Thursday, November 29, 2012

JYJ, SM Entertainment settle to end 3-year legal dispute

By JONATHAN HICAP, Manila Bulletin
MANILA, Philippines - After three long years, the legal battle between members of boy band JYJ and agency SM Entertainment (SME) came to an end with the two parties forging a settlement through arbitration.

The two sides agreed to drop the lawsuits they filed against each other, starting from the contract nullification case that JYJ filed against their agency on July 31, 2009.
Jaejoong, Yoochun and Junsu, who were then members of SME's boy band TVXQ, filed the case to void their 13-year exclusive contracts with the agency, stating that its provisions were disadvantageous and could be likened to a "slave contract."
In October 2009, a Korean court issued an injunction against SME and allowed the three to continue their activities without the interference from their agency.
However, Korean entertainment associations and Korean TV stations sided with SME and banned JYJ from appearing on TV music and entertainment shows.
During the course of the trial, SME requested the court for arbitration.
Under the mutual agreement, JYJ and SME agreed that their contracts ended as of July 31, 2009 and that they would not meddle with each other's activities.
Bulletin Entertainment got the reactions of fans to the JYJ-SME mutual settlement agreement.
JYJ EU fans say, "The feeling right now is mixed. Knowing that JYJ are officially free is awesome and makes us greatly happy. They didn't fight in vain. However, what will the reality be? We hope that the settlement will be reflected in JYJ's activities, and that they will be free to conduct activities in Korea. We are waiting to see if this will be the case. Until then, we are delighted that, with Junsu's upcoming concert in Germany, we will be able to somehow celebrate this news in the best possible way."
Tintin from the Philippines said, "Well, I am thankful that the lawsuit is finally done! (or is it?)This means more freedom for JYJ. Hope they guest on TV shows now and be included on music charts and others. I hope SM won't really block them anymore. I guess some fans won't be satisfied with the announcement until they really see JYJ on TV programs. And sana promoters/organizers here will be interested to bring JYJ in the Philippines. There are some (promoters/organizers) na medyo nagwo-worry dahil sa influence ng SM eh."
She added, "The JYJ-only fans are rejoicing but some are still skeptical. Some 'HoMin' fans are congratulating JYJ while some are still trolling like demanding SM/AVEX/some website to finally delete JYJ's name on the TVXQ profile page (because 5 pa din sila on some pages). Yung OT5s naman nalulungkot, hahaha, end na daw ng lahat. Ang masasabi ko lang bilang isang 'Allfan' (this is different from OT5s who only support DB5K and not JYJ and the current TVXQ while an ALLFAN supports all 5 people whether solo, duo, trio, quarter or quintet, or as JYJ and/or TVXQ) ay hindi ito ang pagtatapos ng 'connection' ng 5 taong ito but ito ay isang bagong simula for all of them. They can all finally move on. I hope the other fans can move on as well and just focus on their biases."
Filipino fan Joanne Bianca Sta. Ana said she's glad the battle is over.
"The first word that comes to mind is FINALLY. After three long frustrating years of waiting, JYJ's battle is finally over. Even if both sides have settled on an agreement, what's important is that Jaejoong, Yoochun and Junsu can now start over --- meaning, TV networks cannot ban them now with the excuse of them being in the midst of a lawsuit, their activities won't be hindered, they won't be insulted or taken advantage of. Now that the lawsuit is over, JYJ can have a CHANCE to participate in music shows, variety shows and year-end program --- a right that was taken away from them because of the lawsuit.  I'm really glad for JYJ and wish them all the best. As a Cassie, this doesn't change anything, even if this result is bittersweet because Jaejoong, Yunho, Yoochun, Junsu and Changmin still won't be together as 5. The important thing is they are happy and they can continue doing what they love. I will continue to support all five of them no matter what. To me, Jaejoong, Yoochun, Junsu, Yunho and Changmin will always be TVXQ."
Georgette Battad from the Philippines said, "In the long years of waiting, finally the SME and JYJ lawsuit comes to an end. As a Cassiopeia, if that's what JYJ want, they deserve to be free. If Junsu, Jaejoong and Micky like to be in a group, they should be only in a group. Though it hurts that we continue to have faith in forming DB5K again, it's enough seeing JYJ on their own."
"I was a fan of Jaejoong, Yoochun and Junsu even before the lawsuit. It came as a shock when we read the news about the lawsuit as well as a huge disappointment when we realize about the conditions they worked for years. To say we were outraged is an understatement.  Now after more than three years of witnessing JYJ struggle and Korean laws failing to protect the weak in this situation the final verdict comes as bittersweet. We are definitely happy that the battle is over, but there is no sense of justice. With many details still to be disclosed it seems like in the end no justice was provided," said Diana Roa.
Fan club JYJ Philippines said, "JYJ and their fans have long been waiting for the outcome of the result. After all these years, we never lost hope that justice will be served to JYJ and they'll be finally free from the grasp of SME and the other Korean broadcasting companies. However, I'll only believe that JYJ is FINALLY free if they'll be able to perform on music shows and not get their appearances cancelled anymore."
"I am relieved that after three years of waiting, JYJ is finally free from the lawsuit.  I hope that broadcast companies will honor the court and give chance for JYJ to appear in music shows or even attend this year's music events.  As a fan of TVXQ when they were still five, it saddens me that they won't be together anymore but I am hoping that they will have collaborations in the future.  That is what I am waiting for," said Hannah from the Philippines.
"I don’t know why some are sad about the issue. Me, my initial reaction is HAPPINESS!! After more than 3 years, finally, they are already “free” to promote on television programs! I’m thinking that some are sad because JYJ is 'no longer, officially' part of TVXQ! (especially the YJ shippers, as what I have read in some reactions on Twitter, several minutes after the news came out) but for me, THE 5 OF THEM WILL ALWAYS BE TVXQ! Nothing will change.  As a fan of them ever since their debut in 2003, nothing has and will ever change. Together or separately, I will always be supporting the 5 of them. ALWAYS KEEP THE FAITH! JunSu, YooChun, JaeJoong, ChangMin, YunHo, the 5 of you will always be OUR TVXQ!" said Melody Joy Mata.
Link to my original article on Manila Bulletin online: http://www.mb.com.ph/articles/383591/jyj-sm-entertainment-settle-end-3year-legal-dispute
Email me at sangchusan(at)gmail.com

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