[TRANS] 111101 Toshiro Ono blogs: Signs of Progress in Ongoing Lawsuits between JYJ’s side & Avex/SM

Note: Toshiro Ono is a freelance nonfiction writer who writes mostly about the mafia and crime. Below is a translation of his blog entry that details actions taken by both sides of the CJeS and Avex lawsuit, as well as his thoughts on the reasoning behind those actions.

Signs of Progress

The below is from records of the trial between C-JeS Entertainment and Avex Management at Tokyo District Court. (Trial Material for Civil Section 29. 2011(ワ)No.17612, Plaintiff : C-JeS Entertainment, Defendant : Avex Management Document prepared by C-JeS Entertainment on Oct. 19, 2011)

The “attorney for the plaintiff” mentioned here means the attorney representing C-JeS in the trial at the Tokyo District Court.

“On Sept. 22, 2011 the attorney for the plaintiff [T/N: attorney for C-JeS in Japan] received a call from Attorney Jihye Shin who is representing JYJ in Korea saying “We received a request from SM for reconciliation for both the trial in Korea and Japan. However we find it difficult to understand their true motive in making this request.” Recently in the lawsuit in Korea concerning the validity of the exclusive long term contract between management companies and artists, the Supreme Court ruled that long term contracts between management companies and artists are invalid, signifying there is a high chance that the Korean court will rule in JYJ’s favor in the lawsuit between SM and JYJ. It can be presumed that SM, because of this turn of events, decided that it would be better to resolve the lawsuits in both Korea and Japan at once by reconciliation. Also, the request made by SM to Attorney Shin assumes that the defendant [T/N: Avex Management] will follow SM’s instructions. Therefore it is easy to presume that the defendant is obstructing the management of JYJ in Japan out of concern for the wishes of SM.”

[rest omitted]

Source: Toshiro Ono’s Blog
Translation by: TheJYJFiles
Please do not add, alter, or remove the credits.

33 thoughts on “[TRANS] 111101 Toshiro Ono blogs: Signs of Progress in Ongoing Lawsuits between JYJ’s side & Avex/SM

    • striking a deal with JYJ.
      They’re not going back to SM, but SM is now trying to reach a compromise with JYJ. Maybe the judgement against SM will include quite a bit of money. That is my guess.

  1. I think SM is considering that if JYJ will win they would have to pay for damages which could be enough high so it’s better to reconciliate and may be they wouldn’t have to pay at all or at least a smaller sum of money. Any way I hope they would end sooner this annoying process and situation and be free to make their job freely .Go fighting, JYJ!

  2. ¡Bloody trickers! ¡But of course! SM’s and Avex’s vessels are sinking and now they have thrown their S.O.S signal (not to mention JYJ’s latest successes which are killing them softly and painfully). ¿Who’s going to confide on them again? ¡NO ONE!! Who knows what kind of tricks do they have hidden under their “please, we want a concilliation”. They want to avoid paying fines and they want to look as the good ones; the saints who don’t break a single plate. ¡Beware C-Jes! Please be very careful. Don’t fall into their trap. They only want to take advantage on the situation on their own behalf.

    • “Please be very careful. Don’t fall into their trap. They only want to take advantage on the situation on their own behalf.”

      My thought exactly. I don’t trust these weak excuses for pond scum any more than I can see them.

  3. To Sejong Law firm ~~ you have them on the ropes. You know this, they know this, and everyone else knows it ~~ please do not give away the store. After what these low-life bloodsuckers have put JJ, YC, and JS through, don’t give them a pass. They need to learn — ACTIONS HAVE CONSEQUENCES! Their actions should not be dismissed too easily. All they had to do in the first place was treat the guys as human beings, not property. This they deliberately did not do. For all of the BS nonsense they have heaped on JYJ, they need to pay by the full measure of the law.

    Tell SME if they really want to end this by reconciliation, pay the guys what they are owed. STOP the blackballing, get over this, and go on with their lives, so that JJ, YC, and JS can do the same without having to continually look over their shoulders.

    Finally, please remind SME/AVEX, JYJ’s fans will always remember what they both have put the guys through, and will always stay vigilant.

    Thank you.

  4. SM is trying to avoid a media disaster. If they lose (which looks quite plausible), the news will be very loud I’m sure and the truth they have been trying to hide behind the Hallu wave will become evident: they have unfiar contract and they explote their employees. And it can’t be justify it.

    It also means they will go for an amoun of money that will not damage the company

    But looking at it, it could be a way to fix both lawsuits and deprive TV station in Korea they favourite excuse to block JYJ

    I trust whatever they chose to do. And if SM is in such a position we already know this is ours!

  5. If this is true then I hope the lawsuit will end soon!
    Then Jaejoong, Yoochun, and Junsu can return to perform in both Korea and Japan; whether under the name JYJ or again with the other past members as TVXQ1/DBSK/THSK is their choice, I stand by what they will choose.

    It seems to be that SM are now concerned about their reputation and public image. So much negative publicity and backlash has affected them.
    Avex, I still don’t know how to trust. They have been wishy-washy on both sides. They never really took a stong stand on one side but more like on the side that would make them a profit.

    Whatever the ulterior motives behind SM’s actions (and in latter, Avex’s), I pray, wish, dream, etc. that JYJ get the justice they deserve and change multiple policies and methods in different nations–starting with Korea and Japan.

    I hope what secret stuffs hidden up the sleeves of the corrupt will not work and instead fail horribly.

  6. Pingback: So Is SM throwing in the towel already??? | We Talk JYJ

  7. Just curious though, if SM&AVEX is so corrupt and exploit their artist (which I DO believe), I just don’t get how all the groups under the company stand by them and don’t see that anything is wrong? Is it because they are making money? But I mean, that can’t be the case because back when dbsk was 5 and on top of the asian music scene, they weren’t even getting the pay they deserve so how did lesser payed artist like suju, shinee, fx ect feel that what they are earning is okay? Also is snsd in the same stratosphere as tvxq5 was? Because it seems that after the split of dbsk snsd seems to be doing and earning a lot more. I mean i knew they were always popular but now it seems that sm is placing all their money on snsd which probably means that there are being treated how dbsk was before the split… do you think that there is anything wrong with that? I mean they don’t seem to think so.

    Also how is 2tvxq treated now? Like, is it the same as before?

    ps. just incase anyone gets the wrong idea, I don’t support sm or any of their artist, I’m just curious.

    • my two cents?
      not everyone are willing to sacrifice their future to get out of SM. Hangeng was brave enough to do so since he can just go back home to China, but the rest of the kids have certainly thought they’ll not survive on their own. JYJ in many instances mentioned that they are so determined to stand up for themselves that they are willing to loose their singing careers but i think at some point they believe that together they have a shot of making it. But for the rest, fighting against SM is like career suicide and this kids most of them are supporting families. After JYJ’s lawsuit, Fair Trade Comission if I remember it right issued an order to SM to review and change the contracts so most of the kids have their years reduced but still the harsh working schedule it’s there.
      In TVXQ2’s case, am sure there were behind the scene negotiations. I wont be surprised if JYJ was offered with promises just to stay or to come back but I believe that the 3 just decided not to compromise. It all boils down to their support system. The family and friends around that supports them ad gives them advice. It gives you more confidence if you get to hear things like.. “it’s okay you’ll survive so go on fight”.. against (just my assumption) “dont do it ! are you nuts! it will be the end for you! so just stick with it and bear with it” //sorry for the grammar.. lazy to do proofread

      • Besides, they are afraid of SM and its long corrupt tentacles. ¿Can’t you see what is happening to JYJ, being blocked both in Korea and Japan? No one wants to be banned from the musical media and certainly these groups don’t have enough support nor the gutts to risk their careers to death in such way as JYJ did. NO ONE.

    • I’m reposting my reply (from JYJ3.net) here:-
      To put it simply—–FEAR. Fear of the unknown (since such treatment as practised by sme seemed to be held as the industry, cultural and community norm) and Fear of the known (from the well-known history of persecution pursued by former companies onto many parties that have tried to leave their management and subsequent career fallout). And for certain individuals who might be in a relatively more comfortable position to “sit-on-the-fence” (eg HM versus Suju) on whether to leave or stay behind (all under the pretentious, self-deluding and deliberately misinterpreted community banner of “Loyalty”), its certainly not unthinkable that sme would have swayed their decision with promises of compensation for their display of “loyalty” down the road.
      Question—-why do people (even academically intelligent ones) stay in an abusive family/relationship or cult?
      When it comes to the young—-and TVXQ5 WERE definitely still children when they first joined sme—-its almost impossible to break free of that indoctrination, particularly when both the music industry and society at large all seem to fall firmly behind sme’s practices even today. It takes sheer guts, integrity and faith in yourself to do what JYJ did in order to leave sme—and for that, they will always have my respect.
      When you try to see it from the POV of anyone who would dare to even think about leaving the “shelter” (no matter how exploitive) of such an establishment as sme/avex and think—-is there anything out there as the alternative to your existing situation? Fear more than anything will keep you shackled to that sad existence.
      Imagine the desperation that must have driven JYJ to seek freedom from that existence, knowing full well as most k-pop fandom do, of what already happened even to giants like to FFTS, Shinhwa and H.O.T.
      it must be akin to voluntarily taking a leap of faith free-falling into an abyss with nothing more than the strength of faith in your own abilities, your prinicples/convictions and hopefully the support of fans as your safety-net to count on.
      Sad irony that only these 3 boys seemed to have actually understood and assimilated the meaning behind the lyrics of all those songs they used to sing re:social-consciousness and righting injustices (eg. Dangerous Mind, Triangle, O Jung Ban Hap, Purple Line etc). Whether their motives were initially solely personal is less relevant now since this has evolved into something far greater beyond them with possible implications of social reform.
      Likewise, JYJ is rapidly evolving and maturing beyond their early idolhood into real artists with real voices and whatever they eventually decide to do, I hope they never willingly surrender the growth and freedom they’ve earned so far.

      • @livingfree ~~ WOW, very well sed, there is absolutely nothing i could add after ur comment!! ^_~ U’ve covered all the bases!!! ^_~ U getta A+++++++++++++++
        i think everyone that loves and supports our 3 beloved guys, couldn’t be more proud!!
        i for 1 wouldn’t give SME or AVEX the time of day, but i will love and support JYJ in doing whatever they decide!!! i will never waver!!!

    • I chalk it up to a certain mentality.
      Fear is apart of this mentality definitely.

      JYJ definitely weren’t the first to fight Goliath and they will not be the last. This will always
      exist. There will always be the opposing ideas in everything somewhere, the rebels and the sheep. It’s the way of the world. Ying Yang.

  8. btw, i can hardly wait to see what the court will charge $$ SME for all of their blocking of our beloved JYJ, i hope it’s not just a slap on the wrist, for all the pain and suffering they went thru!!

  9. jyj still part of DBSK.whatever they say.
    We are Arab Cassiopeia support you.
    We hope to see you both soon
    { Always Keep the Faith}
    |^ _^|
    love you~

  10. I dont trust SM or Avex or what they had done the last 2 1/2 years but I do believe that JYJ will somehow come up on top in the end, why? I believe in them and the love and bond that I share with JYJ. Plus, also maybe there will be reconciliation of TVXQ as a whole in the future. I will support all 5 forever separately or together because I am a loyal Cassie.

  11. Pingback: [TRANS] 111101 Toshiro Ono blogs: Signs of Progress in Ongoing Lawsuits between JYJ’s side & Avex/SM | ilnostroposto

  12. JYJ Fighting! I don’t want to know what goes on behind the curtains! I just want my boys to gather up all their strength and fight as hell for what they believe! I can only be the driving force behind them, with our love Cassieopeia, anything is possible for JYJ! AKTF! ❤

  13. This is they way SM is killing himself by will.

    reconciliation??????????? Even if I love them and want to see five of them are back together but NO WAY I WOULD WANT MY 3 BOYS GOING BACK TO HELL CALLED ‘SME’!!!!!!!!!

    Paying money to JYJ is what they should do.

    I believe that SM knew it all along that they’re not going to win in this case..so, trying to reconciliation is the best thing they should do. But in what ways??? we will know it later…Soon!!!!

  14. i’m new to this whole “mess”
    I see that JYJ is “strong” cause they’ve got support from “public” to face whatever the opponents throws at them
    That’s why so many blocking and rumours that i sometimes sees it as ridiculous attempt from the other side to shape public opinion
    So we’ll just have to keep supporting *cheers*

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