1. The trial’s settlement papers suddenly got viewable today. There are up to 10 settlement terms. Sections 3,4,6 are restricted for viewing (i.e. public can’t view what is written).
2. The cross-validation of JYJ’s exclusive contract, made between Company C and Company A on H22.02.26 (Feb 26, 2010 in Roman calendar)has been completed. (Note: It was not written in the document when it has been terminated. This is important, I think)
3. On the rights of works by artists’ activities in Japan that took place before the settlement approval,in accordance with the provisions of Section 7 and 8 of the exclusive contract – any legal action/dispute by Company C and A will not take place anymore. (The contents of these paragraphs in the exclusive contract can’t be verified because it is restricted)
4. Company A & C shall not disclose to any third party, regardless of circumstances leading up to the settlement, any settlement terms, litigation articles (both written and oral), and any evidence. (Hence, the viewing restriction)
5. Company A to consent on the contents of the announcement/press release of Company C that will be posted on their homepage. (No announcement has been made yet)
6. Costs of litigation will be shouldered by both companies. The contents of the record of settlement is over.
7. The settlement document will be archived. If instructions will not be followed, the company can petition for enforcement.
Ruby’s note: Basically, the settlement document is completed. However, there are sections that are not available for public viewing. Both companies can not disclose the full settlement terms because this will be a violation of the agreement. C-JeS will release a statement via their website.
Japan Court documents are available for public viewing so fans can come to court and verify.
Translated by: Ruby (@rubypurple_fan) of JYJ3
Shared by: JYJ3
Tagged: AVEX, C-JeS, Lawsuit
What kind of justice is this when public cant know.. The wrongs done to JYJ, is done publically and of course the public is concerned.. In fact the wrongs done publically can amount to defamation toward JYJ. Why cant the public know about the terms of settlement now? Doesnt made sense to me…
finally it is over and JYJ can promote in Japan with another company!
isn’t this the best December ever?!?
I just hope whatever the agreed upon settlement, it would include allowing JYJ copyrights to their works and also use of material they released during the time under contract with the said company.
Good luck JYJ….I hope this will give you more freedom to spread your wings in Japan!
i hope that means JYJ can freely promote in Japan
please can somebody explain to me i don t understand …what that means what s the benefit for JYJ .
A is a public listed company. A knew they’re on losing side but they’d prolong the whole new process again if they have to. The terms of settlement showed A have more to hide than C. You can assume whatever you like but as long as our JYJ finally free to do their activities in Japan, any term agreed between them are most welcome.
I agree with you, Daybreak. As we thought, the terms of the settlement will not be disclosed, which of course indicates to many that AVEX is now covering their ass and hiding their wrong-doings. This is to be expected frankly. SM did the same thing. What I want to know, what we still don’t know is if JYJ will be able to promote freely in Japan or will the under-the-table clout of AVEX continue on suppressing them exactly as SM have done to them in Korea.
the only thing that I want to know and would matter to me is that JYJ got what they want from this settlement .
yeah me too
Japan Court documents are
available for public viewing so fans
can come to court and verify.
pls someone go to the court n make us know what the settlement was at all n if company a is hiding hiderance on jyj.
The only documents allowed for public viewing are the ones written above. Settlements are usually confidential, like this case so we’ll never know the terms, ever.
it shouldn’t take long for an official announcement from CJes now, right?
Hope everything is siding towards JYJ. I really hope CJeS will announce soon. May JYJ can be truly FREE to do whatever in Japan.
Glad that it is over,,, as long as JYJ is willing to accept AVEX terms, I guess they must have consider it the best settlement they can get out of this situation. And it is about face saving, hence the restrictions.
Basically, JYJ & C-Jes won (they won the initial case) and AVEX wanted to save face like SM did, by keeping things vague and sealed, so there wouldn’t be precedence for future cases. SM did that in South Korea, but the Japanese courts gave JYJ a full win and even penalized AVEX with fines they needed to pay. Which is why AVEX appealed, they wanted the same murky outcome SM received. With a large arsenal of lawyers, they could have kept JYJ in limbo for years, which is why I understand JYJ’s agreement of the settlement conditions. AVEX can try to save face, but any unbiased person can see the truth clearly.
I am just happy JYJ is free at last and I expectantly await their continued successes.
I am so happy it is over!!!!!!!! The only thing I want to know is that JYJ is free to take advantage of more opportunities in Japan!!!!!!! What ever the settlement terms are I figured JYJ is ok with excepting them as long as they are truly free. I cannot wait to witness more success from them.
I believe that JYJ and their lawyers are more cautious and smarter after SM’s settlement .
I’ll leave to the experts whatever settlements/stipulations they arrived, I don’t have to know them, I just want to read more updates and more schedules of Japanese activities other than Jaejoong’s January Nagoya 2-day concert. Their enlistment date is getting near, hopefully they can make a grand Japanese comeback before they enlist.
Agree. I am sure they are also more cautious and smarter when signing a contract with their new Japanese label. I don’t want our boys to go through another Avex blockage again. Excitedly awaiting their announcements!
It’s really over. Pop the confetti! I wonder what company JYJ will choose as their jap management agency. >.<
“3. On the rights of works by artists’ activities in Japan that took place before the settlement approval,in accordance with the provisions of Section 7 and 8 of the exclusive contract – any legal action/dispute by Company C and A will not take place anymore”
Does it means Avex doesn’t have to pay fine for JYJ lost like it was decided by the court before??? Because if legal dispute between C and A on the rights of works by artists’ activities in Japan that took place before the settlement approval will not take place anymore, it means penalty for Avex has been omitted. Or did I read it wrong?
You’re most probably right. However, I do believe that JYJ/CJeS will receive a huge amount of money in exchange for letting go of the fines.
In the absence of hard details, it’s rather hard to draw any accurate conclusions based on the vague language published thus far. Hopefully Cjes’s announcement will help us understand further, but in the meantime, here’s my speculations:
**The lawsuit was filed by JYJ/CJes in 2011 in the aftermath of the Japanese charity concerts because JYJ/CJes believed that JYJ’s rights of work as artists have been violated by Avex’s continual effort to block all their activities there–even the ones organized by their Korean agency, Cjes. By asserting that Avex does not have exclusive rights to JYJ’s management, the court ruled in favor of JYJ/CJes.
** Although the court fined Avex $7.3 millions in damages for interfering with their activities; my guess is that both sides agreed to settle on a number, but I doubt that Avex ends up paying the full $7.3 millions. Thus, Avex’s penalty has not been nullified per se, but whatever admission of guilt on Avex’s part is kept confidential.
**Settlement term #3 is essentially an agreement by both sides to stop litigating–namely to end further legal proceedings on this lawsuit. Avex will rest it’s appeal; while JYJ/Cjes also will make some concessions.
I feel that Cjes want to end the dispute quickly, that’s why they accepted some ridiculous requirements from Avex. Of which I don’t understand why. Because actually Cjes doesn’t have to hurry things up. The boys will enlist next year, there will be no activities for 2 years, therefore they have 2 more years to reach a better settlement. Unless JYJ want to release an album next year and would like to do a tour in Japan. If this is the case than it makes sense if Cjes needs to clear the field beforehand (hopefully, LOL, a fan can always hope)
Just glad this is officially done! Hope JYJ has found a good agency to rep them in Japan and their activities can continue, hassle free!!! 😀
well , we don’t know yet, what is a nature of this settlement,, we ll just wait and see, because they will enlist next year, so, hopeing:))), About their freedom , I m happy that they now can really promote their music freely, but in korea that’s not the case yet!!!! randomly appearing in some news is not freedom,, no music shows, no top list shows, no varaity shows, so what kind of freeom do they have in korea after settlement with sm entertainment??,,,but love and always support to jyj and all 5 dbsk members
The real answers to our questions are not in this document. It’s what happens behind the scenes – how much pressure Avex puts on tv and others to suppress JYJ, how much influence they have. At least they can’t threaten anyone with lawsuits anymore.
I sure hope Avex had to pay a ton of money in penalties