sure that the readers can find other reasons too that the contract is invalid.
Again, the above news is not certain because it is a tabloid. Nonetheless, it is good food for thought. We also encourage everyone to become more educated on JYJ’s fight for their rights and their legal victories. They are making history and you are witnesses.
Source: Shukan Bunshun
Credit Scan: tomomama2
Credit: JYJ3
I Don’t know if this is true, but if it is then JYJ would never file unless they knew they were in the right and Avex was in the wrong.
No matter if it’s true or not, I’m behind them all the way.
Exactly. If I trust anybody it is the competence of JYJ’s legal team. They aren’t going to do anything–that includes having the concert–to put them on the wrong side of a legal battle.
Hey admin,from what ive read from articles..before avex went blocking this concert..they would donate to charity from profits from this concert but they didnt say they would donate all of it..
just want to be clear on this coz i wouldnt want to cause misunderstanding out there regarding this especially with what avex is claiming about cjes profitting on this..
I cant find the article right now but it’s definitely what i remember…
Scratch this if im wrong..
Since JYJ had planned to do a concert for profit in May, I think the profit issues is a red herring. They wouldn’t have done it if it would have been in violation of the contract (See: trusting their legal team)
I think they said that they would donate all profits left after the costs of actually putting on the concert were covered – which would be a heck of a lot of money! This is standard procedure in charity concerts too btw.
Thanks for your careful attention , glowga. http://wp.me/p1gQsC-2xz <– Hayato's blog says that JYJ presented as a condition of their appearance that all of the proceeds minus the expenses be donated. ^__^
(Some news articles don't specify, but even if they say "a portion of the proceeds" that does not mean that JYJ is profiting, that is merely a necessity of drafting because of course one needs to subtract the expenses before donating and therefore no person can actually claim to donate "all proceeds" unless they are going to pay for the concert expenses out of pocket too.)
Also, the profit issue is kind of a non-issue really… a red herring. If that is the best that Avex's legal team can do (let's hope so), the court hearings will be another round of comedy like the ones we had recently with SM…
Still I wish this is not true
I think lawsuits are too demanding,
too expensive
too much
JYJ need peace and calm right now
But I understand why they would like to sue avex
“I think lawsuits are too demanding,
too expensive
too much”
Probably what homin thought…
I thought the same thoughts too, but if they truly feel like they can put their trust in the courts to figure out who correct in this matter, ultimately to set Avex straight then go for it JYJ!
I think one lawsuit at the time, please!
I understand why to sue avex, but not right now in the middle of the other legal battle
I agree.
@Carmila
To be fair, if JYJ waits after their lawsuit with SME (which is taking a long time already and could take years to finish because of the appeals) just to sue Avex, JYJ would probably lose their right to sue Avex.
@Aki
That is the main point. They have to file the injunction against Avex while Avex is seen to be doing something. As for the battle against SME — that’s basically over. There’s only the ruling left.
@Eliza I hope you are right
and I hope they have the money for 2 lawsuits
and the guts…I don’t doubt they are strong, but one person can just take this much
@Eliza
“@Aki That is the main point. They have to file the injunction against Avex while Avex is seen to be doing something. As for the battle against SME — that’s basically over. There’s only the ruling left.”
Thank you, Eliza for always helping us stay informed and on point about what is going on with the lawsuit. I value your perspective.
i say SUE AVEX now!! if they wait for their case with SM to be over before they do this then this concert will never happen
If this does turn out to be true then…JYJ FTW!
Maybe finally after getting Avex off their backs they can be totally free. And maybe this is the way to do it, just like with SM. I just pray they, Avex, don’t prolonged it like SM did <_<.
I’m really worried about this…JYJ won over SM for several reasons: the lack of payment, unfair fees, unfair contract terms, etc…but besides being annoying jerks, i’m not sure if AVEX has done any of these things. I don’t know the terms of their Japanese contract but i’m worried that AVEX might actually be able to get away with what they’re doing to the boys and I don’t like that. Of course this could just be a rumor but if it isn’t, winning this could be hard. But oh well…no matter what i support my boys 100% and will always stand behind them in their decisions.
You didn’t hear? The contract avex gave them was just like a SM contract.
That and they can win it just based on the fact that Avex was the one that suspended the contract, but is still dangling it over their heads and stopping them from having activities.
JYJ would have A LOT against Avex if they went to court, most of it by Avex and their CEO’s own admission.
really?? like i said, i don’t know too much about their japanese contract i mainly keep up with their issues with SM in korea. well that’s good to know i guess so thanks. but i know that avex suspended their activities but isn’t the contract still active?? and i also know that Chiba admitted what he was doing too. but how was their contract just like the one with SM?? like the terms?? i thought they got paid more fairly in japan?? sorry im so late on their japanese careers.
The payment was, on the surface, more fair. But the division of it made their share rather small at the end of it.
oh ok i see…thanks. i only knew some of the things going on in Japan but i guess i need to look more into this cuz lately AVEX has been pissing me off like crazy with their dumbass lies and excuses and contradictory statements.
@XIAHT!C
See, THIS is why I love this JYJ3 list! People here will actually do some research to get the facts instead of just throwing uninformed hissy fits full of flowery over-emotional platitudes.
Yay, you guys!!
@Lilibaiyu
i really love it too. nothing makes me more mad than people who don’t know what they’re talking about, yet they present information as though its all facts. i think its better to be informed before saying anything, otherwise im making myself look like a fool. plus, i love the fact that JYJ fans that ive met are all informed and know how to make valid arguments instead of throwing insults around and acting like 5 year olds.
JYJ you can overcome all this trials coming your way….You will be seeing the end of the tunnel soon. And we fans are always here to support you guys.
KARMA will haunt those who are trying to defame JYJ.
@Carmila –
YES, lawsuits are wickedly expensive and they are also a total soul-killer in terms of the depression that sets in during the endless waiting for each new hearing. These poor young men! What an ordeal they have been through! My admiration for their courage grows with each passing day.
The thing that, for me, a Westerner(USA)is so hard to fathom is the degree of viciousness and intent to harm that is implicit in AVEX’S (not to mention SM’s) actions.
In the US, these sorts of disputes of course occur and occur frequently. Then the legal eagles, the men in suits go behind closed doors and they NEGOTIATE a reasonable settlement that everyone can live with. Nobody hates anybody. Nobody wants to see the other side’s career buried under a freeway overpass.
SM and its hatchet-man AVEX are behaving like the very mafiosi that they accuse CjeS of being! Go figure…
I’m so grateful to JYJ3 for bringing us this update on the continuing acts of these two corporate giants who are trying to ruin and further impede JYJ, completely illegally, I might add. How are they getting away with it?? This is my question.
I think they only gonna do it if they are truly serious about performing back in Japan.
Slightly OT but even the tabloids are heating up over Avex and their cockblocking ways. Blocking the charity event truly did a whole lot of damage to them. Made you wonder the excessive lengths they go through to block JYJ, is it really worth it?
@chuxx
I am impossibly happy to hear that. We need more news about what is going on in Japan! Are they getting the real story about what is going on? Are they buying AVEX’S lies and misinformation? It’s terribly important that they get the whole truth regarding JYJ’s great desire to help them via this charity concert.
I see..so if JYJ really file an injunction to AVEX, the reason is gonna be different with the one with SM. It’s not about “slave contract”, but it’s about AVEX harassing the contract by not doing their job as JYJ agency in japan, instead, they suspended the artist’s activities, defaming their name, blocking the artist for not performing in japan..
Am I right ?
I think you are right.
I think you are right
That’s basically it. The injunction would be asking the court to prevent Avex from interfering with JYJ’s activities in Japan.
Not to mention…and I’m pretty sure I have this right…
releasing “3 Voices” DVD while blocking all other activities of JYJ, taking the position that since JYJ is in breach of their agreement, they don’t have to pay them ANY royalties for “3 Voices!” Outrageous! Egregious! (uh-oh…. I’m channeling Jackie Chiles… lol)
3 voices was before they droped JYJ
you mean the DVD and CD of a-nation and thanks giving
I think what you mean is DVD “Memories” that includes their 2010 a-nation performance, behind the scene of JJ’s anan,and others.
But they don’t hv to pay JYJ for the royalty of this DVDs ? Really ? Breach of contract is avex’s argument while Korean court has already decided that their contract with c-jes is legal. They should still pay them.
Yeahp! This!
Maybe the contract with Avex is different from SM´s contract.
But AVEX´s actions against our boys have been too much!
So, personally, I´m agree with this injunction.
I mean, I think our JYJ prefer to fight and file the injuction instead of leave Avex to do whatever they want. It must be really frustrating and I understand them because is really frustrating for me too.
How long can JYJ endure this situation? Aside from the concerts, almost all their activities have been blocked! their projects have been cancelled and all their effort is wasted.
We must understand them please, it must be really frustrating.
If this is the case, then I’ll support JYJ and their legal team to take legal action.
But the problem is, we don’t really know the details of their contract with avex. Maybe avex insist that it’s JYJ who violate the contract cause they plan to do activities in japan under different agency while it’s supposed to be under avex management. Of course we know that JYJ do it cause of suspension by avex, but still, we really don’t know if it’s legal to do it.
I guess we’ll know it when they actually file the injunction.
If it is True, I will support JYJ
I think is time to shout Avex mouth!
I mean “Shut” AVEX MOUTH!
@Carmila
Is that what it was? Thanks for informing. I knew I’d read it somewhere (my head is swimming with all of the things at times) But even the CD and DVD of a-nation! How dare they!? What thieving, calculating swine they are!!
The reason one hires lawyers is for them to do the work. You pay them, they do what they do best. When you have one of the top firms in the country on your side, and they have done nothing but make the other side look like the Keystone Kops, you can feel assured you are going to prevail.
Quite frankly, I feel the tide is turning so to speak. If the info is correct about the Korean Court’s decision to force both sides into mediation for the settlement. My guess, the Court has had it with SME’s BS. They are not going to get anymore chances to delay. Once this mediation process is over – FINAL DECISION.
Yes, SME has the option to appeal. But that process is not that ardous as I thought it would be. I took the trouble to check out the structure of the Korean courts. There will be one appeal to the District Court. If another is asked for it goes to the Appelate division of the High Court, from there to the Supreme Court.
One site noted it takes less time for civil cases in Korea to process than in other countries, say the U.S. It is generally about 2 years on avg for a civil case to go from beginning to end. We are almost at the 2 yr. mark now. I have a good feeling this is not going to be too much longer now. The decisions handed down so far, have been quite tight.
If JYJ’s legal team feel they can make a case in Japan, they have every right. AVEX has done a great deal of huffing and puffing up until now. They have banked on folks falling for what we used to call ‘woofing’. They also look like they have come real close to slander in those tweets. No one has to put up with that nonsense.
As the saying goes, “don’t start none, won’t be none.”
If anyone is interested in the links let me know.
I plan on getting my champagne soon, to have it ready to chill for the final decision. Anybody else ready to set up the celebration party, let me know. 😉
Me! Me! Me!
Gee, that was fast. 🙂
If the url links don’t show, just do a copy paste. Each site offers something different, and they are easy to understand.
http://countrystudies.us/south-korea/63.htm
http://www.helplinelaw.com/article/south%20korea/151
http://www.asialawprofiles.com/Guide/495/South-Korea-litigation-guide.html
http://en.wikipedia.org/wiki/South_Korean_law
Please share them with us! ><
Me too!!thank you!!
Count me in, but not champagne please as i dont drink 😉 Tio please
wanzhaf April 21, 2011 at 11:15 pm #
Count me in, but not champagne please as i dont drink 😉 Tio please
The admins have removed the notice…all you have to do is click on them.
The articles are all easy to read and each offers something different. They help explain the Korean judicial system and what can be expected to happen especially with appeals. I hope they offer some clarity to take away some of the unknown.
Me too please Mommy-hen, although being a very cheap drunk – half a glass of wine & I’m tiddly!, I might go slow on the champagne…on second thoughts – lets get this party started!!!
IMO JYJ has even more chance winning a case against avex than they did against sm. So much of what sm did was behind close doors, whereas avex have been almost unbelievably open (stupidly so) about their actions. I’m cautiously confident that JYJ’s legal team can smash avex’s a**es & free them of max & chiba for good! JYJ fighting!
@wanzhaf
“Count me in, but not champagne please as i dont drink Tio please”
I’ll have hers. 🙂
@Saphhie,
A cheap drunk? How are you ever going to keep up with Jae, knowing how well he can hold his? Just kidding.
Yeah, go figure. You openly (stupidly) tell everyone in the known universe what you’re doing, and expect no one is paying attention.
Repeat… You can’t fix stupid!
I just figured at some point, folks will get tired of having their names slandered and libeled. Because putting it in written form as well is a sueable offense.
Look at it this way. There is a record of the communication between Mr. Baek and AVEX. So, they can’t say the man walked in out of nowhere. That to me is the really dumb part. Wanna bet the original contact came from AVEX? It’s called phone records that can supoenaed. How’s that gonna look Maxie?
Then the tweets about the introduction and the praise. Now all of a sudden, the man is Mafia incarnate? Come on, you can do better than that. This whole scenario has been a joke from day one. But since it puts them in a corner, I’m not complaining. My joy abounds!
With regards to the party. I aleady have my plans…detailed them on TheJYJFiles for one of our long lost trolls. I plan to party like there is no tomorrow. So, once we know when the final decision day is, we can set up the details. One of the most important elements will be time zone syncing.
Hi Mommy-hen
Yep, the time zone syncing will be tough. Are there still trolls bashing on thejyjfiles?! Sheesh, some people just never learn do they? I love how tough Mia & WorldPeacewJJ are getting with some of the more hardcore trolls who post here sometimes! It’s so nice having a “family” site where we all love JYJ & we all respect each other.
As for JJ & booze – he’ll need me to stay sober & steady on my feet to help him make his way back home after he’s gotten drunk! Actually, I had better add that he will need me & Sammie to help him home, or she’ll give me some evil glares again! Would you like to help us too, or should we leave you resting peacefully after the mother of all parties winds down?!!
@ButterfliesAreFree
“Then the tweets about the introduction and the praise. Now all of a sudden, the man is Mafia incarnate? Come on, you can do better than that. This whole scenario has been a joke from day one. ”
It occurred to me yesterday that the ones (and the ONLY ones) most clearly adopting the behavior, style and tactics of the Mafia with all their attempts to ruin the careers of JYJ are…. SM and AVEX.
@Lilybaiyu
What hits me is that they don’t even make very good Mafioso! Thankfully, because they’ve already caused JYJ enough problems as it is. But seriously, before I came upon JYJ & their legal battles, I would never have thought that companies could behave so shambolically. I mean there’s incompetence, arrogance & sheer ignorance, but sm & avex in particular take it to whole new levels altogether.
@Sapphire
“I mean there’s incompetence, arrogance & sheer ignorance, but sm & avex in particular take it to whole new levels altogether.”
Haven’t they just. I’ve never heard of anything like this in modern day business. These are large corporations, with boards of directors and stockholders! And here they are acting like street thugs and spoiled children! It’s disgusting. The heads of these companies should be fired and jailed.
IF this is true…i think they should let WIN first SM’s demand (LOL ’cause they will XD) and then if they want..go to Avex’s ass…
BUT i feel that IF IF JYJ win to SM..avex is going to run looking for JYJ to work with them again XDDDD that’s FOR SUREEEEEEEEEEEEE
I think independently of how expensive or extrenious lawsuits are,we should give our moral support to JYJ, this is about principles,about courage,about stand up for what you believe in, and no matter how difficult the path, having the conviction to see it through has its rewards: they will walk straight forth knowing they did the right thing and will set precedent for companies like SM and Avex not to take advange of their influence and power. So lets follow the korean motto and say: JYJ, FIGHTING!!!
@Hikari
Mte. JYJ FIGHTING!
@Hikari
No doubt. Absolutely.
🙂
it’s about the time that Japanese media talks about JYJ vs. Avex issue. I am glad if JYJ side is actually taking it to Japanese legal system.
I worries so much..but if it is true..The boys should have a reason because they understand more than everone what they will have been though…and i will support them to the end!! JYJ fighting!!!!!
50% of my opinion i think since their lawsuit in korea still not done yet, i dun want them 2 start new 1 in japan… plus avex is very2 influence there… it is a big comapany u know…
50% more i think jyj shud file for injuction since their lawsuit in korea seems nowhere 2 end ‘soon’… plus matsura n chiba been spreading ridiculous things bout jyj nonstop…
I might be slow to understand all the lawsuit articles, all this law terms make my head explodes. Even in my own language its still hard to understand. But for JYJ i read it slowly, ever slowly so that i can educate myself. All the view/comment really helps me a lot. So basically, what i am trying to say if it will helps JYJ to free themselves from the evil Avex, then I am 100% behind them
JYJ is free only this two old man just can move on,pride kill them.tq
avex if you want half of the profit from the charity concert say so.Your business come 1st japan 2nd you are the man of all power in japan.now ever japaness need your permission to run japan business world.you are the law bro max thats why you and LSM are good friend.
MISSION MAKE IT MISSION MAKE IT MAKE IT GO~!!!
i hate sme and avex and i know they will eventually hafta pay the consequences for their actions, and it can’t come soon enuff for me!! for sme and avex wanting to destroy our beloved JYJ, i hope karma smacks them very hard rite in the face!!! (I could say something worse, but it’s Holy Week)
JYJ trusts their lawyer and if they do, so do I!! JYJ has been meeting influential ppl in Korean, earning different awards, the latest being made Honorary Ambassadors and at that event, being able to perform in front of 1,000 prominent ppl including the President of Korea and they yelled encore after their 1st song!! i am sooo proud of them!!
JYJ is climbing over the wall that sme and avex has built to prevent them for any activities!! JYJ r earning a multitude of fans by just being themselves, showing ppl how professional and mature they R, showing how much their fans mean to them and not taking anything for granted!!
so avex, go ahead and take ur best shot, looks like u haven’t learned a thing from seeing how well sme did AND if ur gonna be DUMB u better be tuff, cuz we will not show U any mercy!!!
i hafta to admit something i did, i know it was childish, but the dude that’s the head of avex posted a pic of himself smiling and waving on twitter, and my comment to his pic was just this~~
hahahahahahahahahahahahahahahahahahahahahahahahahahahaha
he didn’t tweet for a long time after it!! MY BAD!!
JYJ FIGHTING!!! JYJ FAMILY FIGHTING!!!
**THUMBS UP!** Good job! 🙂
I’ve got only one thing to say:
“I’M WITH JYJ ALL THE WAY!!!!!” 😀
I have been wondering when legal action would begin. Avex is so clearly in violation of their contract.
is there suppose to be a court hearing on the 19th Apr?
anybody know about it,plzz?
That was postponed. We’ll have to wait to find out when the next one will be.
@ButterFliesareFree thanks.:) ahh another one..
well, above all, i would love to see JYJ or CJes’ side sue Avex for their action spreading lies about the JYJ charity event. i know by now many fans have the caption of Matsuura’s tweets about how he spread rumours that JYJ still sold the charity ticket concert eventho, as Matsuura said, JYJ/Cjes knew it would be blocked, in purpose of gaining a profit from the ticket cancellation fee…its a big lie n its a libel n could tarnishing JYJ’s name…
gosh, i really would love to see how Japan media spread the fact Avex blocked JYJ charity concert for helping people in Japan for some absurd reason the-so-called “problem with contract”, when in korea sme cant even blocked any of JYJ’s activities by using ‘contract problem’. ai mean avex’s right over TVXQ (as in all the 5, including JYJ) are from their contract with sme, then by now, Avex, as same as SME, also have no legal right to blocked JYJ.
oh, i really wanna know what would japan people think about this avex-blocked-JYJ-charity-event-for-Japan.
In order for Avex to not interfere with JYJ activity, they need to file an injuction, like they did with SM. I thought they have waited it out for the contract to expire. However, as Avex kept producing JYJ products, interfering with their upcoming activities, they prolly thought ‘enough is enough’.
The thruth will prevail and from the look of it, Avex starts sweating a lot…
In the end it all goes back to the law huh? If Avex had kept their fucking mouths shut and not bother JYJ then JYJ wouldn’t take the last step to go to court with Avex. But NO! Avex likes to be stupid like SM so no one can stop them from being stupid. If they want to take down JYJ then they have to take down their fans first. I believe that people like SM and Avex will suffer the consequences for trying to sabotage JYJ. NO matter what I hope that JYJ wins all. JYJ fighting!
Times like this, it would be helpful if we had a bigeast fan here or someone who knows japanese that way we can know what is going on.
I want to be able to help jyj in japan like we did in korea with the petition.