[INFO] 110221 SM’s Objection DISMISSED: [Summary / Explanation] 

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Submitted by: Inklette@DNBN

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[TRANS] 110217 SM’s Official Statement On Courts’ Dismissal “The Trial Has Only Just Begun”

“The legal battle has only just begun.”

SM Entertainment has released an official statement regarding the Seoul District Courts decision that, “The verdict laid on the injunction filed by JYJ’s Kim Jaejoong, Kim Junsu and Park Yoochun is valid.”

On the 17th, SM revealed that, “SM and JYJ’s legal battle is still not over,” and “The decision laid down by the Courts on the 17th was made only with regards to the injunction; it does not mean that the exclusive contract between SM and JYJ is invalid.“

They continued to add, “We are currently involved in the trial on this issue and a witness examination date has been set for mid-March. We will use only the objective truth and facts to prove the validity of the exclusive contract.“

source: [edaily spn+Yuaerubi]
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[NEWS] 110218 Court rules in favor of JYJ in a dispute with SM Entertainment

T/N There are 2 news in this article

[News] 110218 Court rules in favor of JYJ in a dispute with SM Entertainment

JYJ, a pop trio consisting of members from one of Asia’s favorite groups, “Dong Bang Shin Ki,” has won its legal battle to work independently from its management company.

When three members of the quintet, namely Kim Jaejoong, Park Yoochun, and Kim Junsu (more commonly known as Hero, Micky and Xiah), formed JYJ, SM Entertainment claimed the action was a breach of contract.

JYJ members Kim Jun-su (left), Kim Jae-joong (center) and Park Yoo-chun hold commemorative plaques at the appointment ceremony as goodwill ambassadors for the robot competition FLL KOREA in Seoul on Thursday. (Park Hyun-koo/The Korea Herald)

However, Seoul Central District Court dismissed Thursday the injunction request filed by SM Entertainment, thereby allowing JYJ to negate its contract with the company. The court had already ordered on Oct. 27, 2009 that SM Entertainment should not interfere with JYJ and its management agency CJes Entertainment’s activities.

According to the court, the exclusive contract cannot be considered legal for the following reasons: 1) The contract violates the right to privacy, establishing a “dominant-subordinate exclusive” condition, forcing members to obey the agency. 2) JYJ has weaker negotiation capability, having no choice but to follow SM’s decision. 3) The long period of the “dominant-subordinate exclusive” contract cannot be justified as a reduction of investment risk or to penetrate abroad. 4) The articles such as excessive penalty also result in a stronger “dominant-subordinate” relationship.

Other provisions that pushed members into a disadvantageous position were also invalidated, the court official said.

The court also said SM Entertainment’s injunction was a violation of the earlier court ruling not to interfere with JYJ.

A representative of CJes Entertainment, Back Chang-ju, said, “I express my gratitude to JYJ and staff members for their help in fighting a battle with Goliath.

“I believe that this is the victory of justice, and I hope that there will be no more interference with our activity for ridiculous reasons like double contract.”

(Herald Online)

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[News] 110218 JYJ Win Legal Battle with Former Management

JYJ /Yonhap

JYJ, formed by three former members of boy band TVXQ, are now officially on their own and no longer under the influence of their former management agency SM Entertainment.

The Seoul Central District Court on Thursday dismissed a lawsuit filed by SM Entertainment against JYJ over what the band said was an unfair contract between the two parties. JYJ asked the court in 2008 to suspend the contract, and the court agreed, but SM Entertainment brought an injunction.

The band said their 13-year contract with SM Entertainment was unjustifiably long and it prevented them from receiving a fair share of the profits they generated. Since then, they have separated from TVXQ and created JYJ, which is shorthand for their names — Jae-joong, Yu-chun, and Jun-su.
englishnews@chosun.com / Feb. 18, 2011 12:13 KST

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[NEWS] 110218 K-pop trio JYJ scores legal battle win

JYJ members (from left) Xiah Junsu, Hero Jaejoong and Micky Yuchun on the cover of their mini-album “The…”

SEOUL: Korean pop trio JYJ is one step closer to their goal of extricating themselves from a 13-year contract with former employer, entertainment giant SM Entertainment, after a court victory on Thursday, reported Korean media.

SM Entertainment had previously filed an objection against an earlier court decision, which deemed the contract between the company and JYJ unfair and ordered SM Entertainment to stop interfering in JYJ’s activities.

The company claimed that it was illegal for the courts to prevent SM Entertainment from pursuing its interests, as laid out in the exclusive contract between the company and JYJ members Hero Jaejoong, Micky Yuchun and Xiah Junsu (all former members of SM Entertainment’s boy band Tong Vfang Xien Qi).

However, Korean courts dismissed SM Entertainment’s objection and upheld its October 2009 ruling that the trio are free to go about their activities without having to pay any damages to SM Entertainment as the contract between them was unfair.

Korean courts pointed out that the 13-year contract duration and clauses which heavily penalized artistes who wanted out of the contract, “could not be justified by the investment risk undertaken by the company” for signing the artistes.

The courts also turned down SM Entertainment’s request to suspend JYJ’s contract with their current employer CJES Entertainment, explaining that the request was submitted at a time when the court order for SM Entertainment to leave JYJ alone was still in effect, which made the request invalid.

After the court victory, CJES Entertainment Baek Chang Ju expressed that he was overjoyed JYJ will “no longer be plagued by accusations of double contracts” and thanked JYJ fans for their support.

JYJ member Xiah Junsu also tweeted that he was very grateful to the fans for “not letting go” and giving JYJ the strength to keep going.

An SM Entertainment spokesperson told Korean media that the company is still working to prove that its contract with JYJ is valid and that “the legal battle between SM and JYJ is not yet over”.

-CNA/ha

credit: channelnewsasia
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[TRANS] 110217 Courts Dismiss All SM Injunctions & “Legally Guarantee JYJ’s Independent Activities”

The Seoul District Courts has dismissed all formal objections against JYJ’s injunction as well as the exclusive contract suspension injunction filed by SM Entertainment against JYJ’s Kim Jaejoong, Kim Junsu and Park Yoochun.

On the 17th, the Courts made it known that they have dismissed all claims filed by SM Entertainment, which is the agency’s formal objection against JYJ’s injunction as well as its exclusive contract suspension injunction.

This means that the Courts have emphasized their decision that the contract signed between the members of JYJ and SM is invalid and that the members’ independent activities are guaranteed. They have also publicized that SM Entertainment cannot interfere with JYJ’s activities in the entertainment activities on the claim that their contract with the agency is still valid.

The Courts laid down the verdict that SM Entertainment’s formal objection is invalid on the premise that:
▲the exclusive contract in question can be categorized as a submissive contract as it does not give the celebrity the freedom of choice and instead forces him to follow the orders of the entertainment agency
▲the members of JYJ could do nothing but follow SM’s orders as they were placed in an inadequate position compared to SM in terms of bargaining power
▲the exclusive contract’s extreme long-term subordinate nature cannot be justified by pretexts including the decrease of investment risks and ensuring a stable entrance into foreign markets
▲other than the long-term nature of this exclusive contract, clauses including that which gives SM Entertainment direct superintendency over JYJ’s every move as well as that which calls for excessive compensation for a breach of contract strengthen the submissive nature of this contract and place the members of JYJ in an unilaterally disadvantageous position.

Regarding the injunction filed by SM to suspend the exclusive contract signed between the members of JYJ and C-JeS Entertainment, the Courts dismissed the injunction on the grounds that:
▲as long as the verdict made on October, 2009, which includes the decision that SM must not interfere with JYJ’s independent activities in the entertainment industry, is valid, SM’s request to suspend the validity of the business commission contract signed between the members of JYJ and C-JeS Entertainment is not allowed as it goes completely against the previously stated verdict
▲and stressed that SM cannot exert the direct superintendency, given to them by their exclusive contract, over JYJ’s activities in the entertainment industry as of now.

Source: [osen+DNBN]
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[TRANS] History of ‘S.M The Ballad – Miss You’

I can say this…… now that the promotional events are already over…… This is the background sad love story of “Miss You”……

Trax, Super Junior, SHINee fans should all be familiar with this song “Miss You”, even if you didn’t hear the song before you should be able to recognize the name……

Actually, the song originally belong to SHINee
This is before the group have confirmed on the name SHINee, Onew and Jonghyun already recorded this song in a duet form, and planned on using this song in their debut album…… At that time the rap section used Minho’s smooth rap….. Attractive rap……@______@
But it didn’t fit the overall image of the album, so they planned on having it released in a single format

However the grouping suddenly changed, the confirmed it would be TVXQ’s Xiah Junsu, Super Junior’s Kyuhyun, and SHINee’s Jonghyun to perform this as a trio……
They finished recording this song~ And um…… the trio’s voice blended well~ very attractive~

BUT!! 2 month before the album was to be release, Junsu declared to leave the group……

So after a very long time, this group changed to include new members Jay and Jino to perform…… this became “Miss You”

Finally released after a long long journey. 3 years……
Grateful it finally got released
Sometimes I would listen…..
Onew and Jonghyun’s version
Kyuhyun, Jonghyun, and Junsu’s version
Even though it’s regretful that I’m the only one that can enjoy all of these versions, but because of this I meet JINO, it’s a happy experience. ^^

source: daiki
credit: The SHINing Club
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[TRANS] 110209 Reporter’s Tweets Regarding SM And Entertainment World

“Today, a reporter from the weekly magazine “In Current Affairs” posted honest and truthful tweets about SM and the Korean entertainment world so I decided to introduce it here.
The news from this magazine is greatly trusted in Korea. To confront the tyranny of those who have power, an effort to convey accurate and fair vision for the rights of people, the weekly news magazine is trusted highly.”

Tweets:

When you look closely the entertainment world seems to be like a place for politics too. Comparing the power between Entertainment companies vs. Broadcasting stations, comparing the power between companies, comparing power between companies and affiliated celebrities, comparing power between celebrities themselves… I want to investigate the entertainment world through the viewpoint of politics.

Sm’s President Lee Soo Man’s leadership seemed to model a “paternalistic” leadership. Having to lead such a large family, the biggest worry in his mind is the withdrawal of members. Regarding this problem the method he has taken is punishment.. A thorough method: “If you leave SM, it’s Siberia for you!”

He who shows a father like leadership, President Lee Soo Man are cold to the entertainers that leave his home but is warm to the entertainers that remain. Belonging to other companies, he sttil does do things such as re-employing the different members as vocal or dance trainers. Seion, So it is this strategy of hot and cold that they are using. (T/N: Hot and cold in the sense that they welcome them and then just as easily turn their back on them)

In this game of competition between entertainment companies, there is one absolute rule they will never break. The rule is “among large entertainment companies, they never take in entertainers that have left their former company”. But then those celebrities that are now outside the fence of their company can then act in order to benefit themselves. There is this kind of invisible trick too.

By saying that the entertainment world is like politics, this can be illustrated by observing the behavior of the lawyers of these professional celebrities. Lawyers who work in this field rarely go to courts regarding lawsuits against large entertainment companies. The funny thing is that the people in these companies were the people first started off saying that they would protect the rights of these celebrities. As if he was a legislator doing what was for the better good for the public.

SM President Lee Soo Man’s paternal leadership reaches into Japan too due to their partnerships with Avex. But I think that is the extent to which it reaches. Celebrities that leave companies cannot be viewed as traitors because all that remains is the unfair contracts regarding the rights of these celebrities.

credit: dolphinkickkor
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[TRANS] 110206 Penalty of Breach of Contract for Tohoshinki is Over 10 Billion Yen

The pioneer group of the K-pop boom in Japan Tohoshinki who went through a breakup turmoil recently appeared at a music event at Tokyo’s Yoyogi Stadium after one year and one month of silence. The group resumed their activities with two members Yunho (24) and Changmin (22) and received the unchanging warm welcome from their Japanese fans. Their new song “Why?” also acquired the top spot on Oricon Daily Chart on the day of its release.

However, in October 2009, in the midst of their breakup turmoil, Seoul District Court disclosed a “temporary measure” decision whose content was shocking.

“All rights and privileges that the group get from TV programme and stage performance as well as public activities in and outside of Korea belong to the production company.”

“All copyrights including the copyrights for lyrics, music, arrangement; reproducing right, duplicating right, recording right, distributing right, broadcasting right, performing right, karaoke distributing right, and the right to produce secondary products are all transferred to the company.”

An official who knows a lot about Japan & Korea’s entertainment industry explained:

“In Japan, artists are paid a part of their singing right, and copyrights of lyrics, music and arrangement. At that time, among the 5 members, each other them were paid 0.4-1% of their profits. Moreover, if they were not able to sell more than 50,000 copies, then there would be no guarantee for their pay.”

There was also a penalty. If there was a violation in the contract, then they will be required to pay a total amount of 3 times of the investment to be made on them plus 2 times the profits during the rest 6 years of the remaining contract as compensation. “The penalty for breach of contract is more than 10 billion yen ($121 million),” said the official.

During the breakup turmoil, Jaejoong (24), Yoochun (24) and Junsu (24) performed their activities in Korea and other countries under the name “JYJ” while still being in a conflict with their former agency.

Recently, Junsu made a comment about his former agency on Twitter, “I thought that the 5 of us thought of him/them as our enemy… but you don’t seem to see him/them as your enemy,” expressing his feelings of distance with the other 2 members.

The support of the fans are also complicated. There are fans who say, “I want to see the 5 of them once again,” and there are also fans who severely criticizing the 3 members calling them “ungrateful”. The style of Korean entertainment industry is to invest largely in their idols, bind them with long-term contracts, and carefully train the newbies. It is probably hard for Japanese to understand this style, but with that force, the Korean wave is currently sweeping over Asia.

T/N: The source is a source affiliated with Sanspo, one of the biggest newspapers in Japan.

source: Zakzak
translation: linhkawaii @ OneTVXQ.com
credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
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[NEWS] Avex talks about TVXQ’s revival and new K-pop contracts

Avex made some announcements on Wednesday regarding its contracts with several Korean artists, particularly TVXQ. That group, which has been on hiatus since April of this year, will be resuming activities with only two of its five members – Yunho and Changmin.

Contract issues led to a fallout between TVXQ’s members and their Korean management agency, SM Entertainment. Since April, the other three members of TVXQ – Junsu, Jejung, and Yuchun – have been signed with a different agency, and they have been performing under the name JYJ for several months. However, SM Entertainment stated that Yunho and Changmin “have not given up on the dream of TVXQ.” As a result, they will revive the TVXQ name in 2011.

Details of their activities are still unknown, but they are expected to restart in January. According to Sankei Sports, one source has said that a new song is already in production for a planned CD release in Japan.

Besides TVXQ, Avex has had contracts with two other SM Entertainment artists, BoA and J-Min, for several years. On Wednesday, they re-announced that they have completed exclusive contracts with two more artists, SUPER JUNIOR and f(x).

It was already revealed several weeks ago that SUPER JUNIOR will be holding three concerts at Yokohama Arena next February to accompany their debut release.

source: Sankei Sports, Tower
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[TRANS] 101124 SME Artists Sign On With Avex Group

The following is the press release that was released today.

—————————————-

—————–

Tie-up between S.M ENTERTAINMENT JAPAN Inc and Avex Group.

S.M ENTERTAINMENT JAPAN Inc has signed exclusive contracts for their artists with Avex Group, including BoA, Tohoshinki and J-Min, who have previously been with Avex. This has forged a closer alliance between both companies.

In addition to the artists mentioned above, both companies have signed new exclusive contracts for SUPER JUNIOR (※1)and ｆ（x）(※2), both groups that have successfully broken into Korea. Henceforth, for all S.M ENTERTAINMENT JAPAN Inc artists mentioned above, their Japanese career advancement will be managed by S.M ENTERTAINMENT JAPAN Inc, with Avex Group acting as their recording label as well as their management agent, giving full support to all their activities.

Furthermore, with regards to Tohoshinki, Yunho and Changmin will soon be re-starting their artists activity as a duo.

From now on, we thank you for your warm support towards the artists of both companies, namely, BoA, Tohoshinki, J-Min, SUPER JUNIOR and f(x).

※1 A 13-member male unit. Debuted in 2005.
※2 A 5-member female unit. Debuted in 2009.

Avex Group Holdings
S.M.ENTERTAINMENT JAPAN Inc.

———————————————————

We humbly seek your understanding and thank you for your support.

t/n: this press release was sent to all official Bigeast members, and whatever is written out of the “—” is directed at Bigeast.

Source: [Bigeast]
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[NEWS] 101123 TVXQ VS JYJ, SM “We won’t wait anymore”

Finally SM Entertainment has to release TVXQ comeback with only 2 members namely U-Know Yunho and Choikang Changmin.

It’s been a year since SM Entertainment released the “return” ultimatum to the three members Micky Yoochun, Xiah Junsu, and Youngwoong Jaejoong in last November.

At that time, SM Entertainment released a statement to reporters through a public press conference, “We will start the activities of TVXQ in spring 2010, we’re welcoming them to comeback before then.” After the previous announcement, SM who had been waiting for a year, has to formulated the comeback of TVXQ to consist only 2 members eventually.

The two members will return to music industry with a new album in spring 2011, activities schedule that ranges from Japan, Korea, and all over Asia is expected to unfold. Since TVXQ was highly popular, whether the TVXQ that only consists of 2 members is able to keep the big name of their own group starting to become a hot issue recently.

SM on the 23rd at the official website, “As been implied by the preliminary injunction rule, TVXQ activities should be held under SM. We had proposed to the three members to have activities as TVXQ, unfortunately we keep hearing nothing from them. Therefore in consideration to the long future of the group, we have to make this following decision.” explaining the background of the two members’ comeback.

SM Kim Young Min on November 2nd last year stated the company’s ultimatum in the press conference through an official representative. “The recent condition implies that eventhough the three members are able to determine their individual activities, they’re still only able to work as TVXQ under our company. We have scheduled TVXQ comeback activities in Korea in next spring. Hence to prepare for it the three members have to respond to this proposal by the coming 10 days which is on November 12th.”

U-Know Yunho, Choikang Changmin also revealed their feeling through a written document today, “We will continue to keep the promise with SM. Before the other three members started their cosmetic business, we shared the same dream to be able to comeback together as well. Yet in order to have a comeback in next year’s spring we’re required to prepare for at least 6 months. So if we still want to work as TVXQ, we need to make a decision soon before it’s too late.”

The remaining three members, in the other hand, had formed a new group called JYJ and already started to mark their start by launching their first album ‘The Beginning’. ‘The Beginning’ stands for ‘a brand new start’ and is released in both South Korea and United States through Warner Music. It seems that JYJ has committed for a prolonged activities.

credit: osen
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[TRANS] 101123 Official Statement From SM: 2011, TVXQ To Return To Your Side!

Hello, this is SM Entertainment.

Since a series of events occurred including three members of TVXQ breaking away from the team, we SM Entertainment (noted as SM) have been refraining from having U-Know Yunho and Choikang Changmin participate in music-related activities for a long period of over a year.

For the feelings and dreams of the two members and the company to protect ‘TVXQ’,
and thinking about the hearts of the fans, who have been showing an unchanging love to TVXQ, we have been waiting for a long time.

As it was stated in the injunction verdict, all TVXQ activities must be done through SM.
Regardless of this fact, the trio have unfortunately continued to be unresponsive to the proposal SM sent them regarding continuing activities as TVXQ.
Therefore, after much thought and consideration, we have made the following decision.

For U-Know Yunho and Choikang Changmin, who have not given up their dream of ‘TVXQ’,
and who have been unchanging and kept their place,
and to continue the existence of ‘TVXQ’, a group we have created with much care over such a long period of time,
we have decided to keep preserving ‘TVXQ’ with the two members.

This is because we made the decision that ‘TVXQ’ must continue,
no matter what happens,
at least for the love and faith of the countless number of fans who have been helping make TVXQ what it is with us.
But, we will not rule out any possibilities that many appear in the future.

Also, we believe that continuing the existence of ‘TVXQ’
is the least we can do to repay all the fans for loving and waiting for ‘TVXQ’.

As the people who have been with ‘TVXQ’ since the group’s birth and growth,
We SM will keep preserving ‘TVXQ’ into the future.
Furthermore, we will not hold back when it comes to effort or support for the ‘TVXQ’ activities that will soon commence,
We will do everything we can for them.

We ask you for great anticipation and warm support for ‘TVXQ’, who are finally making a comeback in 2011.

Source: [TVXQ Official Website+DNBN]
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[TRANS] 101116 TVXQ-SM Battle In Court Concerning The Validity Of Their Conctract

TVXQ’s 3 members (Kim Jaejoong-Kim Junsu-Park Yoochun) and SM Entertainment battled fiercely in court over the question of the validity of their exclusive contract.

At the hearing of Civil Case No. 48 (Chief Prosecuting Attorney Lee Lim) at the Seoul District Courts on the 16th, the first date of pleading, the representatives of SM and the trio refused to back down from their stances as they respectively stated, ‘TVXQ’s contract period of 13 years was inevitable for their entrance into foreign markets’ and, ‘The period of the contract was decided upon without the consent of the members.’

SM’s legal representative explained that, “The period of the contract was agreed upon as both sides shared mutual financial purposes and motives,” and “As TVXQ was created with the purpose of targeting foreign markets from the start, the long contract period was an established and agreed upon prerequisite for a stable entry into foreign markets.”

He emphasized that, “If there was a lack of support or an unfair income distribution during TVXQ’s activities, the exclusive contract would be a problem, however, TVXQ has always received the best treatment possible that is far superior to that of other artistes in the industry.”

Also, the representative added, “The trio did not raise a single objection regarding the content of the contract since their debut, until they decided to bring up the problems of the exclusive contract after they clashed with the agency on the issue of the cosmetic company they actively invested in during the months of 2008,” and “They have been neglecting their activities, stating the lawsuit as a reason for their neglect, and because of this, the other members and the agency have been incurring immense damages.”

Regarding this, the trio’s legal representative refuted the previous statements as he said, “The Fair Trade Commission has acknowledged seven years as the maximum length of a contract,” and “TVXQ’s contract was invalid from the start as there have always been unfair clauses within the contract including unfair income distribution, excessive compensation penalties and a contract period that is too long.”

He emphasized that, “We cannot accept SM’s stance and the agency’s claim for compensation when their entire argument is based off an invalid contract,” and “Before we pick at anything else, we must make it clear whether this contract is valid or not.”

(omitted)

The next hearing will be held on December 7th, at 2pm at the Seoul District Courts, and two SM employees will attend as witnesses and testify on what the situation was like when the contract was signed.

Source: [Newsis]
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[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.

(omitted)

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] 101019 JYJ ‘Munsan Document’ Turns to be ‘Official Document’

Korean Federation of Pop Culture and Art Industry (KFPCAI) (here after Munsan) on last October 13th sent out official letters of request to three public broadcasting stations MBC, SBS KBS, as well as cable broadcasting station, and other various online album distribution sites to refrain JYJ from making appearances on shows and halt album sales.

This letter of request seems to be in conform with SM Entertainment’s action on the 8th, that was filing a provisional injunction application to Seoul Central Distric Court against JYJ exclusive contract and to ban the sales of their first world wide album ‘The Beginning’, after this news became widely known, it’s been caused a considerable stir into the already high-tense situation.

Mass media reported the issue as “For JYJ who just make a comeback, this is definitely going to be an undesirable ‘reef’ to threaten their future activities”.

Chairman of Munsan clarified this issue that is accused on them, “Rather than memorandum, the document letter is merely just a request.” as he said through interview with press media, “We sent request with each broadcaster name printed on the letter to restrain the appearance of JYJ, it’s not even an official document sent massively like it’s been known.”

To call it not an official document, Munsan chairman stressed that the letter was sent to become each station’s review, instead of oppression on them. “The letter is just a request, and far from what people said an oppression to each broadcasting station. We’re still waiting for conclusion result of SM Entertainment litigation that is currently in progress.”

However, despite the explanation of Munsan’s chairman, the request document whose content was exposed later to public had a formal document format thus put everyone in frowned.

The document has title ‘Request to Refrain From Broadcasting JYJ Appearances’ with date printed was October 11th, and the content revealed , “Korean Federation of Pop Culture and Art Industry (as Munsan was referred) sent you this official memorandum in order to protect the cultural development and hallyu wave of South Korea.” as written at the body letter. Document’s ID number was not fail to be included as well.

Fans who had checked how the document was arranged gave offensive comments, “This letter is basically equipped with everything needed to be an official document, thus how come he announced to media that this is not an official document.”

Regarding the memorandum, fans–based on information reported to the Fair Trade Commission–submitted petition to the court to embark on subsequent action plan.

source: todaykorea
trans by: sharingyoochun.net
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[NEWS] 101018 SM “TVXQ Yunho – Changmin’s comeback is not yet determined”

TVXQ agency released an official statement regarding TVXQ Yunho and Changmin preparing for a duet comeback.

SM Entertainment clarified to Newsen through phone call on the 18th about the news of Yunho and Changmin are getting ready for a comeback, “There is nothing that has been decided yet,” he said, and continued, “A specific plan is not yet to release,”

SM Entertainment has been in conflicts with Xiah Junsu, Micky Yoochun, and Youngwoong Jaejoong who teamed up under name JYJ and recently released a worldwide album, therefore a lot of eyes have been piercing towards the other two members’ future activities in return. Furthermore, the fact that the two members had performed their new songs in SM TOWN Concert has caused great expectations towards the preparation of their duet album.

(omitted)


source: Newsen
trans: sharingyoochun.net
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[VIDEO+TRANS] 101018 JYJ Black Fanboy, Expressing Disappointment Towards SM Through Video

A video of a black man who claimed himself as fan of JYJ (Jaejoong, Yoochun, Junsu) expressed his complaints towards SM Entertainment (SM) that is uploaded in YouTube has been a hot topic.

On October 13th at video sharing site YouTube, a black man video was uploaded where he said that he’s fully excited to finally get JYJ’s first album ‘The Beginning’ at his hand, and he also spoke out his frank criticism towards SM.

The black man, “I heard the news about preliminary injunction application to ban JYJ album sales, yet I guess there won’t be any problem with the court’s verdict.” as he said, “Now they work as JYJ, which means you have no rights anymore to intervene their activities. Take your hands off JYJ now.”

Furthermore he said, “I’m not trying to be ignorance, but I believe the court will rule in the way I think they will anyway. So do you think I have to even explain more about that? (SM) you have all great artists, don’t you? So stick with them and turn off the nerves to stop JYJ. Don’t bug artists who turn away from you because you treat them as slave.”

To the two members who are currently left at SM side Yunho and Changmin, he cited, “I love you guys, and I can’t wait to have you all to comeback as five together.”

The man stressed that he was TVXQ fanboy and he got introduced to South Korea by listening to SHINee’s ‘Replay’ at the beginning, and ever since, he started to sing Korean song and has been going in deep interest to South Korea music.

Fans who watched this video gave hot comments such as, “Jackpot”, “What an outspoken remarks, it’s refreshing”, “The black brother is interesting. I’m also delighted to receive my album”, “SM you should watch this video”

AKTFnews

credit: Newsen
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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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