Tuesday, December 29, 2009

Changmin too thin

TVXQ members Changmin brought sadness among fans for his weak and thin appearance.
Changmin’s recent appearance that was captured, showing the lean figure of him, has been matter of concern among his fans.
This picture which is assumed to be taken by fans has been spread through fansites showed the spirit-less Changmin, steadily skinnier, with no smile, and his expression was also dark.
After the picture was spread rapidly through internet portal sites, fans showed their concern towards this situation by leaving comments such as “You should eat food more.” “He’s too thin” “His small face looks even much smaller”
credit: tvdailytrans: sharingyoochun.net
credit and pictures: http://sharingyoochun.net/2009/12/29/news-091229-tvxq-changmin-becomes-skinnier-recently-fans-its-a-pity/

Friday, November 6, 2009

CreBeau Speak Out

Beginning from yesterday, SM Entertainment sure has been saying a lot in regards to the DBSK lawsuit snafu that’s been going on these past few months. A week or so ago, the income division stats from DBSK’s contract were released to the public. which incited much reaction. Therefore, when SM held a press conference yesterday to address the court order issued in favor of DBSK, many presumed that the unethical contracts would be the topic of choice.
However, this proved to not be the case. Although SM Entertainment CEO, Kim Young-min, did briefly address the length of the contract, most of his statements were directed towards Jaejoong, Yoochun, and Junsu’s involvement with a cosmetic company called Crebeau. In short, SM claimed that the trio had made significant investments in Crebeau without SM’s knowledge, which then caused legal damage towards SM. SM also claims that the trio were belligerent towards SM in regards to their relationship with Crebeau, and would not allow SM to see their contracts with Crebeau. From what one can judge from the press conference, SM Entertainment is using Crebeau as their primary defense in this lawsuit. The trio, on the other hand, has said that they have since pulled out of relations with Crebeau, and that the core of the issue are the unlawful ’slave’ contracts, not the cosmetics company.
Now, Crebeau has released their official stance regarding their role in the case…and it is not SM-friendly.
To preface, it should be noted that SM has used Crebeau as their primary defense since the beginning of the lawsuit, an action that Crebeau has denounced. On October 4th, Crebeau CEO Kang Suk-won sued Kim Young-min on charges of slander.
Kang Suk-won stated that the lawsuit was exclusively regarding the unfair income division between DBSK members and SM, and that Crebeau was a completely irrelevant factor in the case. He then accused SM of trying to place the blame squarely on Crebeau.
The CEO then proceeded to reveal the ‘real’ details of the trio’s relation with Crebeau. It was revealed that Jaejoong, Yoochun, and Junsu had invested between USD$40,000 and $70,000 in the company, which was not nearly enough for them to gain any sort of ownership to the business, let alone raise personal profit.
Crebeau’s statement then revealed that SME representatives had paid a visit to Crebeau’s headquarters in China twice and, after review, found the trio’s contract with Crebeau to be non-conflicting with their contract with SM. Kang emphasized that SM’s current beef with Crebeau is due to the trio’s Crebeau contract infringing upon their SM contract. The SM representatives’ reactions at the time, however, contradicts such claims.
“The members wouldn’t risk all the things that they gained as TVXQ by creating a conflict with their company over insignificant investments. It was a private investment,” stated the CEO. “The three have no ownership over the business in any way. They’re merely investors…What does this have to do with the lawsuit, and why is SME attempting to connect the two together?”
Crebeau then stated that SM’s legal involvement of the cosmetic company led to significant business damages in Crebeau’s performance abroad, especially in Taiwan, Hong Kong, Japan, Vietnam, and the United States. Additionally, considering that many Crebeau employees and execs view Crebeau as their only source of income, Kang stated that SM should have thought further about the implications of their actions before putting an innocent company and its employees at risk.
“If SM’s company and its profits are so important that they are willing to harm others for it, then SME should recognize that it is the same for others,” Kang stated.
So considering this newest statement regarding the lawsuit, as well as SM’s dependence on Crebeau as a supposed trump card, what does this mean for SM’s status in their court battle? Many are speculating that, with their one legal platform kicked out from underneath them, SM will start targeting the unity of DBSK members themselves, accompanied by attempts to manipulate public opinion regarding the members, since it seems that the DBSK members are the only valuable device that SM has that can be ‘used’ to their advantage. Yunho and Changmin’s personal statements, whether genuine or otherwise, seem to have already been wielded as one of SM’s weapons. What will come next? That seems to be the question of the hour, as DBSK fans everywhere anxiously await developments.

credit: http://seoulbeats.com/2009/11/crebeau-speaks-up-on-dbsk-lawsuit/

Sunday, November 1, 2009

Contract Areement

The Court has granted the injunction filed by the members of TVXQ against SM Entertainment.The Court found that the Contract between SM and the Members was unconscionable and against public policy. Following this victory, the Members are proceeding with the main suit to ask for the rightful shares of all income generated from their activities.
The following is a summary of the outrageous terms of the Contract that relates to the distribution of income. The clear conclusion is that the TVXQ members have received next to nothing for their six years of work, and that virtually all money we spend to buy SM products stay with SM. Please read the below to see the extent of the injustice.
Please keep in mind that SM’s contract with TVXQ has been amended five times and therefore the applicable terms have varied over time. Accounting for all the resulting complexities, the truth adds up to the following:
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I. TVXQ has received $0 for their album sales prior to July 2008, and only a negligible amount after that date.
Prior to the fifth and final round of amendments on July 1, 2008, the Contract read that for any album or single with sales not exceeding 500,000 copies, SM would be entitled to 100% of the profits, leaving the members with nothing. From the time of TVXQ’s debut in late 2003 and until TVXQ’s release of their 4th Korean album “Mirotic” in September 2008, no Korean album had sold more than 500,000 copies. Therefore, prior to July 2008 TVXQ has had absolutely zero income from their album sales.
On July 1,2008, SM amended the Contract to give each Member 1% of total sales for each album that sells over 200,000 copies. For any albums that sell fewer copies, the members are to receive 0.6% to 0%. SM has not honored even these outrageous terms, as it has not paid TVXQ a single cent since February 2009.
In sum, SM has kept 100% of all sales that TVXQ has generated with the sales of their albums and singles prior to July 2008, and has kept 95% or more of the sales after that date.
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II. TVXQ has received $0 for the sales of concert DVDs and albums featuring recordings from such concerts.
Under the Contract, the Members are not entitled to receive any share of the profits generated from sales of concert DVDs and “live” albums.
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III. TVXQ has received $0 for their appearances on TV programs.
Under the Contract, Members are not entitled to receive any share of the profits made through their TV appearances if the appearance is of a temporary nature. As all programs on which TVXQ appeared have featured the Members as “guests”and therefore by nature have been temporary, SM has kept all profits that TVXQ has generated from these TV appearances.
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IV. For all other possible sources of revenue, SM subtracts from the total revenue all expenses, including salaries of other staff, stage preparation expenses, rent, travel expenses, food expenses, and the like, then gives TVXQ only a fraction of the remaining amount.
As for all other sources of income, the Contract states that TVXQ is entitled to varying percentages of the “net income.” The Contract defines “net income” to be the amount remaining after the applicable “operating costs”. The “operating costs” are defined to include such expenses that are traditionally expected to be covered by the employer, including but not limited to 1) salaries of the staff (manager, clothing coordinators, makeup artists, dance crew, and the like), 2) performing stage preparation costs, 3) living expenses, including rent and water/electricity bills, 4) travel expenses, including plane ticket costs, 5) meal expenses, and the like.
Even after all these “operating costs” are deducted from the net income, the Members are only entitled to a small percentage of the remainder while SM keeps the rest.
————-
In conclusion, please realize that SM has kept virtually all of the profits that our Members have generated over the past six years. Our Members have received, literally, next to nothing.
Following thevictory of the granting of the preliminary injunction, the Members now prepare for a suit to claim their rightful share of the profits that they themselves generated. Please help them win the lawsuit by boycotting all SM-made products and merchandises (this excludes all Avex-made products, which includes Japanese albums and singles released in Japan).
Please remember that every cent you spend on SM will be used to fuel SM’s efforts against our Members in the main suit. We as fans support TVXQ in their rightful fight for their rights.
credit: dnbnshared by: sharingyoochun@wordpress
credit: http://sharingyoochun.net/2009/10/31/info-summary-and-interpretation-of-information-regarding-tvxq-exclusive-contract-agreement/

Saturday, October 31, 2009

FAN ALBUM: TVXWQ FOREVER

TVXQ Fanclub Cassiopeia has released a fan album to support TVXQ members.
On last October 27th through an online music site, a single album “Love Melody” was released. In this album Casiopeia members gathered up to do the arrangement and lyics, as well participated in the vocal. The project started up in means to show the fans power of love to TVXQ.
The title song “Love Melody” is a lyrical ballad song contains the message of “Wherever you go, we’ll always stand by your side.” in the lyrics.
When the album was released, netizens gave many surprising responses, “DBSK fans is really extraordinary.” “For ameteurs, their skill level is really great”
Meanwhile TVXQ fans themselves sent a great responses, “By listening the song, the truthful heart reaches our mind,” “We want to give TVXQ more support and hope.” and many more.
The full proceed from this album will be used to help the needy neighbors.
source: sportschosuntrans: sharingyoochun@wordpress
CREDIT: http://sharingyoochun.net/2009/10/31/news-tvxq-forever-the-newly-released-cassiopeia-fan-album/

Thursday, October 29, 2009

Case Ruling


The court has come out with a ruling for the DBSK case. Please note this is NOT a final decision.
For those that don’t understand…it basically means that SME cannot stick their hands into DBSK’s independent activities nor their group activities. So they have the right to reject schedules or performances. So SME doesn’t have full exclusivity on the 3 members in the case. However, the case is NOT closed, as the court has not yet decided if the contract will be abolished or invalid, seeing as there are a lot of things that come into play. SME is going to appeal the ruling and hold an official press conference about their position and the ‘truth’.
For now, it seems that the court’s on DBSK’s side. Hm…curious to see what SME has to say during the press conference…cuz they’ve yet to do that until now.
credit: Kbites + allkpop
The court has gave out the final ruling on the lawsuit between the 3 members of Dong Bang Shin Ki and SM Entertainment.
Seoul Central Court revealed on 27th October a citation of their ruling for the lawsuit between the SM Entertainment and TVXQ Hero JaeJoong, Xiah JunSu and Micky YooChun.
It was revealed, “We see that part of the terms in their contract has much destroyed the good morals of the whole contract. SM Entertainment should not interfere with its singers’ independent unique activities and also contract to perform and other entertainment activities.”
Previously in July, the 3 members of Dong Bang Shin Ki has revealed their 13-year long contract under SM Entertainment, which meant that they will possibly be working under SM Entertainment for life, and has applied for the effect of provisional disposition of the terms in their contract. And the 2 parties have engaged in a lawsuit as SM Entertainment insist that the terms under their contract are reasonable.
The court also revealed, “Through the individual agreement, there is high possibility for group activities to continue, but for the provisional disposition of the existing activities and the profit allocation, it is invalid and difficult. We will have to dismiss the application for the full provisional disposition of the effects of the exclusive belonging terms in the contract.”
Updates: The 3 members have announced that they will agree to the court rulings on this lawsuit

The court ruled partial disposition of the exclusive contract terms – to dispose of the SM Ent’s interference to the members’ independent unique activities and also contract to perform and other entertainment activities
But the part about profit allocation will still have to stay
Addition from 121:
this the news that I read in soompi the courts in favor of the boys, and they stated that the boys should be able to be more independent (meaning they can reject schedules that SM proposes and can do their own businesses without interference) but not move companies (meaning all the boys will be under SM!) However! This is not a final decision, and the exact, absolute one will come out in the near future. I hope u are no longer confused

credit: http://moonlightunes.wordpress.com/2009/10/27/court-comes-out-with-ruling-regarding-dbsk-case/

Thursday, October 1, 2009

FAN ACTIVIST

y Bae Ji-sookStaff Reporter
Park Jin-young, president of JYP Entertainment, made an official statement on Sept. 17 to explain his stance regarding Park Jae-beom, the former leader of the uber-popular boy band 2PM. The briefing was an inevitable measure in the face of the aggressive activism from 2PM fans.
It was the band’s loyal fans – who have printed advertisements in newspapers and are threatening to boycott 2PM-related products and items – that pushed him to make a reluctant speech over Jae-beom, who left the band after negative comments he made about Korea four years ago were made public.
However, Park is about to make another big decision as unsatisfied fans are asking him to disclose the singer’s working contract.
The fans also continue to release newspaper advertisements calling for Jae-beom’s reinstatement, in which they allude to a potential boycott of TV and other programs involving 2PM until the music tycoon takes back the member.
The world of fandom is changing rapidly. Gone are the days when they were mere consumers of pop culture. They are now the largest influence in the field, able to “solve the problems on their own.”
This is a long way from the image of fans screaming or crying in front of their favorite stars’ residences.
“They are quite frank about what they want and know how to get it,” online showbiz critic Fiancee said.
“They have realized that they do have power over their stars. They make statements, hold protests and write appealing letters to reporters, industry insiders and others. They are becoming a ‘political power’ in a way,” she said.
A while ago, SM Entertainment, which represents the boy band Super Junior, planned to hire a Chinese member for the band to woo the Chinese market. Consequently, angry fans gathered in front of the headquarters every second Saturday to protest the decision.
The company later withdrew the announcement, saying they “respect the fans, who are the biggest assets to Super Junior.”
Fan clubs are now boycotting SM products because they canceled concerts at which TVXQ was scheduled to appear.
“This is our time to show SM that we are more than passive stance,” a fan said.
This is the case not only with the fans of singers.
When it was announced that the MBC cult hit “Tamnaneundoda” (Tamra, the Island) was wrapping up on Sept. 27, far earlier than the originally planned date of Oct. 11, fans held an online campaign to urge the station to withdraw the decision.
Kim Mi-kyeong, one of the cast members, said in an interview that it was the first time she had felt such intimacy with her fans. “The fans would bring snacks, try to encourage us and make every detail of the drama an issue so that the station could give it a second thought. I never imagined in my life that fans would act to influence a TV drama,” she said.
“This is a new wave of the consumer’s rights movement. They stand for the entertainer’s rights and their own rights against an offensive and cold capitalism,” Kim Seong-su, another culture critic, said.
But in some cases, the depth of the fans’ affection is becoming aggressive and offensive to others.
Fans of G-Dragon, the lead singer of Big Bang, bombarded the Web site of the MBC radio program “Bae Cheol-soo’s Music Camp,” and several others for raising suspicion over the plagiarism.
It was later revealed that his recording company was warned over the issue by Sony Korea.
source: bjs@koreatimes.co.krcredit: koreatimes.co.krshared by: sharingyoochun@wordpress

Sunday, August 30, 2009

Evidence

As had been reported, besides the provisional disposition to terminate exclusive contract effect, 3 members of DBSK namely Jaejoong, Yoochun, and Junsu also submitted Preservation of Evidence request so that they could calculate the exact amount of their income.
However, in the first hearing held on last August 21st, SM responded regarding the Preservation of Evidence request, “This immediate appeal for Preservation of Evidence can’t be executed.” SM expressed disapproval regarding the submission request. The company explained that DBSK income receipts along with other documents and materials needed for this settlement is company’s trade secret. And if they’re to be exposed to the media, it can lead to fatal effect.
Regarding the problem, the court described an “in camera” system to invalidate SM’s claim of a fatal risk. The “in camera” system is the process in which the viewers of the evidences are to selected/limited number of people only. Because of this, DBSK’s payment issue can be resolved and the current conflict can be raised.
SM officials therefore approved the DBSK’s ‘Preservation of Evidences application’ and the submission deadline is tomorrow, August 26th.
The court judgment whether SM’s application is received as valid evidences or not is to be determined on Friday, August 28th.
Meanwhile, on the same day (August 28th), DBSK fanclub Cassiopeia is showing support to their idol by submitting petition which is signed by approximately 121,073 people at 1:30 p.m to National Human Rights Commission. “DBSK members have been victims of serious human rights violation and now are seeking way to escape from it. We asked the help from National Human Rights Commission to give human rights protection for DBSK members through their court hearing.”
On last August 20th, Cassiopeia had already submitted their petition which was already signed on-line by 120,000 people from August 12th to 18th (six days) to Seoul Central District Court to support the terminate of unfair contract.
source: diodeo + newsen88news.net

credit: http://www.88news.net/2009/08/25/sm-x-dbsk-lawsuit-%E2%80%9Cwill-the-evidences-application-be-accepted/

Saturday, August 22, 2009

090821 The First Hearing of DBSK VS SM Ent. Legal Case

DBSK who were represented by their lawyer from SEJONG lawfirm at 11:40 a.m met the reporters after the first court hearing was done. The lawyer said, “Members of DBSK are very upset. They’re hoping for a good end of this case.”. He also mentioned that the members wanted the case to be finished as soon as possible.Today (August 21st) at 10:20 a.m was conducted a private hearing at court room No. 358 to examine the offering opinions from both side at Seoul Central District Court.
The 3 members of DBSK were claming for the invalidity of exclusive contract and non-transparent revenue distribution issues. On the other hand, at SM Entertainment side, they’re revealing records of SM deficit for four consecutive years, as well insisting that the contract was communicated well through the members and revenue settlement has been done properly.
In the process, both sides said that they wanted to end the litigation as soon as possible. The hearing ended by mutual agreement stated by court, “If both sides agreed, we’d make the settlement of this case be private.”
The hearing lasted for 1 hour and 20 minutes while additional evidences requested by court must be submitted by September 12th.
Meanwhile, regarding this court case as many as 120,000 DBSK’s fans had signed petition to oppose the unfair contract on the 20th.
source: naver news + AP + asiaesummarized by: sharingyoochun@wordpress

Sunday, August 9, 2009

SM Layer

SM has revealed that they have assigned their own lawyer to deal with the case of 3 Dong Bang Shin Ki members’ lawsuit against them.
SM Entertainment’s group Dong Bang Shin Ki’s 3 member Hero JaeJoong, Xiah JunSu and Micky YooChun has went down to Seoul’s Central District Court on 31st July to apply for retractile of the exclusive belonging rights effects from their contract with SM Entertainment…
SM Entertainment said, “About this case, we have assigned our own lawyer to deal with it.”
Also, the 3 members have came out earlier today to reveal their stand on the case, “The reason of our discord with the company is the unjust contract conditions. We do not want disband.”
Meanwhile, a representative of one idol group said, “I’ve seen 1~2 of such cases of crises in idol groups. I hope that Dong Bang Shin Ki and the company will settle this dispute wisely and peacefully.” But another music industry expert said, “It is hard to narrow down the difference in views of the 2 sides in this case.”
Fans are hoping that good outcomes will result from this. Dong Bang Shin Ki fans are violently protesting to their disband.
Note: sookyeong didn’t state where she got the article from, but I know that she’s credible. She translates from news sites.
Source: sookyeong @ Wordpress K Bites
88news.net

SM Entertainment’s Refutation, “They made 11b KRW after debut.”
SM Entertainment, with which Dong Bang Shin Ki member Hero JaeJoong, Micky YooChun and Xiah JunSu has have a dispute with, came out to reveal their official stand.
SM Entertainment said on 3rd August, “Dong Bang Shin Ki has earn 11billion KRW from after their debut till 2009 July (dividend payout 9.2 billion KRW + beforehand provision 1.77 billion KRW)…Also they also received many high-end foreign products in the process even though SM Entertainment was suffering from a business deficit in the 4 years after the group’s debut. And even though there is a distributive ratio, they would have raised it with proftis from their endorsement in CFs, doing events and also photoshoots.”
And about how the 3 members have said that they were given unjust treatment, SM Entertainment said, “About their health and schedule, we have discussed them before they were put through it.”
And about the cosmetic enterprise, SM said, “Looking at this case, this holds substantial reasons to it. It is evident since there is only 3 members involved in this case. They wanted to reduce the loss of image and harm to them as soon as possible with this plan as they will be used for the enterprise in terms of having their images used as part of marketing and also to participate in events for the enterprise.”

Also, “According to the Fair Trade commission, there is no provision saying that singers cannot be signed for beyond a period of 7 years, and there is no exceptional provision limiting the contract of singers promoting overseas. We did amendments to the exclusive rights clause for 5 times after the contract was contracted, 2 times were to address the compensation of loss, and after checking and confirmation by the Fair Trade Commission. The rest of the 3 times were to address the profits distribution ratio and for renewal – in 2004 January, then in 2007 February and 2009 February.”
SM “We will solve this case with the 3 members regarding the application for retractile in the contract and the lawsuit confrontation as soon as possible.”
Source: sookyeong @ Wordpress [K Bites]
88news.net
credit: http://www.88news.net/2009/08/03/sm-entertainment-assigns-lawyer-to-deal-with-dbsk-dispute-case/