Tuesday, February 1, 2011

SM and Homin's usage of TVXQ name

It will take about a week for me to write my next post (the readers will see why when I post it) so meanwhile, here's my take on the TVXQ's trademark issue.

Some fans claim that SM and HoMin cannot use TVXQ name because the Korean patent office denied SM's application to trademark the name.

Yes, it is true that SM's application is denied, but does that mean SM cannot use the name?

No. The trademark gives its owner EXCLUSIVE rights to use the name prohibiting others from using the name. Since no one has exclusive rights to the name currently, anyone can use it. If CJS wants to use it they can, but in reality, they cannot because it's the entertainment industry's custom for the company to own the name of the group it created. Also CJS is still in the lawsuit which means they're technically under contract with SM. The injunction only gave CJS the freedom to work individually, but to work as TVXQ, they need to do it with SM. Remember, TVXQ wasn't formed by the members themselves. They were picked by SM from many of its trainees and the group's name was created by SM as well.

Also, the 5 members' stage names are trademarked by SM (U-Know, Max etc.), and the 4 letters "TVXQ" also belongs to SM as well. SM just could not get the Chinese "東方神起" trademarked. The simplified Chinese "东方神起" is also owned by SM for the audio products (CD, mp3, Vynil etc).

Korean trademark info can be searched from here: http://www.kipris.or.kr/kor/main/main.jsp
Notice there was a bakery that tried to register "동방신기" which I thought was funny. I guess they wanted to sell TVXQ bread. :)
 
You need all 5 members' consent for SM to trademark the names. SM did get the permission of all 5 members but the application was denied because the members were minors, and SM needed the members' parents' permissions as well. The latest news I read regarding the trademark was that SM withdrew the application to add more information/data to the application.

Once the lawsuit is over, CJS won't have anything to do with TVXQ because if CJS win, they won't be in TVXQ any more, and if they lose, then they'll be under SM or quit after paying the breach of contract penalty.


* Addendum

BTW, do the readers know on what items those trademarks were initially applied for? It was applied for miscellaneous items like belts, dolls and hats etc. So basically, SM just tried to lock the trademark to prevent anyone from selling those cheap items after slapping TVXQ name. Also, do you know when those trademarks were applied? 2006. Yup, that's when TVXQ had 5 members. Since TVXQ only consists of 2 members now, I am sure if SM were to apply for the trademarks with the consent of Yunho and Changmin, they'll get it. It's just simply ridiculous to claim that SM cannot use the name just because their trademark application was denied because of technicallity. It's just another twisted lies spread by some fans to discredit SM and the TVXQ.

131 comments:

  1. So basically the trio can not use the name or their stage names in this period or after winning the lawsuit. Also, all the songs belong to SM even if they were sung by the trio.... some fans are just living in denial.
    I knew that because it is common sense lol
    But some fans were using the incident where SM's application to trademark TVXQ was denied to say that HoMin have no right to use the name :/
    Thank you again :D and can't wait to read your new post....

    ReplyDelete
  2. @ mj_dj21
    Yup. Common sense. That about sums it up. LOL

    ReplyDelete
  3. First I just want to really really thank you for your blog♥
    About this:
    "Once the lawsuit is over, CJS won't have anything to do with TVXQ because if CJS win, they won't be in TVXQ any more, and if they lose, then they'll be under SM or quit after paying the breach of contract penalty."

    Could I ask you what is your personal opinion about the result of this lawsuit?

    ReplyDelete
  4. @ xenia31479
    I'd give 50/50 at this point of either side winning. Once I see more evidences and testimonies, it will get clearer.

    ReplyDelete
  5. i don't understand if jyj fan are purely stupid or in denial as they whine about the name and DBSK's song.
    I won't talk about the name cause Precious already state it. Now about the song, since when a song belong to the person who sing it??? Never, it first belongs to whom own the copyright (SM), secondly to the person who write it (composer), a song never belongs to the singer unless the singer bought the right of the song or write the song him self. Some fan really need go back to elementary school, can't stand them whining about Homin singing old TVXQ song.

    And if u notice, in the contract, it state that song that written by the members belongs to the company too, but Junsu still perform his own song, Xiahtic, so basically SM was open about it.

    ReplyDelete
  6. Oh, what if one of the trio decided to drop the lawsuit?
    Because i am feeling that one of them is regretting his decision after seeing TVXQ's comeback.

    ReplyDelete
  7. @ kenda

    Just to add, the copyrights of the songs written by the members are credited to the members. I checked with the copyright office. So if any of the songs written by the members are used, they'll get paid. (70% according to the contract)

    But, SM owns the right to use the songs, including performing in concerts, so you are right that JYJ cannot perform any old TVXQ songs without SM's permission. Of course, the songs written by other songwriters are out of question.

    ReplyDelete
  8. @ mj_dj21
    Well, it will be up to SM and HoMin whether to take him back or not. There are other issues though. I don't know what each member's contract is like with C-Jes, their current company (JYJ fans insist it's an agency, but I think otherwise), and it may be impossible for any of them to drop the lawsuit even if he wanted to.

    ReplyDelete
  9. THANK YOU ....
    i am really thankful that you did all this. I just want to tell you that your blog became a hot topic and many antis are trying to attack you. Just know that what you are doing is EPIC and appreciated by many.
    Thank you again.

    ReplyDelete
  10. @mj_dj21

    wow! do they (fans) really think that? they can sing their songs after getting out of sm? LOL. even my younger brother knows that a song is owned by the company and he's 15! LOLOL.

    and someone is regretting it? LOL. who, may i ask?

    @Precious

    impossible? really? how so?

    ReplyDelete
  11. @ cinderellaboy10
    I said it may be. If they actually signed a dual contract they may be bound to that contract. Also there are other issues, and it will be covered when I write about C-Jes. I still got loooong ways to go with this blog. I wish I can get paid by SM LOLOL.

    ReplyDelete
  12. oh. tsktsk. This is getting really complicated. I bet if JYJ knew this was gonna happen, they wouldn't file this lawsuit in the first place. That would make everyone's lives easier. LOL. I wouldn't if I were in their place.

    And precious, THANK YOU really for this blog. A lot of fans appreciate this, really. :)

    ReplyDelete
  13. @ cinderellaboy10
    Believe it or not some of them do LOL
    See how much their thinking is so shallow to the degree they forgot that the one who wrote the song may not usually the singer and even if he was the writer he doesn't own it.
    Well, I am just saying what other people are saying lol To be prepared for future questions lol

    @ Precious
    Some people say that SM paid you $$ to do this xD
    so in their perception you are bribed by SM LOL

    It is ironic how stating the truth means being biased to some people.

    ReplyDelete
  14. @mj_dj21

    hahaha... they think SM bribe anyone in anything that made SM right or anything to JYJ... SM bribe Korean DA, SM bribe/boycott the television broadcast, SM bribe HoMin and their family, SM bribe/boycott Avex to drop JYJ, and last but not least SM bribe Precious to denfense them... and if SM win the lawsuit, they will said SM bribe the judge or whatever

    ReplyDelete
  15. @ mj_dj21
    I already knew they'd say that. It is a very common tactic by SM/HoMin bashers to label everyone who goes against JYJ as "SM employee" once they run out of excuses. I'm sure you've seen it from everywhere. SM would be bankrupt if they actually hired everyone who was labeled as their employee LOL. Let them say I was bribed, but that still does not change the truth or the facts in my posts.

    ReplyDelete
  16. Thanks you Precious.

    This blog is really clear, and has actual facts thank you so much.

    ReplyDelete
  17. @ Hotaru @ Precious
    xD stay strong and continue what you are doing ... btw you should have a Twitter account lol

    i feel sorry for them some how .... i see SM as a very good company when it comes to contracts and stuff and the prove is BoA. She is an icon even though she is in her 20s.

    ReplyDelete
  18. @ mj_dj21 @ Hotaru @ Precious

    hahaha, they also said SM bribed Chinese government to delay issuing their visa and US government to deny their working visa. Probably they believe SM is the biggest and most evil kingdom in the world, but nice enough not to do any harm to SM bashers.
    Then, SM/Homin bashers are hired by C* group?

    ReplyDelete
  19. @Lisalio @Hotaru:
    They said tht too?? OMG! Amazing!! LOLOLOL. They contradict themselves. The hate SME in the first place, but on the other hand, they also think very highly abt SME, like SME is the GOD. No one can deny SM orders... Hail SME~~~ XD

    @Precious:
    Thanks for explaining abt the trademark. It's pretty clear now. ^^
    Anyway, your blog has been floating around in twitter now. So I hope more ppl will aware of this situations and open their mind instead ^^.
    But yeah... more bashers will attack you. Fighting!

    ReplyDelete
  20. Thanks Precious for your valuable research! Without this blog, me and many other fans would have continued to be deceived by the JYJ's biased/lie infos.

    Really,the JYJ's side is SOOOO good at covering media that not favor them! First when I posted your translation (with full credit) on Soompi, the mods (which are JYJ biased) said I should just provide link and avoid posting full writing as the info may cause "controversy" (even though it did not violate any rules, confirmed by the mods) while other JYJ's fan can keep posting news like "This ABC person agree with JYJ", "That XYZ person against slave contract", etc...

    Then next time I followed their "new" rules and only provided link. One VIP from Soompi immediately warning me for spreading rumor. I believe she even came here and warned something about Crebeau can sue you :P But clearly she lost the debate since everything you said was backed up with solid evidence. Maybe that's when she realized this blog is a threat that may destroy their delusion of an "angelic victim", so the fastest way was delete my post, prevent other fans to find out this place.

    I just PMed the Mod to ask what reason do they delete my post, forward with their "new rules" that I fully followed. Unable to answer, they do the next most simple thing: ban me, lol

    I havent use that account for 4 years and only log in to share this truth, so there's no damage or anything :P But now I understand the 6.25 meeting may be a brilliant move from JYJ side. By making all the mods and admins of big fansites provide only biased infos for JYJ, banning anyone dare to say anything unfavored .... they somewhat did a good job fooling the public.

    Oops, sorry for ranting for too long. I'm looking forward to your next post :)

    ReplyDelete
  21. @precious

    You don't know how much I really appreciate this post. I was up to my neck in KIPO and KIPRIS yesterday because of those claims against HoMin.

    One interesting thing I found on KIPRIS is that Kim Jae Jin also filed a trademark for a category 09 product in 2009. Do you happen to know who that is?

    Also, is there a way to contact you personally because I am not done with the KIPO and KIPRIS infos and I was hoping if I can discuss some points with you.

    Thank you again!

    @kawaiinu

    I think the mod you are talking about is actually on my T-list, hahaha. Oh well, I don't know if it's the same person but she did say that this site is spreading rumors with facts out of thin air when Precious actually give links to everything. Some of them just glaze through the posts...

    ReplyDelete
  22. @hyeonmu

    Haha, sorry but what's a T-list? ^^;

    I dont know how many mods Soompi has, I only know 1 that rarely post, 1 has Junsu as her avatar and the VIP I said is a Super Anti-SM ^^

    We cannot talk reason with them, they claim all the statements with signatures here are fake, the Korean DA investigation is fake, the television report not favor JYJ is bribed by manager company, etc... :P

    ReplyDelete
  23. @kawaiinu

    I remember a friend of mine made comments about someone should post facts on soompi forums and call this blog an anti blog, this was done via twitter (thus, T-list or timeline), LOL.

    I will believe that those reports are fake when it is supported by a concrete legal document. And I don't think the Korean DA would be silent if the know someone faked their name in an article. It should be all over the news.

    If the best they can give me is a link to soompi or that TVXQ fansite that really doesn't support TVXQ anymore, I usually ignore them, ^___^

    ReplyDelete
  24. @kawaiinu can't belive Soompi did that to you ...really I have an account there but use it almost never.. i though they support both sides, but seems they dont, gosh..

    because we are humans we have common sense,,,TVXQ old songs definetly can't be sing by JYJ... I really want to punch those fans without brain =.=

    the WORLD should read this blog! i'm really sick of all the bashing to Yunho and Changmin

    Thank you so much for all Precious <3

    ReplyDelete
  25. @ kawaiinu
    They banned you? You have experienced what DNBN and other TVXQ sites that are supposed to be supporting all 5 are doing to their members. Anything posted against JYJ, they delete/hide the post and ban the members. LOL

    So the person who threatened me was a Soompi mod? LOL

    ReplyDelete
  26. @Precious
    Correct me if I'm wrong, but wasn't the main reason why SM couldn't get the 東方神起 trademarked because the characters for "tong" and "shin" - or "east" and "god"? I recall reading that the court decided that those characters referred to basic and fundamental things in the world/nature and could not be "owned" by anyone, and because those characters are integral to the full name 東方神起, the name as a whole could not be trademarked. Hmm.. well, I read that a very long time ago and can't recall the source, so I could be wrong. But I thought that was similarly the case when SM tried and failed to trademark "Shinhwa", since the word meaning "legend" was too common and basic of a word to be owned/trademarked.

    ReplyDelete
  27. @ hyeonmu

    Ahh... so you are the owner of that blog LOL, I actually saw your post today, and thought that it was great, and you actually went further with the research than I did about the trademark. LOL

    About contacting me personally, can you see the poster's email address if I leave a comment on your blog using my email address? Then I can just leave a comment with my email so you can contact me via that email.

    ReplyDelete
  28. @ biathanatos
    Shinhwa is actually registered under SM Entertainment. I was curious while researching TVXQ trademark info and checked it.
    According to that thought, Hyundai and Samsung can't be trademarked either.

    The jyj site's claim for denial is the correct one. 東方神起 denotes the five members and SM needed their consent to trademark the name.

    ReplyDelete
  29. @ hyeonmu
    I don't know who Kim Jae Jin is. I noticed it too, but didn't think too much of it.

    ReplyDelete
  30. Thank you for your efforts. they are much appreciated. Fans need to know all the facts in order to make their opinion and choose a side if they find the need to do so.

    I think you should find a way to be affiliated with other blogs or websites, so that more fans discover your posts. You can try and start with http://continuetvxq.com/ - they have a lot of HoMin fans who would definitely appreciate all the information you give.

    ReplyDelete
  31. @ thepuppeteer
    Yeah, I should do that. BTW, continuetvxq already has a link to my blog.

    ReplyDelete
  32. ้well, SM can invest to another business like Gas/Oil,they have MUCH money to bribe everyone LOL i think i need to buy SM goods more coz seems SM is going BANKRUPT! and Precious still has long way to go, SM needs fund to pay Precious! XD

    btw,tks for another article! u not only make a good blog but also nice community for us ^^

    ReplyDelete
  33. @ Precious:
    Can I have your contact too ? Or maybe u can give it to Hyeonmu instead, I ll contact her later ^^. My friend wanna make blogs abt this lawsuit too but with different views. I cant tell you much abt it here. So if u please, I ll be delighted if u can give ur contact to me or Hyeonmu ^^
    Thanks alot

    And please backup your posts.. Just in case. Your blog is really popular now ^^

    ReplyDelete
  34. @ ayeopan

    I just sent you a message to your livejournal account.

    ReplyDelete
  35. What? So JYJ stans even make a fuss about Homin using TVXQ name via copyright issue? Wow.

    The logic is pretty simple actually. JYJ want out of the contract. The contract is about TVXQ. Equals JYJ want out of TVXQ. What's so hard to digest about that? You don't need to be a law student to get it.

    And the fact is JYJ's lawsuit was never an attempt to 'change' the contract. They wanted out as out.
    I read some transcription and I don't know if I miss something, but JYJ's side insist on a suggestion for better clauses, only fussing about how the contract supposed to be void because it was blabla and blabla.

    When JYJ whined about "wanting to leave SM but still want to work as TVXQ","didn't mean to leave the members" etc, even my non-kpopfan, 26 yo brother could say 'WTF STUPID- NONSENSE IS THAT'. And fans use it as a reason to call them loyal? Duh

    Seriously, sites like soompi/syc/whatever should just admit that they're JYJ sites openly rather than labeling self as 'supporting all 5' to be seen as "true cassie", but in fact only using Homin news as a punchbag.
    I take "Supporting all 5" (outside buying stuffs) as not admiting preference or simply have no clue about the situation -_-;
    It's just annoying how there's this view/saying of "raging cassiopeia VS SM" by non-fans bec seriously, only JYJ stans.-_-;

    (And you can't call Homin fans as not true cassies though, it's not fair for the Koreans who still pay for monthly membership until now :p)

    ReplyDelete
  36. @ lapis.lazuli
    It's all about common sense, or lack thereof. LOL

    ReplyDelete
  37. Hi Precious. I really want to thank you for taking the time to research all of this legal information.

    I have one thing i'd like to clarify though. I won't even pretend I know the first thing about stuff like this, so maybe i'm missing something about your argument. If so, i'm sorry about that.

    You said, "SM just could not get the Chinese "東方神起" trademarked. The simplified Chinese "东方神起" is also owned by SM for the audio products". So in short, you mean that SM were able to trademark 东方神起, but not 東方神起 right? Well I noticed that on the album cover for the normal edition of the KYHD, it uses 東方神起 for their name. (Picture here: http://4.bp.blogspot.com/_6tgSOUBz8a0/TSwgb2to1WI/AAAAAAAAAv4/vczdNGln150/s1600/478.jpg) Honestly i'm not familiar with how trademark works, but if 東方神起 was denied, how can SM still use it? Or are they somehow allowed to even if the trademark was denied?

    Sorry to bother you with the question, I just want to clarify. Again, thank you for all of this. It makes me happy to see fans who can actually think for themselves and not be swayed by biases.

    ReplyDelete
  38. dear precious can you visit TVXQ Is Not A Registered Trademark?: http://wp.me/p1gHff-2W

    ReplyDelete
  39. @ TaengLove

    I already explained about it in my post. Having a trademark gives the owner the EXCLUSIVE use of the name, but right now, no one has a trademark on 東方神起, so technically, anyone can use it. But in reality, no one can use it except SM since everyone knows TVXQ is an SM group. CJS can't use it because they're still under SM.

    ReplyDelete
  40. @ dhanirahman52
    I already read it.

    ReplyDelete
  41. Actually Tohosomnia already made a whole post about this at the beginning of the lawsuit so a lot of fans are already aware of what's going on with the TVXQ name. Here are the links if you want to check it out :


    http://community.livejournal.com/tohosomnia/242534.html

    http://community.livejournal.com/tohosomnia/1370.html

    About using TVXQ name, even if JYJ lose the lawsuit and still want to work with HoMin but decide not to come back to SM (and so pay the penaly for the breach of contract) it's possible for them to do so (as long as SM and Homin agree ofc). They can be in different companies and still work as a band. If they win the lawsuit, it would be the same.IF the 5 members want to work together again then they can, even if not all the members are in SM.

    ReplyDelete
  42. @ kokoromiya7

    Oh that's right, there is that one possibility that SM, HoMin, and CJS all getting together and agree to re-unite while under different company, but in my opinion, there's no chance of that ever happening especially with the current iteration of TVXQ's success. CJS had many chances to go back to SM, but they didn't. If you think about it, it's already been 1 1/2 years since the trouble brew, and if both sides were going to reach some kind of settlement, they would've done so already.

    ReplyDelete
  43. SME can only use chinese characters only not even korean characters

    http://twitpic.com/3s7gy2

    http://www.kipris.or.kr http://twitpic.com/3vo8ob

    ReplyDelete
  44. @ hye jin
    Ah, finally some reply instead of spamming.

    Yes I did. So what are you arguing about? Nobody has trademark to TVXQ name, not even the 5 members. Just because SM is denied of the trademark, does not mean they cannot use it, and I explained why in my post. Which part of my post don't you agree?

    ReplyDelete
  45. i wish people bothered to read your posts before trying to "refute" plain facts with questionable articles that link no evidence.

    ReplyDelete
  46. @ hye jin
    You really think just because SM's artist list does not contain TVXQ, it proves that it's illegal to use TVXQ name? LOL

    With that logic, the fact SM and HoMin came back as TVXQ for WORLD TO SEE must prove that it's legal. 東方神起 is printed clearly on their 5th album so there's another proof that it's legal. LOL

    If it's illegal, why don't you ask CJS to file an injunction which they already have an experience with?

    ReplyDelete
  47. Cjes is an agency and not for them to go after name or not

    JYJ is the tvxq same as hm period

    STING is POLICE no matter what

    such a primitive theory, we are not talking about feudal system

    JYJ is aritists and human being

    they belong to themselves

    COME back??? whose point of you???

    SME and JYJ relation ship is a company vs Human (employee)

    NO one ask employee who sue company with unfair treatment to go

    back to work at the same place???

    ReplyDelete
  48. @ Jessica

    Refuting? She was just spamming the comments with articles I've already read, and I'm sure everyone else here read too without making any arguments. I just deleted her spams.

    ReplyDelete
  49. @ hye jin
    I'll make the same argument as you just did.

    Cjes is a company who signed a dual contract with CJS.

    JYJ is JYJ, HoMin is TVXQ period.

    Sting is Sting when he's not playing as the Police no matter what.

    If the work condition can be improved and settlement reached, employees can always go back. It happens all the time.

    ReplyDelete
  50. @ hye jin

    BTW, no one's asking CJS to go back to SM. That's up to them.

    ReplyDelete
  51. i think many have misinterpreted the meaning of the word 'TRADEMARK'. when SME wanted to trademark TVXQ, their intentions was to 'patent' the name itself (in a way), in a sense that others can't use the name without permission. the fact is, Sme still owns the name. people think that when their application to trademark the name TVXQ was rejected, it shows that they don't own TVXQ. it's not like that.

    ReplyDelete
  52. I keep laughing if I remember that time. thanks to your blog. this make me found a new reason why Yunho never keep his head down in every television program, fancam or else. his eyes told me everything and this blog explain the reason. its possible if CJS can win this case but still some other part in the world will questioning them. Keep your head down !!!!
    maybe they still can work together as professional artist but for friendship? maybe can maybe not. but if it was me. no !!! never !!!

    ReplyDelete
  53. @ hye jin

    Do you know the list came from this site?
    http://www.kepa.net/korean/member/member_view.php?menu=2&stype=company&unit=&no=55

    What’s the problem with this list?
    Do Korean artists need to be listed on this website to use their group name?
    The list doesn’t cover all the artists belonging to SME, eg, super junior M and S.M. the ballad.
    Besides, it does not include Jeajung, Yuchun, Junsu and of course JYJ.
    Does it mean the 3 cannot use their own name and the group name JYJ? I don’t think so. But with your logic, they can’t.

    BTW, I did a search with ‘백창주’ and ‘C-jes엔터테인먼트’, and got no hit.

    ReplyDelete
  54. sometimes I wonder if some JYJ fanatics in this blog even known roman alphabet

    @Precious
    @Kokoromiya7

    Well, honestly I dont want that to happen (JYJ as TVXQ members but under different company)

    Why?

    1. JYJ kept repeating over and over their hunger for freedom.

    So whenever SM plans to release a single/album, and Homin must be up to it (since their schedule is under SM), they should deal with JYJ's freedom before making it into action: world tour, 3hree voices vol.2, collab with Ne-yo, Junsu's musical Beethoven, Yoochun's Sungkyunkwan Scandal 4, etc etc ---> while these people they tolerate dont even give a damn about the company. or the other 2 jobless members.

    Oh, I forget JYJ are human beings while SM staffs and Homin are robots.

    2. SM should share their staffs, songs, concepts, to the people who had sued them and tarnished their reputation, and not even their artists ---> wow what a union of saints SM is.
    If I were Shawol I'd loathe a lot. if SM needs 5 people that much, better give that chance to SHINee!!

    3. Even if some (impossible) profit negotiation between SM and CJeS could (impossibly) happen, it should be happened under a CONTRACT.

    ............*gasp*

    How could you trust a second contract to the people who have violated the first one, THIS BAD? (who knows one day JYJ might involve in a Snacks company and sue not just SM, but also CJeS!)

    4. As a fan, it's just normal that I want TVXQ to be treated SERIOUSly, by people who are HAPPY and proud with it.

    Have JYJ done something that shows that they're serious about continuing TVXQ, other than the sappy talks? Did they even fight/suggest better contract clauses in the court instead of just wanting out of SM?

    and remember this:
    “Before we made up our mind, we spent over a year living in confusion. At that time there were external worries regarding our careers, profit allocations, and other factors that may have lead to the conflicting speculations of the public. However, our answers will always be consistent. When we look back on our lives, would we feel that ‘THAT TIME WAS TRULY HAPPY?’ The conclusion we came up with is ‘MOST LIKELY NOT.’ That is why we didn’t have the reason to continue on with our hesitations. Although we may have let down the fans who have loved and helped us all this time, we felt that this was the path to go on for our own lives.” (Junsu)

    JUNSU WASNT HAPPY with his live as TVXQ members.

    So Let's just end it for his sake.

    I can go on forever, but then Precious might label me as crazed chick, so this is the last:

    5. It's THE BEGINNING goddamnit. And this is from the official website (which now has changed to cjes.com)

    "New album from the EX-MEMBERS of Asia’s top selling male vocal act “TVXQ” collaborates with international music superstars on global debut"

    EX. They're done with TVXQ.

    (oh but now they suddenly call themselves TVXQ again because they're angels like that, after all they're the core of TVXQ, TVXQ without them is meaningless etc etc)

    SM is still nice I think. If I were SM's CEO, I'll grant fans whining about TVXQ is not TVXQ if not 5. I'll pick 3 rookies with nice voice to replace JYJ, there you go 5 TVXQ
    (eh i think I've written this here somewhere, oh well)

    ReplyDelete
  55. @Lapis.lazuli

    *clap clap clap* THIS!!! :D I think I start to become your fan! (But Precious is still my No.1 idol, though) ^___^

    ReplyDelete
  56. @Lapis.lazuli

    i lol so hard as ur post ... must love it

    i don't understand why JYJ always talk about The beginning, moving on but what they actually do it grab on the past aka TVXQ ... i guess they don't even know what they want ... or maybe they want both, which is not gonna happen, sorry ...

    ReplyDelete
  57. @hye jin
    you right JYJ is human not an angel xD
    How much TVXQ mean to them?
    How much Yunho and Changmin mean to them?
    Why they are so silence when Yunho Changmin bashed by everyone?
    yea of course because they are human not an angel
    they want their freedom.. they got it right? ah not.. maybe after they win this lawsuit.
    I Hope they win and leave Yunho and Changmin alone. because i'll supporting YunMin even they have to work as a model or actor else.

    ReplyDelete
  58. @precious:

    Sorry for just replying this, was at work and just got back. The pains of having an office internet, I can stare at KIPRIS all day but no access to personal blogs DX

    Yes, I set my journal so that people have to leave their email address and I review all comments because I am a control freak in a way.

    You have no idea how proud I am to have you read my blog ^___^

    @kokoromiya7:

    Glad to see you presenting yourself in a more polite way in someone's personal blog. But like I said at my site, to a lot of people this information is new. So for longer fans who has more knowledge in the matter, they don't have to read it if they don't have to. Why are you going around posting the exact same links to sites that talks about this matter when it is kinda obvious that this is new information for some of us? Besides, do you even read the article?

    For everyone else, you guys are awesome... really TOTALLY AWESOME. Hugs and Kisses from me XD

    ReplyDelete
  59. @lapis.lazuli
    vote up for your comment *wink*

    ReplyDelete
  60. @ Maddie
    Yes, that's exactly what I said in my post, but some people just don't want to acknowledge it.

    @ lapis.lazuli
    I highly doubt it's gonna happen. I was just replying to Kokoro...

    @ kenda
    Because they want to grab onto for past fame for obvious reasons.

    @ hyeonmu
    No problem. I'll contact you soon.

    ReplyDelete
  61. @ hyeonmu
    I just left you a comment on your blog.

    ReplyDelete
  62. @Precious hahaha I know, I mention your name because you answered to kokoro :)so I involve you in my comment ^^

    oh, this is the first time my Homin related opinion got so many agreements instead of bashings xD

    ReplyDelete
  63. @ lapis.lazuli

    You know, initially I had a thinking when they leave SM (whether they win or not) they can work together with SM to continue TVXQ while in different company. But after a while, as I spend more time thinking about it, things/questions start to pop up in my head. In the conclusion, I have the same thinking as you regarding the they working in two different companies with possible major conflicting schedule (which might take forever to decided or might not come to conclusion at all), not only that but also how the profit distribution work, probably much more complicate than with just SM since they have TWO companies to distribute and with ALL five member... just those two conflict (schedule and profit distribution) make my head spin @.@

    ReplyDelete
  64. hey you were posted here :http://kpopsecrets.tumblr.com/post/3067398754/whos-really-right-here-jyj-or-sm
    ^^

    that's how i got to see your blog ! thank you so much for sharing these informations with us and for translating so many things!

    ♥♥

    ReplyDelete
  65. @ hye jin
    Hello there lol
    I know who you are lol I am amazed how you use the same lame excuse as a reply to any SM related issue lol
    Didn’t you tell your dear followers that this website causes a lot of stress and told JYJ fansites to attack its post by adding links to their posts lol so why are you here?
    You should know that all the people who read this blog HAVE BRAINS lol
    I guess you knew that when you told one of your followers to read it without checking the comments because unlike JYJ biased fansites we don't bash anyone ... we share our point of view.

    You say that JYJ are human being then they are not angels and thus they commit sins and mistakes lol

    If JYJ are human being then HoMin are human being too and also SM is a human being lol

    Abusing your status as a celebrity is a sin so that proves that the trio is mere humans.

    All respected Korean celebrities and business men are ashamed of what's happening because it damaged Korea's entertainment industry reputation.They decided to be silent to respect the fans they didn't want to involve themselves in the saga because it is something between the trio and SM. This was HoMin's statement. They stated that they are not involved so using '' all the 5 wanted to leave SM'' is lame because HoMin cleared this with their statements.
    I think harming someone's reputation is a sin and that's what the trio have been doing lol They damaged the reputation of all SM's artists and they tried to cause problems to TVXQ's comeback. And they complained about being pressured with schedules and stuff ... guess what they are doing it to themselves lol They have a backed schedule so obviously it is not the main reason.
    Finally, if they wanted to protect TVXQ's name why did they leave? Why didn't they stay and fight to protected it? The only thing that harmed TVXQ's name and reputation is the trio's actions and behaviors.

    and P.S: the feudal system is kinda in North Korea not in South Korea. SO, i guess SK is totally against it and against any form that is similar to it lol I know that you view SM as a God because apparently SM is able to bribe anyone but when it comes to this SM is no exception lol The feudal system is not something SK is proud with lol SO STOP DAMAGING SOUTH KOREA'S IMAGE.

    ReplyDelete
  66. @Hotaru
    IKR? and that wont be fair to Homin ._.

    @Precious

    you're a boy? lol no wonder you're relatively calmer than most of the sites owner I've seen so far.
    loooll and I've read the comments on the link CaROli posted, and OMG seriously their comments r just pathetic, and desperate, they keep on insisting "OMG STOP no one knows the truth but themselves etc" when they're not even trying to find one, accusing people bias etc..

    How could they say that site like this r "Homin propaganda" while those SM/Homin bashing sites r "truly TVXQ" sites?
    I dont think they even read the content of this blog btw, their eyes burn before they finish ._.

    but ignore the haters, a lot of people support you here! yay! xD

    ReplyDelete
  67. @ carOli...*

    I checked out that page, and it's funny some people are saying I deleted anything I didn't like LOL. Yes I deleted some comments because they were spamming, but I left most of the comments intact. I guess they didn't even read the comments section.

    @ lapis.lazuli
    Yes, I'm a male. Now you know why I wasn't a die hard fan, but I have tons of respect for the two as a fellow man and really like their new album because it's different than other idols. My personal favorite is Maximum. :)

    If they are going to preach about not knowing the whole truth, then they should stop taking sides themselves and stop bashing SM also.
    I'm not bothered by the haters, I expected them, so no need to worry. :)

    ReplyDelete
  68. hehe, i've been reading your blogs from nearly the beginning when you only had like four followers, and watching it gradually become more and more popular gives me the hope that people will finally see the truth in all of this. JYJ fans are in for a nasty wake up call, but I do hope that they are open-minded. In the beginning, I had respect for the guys for standing up to the rights, but now that I realized that it's all just a cover-up *sigh*.

    ReplyDelete
  69. @precious
    can you give me any clue. why i saw Yunho still got a lot of support from Korea itself out from fans. Like Haru, Goong. all about Korean culture and they promote it for international. I know this topic far from lawsuit matter.
    Why I always feel that Korea really protecting Yunho.

    ReplyDelete
  70. i'm so glad to see more people coming to this site and comment, Precious effort really paid off.

    Anyway today is Lunar New Year, Happy New Year everybody

    ReplyDelete
  71. @ Precious

    You know, the only reason I though you was a female because of your blog username "Precious", because I have one teacher in college, and her name is also Precious XD...

    And regard to people who said this blog is HoMin/SM bias and they only trust JYJ3 or JYJfile (or whatever JYJ bias sites) when those site also BIAS SITES THEMSELVES, and you not even denied, to some degree, that you are bias toward HoMin in your introduction (if only they READ all your posts). You support HoMin over JYJ because you actually went out your way to do your own research AND THEN come to conclusion yourself base on your research tell you. You not like me who bias with Changmin from the beginning (but I still love and support JYJ).

    I read their blogs/site WAYYYY before I know/read your blog, and a lot of stuffs they said are based on their assumption a lot and with no evident to support that argument. Kudo to them that I actually believe them before, but whatever they come up with doesn't answer to my questions at all, and there are so MANY versions of "why" and their reason to back up keep changing.

    After read your posts (from beginning to latest post), I found your research MAKE SENSE and you have links provided to your research evident, while the other just have link to other translation from JYJ bias (not even neutral site) site instead of original link to original articles.

    It really bug me that they not even bother reading the content themselves and just ASSUME this blog is fake and bias (or that SM pay you <- that make me LOLS). And they said you delete ALL the links/posts that JYJ stan posts (when you only delete spamming/repeated posts) while site like soompi DID THE SAME THING, they even go as far as BANNING people who they think "spreading false rumor".

    My main point for all this rant is What make other JYJ sites CREDENTIAL and this site/blog NOT? because they adores CJS because they "knows" CJS are kind heart people so they ALWAYS right? So SM must be the super evil and super bad guys since kind heard and nice people like CJS sues them? Therefore whatever JYJ sites said must be TRUE and CORRECT? and while any site or people said positive thing about SM (or HoMin) is wrong and bias? Because the things I read in there about CJS/JYJ is POSITIVE while everything about HoMin and SM is NEGATIVE... come on people, we live in the world of GRAY not BLACK and WHITE.

    Sorry for long ranting and I know I repeat a lot of stuffs I said/post before, but it... just... irritating me...that people keep assuming and not bother reading what other people have to said or write before past their judgment... read it BEFORE you said or past judgment on people

    ReplyDelete
  72. I have read the articles here a bit but this is my first time commenting. I became a fan of dbsk (5) last yr in august AFTER all the lawsuit shizz happened. And I never wanted to know the nitty gritty simply because too much speculation and rumours were flying around, and I didn't want to believe them. I did, however, had a strange nagging feeling as to what the trio's motives might be with regards to the lawsuit. And after reading your articles, I guess I'm right. Im more inclined towards HM partly because it aggravates me to see that they suffered so much in silence. As I commented on @hyeonmu's blog, sometimes the sad thing is that the lines between biasness and oblivion get blurred so bad people turn disrespectful and ignorant. Sad, sad.

    Thank you so much @precious, for the valuable information BACKED UP by evidence, and especially for shedding some light on this matter for dimwitnewbie fans like me. Hehe. I feel glad knowing there are still people in this situation who are able to think objectively and maturely. I just wish the whole lawsuit would end in JYJ's favour. Don bash me, just my gut feeling they'll win. But if they win, they can get on with their lives and so can HoMin. I think alot of hardcore crazed JYJ fans are butthurt that the trio isn't able to extensively promote like HoMin and instead face obstacles every step of the way. Unfortunately, their act of stupidity slithers in when they decide to channel all that frustration into some kind of hatepool against the duo. So maybe they'll quieten down when the lawsuit works in their favour?

    Question (dumb ones probably but I REALLY am curious so sorry) : If the trio wins the lawsuit what happens? And does this mean the truth (by that I mean the trio's REAL motives for conjuring the lawsuit) would never come out as well? Cause that would be sad, meaning HoMin would always be perceived as the "cowardly" ones. Sigh.

    On an ending note, I enjoyed reading all the comments above, u guys have serious class!! And @precious, thank u so very much again for the enlightenment. Sorry for the long rant.

    ReplyDelete
  73. @ Gayathri

    Don't worry, I'm the same as you, I only know them a month after the lawsuit take place. And I'm 50/50 on who should win the lawsuit since SM will end up in bad situation no matter the final result from the judge/court. JYJ bias fans will on rage parade if CJS loose but they also on happy "in the face SM" parade if SM loose. But I do want CJS to move on as JYJ and leave SM and HoMin alone if they win the lawsuit. The lawsuit only to varify whether the contract is valid or invalid, so the truth does come out or not is not the main point. Sadly, yes.

    But thing it this way, even IF HoMin only have only 1/10 of their original fanbase, the 1/10 will be wholeheartedly support HoMin through thick and thin, and along the way, they might get more fans (like they already did at the moment - new fans have jointing them :)). Let's not bother the remaining 9/10 said about them since HoMin doesn't really care all of those attacked for the past 2 years. Yes, those comment might be hurtful, vein popping, and bad your your heart, but we can't do anything but support them as much as we can with our power.

    And your rant is not as long as mind above LOLS

    ReplyDelete
  74. @ Pratheepa
    I'd like to think most JYJ fans just lacked information. I mean if you look around, there really isn't any source of valid information, so I can't really fault the regular fans for misunderstandings. Like you said, I hope they have an open mind to at least realize there is another side of this situation.

    @ dhanirahman52
    Haru is just a promotional drama from govt department that Yunho was casted for a role, and Goong is just a musical that's based on a comic book. I'm guessing he did Goong to prepare for the comeback.

    @ kenda
    Happy New Year for everyone!!! :)

    @ Hotaru
    Didn't bother me if you thought I was a woman. I knew people would think of me as a woman especially because of my nickname, but it really doesn't matter if I'm a man or a woman. :)

    I don't think HoMin fans are 1/10 (I know ur just giving example) of their original fanbase especially for Japan. You only need to look at album sales. Same in Korea, they sold 90,000 albums so far which is actually not bad. JYJ sold almost 130,000 albums in Korea (both according to the Hanteo chart). I think even the difference in numbers of fans are greatly exaggerated as well according to the album sales. Just another way to discredit HoMin.

    @ Gayathri
    This is totally a speculation, if CJS wins the case, SM may have to pay them for damages too, but more seriously, anti-SM/Homin fans will have field day for a long time and SM and HoMin's reputation will take a big hit. I think for this to end as quiet and smooth as possible, SM needs to win. BTW, welcome to my blog. :)

    @ Phlootuga
    Thanks! :)

    ReplyDelete
  75. @Precious
    you said ..."if CJS wins the case, SM may have to pay them for damages too, but more seriously, anti-SM/Homin fans will have field day for a long time and SM and HoMin's reputation will take a big hit"
    it make me nervous. i'll take my word that i hope JYJ win at my comment before.
    any possibility to lose but Yunho and Changmin still want to take the risk. im really nervous now.
    I hope God will help YunMin. Btw I still not finish learning and analyse all your post. I read it slow and carefully. I read for 1 topic, many times xD

    ReplyDelete
  76. @ dhanirahman52
    That's cool. I personally don't care who wins the lawsuit either, and I just want CJS to do their own things (be an artist, actor, release an album whatever), but because of the consequences and all the bashing HoMin will take from anti-HoMin/SM fans, I'd much prefer SM to win the case. I doubt HoMin fans will bash CJS much even if SM wins the lawsuit. There are other reasons why SM should win the lawsuit, but I'll just stay politically correct. :)

    ReplyDelete
  77. @ dhanirahman52

    I used to think that the trio had chance to win because I thought that it was about the contract but after knowing the real reason I think that it is all up to the court to decide the winner lol
    And after Kara's saga, things got more complicated because the court noticed how its decision is going to effect the whole industry lol

    Also i noticed that this lawsuit will not effect the trio and SM only .... it will effect the relationship between Korea, Japan, and China. That's my mere observation because avex stopped supporting the trio. Again, I am not sure about what i have said lol

    ReplyDelete
  78. @ pinkdreamer88
    If the 3 filed the lawsuit early instead of riding out the injunction, they probably had much better chance to win the case, but now the tide has turned (especially after 62.5% was found by DA), also the actions of some fanatic JYJ supporters really turned public's opinion (like totally killing the non-fan boards with their anti-SM, pro-jyj spams), and I think that helps SM's case as well. The judge may try to be neutral, but he can't just ignore the public opinion, especially because the judgment is going to affect the industry as well like you said.

    ReplyDelete
  79. omg...finally i can speak up :XD
    i've read this blog since last year as a silent reader..lol
    I also post your link to my social network.but, it seems no one care.so,i don't care about it anymore.i just come here everyday,read your post and comments.also checking to your old post if there's new comment in..lol
    so far,all your post is suit with my thought..:XD
    ah,ya..you are a boy??omgs...may i say you are "another HoMin fanboy"??hahaha..
    all I want to say is: THANK YOU Precious..^^

    i'm waiting for your next post..hwaitiiing!!

    @kawaiinu: i've read about your post on soompi few days ago and also the comment about your post.feel sorry about that.i'm sorry for not helping you~~
    *ask Yunho for hit me,coz i'm really a silent reader..lololololol..*my bad ><

    thanx for now and for your next post ;)
    idk when will I post my another comment again :P

    ReplyDelete
  80. i'm a long time silent reader of your blog. out and loud homin bias from right the start and going strong. i totally appreciate your effort in doing this, really couldn't thank you enough.
    imo, there's a hardcore stans in both sides, like me who believes in homin thus i ignore sap stories and laments from the other side, and vice versa. there's also fans who support both sides and open to discussion, and this is where your site and the other's biased sites can do their part. thank you again for doing this.
    wrong place to rant, but a few days ago i lashed out my anger to one of fans in omona (she's an extreme jyj bias that pretends she supports all 5) for a post in her journal. it was a long time ago, written last year before their comeback. in her post she wrote how she's fallen out of love with yunho and how it hurts her blahblahblah usual sappy shit and i'm okay with it until i read her comments on how Changmin was totally ignored by SM despite him staying loyal to the company since he had no activities, PR was put on hold etc. she started to compare changmin to moon hee jun and at the same time had snide remarks on how Yunho is so doted by SM like kangta. delusional jyj stans generally thought changmin wants to join jyj for the lawsuit and he's not happy that he's stuck in SM. fast forward to now and we can see how Changmin loves SM, SMFamily and how SM actually loves him too and never ignore him in any sense. plus he seems like he's the most pissed out at jyj compared to yunho.

    ReplyDelete
  81. ...cont
    to me, Changmin is the one i look up the most in this whole fiasco. if SM's contract is half as shitty as jyj claimed, then i see no point of Min staying. i have a slight yunho bias but even so i don't trust his decision 100%, since i know how precious Yunho is to SM. what can i say is, the whole privileges yunho obtained in SM may cloud his judgment but Changmin isn't in Yunho's shoes. he was the least promoted among the five and i feel like he can rebel and try to get out of SM while he had the chance if he feels like he's suffocating with the contract.
    about jyj, i'm positive they're having dual contract despite what they said that cjes is merely an agency. i hope their cray cray fans can see why major broadcasting companies cockblocked them because they're showing such a dishonesty and not having any integrity in what they're doing.

    ReplyDelete
  82. JYJfiles has created a "Petition for the Recognition and Protection of JYJ's Legal and Human Rights".
    http://sign.thejyjfiles.com/sign/index.php

    It's almost amusing how far this whole "human rights" thing has gotten when that wasn't even the issue to begin with in this lawsuit.

    Do you think this will have a big impact? I think a lot of people will sign, given the number of JYJ fanatics out there. They plan to submit it to Korean government agencies. Do you think will effect the lawsuit very much?

    Thanks for everything Precious.

    ReplyDelete
  83. @ jhj2001
    It sounds like another tactic to divide HoMin fandom by anti-SM/Homin fans. They do similar things back in Korea too like comparing the two on purpose etc. I'm not sure if you can say if Yunho gets preferential treatment from SM. I know that Yunho had more small activities last year, but Changmin also filmed his drama last year too, it just got delayed because of finding TV slop. I think it actually turned out better for him since it is airing now after TVXQ's comeback.
    I'll cover about the dual contract issues too.

    Thanks for your support.

    ReplyDelete
  84. @ my-occlumency
    Not sure if I can be called a fanboy especially compared to other fangirls, but I'm a supporter, that's for sure. :)

    ReplyDelete
  85. @ uknowgirl86
    It could I guess, but I won't know the how effective it would be. It looks like fanatic K-JYJ fans are everywhere. They started something like that in Japan too, but it's not working that well for them.

    ReplyDelete
  86. Did they? Well i'm not surprised it's not going too well since Bigeasts/Japanese fans seem to be much more supportive of HoMin than Cassies/Korean fans.

    Again, thanks for everything. I've recently started reading this site and I really appreciate all your effort and research. I look forward to catching up on your posts and reading new ones :)

    ReplyDelete
  87. Hi: My first time posting here, but let me say that I love this blog and now everything related to HoMin in general including fans because they seem so much more mature than fans of JYJ-It just seems so wrong what HoMin have to endure. After going through all the facts , it seems that the reasons for the lawsuit are as ambiguous as the claims from JYJ's side-I just can't take this we are the victims and garnering sympathy spiel anymore-Just wish HoMin shake free of all this drama and keep on continuing on the path that they are on now-again thank you so much for giving us all this info!

    ReplyDelete
  88. @pinkdreamer88
    Also i noticed that this lawsuit will not effect the trio and SM only .... it will effect the relationship between Korea, Japan, and China. That's my mere observation because avex stopped supporting the trio. Again, I am not sure about what i have said lol
    yea i feel that too. but about avex I really no clue. honestly i dont trust 100% to avex since what happen to YunMin last year but it only base on my feeling i dont have any proof at all xD
    @Precious.
    I really didnt know much about law or etc since im only music lover xD. can you give idea how much I should trust to lawyer statement about anycase. Cs since their job is to make their side win they will take everything to make their side win right?

    can you make any review about this http://thejyjfiles.wordpress.com/2011/01/25/trans-the-charge-%E2%80%98manipulative-fraud%E2%80%99-is-applicable-to-the-sm-dong-bang-shin-ki-case/ and this is the source http://www.nocutnews.co.kr/show.asp?idx=1222769

    ReplyDelete
  89. Wow so many comments ^^

    @Hotaru
    I'm agree with you.
    Here's the deal people:
    There are 2 sides of every story.
    To every action there is always opposed an equal reaction.

    It's very common in life to have different point of view and opinions. JYJ supporter can make blogs like JYJ3, hopeforJYJ, etc and seems no one is on fire that much, If JYJ supporter have rights to support JYJ, in the name of earth... WHY HOMIN SUPPORTER CAN NOT DO THE SAME LIKE THEM ? JYJ supporter talk about the human rights alot, even they make petitions about it. So in common sense, they also have to accept the fact that Homin supporter also have the rights to speak their minds.

    All JYJ blogs have feeding their supporter with articles and arguments and Precious is the only blog I ve encountered that feed us with facts, beside the articles, from the 3rd party, such court documents, kipris, and kepa sites, and many more. And yet he is accused for spreading lies? articles+opinions Vs Facts. Which one talks louder? you decide yourself. And btw, not all homin supporter are dumb like what JYJ supporters think. We might seems like taking this blog's every words like A HOLY BIBLE. But HEY!! We do our research too before finally approving Precious's post.

    Sorry If I slam everything. I dislike people who blurt out without strong backup arguments.

    @dhanirahman52:
    abt that articles. I dunno why but I still think that as political moves. The lawyers they're mentioned are heavily involved in politics. Who knows it might just another move to gain public supports.
    SM used to their advantage the ‘naïveté’ (lack of objective judgment and discernment) of the Dong Bang Shin Ki members to burden them noticeably disadvantageous contract.
    I'm pretty sure when DBSK members sign contracts, their parents were with them, since they're minor. One parents is law graduate while other one parent has business flares. It's kinda hard to think they're manipulated.

    ReplyDelete
  90. there is Petition for the Recognition and Protection of JYJ’s Legal and Human Rights http://thejyjfiles.wordpress.com/2011/02/02/petition/
    How about YunMin or SM reputation damages. did we can make another petition to protect YunMin too?
    Since YunMin is Human too they have a right to be protected by law too.
    How many % petition can help to win the lawsuit?

    ReplyDelete
  91. @ dhanirahman52
    That lawyer is known as "migratory bird" among public for his political moves taking whichever side he sees fit. He is a politician, and he just wanted to say something about the hot issue at that time. I'd take any lawyer's statement, especially the ones in politics with a grain of salt.

    If you want a lawyer's opinion, how about an article by "Yim Sang Hyuk" who is defending CJS on this trial.

    http://news.naver.com/main/read.nhn?mode=LSD&mid=sec&sid1=106&oid=108&aid=0000013950

    He's saying it's too easy for artists to break the contract, and there needs to be a system built in to make it harder. Ironic, isn't it?

    As for the petition, I guess TVXQ side can start one too. I don't really know what kind of effect a petition like that will have on the lawsuit.

    @ yunj4evah
    HoMin seems to be quiet, reserved and professional on their conduct, and their fans seem to follow suit.

    ReplyDelete
  92. @ dhanirahman52
    Another thing to add, TVXQ's members all signed their contract with their parents, so that clause that the lawyer is quoting does not apply. If SM's signing of TVXQ members were illegal and fraudulent like the lawyer he claims, I'm sure CJS would've filed a lawsuit against that as well.

    ReplyDelete
  93. a friend of mine study law and according to him, if they signed the contract when they were minor, they need to sign it with their parents. When they turn legal (18 years old), there're a possibility to cancel the contract if they wish to since the contract were signed when they were minor. However you can see that they didn't and continue with the contract till last years. The contract also be revised time to time and every time they signed with mean they agreed to the terms. So using the reason that they were minor as the time signed their original contract won't work

    ReplyDelete
  94. @ dhanirahman52
    Did you read YunHo's father statement?
    pay attention to this part:

    '' In that meeting, Mr. Kim stated that Avex of Japan made an official inquiry about the cosmetics business, and he requested to refrain from the cosmetics business because the business was not a simple investment. He also said the business can damage TVXQ’s image, and the members can incur enormous loss because the business was using TVXQ in direct and indirect way. ''

    See Avex is also against that cosmetic company.

    I am supervised that his statement was ignored. It says a lot about the real problem and proves that the contract is fair and the trio are using it to be able to work with that company.

    ReplyDelete
  95. @precious

    "HoMin seems to be quiet, reserved and professional on their conduct, and their fans seem to follow suit." ---> as a HoMin fan, I feel flattered, ^___^

    But I do also think it goes both ways. I personally don't change who I am (my values, my desire to know or my beliefs) to fit Yunho and Changmin. It is more because of the fact I already have a set standard and values in my life that I am leaning toward HoMin. I wouldn't idolize an alcoholic rock star no matter how 'talented' or 'artistic' he is. I would rather idolize a 'regular pop singer' who have shown integrity and sincerity in his behavior.

    ^___^

    ReplyDelete
  96. @precious
    Thanks for the Link.
    I Think YunMin always ready with every possible thing about lawsuit matter.
    Your blog give me alot of source which i can analyse it too for my self. still not finish yet xD
    it takes more long time than i thought.
    Lot of pro and contra reader for this blog I hope you still patient to answer our question xD
    Yunho true. this matter is to big for them both (YunMin) to handle. and they choice to focus in work as professional singer model and actor. that a good choice.

    ReplyDelete
  97. @Hyeonmu

    I have to agree with you n_n
    "A man is judged by the company he keeps."

    ReplyDelete
  98. @pinkdreamer88
    ah I see.. yea I read it but not pay attention to that part. thanks for remembering me.

    ReplyDelete
  99. @ Gayathri
    LOL, I was addicted to this whole situation because it was better than a drama. :)

    I truly believe that SM has a pretty good chance of winning this lawsuit. Hangeng's contract and situation was different than TVXQ's.

    It's not going to be pretty if SM loses the lawsuit. Even if they win, it's still not going to be pretty (u know why), but at least it should be manageable.

    ReplyDelete
  100. @precious Haha I know right, soo much drama *grabs popcorn* Btw random, didn SME revise the duration of the contracts? Does it apply to HM as well? Then technically wouldn DBSK's contract have ended? Or maybe HM extended their contract?

    P.S - wise words from CM's dad, indeed. Seems very well thought out to me. Just curious how come SME managed to overlook jyj's involvement in the cosmetic business until things got so bad...correct me if im wrong

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  101. @ Gayathri
    I didn't hear anything about HoMin's contract, so I cannot say.

    SME was ok with the business initially, but it was actually Japanese fans' complaint against Avex that prompted SM to look into the matter. I guess SM trusted CJS.

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  102. omo... a hundred comments!

    i sincerely admire their loyalty and their love to JYJ but i feel The Petition is another random act!
    why JYJ side are always overacting to any public opinions opposite their side?

    'SM entertainment and its affiliated organizations ..... have FLAGRANTLY VIOLATED ORDERS BY THE COURTS ......' then can't JYJ or their lawyer file a complaint to the court over the action of KMP Holding,KEPA,KFPCAI???? they have a RIGHT to do it,aren't they?

    wah.. im really not sure for those who signed the petition,do they fully understand what's written there!(there are Treaties,Convention .... i last heard when i was in highschool 'Warsaw Treaty' ^___^) But loving someone isn't wrong ^^

    just LOL !!! JYJ side(not JaeChunSu themselves ^^) has only ONE excuse for every situations >>> SM did everything! hmmmm..m sorry to say whether TVXQ will continue as five or not,i don't see any reason for SM to drag themselves involved everything related to JYJ now! Revenge? From H.O.T to Shinhwa then TVXQ now,i think SM has learn more lesson. And SNSD makes most profit to SM these day, why SM has to butt in sth they don't get any benefits from?
    More, SM is not that dumb to make stupid conspiracy with other entertainmnet company to do any thing with JYJ activity while both party is in their lawsuit,isn't obvious that SM'd get negative consequence from that?

    im pretty sure JYJ lawsuit would make some changes to K-entertainment industry but they make their hoobae would be in difficult situation as well because basically management agency need to protect company's interest,they have to consider more to prevent the incident case like JYJ either Kara.

    oh.. im not only one that keep refreshing Precious'blog to see update and read comment LOL

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  103. @ adrenalinss
    I think it's the K-JYJ fans are behind this petition, or international fans are just mimicking what k-jyj fans were doing.

    There are certain things I don't like about the Korean entertainment industries too, especially the schedules of entertainers being too harsh, but I don't think that's really SM's fault. It's the overall industry structure that needs to be fixed because even actors/actresses only sleep 3-4 hrs a day. The industry is just ultra competitive that almost necessitates overworking. Those need to change.

    Because of JYJ, there won't be any more long term project groups like TVXQ any more because companies won't invest in them. Good thing that it's easier to penetrate the international market now, lessening the need for such long term contract.

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  104. @pinkdreamer88

    Yeah, that was also what made me think that there were more than "CJeS is related to mafia" as a reason why Avex dropped JYJ. If Avex didn't agree with JYJ's decision in cosmetic business, why then they had contract with JYJ?

    I believe that one of Avex's intentions was to reconcile JYJ&SM (which I don't think as a bad thing), or, according to the wellknown type of person Matsuura is, to understand his artists closer/more personally. But it didn't work as planned as Masato said, "there's something they didn't tell us" --> avex keep it a secret until now, but I guess it's more than the mafia thingie.

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  105. Yes but @adrenalinss they were saying how this would be presented at court and all that (the petition). Thats why I was wondering how impactful would it actually be in swaying the decision of the court? I asked @precious this before about the odds of SM actually winning the case. 50-50? I sure hope so. Cause either way Sm (and HM) are gonna take some crap (whats new) but if they lose its probably going to be worse =S Thats why was wondering if such petitions were effective.

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  106. I open files about them again at few website (from neutral side). about JYJ sueing SM, SM sueing JYJ, SM try to fix contract, about JYJ form a new group, Avex drop JYJ, Homin still work under avex, crebeu (laugh), TVXQ back at 2011, Junsu twitter, Homin explantion about KYHD, JYJ statement about Homin use TVXQ name, now about trademark JYJfiles at 31 jan 2011 and Precious at 1 feb 2011. etc etc. also i replay again a bucnh of fancam.
    My opinion is JYJ want to free to manage their profit without SM "unfair oe SLAVE lol contract" or Avex "Money tools", Yunho and Changmin want stay as TVXQ under SM (because they saw that contract matter is not enough for YunMin as a reason to leave SM and they believe of SM future palnning for them), SM and Avex still want as TVXQ managing company (end with only work with YunMin for now idk later).
    About Trademark (Smile) what I know is if at my country name belong to the group, BUT if the group found by company as group before recruitment, in TVXQ case like Precious said "TVXQ wasn't formed by the members themselves. They were picked by SM from many of its trainees and the group's name was created by SM as well." yea JYJCM is only trainee before they not a big star before
    I hope JYJ more confident and proud to use JYJ name because that is what they want from the start. complaining to Yunho and Changmin use TVXQ name only make some people thinking that JYJ want to use TVXQ and JYJ name in the same time.

    @lapis.lazuli
    "I believe that one of Avex's intentions was to reconcile JYJ&SM (which I don't think as a bad thing)"
    i think that way too but not sure 100% xD.

    SM showing good moves to fix their company name ( a bunch employee there) their step make me think they not bad as a lot ppl think. artist VS SM employee. not anymore now is artist with SM employee solid team.

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  107. @ lapis.lazuli

    When I read the statement that are released by HoMin's parents I was shocked because they describe the situation and why the trio is so attached to that cosmetic company.

    As a Cassie I am hurt because the trio ditched TVXQ's name for a bunch of money. Avex noticed that the company is suspicious and it may ruin TVXQ's image.

    There is a part in Changmin's father statement when he said that HoMin were living in fear because they were pressured by the trio to leave SM and to join them. That's so low. I can't believe that i used to respect them ... Now I feel nothing towards the trio. I don't even care if they win or lose I just want the truth to appear.

    Right now, TVXQ is HoMin and JYJ are JYJ. This is something that have been decided by their actions. HoMin stayed to protect TVXQ's name and trying their best to avoid involving TVXQ in suspicious business where as the trio didn't give a damn shit about it lol simple right? So, as a Cassie who loves TVXQ I don't want TVXQ's name to be involved in shitty business lol

    The trio no longer represents TVXQ's ideals.
    They have said it themselves that they didn't find happiness in the past 7 years so they were faking their smiles and happiness, right? They were not pleased by TVXQ's ideals and goals.

    I am supporting HoMin because their acts represent TVXQ's ideal.

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  108. My common sense says that if you write and compose a song, the song belongs to you, not the company where you happen to join at that time. For example, Ayu has all her songs, even though she gets AVEX management. Why not TVXQ?

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  109. @TVXQ5

    It depends on the contract. Most employees live like this (what you create/invent belongs to the boss). You can still receive royalties for your work though... depends on... the contract, who/how you patented/trademarked it yada yada

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  110. @ TVXQ5

    That's not common sense :D That's personal opinion lol

    First of all, you should have read the contract that all the members and their parents have agreed on and signed. It states that all the songs are owned by SM even if they were written/performed by the members PERIOD

    I am surprised that you ignored reading it lol you can find a detailed translation here.

    For more info about legal stuff try to google about this issue :D
    I found this website that MAY help you to understand the difference between writing a song and publishing a song :

    http://www.cleverjoe.com/articles/music_publishing.html

    and finally, have fun reading it that's if you decided to read it ;)

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  111. @ TVXQ5
    I don't know about your common sense, but the songs composed by each member are copyrighted to the members themselves. Check Korean copyright department.
    http://www.komca.or.kr/

    The members just cannot use the songs outside the company on their own according to the contract they signed.

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  112. @TVXQ5:

    Talking abt common sense... I'm a researcher, I work for my professor in Institute A. I did all the job. In the end of my paper works, I'm not the only person who has the privilege to claim my works, BUT my professor too. WHY? Because I work for him. If I wanna use my paper works for my own benefits outside Institute A, I have to ask permission from my professor too.

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  113. @TVXQ5
    The vast majority of TVXQ songs were written and composed by SM employed songwriters, including most of their representative hit songs like Hug, O, Rising Sun, Mirotic, etc. By your reasoning, those SM employed songwriters own the rights to nearly all TVXQ songs. But it's not that simple either, because there are a ton of different factors that go into ownership rights, not a small part being a songwriter's (or any employee's) contractual obligations to an agent/company they are under contract with. Particularly if that company is also the entity that produces/publishes/distributes the product that the employee originally created. As ayoepan explained, that is just how real life work, works, and it does make sense.

    Regarding Ayu, from what I know of her she writes all her own lyrics but nearly all her music is written for her. As such it is impossible that she exclusively owns her songs. And I am sure that Avex has a cut in ownership rights to her songs too, especially considering she's been with them exclusively for pretty much her entire career.

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  114. honestly , i am getting a bit scared of the consequences shd JYJ win the lawsuit .

    i am worried more for the 2 boys den SM ,
    and i am afraid that this will totally ruin them .

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  115. @ justine
    It's going to affect HoMin, but I highly doubt it would ruin them. First of all, the lawsuit is between SM and the 3. Also, the public opinion has turned against JYJ in Korea and Japan, and only a few fanatics and many who have no idea what's going on are backing them. Just look at the album sales. It clearly shows where the fans' support is at.

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  116. @Precious if we are comparing sales to mirotic, both sides did ok only. But it's shown that JYJ had indeed outsold HoMin. And as I was telling a friend, many international fan's are swaying in their decision to stay as an OT5 or jump the bandwagon to either HoMin or JYJ . Perhaps I'm surrounded by too many JYJ stans who constantly badmouthing SM and call HoMin names, so I guess my confidence in this whole drama is wavering.

    Nonetheless thanks for getting back to me on this.

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  117. @ Justine
    I was comparing JYJ's and TVXQ's recent album sales. The numbers are comparable, so you can't really say JYJ fans overwhelm TVXQ fans in numbers, unless JYJ fans were too cheap to buy albums. Also TVXQ's Japanese singles sales is truly outstanding considering there are only two members now.

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  118. Hey Precious, this is a little awkward but i don know how else to contact you. If you can could u pls remove my long-ass rant of a comment (dated feb 3rd, 8.25pm) I usually try not to bash the other side but this was getting a little too much especially after I saw the petition they came up with, and hence felt the need to vent. I apologise. I do wish to see that comment appearing. So yeah...lol this is getting even weirder but hope u can help. Thank u! By the way, looking forward to your next post. As usual, slumberparty awaits and you're most welcome to join us, my man. Haha.

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  119. @ Gayathri
    I just removed your comment. I didn't think your comment was out of line, but thanks for self-moderation. :)

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  120. Truth about TVXQ??? When can I red "Truth about JYJ"?? then "Truth about SME" , "Truth about CJes"...

    I was wondering why ppl dont just support who they like and who they are happy with?? But discussing about the "truth" .. How true is that "truth" ?? and i dont see anything worng if JYJ left SM cuz of money..Or Homin stayed cuz of money.. So what?? they are not doing charity job.. They all are doing business.. they will choose the way they think is right cuz different individual has different opinion.. (i read from the post and this is what Junsu's dad said) So they walk the way they feel confortable and believe in.. Is it "wrong".. So the "truth" is "It is wrong to walk ur own way.. Abendon what u believe and stay where u r regardless of ur opinion."

    By the way, those who says the "truth", can i ask a question?? How much do u know about ur own parents?? How mcuh do they know about u? Even family members only know what the other party says.. The evidances??? well, those truth can be concluded using those facts using ur own judgement.. Is it the truth??

    I am not afraid to say here that i am Yoochun fan, and they are also shouting the "truth" out loud.. But i dont 100% believe what they are saying is the truth too.. Cuz no one can know the truth beside the individual and GOD (any god u pray) .. I support them cuz they make me happy.. Nothing to do with the truth... they are not cheating money, or destroying other's life or raping girls.. So i dont think they are bad... if god knows the truth, those sins u all are mentioning might/might not be sins..

    By the way, did God mention that ppl who are saying this and that is sinful without knowing the actual truth are sinful???

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  121. @ mee
    I think you are missing the whole purpose of my blog. If everyone treated this as like you say, then there's no problem. I don't know if you're just turning a blind eye on this whole situation or just pretending to not knowing what's going on, but the reality is there's a lot of bashing towards HoMin and SM, and it's happening because many evidences and facts are intentionally hidden and distorted to make them look bad. I am presenting those facts not known to international fans in my blog.

    You are a Yuchun fan? No problem with that, so go ahead and support him.

    Oh BTW, they didn't rape any girl, but they intentionally destroyed TVXQ and HoMin's life, and throwing all the blame at HoMin and SM causing both of them great loss.

    Before accusing anyone of being a "sinner" you should really look at yourself in the mirror.

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  122. @mee
    Don't want to be rude or anything but it is hard to take someone seriously who does not know how to spell. Not only that but your comment hasn't made any sense since the beginning. Only thing I noticed was they haven't raped anybody and how you can honestly feel comfortable putting that into a sentence makes me question your intelligence. If you don't feel this is the truth that is fine. But precious has given us not only official paperwork on this site but has also given us links to the direct sources. If you choose not to believe facts that is your decision but to come in here and throw around God and sinning is frankly blasphemous. The lord and the word sinner which both you so easily throw around have nothing to do with this. But if your so easy to throw around the word of god what about For in the same way you judge others, you will be judged. Be careful the way you throw around words and careless judgment of others.

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  123. You people are delusional, business and emotions is what you use only when convenient to give certain explanations. Industry Customs?What? Are you all serious? So suddenly just because something is "custom" of the industry makes it alright.
    Give me a break people!
    I understand they gave these guys a chance, but you all make it seem has they should forever and always be in debt with them, even if it sacrifices their happiness. All TVXQ members have paid their dues in the Industry, I don't see what is so wrong with them challenging these "Customs" and trying to make a better life for themselves.

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  124. @ lnbt_6159_lalolover
    What dues have they paid? I don't even think they need to pay anything back to the industry. It's about keeping the promise they made and honoring the contract they signed.

    There's nothing wrong with bettering one's life, but it's seriously wrong to slander your former teammates in the process and spreading lies.

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  125. @ lnbt_6159_lalolover

    ...........................

    since the trio used a legal action to take their '' rights'' ... The same law gave SM the right to use TVXQ for HoMin's comeback.

    ^^ easy logic right? if not then how come the trio believed in such law?

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  126. Till now, I'm still confused. Am I right to say that if all five left that time, they wouldn't have the rights to the name DBSK/TVXQ/THSK, and all the songs under that name, unless it's composed by themselves?

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  127. the only way to reunite DBSK is CASSIES to reunite..whats the use of being the largest fanbase if you can't do anything to your idols..THINK CASSIES!!! im a hardcore ELF and we dont want this to happen to SJ..i've been a fan of DBSK because of SJ..i understand all the cassies out there..i know its too heartbreaking knowing your favorite band splitting..dont lose hope and show your power Cassies...SJ and ELF will support you!!!!fighting!!

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  128. Then, I wonder why SME has not applied for trademark again? Seeing as how TVXQ is now only Yunho and Changmin and they'd gladly give their consent, SME should've applied for trademark by now.

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  129. finally find this blog. thanks for your post, its brighten my confusion about the lawsuit.

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  130. I'm very thankful for your blog
    I feel proud for supporting and following TVXQ without even knowing the truth coz I like their music more.
    I feel that JYJ should stop mentioning themselves as TVXQ too coz it can be confusing and they should stand by their words that they want out and are JYJ now. Honestly the way they keep on being inconsistent by their words were a turn-off.
    I prefer TVXQ professionalism of less words and more action stance.

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