Commentaries
Dallas Buyers Club – copyright infringement, or copyright trolling?
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By Gangasudhan
Reports have emerged in the mainstream media (here, here and here) that a number of people have been served with legal letters by Samuel Seow Law Corporation over the weekend with regard to their digital download of the Hollywood movie Dallas Buyers Club. While the details have been sketchy thus far, many people have become concerned and confused with regard to the implications of this news.
Basically, the situation is a civil one where an application was made in the High Court by local legal representation of Dallas Buyers Club LLC, which is based in the US, to acquire the particulars of subscribers from local Internet Service Providers (ISPs) whose Internet Protocol (IP) addresses were traced by an internet tracking company based in Germany called MaverickEye, and established as being linked to the download of a digital copy of the movie.
After the High Court had issued the order in favour of the ‘pre-action discovery’ application in January, M1 had furnished the address, NRIC number and name of the subscribers linked to those IP addresses and the letters were supposedly sent to them. Starhub apparently has indicated that it has received notification to furnish the particulars of its subscribers whose IP addresses were traced and is in the process of furnishing the information accordingly.
Case is hard to prove
In legal terms, downloading a pirated movie actually infringed the copyright of the owner of the movie, hence warrants civil action to claim damages. Uploading a movie, on the other hand, is a criminal offence because only authorized entities are allowed to distribute a movie.
However, when it comes to filesharing platforms, it is rather hard to prove that one complete digital copy of the file was successfully transferred from one specific person to another, which explains why Dallas Buyers Club LLC did not establish illegal content distribution for the Singapore authorities to follow-up with criminal investigation. Instead, it merely established that an IP address had received the digital copy of the movie (or at least part of it), hence the weak assertion that this was an illegal download of pirated content.
However, if the downloader had already purchased a DVD copy of the movie – be it new from the shop with store receipt as proof, or secondhand from someone where there would not be any transaction trail, and merely wanted to watch it on his or her laptop which does not have a CD-ROM, then it would be quite petty for Dallas Buyers Club LLC to continue to harass and pursue damages – in fact, it might even be a valid defence to suggest that there was no damage after all.
The onus here is clearly on the appellant in this civil case to prove that those it alleges to have downloaded the movie actually did so with intent, but with so many plausible situations that could have happened, it is hard to see how it is eventually going to achieve this.
For instance, those alleged to have downloaded could have simply not used a password for their Wi-Fi connections to their router, hence a neighbor or visitor to the home could have easily connected to the internet and downloaded the movie without the subscriber’s knowledge whatsoever. There are many such examples from other countries where places like dorm rooms (shared by many college students) and hospitality establishments (i.e. inns) were served such notices with no viable further action by the appellant was possible.
The parent company of Dallas Buyers Club LLC is Voltage Pictures (also based in the US) and has a notorious history of using tracking software to bait victims and then trace their identities to issue them with lawyer letters demanding compensation. The tracking software works by mimicking a user of a peer-to-peer network and offers a file for download to other file sharers. When another user connects and successfully downloads part of the file, the tracking software records the IP address and timestamp details before terminating the connection.
Under those circumstances, a case cannot even be made to say that the identified IP address actually downloaded one complete copy of a movie, since there is no way for the tracking software to differentiate between an illegal (complete) download from someone who might have just accidentally clicked on a link and started the peer-to-peer download only to subsequently cancel it soon after.
In fact, there is strong reason to believe that the whole exercise in this case is merely a scare tactic, with the vice-president of Voltage Pictures, Michael Wickstrom himself – also described as a ‘royalties expert’, reportedly saying that, in his experience, a letter from a rights holder is a “good deterrent” to further piracy. He has also been quoted as saying, “All I request is that our local attorneys send a warning, because I don’t anticipate a settlement from them except a warning.”
This type of activity is called copyright trolling and is meant to use the caveat of infringing copyright by the mere act of downloading saleable intellectual property, to strongarm unsuspecting people into making a settlement or frightening internet users from downloading content via per-to-peer networks.
Surrendering information – a dangerous precedence?
But the more alarming loophole this incident exposes is that it makes Singapore vulnerable to terrorist influences. Imagine a shell corporation set up by the Islamic State of Iraq and Syria (ISIS) group – which has the demonstrated ability to be technologically sophisticated in spreading propaganda – to track the downloads of a certain type of documentary or movie through Singapore IP addresses.
This entity could then make an application in the High Court through a local proxy – just like how Dallas Buyers Club LLC has done – to request for our local ISPs to surrender personal particulars on the pretext of pre-action discovery in relation to some perceived copyright infringement. This means that any terrorist organization can so easily profile targets and secure their identities for recruitment or victimization – a very real threat to the safety and security of our nation.
It is thus very dangerous to allow entities to secure personal information from ISPs for frivolous purposes such as the assumption of illegal download of content when, in fact, it could be a host of other probabilities, and where the proof of actual infringement is quite hard to establish. There is therefore strong justification for the authorities to consider stepping in to squash such attempts at copyright trolling in Singapore as it has serious implications for misuse.
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Commentaries
Lim Tean criticizes Govt’s rejection of basic income report, urges Singaporeans to rethink election choices
Lim Tean, leader of Peoples Voice (PV), criticizes the government’s defensive response to the basic living income report, accusing it of avoiding reality.
He calls on citizens to assess affordability and choose MPs who can truly enhance their lives in the upcoming election.
SINGAPORE: A recently published report, “Minimum Income Standard 2023: Household Budgets in a Time of Rising Costs,” unveils figures detailing the necessary income households require to maintain a basic standard of living, using the Minimum Income Standard (MIS) method.
The newly released study, spearheaded by Dr Ng Kok Hoe of the Lee Kuan Yew School of Public Policy (LKYSPP) specifically focuses on working-age households in 2021 and presents the latest MIS budgets, adjusted for inflation from 2020 to 2022.
The report detailed that:
- The “reasonable starting point” for a living wage in Singapore was S$2,906 a month.
- A single parent with a child aged two to six required S$3,218 per month.
- Partnered parents with two children, one aged between seven and 12 and the other between 13 and 18, required S$6,426 a month.
- A single elderly individual required S$1,421 a month.
- Budgets for both single and partnered parent households averaged around S$1,600 per member. Given recent price inflation, these figures have risen by up to 5% in the current report.
Singapore Govt challenges MIS 2023 report’s representation of basic needs
Regrettably, on Thursday (14 Sept), the Finance Ministry (MOF), Manpower Ministry (MOM), and Ministry of Social and Family Development (MSF) jointly issued a statement dismissing the idea suggested by the report, claiming that minimum household income requirements amid inflation “might not accurately reflect basic needs”.
Instead, they claimed that findings should be seen as “what individuals would like to have.”, and further defended their stances for the Progressive Wage Model (PWM) and other measures to uplift lower-wage workers.
The government argued that “a universal wage floor is not necessarily the best way” to ensure decent wages for lower-wage workers.
The government’s statement also questions the methodology of the Minimum Income Standards (MIS) report, highlighting limitations such as its reliance on respondent profiles and group dynamics.
“The MIS approach used is highly dependent on respondent profiles and on group dynamics. As the focus groups included higher-income participants, the conclusions may not be an accurate reflection of basic needs.”
The joint statement claimed that the MIS approach included discretionary expenditure items such as jewellery, perfumes, and overseas holidays.
Lim Tean slams Government’s response to basic living income report
In response to the government’s defensive reaction to the recent basic living income report, Lim Tean, leader of the alternative party Peoples Voice (PV), strongly criticizes the government’s apparent reluctance to confront reality, stating, “It has its head buried in the sand”.
He strongly questioned the government’s endorsement of the Progressive Wage Model (PWM) as a means to uplift the living standards of the less fortunate in Singapore, describing it as a misguided approach.
In a Facebook video on Friday (15 Sept), Lim Tean highlighted that it has become a global norm, especially in advanced and first-world countries, to establish a minimum wage, commonly referred to as a living wage.
“Everyone is entitled to a living wage, to have a decent life, It is no use boasting that you are one of the richest countries in the world that you have massive reserves, if your citizens cannot have a decent life with a decent living wage.”
Lim Tean cited his colleague, Leong Sze Hian’s calculations, which revealed a staggering 765,800 individuals in Singapore, including Permanent Residents and citizens, may not earn the recommended living wage of $2,906, as advised by the MIS report.
“If you take away the migrant workers or the foreign workers, and take away those who do not work, underage, are children you know are unemployed, and the figure is staggering, isn’t it?”
“You know you are looking at a very substantial percentage of the workforce that do not have sufficient income to meet basic needs, according to this report.”
He reiterated that the opposition parties, including the People’s Voice and the People’s Alliance, have always called for a minimum wage, a living wage which the government refuses to countenance.
Scepticism about the government’s ability to control rising costs
In a time of persistently high inflation, Lim Tean expressed skepticism about the government’s ability to control rising costs.
He cautioned against believing in predictions of imminent inflation reduction and lower interest rates below 2%, labeling them as unrealistic.
Lim Tean urged Singaporeans to assess their own affordability in these challenging times, especially with the impending GST increase.
He warned that a 1% rise in GST could lead to substantial hikes in everyday expenses, particularly food prices.
Lim Tean expressed concern that the PAP had become detached from the financial struggles of everyday Singaporeans, citing their high salaries and perceived insensitivity to the common citizen’s plight.
Lim Tean urges Singaporeans to rethink election choices
Highlighting the importance of the upcoming election, Lim Tean recommended that citizens seriously evaluate the affordability of their lives.
“If you ask yourself about affordability, you will realise that you have no choice, In the coming election, but to vote in a massive number of opposition Members of Parliament, So that they can make a difference.”
Lim Tean emphasized the need to move beyond the traditional notion of providing checks and balances and encouraged voters to consider who could genuinely improve their lives.
“To me, the choice is very simple. It is whether you decide to continue with a life, that is going to become more and more expensive: More expensive housing, higher cost of living, jobs not secure because of the massive influx of foreign workers,” he declared.
“Or you choose members of Parliament who have your interests at heart and who want to make your lives better.”
Commentaries
Political observers call for review of Singapore’s criteria of Presidential candidates and propose 5 year waiting period for political leaders
Singaporean political observers express concern over the significantly higher eligibility criteria for private-sector presidential candidates compared to public-sector candidates, calling for adjustments.
Some also suggest a five year waiting period for aspiring political leaders after leaving their party before allowed to partake in the presidential election.
Notably, The Workers’ Party has earlier reiterated its position that the current qualification criteria favor PAP candidates and has called for a return to a ceremonial presidency instead of an elected one.
While the 2023 Presidential Election in Singapore concluded on Friday (1 September), discussions concerning the fairness and equity of the electoral system persist.
Several political observers contend that the eligibility criteria for private-sector individuals running for president are disproportionately high compared to those from the public sector, and they propose that adjustments be made.
They also recommend a five-year waiting period for aspiring political leaders after leaving their party before being allowed to participate in the presidential election.
Aspiring entrepreneur George Goh Ching Wah, announced his intention to in PE 2023 in June. However, His application as a candidate was unsuccessful, he failed to receive the Certificate of Eligibility (COE) on 18 August.
Mr Goh had expressed his disappointment in a statement after the ELD’s announcement, he said, the Presidential Elections Committee (PEC) took a very narrow interpretation of the requirements without explaining the rationale behind its decision.
As per Singapore’s Constitution, individuals running for the presidency from the private sector must have a minimum of three years’ experience as a CEO in a company.
This company should have consistently maintained an average shareholders’ equity of at least S$500 million and sustained profitability.
Mr Goh had pursued eligibility through the private sector’s “deliberative track,” specifically referring to section 19(4)(b)(2) of the Singapore Constitution.
He pointed out five companies he had led for over three years, collectively claiming a shareholders’ equity of S$1.521 billion.
Notably, prior to the 2016 revisions, the PEC might have had the authority to assess Mr Goh’s application similarly to how it did for Mr Tan Jee Say in the 2011 Presidential Election.
Yet, in its current formulation, the PEC is bound by the definitions laid out in the constitution.
Calls for equitable standards across public and private sectors
According to Singapore’s Chinese media outlet, Shin Min Daily News, Dr Felix Tan Thiam Kim, a political analyst at Nanyang Technological University (NTU) Singapore, noted that in 2016, the eligibility criteria for private sector candidates were raised from requiring them to be executives of companies with a minimum capital of S$100 million to CEOs of companies with at least S$500 million in shareholder equity.
However, the eligibility criteria for public sector candidates remained unchanged. He suggests that there is room for adjusting the eligibility criteria for public sector candidates.
Associate Professor Bilver Singh, Deputy Head of the Department of Political Science at the National University of Singapore, believes that the constitutional requirements for private-sector individuals interested in running are excessively stringent.
He remarked, “I believe it is necessary to reassess the relevant regulations.”
He points out that the current regulations are more favourable for former public officials seeking office and that the private sector faces notably greater challenges.
“While it may be legally sound, it may not necessarily be equitable,” he added.
Proposed five-year waiting period for political leaders eyeing presidential race
Moreover, despite candidates severing ties with their political parties in pursuit of office, shedding their political affiliations within a short timeframe remains a challenging endeavour.
A notable instance is Mr Tharman Shanmugaratnam, who resigned from the People’s Action Party (PAP) just slightly over a month before announcing his presidential candidacy, sparking considerable debate.
During a live broadcast, his fellow contender, Ng Kok Song, who formerly served as the Chief Investment Officer of GIC, openly questioned Mr Tharman’s rapid transition to a presidential bid shortly after leaving his party and government.
Dr Felix Tan suggests that in the future, political leaders aspiring to run for the presidency should not only resign from their parties but also adhere to a mandatory waiting period of at least five years before entering the race.
Cherian George and Kevin Y.L. Tan: “illogical ” to raise the corporate threshold in 2016
Indeed, the apprehension regarding the stringent eligibility criteria and concerns about fairness in presidential candidacy requirements are not limited to political analysts interviewed by Singapore’s mainstream media.
Prior to PE2023, CCherian George, a Professor of media studies at Hong Kong Baptist University, and Kevin Y.L. Tan, an Adjunct Professor at both the Faculty of Law of the National University of Singapore and the NTU’s S. Rajaratnam School of International Studies (RSIS), brought attention to the challenges posed by the qualification criteria for candidates vying for the Singaporean Presidency.
In their article titled “Why Singapore’s Next Elected President Should be One of its Last,” the scholars discussed the relevance of the current presidential election system in Singapore and floated the idea of returning to an appointed President, emphasizing the symbolic and unifying role of the office.
They highlighted that businessman George Goh appeared to be pursuing the “deliberative track” for qualification, which requires candidates to satisfy the PEC that their experience and abilities are comparable to those of a typical company’s chief executive with shareholder equity of at least S$500 million.
Mr Goh cobbles together a suite of companies under his management to meet the S$500m threshold.
The article also underscored the disparities between the eligibility criteria for candidates from the public and private sectors, serving as proxies for evaluating a candidate’s experience in handling complex financial matters.
“It is hard to see what financial experience the Chairman of the Public Service Commission or for that matter, the Chief Justice has, when compared to a Minister or a corporate chief.”
“The raising of the corporate threshold in 2016 is thus illogical and serves little purpose other than to simply reduce the number of potentially eligible candidates.”
The article also touches upon the issue of candidates’ independence from political parties, particularly the ruling People’s Action Party (PAP).
It mentions that candidates are expected to be non-partisan and independent, and it questions how government-backed candidates can demonstrate their independence given their previous affiliations.
The Workers’ Party advocate for a return to a ceremonial presidency
It comes as no surprise that Singapore’s alternative party, the Workers’ Party, reaffirmed its stance on 30 August, asserting that they believe the existing qualifying criteria for presidential candidates are skewed in favour of those approved by the People’s Action Party (PAP).
They argue that the current format of the elected presidency (EP) undermines the principles of parliamentary democracy.
“It also serves as an unnecessary source of gridlock – one that could potentially cripple a non-PAP government within its first term – and is an alternative power centre that could lead to political impasses.”
Consistently, the Workers’ Party has been vocal about its objection to the elected presidency and has consistently called for its abolition.
Instead, they advocate for a return to a ceremonial presidency, a position they have maintained for over three decades.
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