Oricon Sues Interviewee

[Captain Japan]

Libel suit attacks free speech: defendant
Japan Times

A freelance journalist who is being sued for defamation by the publisher of the top popular-music chart said Wednesday the legal action is an attack on freedom of speech that has been ignored by the domestic press.

Late last year, Oricon Inc. sued Hiro Ugaya for 50 million yen in damages and demanded an apology for telling business and culture magazine Cyzo that Oricon had padded the sales numbers for some artists, used questionable methodology to compile its music hits chart and favored artists from the powerful Johnny's & Associates talent agency.

Oricon has denied the allegations.

The lawsuit has drawn attention on Internet bulletin boards in part because Ugaya, who has also criticized Oricon in his own writing, was only quoted in the April 2006 Cyzo article and was not the author....more...

[amdg]

Marxy did a good piece on this litigation a few weeks ago. The theory seems to be that, given the lack of merit of the lawsuit, its real purpose can only be to financially ruin the defendant (through the high costs of mounting a defence). Japan needs to adopt some measures to prevent these kinds of frivilous lawsuits, or at least to compensate sucessful defendants for their costs.

[Captain Japan]

Marxy did a good piece on this litigation a few weeks ago. The theory seems to be that, given the lack of merit of the lawsuit, its real purpose can only be to financially ruin the defendant (through the high costs of mounting a defence). Japan needs to adopt some measures to prevent these kinds of frivilous lawsuits, or at least to compensate sucessful defendants for their costs.

Yeah I should have included that in the original post. Here you go.

[Greji]

The theory seems to be that, given the lack of merit of the lawsuit, its real purpose can only be to financially ruin the defendant (through the high costs of mounting a defence). Japan needs to adopt some measures to prevent these kinds of frivilous lawsuits, or at least to compensate sucessful defendants for their costs.

Lack of merit is hard to say here without being exposed to the evidence of the case. The author has seriously defamed a major company, if what he alledges is not true. The merits of the case are thus that. The defendant is being called to show his evidence in making these charges.

A lawsuit can also be frivious to the complainant/respondent/defendent equally as well. Who's to say with just what's written there to peruse, that Ugaya doesn't have a bone to pick with the company and is just trying to getting even in print. It wouldn't be the first time that has happened.

The company is saying they would be satisified if he retracts, which sounds somewhat sincere on their part. Ugaya obviously can't or won't do any retraction, that is not if he wants to retain any credibility as a writer.

It's easy to say "Let's cheer for the little guy", but we could be aiding and abbeting the defamation. It's just to early to tell.

[emperor]

The accusation dosent seem so far fetched; I'd say most record companies do this to varying degrees.

A few years ago I was dropping in to say hi to a friend working in a music retailer (Virgin Megastore) and during our chat over the counter next to the till, a guy in a suit came over with a stack of about 50 CD singles from the same unestablished artist. My friend said it wasn't the first time he'd been in to buy such copious amounts of the same song.

[amdg]

[Greji]

Also, I love cheering for the little guy.

That usual is the best way to go! However, in Japan you can normally count on the little guy loosing, so at least you get some satisfaction out of knowing that you can predict that they are going to stuff him into the meat grinder and make mince patties out of him when the whole case is over!

[amdg]

[Mulboyne]