[TRANS] 101027 SM Withdraws Album Sales Prohibition Injunction Against JYJ… Why?

SM Entertainment has withdrawn its album sales prohibition injunction against JYJ (TVXQ’s YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu)’s first album ‘The Beginning’.

On the 12th of this month, SM filed for an album sales prohibition injunction against JYJ’s first global album ‘The Beginning’ as well as an exclusive contract suspension injunction against the contract between JYJ and CJeS. On the 21st, SM Entertainment decided to withdraw only the part of the injunction regarding the prohibition on album sales.

SM revealed the reason behind this decision by stating, “We have withdrawn the lawsuit after deciding that an album sales prohibition injunction was impractical as JYJ have already released the album.”

JYJ’s side has also confirmed this stating, “SM Entertainment filed an album sales prohibition injunction against Warner Music Korea, the company in charge of distributing JYJ’s albums, on October 12th, and withdrew the aforementioned lawsuit on the 21st through the Seoul District Courts. Warner Music Korea received an official document regarding this on the 22nd.”

However, SM will still initiate a head on confrontation with the exclusive contract suspension injunction directed at JYJ and CJeS. SM has stated that as the verdict has not been made on the lawsuit between SM and JYJ, a contract signed between the trio and CJeS would be considered a dual-contract.

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Source: [mydaily+Yuaerubi]
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as our previous post on SM Entertainment Withdraws Their Preliminary Injunction Against JYJ

[NEWS] 101026 SM Entertainment Withdraws Their Preliminary Injunction Against JYJ

SM Entertainment’s preliminary injunction against JYJ (Kim Jaejoong, Kim Junsu and Park Yoochun) to prohibit the sales of their first global album, The Beginning, has been withdrawn.

On October 27th, JYJ’s PR Agency Prain said, “On October 21st, through the Seoul Central District Court, SM Entertainment withdrew their preliminary injunction to prohibit the sales of JYJ’s first album, The Beginning.”

SM Entertainment filed the injunction on October 12th believing that JYJ had signed an exclusive contract with CJeS Entertainment which would cause a dual contract situation.

However, CJeS is the agency that JYJ hired to handle their management work just like Prain has been hired to handle JYJ’s PR.

credit: newsen +MTVK
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[NEWS] SM puts more pressure on former TVXQ members

SM Entertainment continues to disrupt the debut of the three breakaway members of TVXQ, one of Korea’s most popular boy bands. JYJ is comprised of Jae-joong, Yu-chun and Jun-su.

On Oct. 8, SM Entertainment filed an injunction with a Seoul court to stop the release of “The Beginning,” and filed a suspension on exclusive contract with C-JES Entertainment.

C-JES Entertainment is a Korean agency that is now managing JYJ. SM Entertainment recently complained, saying that signing a contract with C-JES Entertainment amounts to holding an unfair double contract.

SM Entertainment also continues its attempt to stop JYJ’s debut in other countries. Sports Korea recently reported that SM Entertainment has sent files of complaint to the head quarter in United States of JYJ’s distributor, Warner Music Korea. “The Beginning” is recorded entirely in English and is supposedly to be released in several countries worldwide.

The Korean Federation of Pop Culture and Art Industry has sent letters to TV stations KBS, SBS and MBC and cable network Mnet, and Korean online music sites and asked them not to allow JYJ to appear on their shows and sell the digital albums.

However, Korean online music sites defied the letter and released the digital copies of JYJ’s “The Beginning” album on Oct 14. The songs in the album entered the top 10 on real-time music charts.

This coincidence is a greater source of despair for JYJ members, as they had to cancel 500 albums reserved before their showcase on Oct. 12. Since their showcase, Korea Sports has reported that there were absolutely no signs of JYJ’s on any television channels.

JYJ previously planned to have showcases in other countries to meet their worldwide fans for their debut. However, an ongoing dispute with SM Entertainment over legal issues related to their contract; it might take a while before the trio can perform without restraints.

(Herald Online) 　

Edited by Rob York

credit: Korea Herald
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[TRANS] 101015 JYJ Albums In The Market To Be Recalled If Injunction Is Accepted.. D-Day Is The 18th

Which side will the Seoul District Courts favor?
Sports Korea has verified the reason, content and future of SM’s injunction.

It was on the 8th that SM filed an album sales prohibition injunction against JYJ’s first album. At the current moment, it cannot be known whether or not the Seoul District Courts will accept the injunction and consider it valid.

The issue at hand between SM and JYJ seems to be the scope of the independent activities JYJ won in their legal dispute with their agency. It can be predicted that both sides will engage in a fierce legal battle regarding this matter.

At the hearing on the 11th, Warner Music Korea, the distribution company in charge of JYJ’s first album , stated, “We see the selling of this album as an act that is allowed according to the previous verdict made on the injunction filed by JYJ against SM that gave JYJ the freedom to pursue independent activities.” It was told that the Courts seemed to agree with this statement.

It is difficult to predict the Courts’ verdict at this current moment. However, it looks like the Courts’ views formed from the hearing may determine the future of the injunction. JYJ’s album was released in the market on the 14th. If the Courts’ accept SM Entertainment’s injunction as valid, all of the albums in the market will be recalled.

Both sides will be submitting additional documents till the 18th. The verdict is expected to be made later this month.

Source: [Sports Hankooki+DNBN]
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[TRANS] 101015 SM Even Sends Certification Of Contents To Warner Music Headquarters In USA

SM has begun their omnidirectional pressure on JYJ.

SM Entertainment filed an exclusive contract suspension and album sales prohibition injunction to the Seoul District Courts on the 8th. Though JYJ was granted independent activities in their injunction filed against SM Entertainment last year, SM believes that the contract they have signed with CJeS is an unlawful dual contract as the Courts have not suspended the exclusive contract between SM and JYJ.

SM’s pressure is even occurring overseas. It has been confirmed that SM has sent a certification of contents to the US headquarters of Warner Music Korea, the company in charge of distributing JYJ’s album. It can be seen that SM did this due to the fact that this album was one that was released simultaneously in various parts of the world.

However, the distributor of this album is Warner Music Korea. Warner Music Korea is offended that SM has sent the certification of contents, which calls for the recipient to take responsibility for the matter, to the US headquarters and not to themselves.

The Korean Federation of Pop Culture and Arts Industry has sided with SM. The KFPCAI has sent an official notice asking broadcasting companies and online music distribution companies to refrain from allowing JYJ to appear on their shows and from distributing their music. Their reason was that JYJ was causing a negative affect on the ‘Hallyu Wave’. However, many representatives of the industry believe they are doing this because JYJ has become a ‘thorn’ in SM’s side as they have created conflict with the entertainment agency. JYJ could not be seen on TV after 12th and their ranks on online music sites have stayed in the 10s since their music was released on the 14th.

JYJ is suffering from problems from their own country. These events were more shocking as they happened right after their showcase on the 12th. The wound was bigger as they suffered from 500 ticket orders for their showcase suddenly and simultaneously being canceled right before the show.

The reason JYJ decided to fight SM in a legal battle was to participate in free music-related activities. However, with it becoming harder and harder to perform, the foundation of the group is beginning to shake. With domestic stages shut off from them, JYJ are planning to greet their fans through overseas showcase events.

An entertainment industry representative stated, “A leading entertainment agency and talented singers are locked in an emotional battle. This is game with no winners. All it will do is create scars on both sides. There is a need to approach this issue from a broader perspective.”

Source: [Sports Hankooki]
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[TRANS] 101014 JYJ Side States, “The Label Company Will Respond To SM’s Legal Actions”

Regarding SM Entertainment’s album sales prohibition injunction filed against JYJ’s new album, JYJ’s side has stated, “We are not planning any particular response to it as of now.”

JYJ’s representative, in a phone call with SSTV on the 14th, stated, “We have no intention of responding to the injunction right now, and this is a problem the label company will respond to,” and “We will keep a close watch on how the label company and SM Entertainment will resolve this issue.”

SM revealed on the 13th that they filed an exclusive contract suspension and album sales prohibition injunction to the Seoul District Courts on the 8th against JYJ, CJeS and JYJ’s worldwide album ‘The Beginning’.

SM’s reason is that, “By releasing their albums through CJeS Entertainment even though the verdict has not been made on their lawsuit, there is a high possibility that this may lead into an unexpected third party legal dispute.” The exclusive contract lawsuit between the members of JYJ and SM Entertainment is still yet to be resolved.

The Korean Federation of Pop Culture and Arts Industry (KFPCAI) has also stepped up to support SM’s stance. Through an official notice to all broadcasting companies, label companies and online music distribution companies, the KFPCAI called for such companies to refrain from allowing JYJ to appear on their shows and even from cooperating with JYJ with their activities.

Regarding this, JYJ’s representative was careful with his words and did not say much as he stated, “We are not releasing an official response to the injunction or the KFPCAI’s actions for now but we will keep a close watch on everything.”

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Source: [sstv+Yuaerubi]
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[TRANS] 101014 SM Entertainment Files ‘Exclusive Contract Suspension Injunction’ Against JYJ-CJeS

◆SM States “JYJ-CJeS Exclusive Contract is Invalid
5 member group TVXQ, who appear to be walking down the same path as the epitome of idol groups, HOT, has been swept up in a dual contract controversy.

With JYJ’s debut album on the verge of being released offline, TVXQ’s agency SM Entertainment revealed on the 13th that, “There is a possibility that the current series of events may lead to another legal dispute,” and “We filed an injunction to the Courts on the 8th to stop all sales of their album.”

SM revealed that, “We filed an exclusive contract suspension and album sales prohibition injunction to the Seoul District Courts against JYJ (Kim Junsu and two others) and CJeS Entertainment (CEO Baek Chang Joo),” and “JYJ’s actions of signing a dual exclusive contract with CJeS Entertainment, even though the verdict has not been made on the lawsuit involving their current and still valid exclusive contract, they are violating the primal purpose of the verdict laid down last October regarding their injunction.”

SM added that, “It has been clearly revealed that the contract between CJeS Entertainment and JYJ is a dual contract. By releasing their albums through CJeS Entertainment, there is a high possibility that this may lead into an unexpected third party legal dispute with for example, the album distribution company, depending on the verdict laid down on the lawsuit regarding the validity of their current exclusive contract.”

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Source: [newdaily]
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T/N: This clarifies this article.
They have filed for an exclusive contract suspension and album sales prohibition injunction against JYJ-CJeS.

[NEWS] 101013 SM Entertainment Files Injunction Against Sale of JYJ’s "The Beginning" Album

With JYJ’s Jaejoong, Yuchun, and Junsu preparing to release their first official album, “The Beginning,” a law firm representative has just revealed that SM Entertainment filed an injunction against the trio, prohibiting the sale of the album.

The sale of JYJ’s first album is now left entirely in the hands of the court. However, since it will take a considerable amount of time before a decision is made, it’s highly likely that the album will be released onto the market first.

The reason behind SM Entertainment’s restraining order is said to be found in the problems still remaining in their contracts. It has already been over a year since the three filed a lawsuit against SME and began walking a separate path on their own.

“The Beginning” is to be distributed by Warner Music Korea. Stay tuned for updates on this breaking story.


Source: Star News
Credits: allkpop.com
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[NEWS] 100930 JYJ Up Against 2NE1 on K-Chart

For those who are wondering, the charts are calculated by combining:

Digital Music Charts (60%)

Album Sales (15%)

Number of hits on TV (15%)

Viewers Choice Charts (10%)

Credits: DNBN + Soompi

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[NEWS] 100629 TVXQ's Jaejoong, Junsu, and Yoochun File a 3-Billion-Won Lawsuit Against SM Entertainment

From left, Hero Jaejoong, Micky Yoochun and Xiah Junsu [SM Entertainment]

Three members of boy band TVXQ, namely Hero Jaejoong, Micky Yoochun and Xiah Junsu, have filed a lawsuit worth three billion won, equivalent to nearly 2.5 million dollars, against major talenthouse SM Entertainment.

According to the Seoul Central District Court on Monday, the three singers brought suit against SM, demanding that they be confirmed their 13-year exclusive contract with the agency had been nullified, along with one billion won each, part of their share of profits they claim to have failed to receive.

The three had applied for provisional disposition of their contract with SM last July, saying it was too long and unfair, to which the court ruled in partial favor of, stating that SM cannot interfere with their individual activities.

This led to a halt of their activities as a five-man band in Korea and a few months later in Japan. The three then formed a separate group, signing with Japanese agency AVEX, through which they declared they would pursue their singing careers.

After giving a series of sold-out concerts in Japan just two weeks ago which they held to "express gratitude to fans," the new trio have been gearing up for their debut which is set to be produced by prominent U.S. musicians Kanye West and Timbaland.

Meanwhile, SM too had sued the three singers in mid-April in a suit worth 2.2 billion won for the damages the agency and the remaining two members, U-Know Yunho and Max Changmin, have suffered from the legal battle.

Since their 2004 debut, TVXQ, discovered and managed by SM, had arguably been one of the most successful K-pop acts in Asia with reportedly the largest fanbase in the world.

Enjoying great success in the Japanese music industry in particular, they became the first foreign artist to top the Oricon singles charts six times and placed their single and album simultaneously within the top three slots of Oricon's singles and albums chart, the first time for a foreign artist to do so in 15 years.

Reporter : Ko Kyoung-seok kave@
Editor : Jessica Kim jesskim@
<ⓒ10Asia All rights reserved>


Source: Asia Economic News
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[TRANS] 100628 JYJ files lawsuit against SM

News released by the Seoul Central District Court on the 28th states that the TVXQ trio have filed lawsuit against SM demanding earnings from album sales.

(parts omitted)

Whilst SM maintains that a 13 year exclusive contract is necessary to compensate for time lost during overseas activities, the trio argue that other artists with overseas activities have much shorter contracts e.g. SS501 have a 5 year contract, Big Bang have a 6 year contract and the Wonder Girls have a 7 year contract. This provides full proof that having overseas activities does not in any way necessitate a longer contract, as SM claims.

They also contend that SM must first pay each member (of the trio) 10 billion won. To date, TVXQ's revenue has totaled to 60 billion won; excluding any other supplemental fees, SM should pay each of the five members 10 billion won.

Last October, the court made the decision that SM must no longer interfere with any of the trio's individual activities.

Source: TVXQBaidu + ohmicky

Trans by: dorfehh@DBSKnights

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[TRANS] 100528 Who’s In The ‘Jjilgeum Quartet’ To Face Off Against Micky Yoochun?

T/N:This news was confirmed by Raemong Raein on June 17th, 2010.

The ‘Jjilgeum Quartet’ of ‘SunKyunKwan Scandal’, who will face off against Micky Yoochun and Song Joong Gi, have caught the attention of netizens.

The drama ‘SungKyunKwan Scandal’, which is garnering great attention for its casting choices of Micky Yoochun, Song Joong Gi and Yu Ah In, has created a ‘Jjilgeum Quartet’ to face off against Joseon Dynasty’s F4, the ‘Jalgeum Quartet’.

‘Jalgeum’ is slang from the novel which describes a man who is so handsome that he can make a woman’s heart stop merely by walking past her. ‘Jeon Taesu-Kang Sung Pil-Chae Byung Chang-Kim Dong Yoon’ have been cast as the ‘Jjilgeum Quartet’, the scary(?) seniors of the ‘Jalgeum Quartet’.

This new quartet will become the antagonists who will bring about tension and laughter to the drama.

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Source: [tvreport+Raemong Raein]
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