Pre-action Discovery Against A Network Service Provider And Unmasking The John Does Of Alleged Online Copyright Infringements In Singapore: Odex Pte Ltd V Pacific Internet Ltd

摘要

In Singapore, the Odex-PacNet dispute has brought into focus, more sharply than ever before, the clash in the virtual world between copyright owners endeavouring to protect and enforce their private property rights and copyright users seeking to preserve their right of privacy and freedom of information. At the centre of this tussle is the NSP, a network intermediary, standing at a crossroad unsure of the right way forward. Two options are available to the NSP: (a) accede to the request from the copyright owner to disclose, maintain the position that it is a mere intermediary and allow the subscribers to fend for themselves; or (b) challenge the legality of the copyright owner's request for disclosure and abide by the contractual and statutory obligations of confidence owed to its subscribers.