Archive for November 2, 2009

UPDATE! [091103]: JaeChunSu said they never did an interview for Sportseoul. So this one did not directly come from them. It came from one of their “acquaintance” and so this is not reliable.

This is a short JaeChunSu’s short response to SM’s statements a while ago:

jaechunsustatement

[Credit: as tagged]

OMG, because of SM’s ridiculous involvement of CreBeau on this whole issue, JaeJoong, Yoochun and Junsu were forced to pull out their investments from it. Seriously, that’s cruel because it shouldn’t have been that way. All of the three members’ hard work on their CreBeau stores was gone to waste. But at least JaeJoong, Yoochun and Junsu were SMART and CONSIDERATE unlike SM. They decided to pull out their investments on CreBeau so that it won’t be dragged by SM on the issue anymore.

The three members said that there is nothing more important than keeping DBSK going. That really touched my heart and made me cry. Today was really a frustrating day for me, thanks to SM’s BS statements but that simple statement by JaeChunSu is all I need to ease all my worries and frustrations. Out of all the things that came out today, the only thing I believe is this sentence by JaeChunSu because this is the only thing that came out today that I know is 100% true. I have no doubts about it.

It was also so thoughtful of them to worry about us, their fans, when they should worry more about themselves. We’re still the first people that crossed their minds in this kind of situation and I’m truly grateful for their concern. But they shouldn’t worry too much about us because we are smart fans. We won’t easily be blinded by SM’s statements no matter how many conferences they hold. The only words that we will believe in are the words that come out straight from the five members’ mouths.

We have come this far. Now is not the time to falter. I have decided to do what I have been doing since the start and that is to ALWAYS KEEP THE FAITH!

Yes, why the need for two press conferences, huh SM? Took you a lot of time to cook up some stories again?

smtwostatements

[Credit: as tagged]

So, SM is actually really giving JaeChunSu a deadline, eh? I don’t know what JaeChunSu’s decision will be but I hope they won’t let themselves fall into the trap of SM. Yes, we would love to see another Korean comeback but if this is only SM’s way to pressure the three members to stop the case, then I’d rather not see a Korean comeback soon. The 5th album will come. There’s a lot of time for it. But for this case, it’s now or never for JaeChunSu. I hope they make the right decision on this one and I also hope that Yunho and Changmin could understand the position their three brothers are in. Like what I have said, they’ve come this far and this is not the time to back down anymore. There’s no other way but to continue this and resolve this through the final decision of the Courts. I’ll definitely be on constant look-out in the coming days and see where all of this is heading to.

Another press release by SM I got from Allkpop. Aren’t they tired of this? One statement from JaeChunSu’s side, they retaliate with A BUNCH of statements. Really, how fair is that?

CEO of SME calls the legal actions a “fraud”

The entertainment company held a press conference today and told their side of the story regarding their legal dispute with three members of TVXQ/DBSK. In addition to a statement by Yunho and Changmin, the two members who did not take legal actions against SME, and statements by their fathers, SME’s own representatives spoke up as well; Mr. Kim Young Min, the CEO of the company, stated the following.

Back when we first advanced to Japanese market with S.E.S., major entertainment companies in Japan normally asked for contracts in length from 5 to 7 years. As long as the entertainer stayed with the company for the stated amount of time, the company would not cease investment into the entertainer. When we first planned for BoA to work in Japan, we set the length of the contract at 10 years to allow for long-term investment and a partnership with a major Japanese entertainment company. This resulted in SME working with AVEX, the largest entertainment company in Japan. BoA’s great success in Japan was a product of such planning.

When we first planned for DBSK, we wanted to make them the number one artist in Asia. Five members and their parents shared such vision and agreed to add 3 years to initial 10 year contract. The members and their parents agreed to the contract because they found the vision as the number one artist in Asia, constant support from SM, plans to go abroad and continuous investment into the group very appealing. Everyone thoroughly reviewed the contract and agreed to all clauses. To keep the promise of advancement into Japan, SME invested over $4 mil into DBSK despite poor financial condition that the company was in. After 5 years in Japan, we can finally say that we are successful. It is unfair to focus merely on the number 13 without any background knowledge of how the contract was made and the goals and visions shared between SME and DBSK.

On January 6th of 2009, the three members told SM that they were going to China for a vacation; but in fact, they attended a meeting with the beauty product company’s Chinese subsidiary to talk about investment into the company. We only realized of the deal after photos of them promoting the company surfaced online. We then learned that the three members are board members of the Chinese subsidiary and that they even carry business cards of the company with their name and position engraved.

The three members demanded increase in their share in profit and we accepted their demands. In April, we had a dinner party after our concert in China. The three members told members of other groups about how much they trusted in SM. Shortly after in May, a Japanese fan asked AVEX’s customer service department regarding an event by the beauty product company which claimed that the winner would have dinner with DBSK. SME feared that losses resulting from matters related to the beauty product business would be impossible to recover from. We wanted to review the members’ contracts with the beauty product company to protect the members from potential dangers but they refused to share the contract with SME and did not take any actions to relieve SME from our concerns regarding their investment into that company. In June, a major beauty product company contacted us and said that they wanted to use DBSK in their commercials but the three members refused due to their own interest in beauty product business. Shortly after they took legal actions against SME.

The truth face of their action is a fraud. A fraud which fooled the entire nation with words such as “human rights” and “slavery”.

Regarding the recent court ruling; three members are now free to pursue personal projects, however all DBSK-related work must be done through SME. Yunho and Changmin intend to promote DBSK in Korea next spring, and we feel that it should be planned at least six months in advance. SME asks the three members to respond to this by November 12th.

Source: Newsen
Credit: Allkpop

I’m really speechless. SM must have spent the whole week planing all these things and composing all these statements. Seriously, they should become scriptwriters instead of a talent agency. I think they’re better of that way.

Now I just want to hear JaeChunSu’s side on all of this and Yunho and Changmin’s REAL and PERSONAL statements. That’s all I need to put my heart and mind at ease. No matter what their statements may be, whether the one I want to hear or the one I dread to hear, I’ll accept it as long as it comes directly from them and not through typewritten and signed statements.

My head is spinning from all the news that continues to come out today. This is just like the day when it was first reported that JaeJoong, Yoochun, and Junsu has filed a lawsuit against SM. I swear some more information and my head’s gonna explode from info overload!

SM is Sure of Overruling Court Decision on TVXQ

Talent powerhouse SM Entertainment has vowed to fight back and win against a court ruling last week which granted three members of boy band TVXQ partial victory in their request to nullify their exclusive contract with the agency.

In late July, TVXQ members Hero Jaejoong, Micky Yoochun and Xiah Junsu had applied for provisional disposition of their 13-year contract with SM to which a court ruled that the agency will not interfere in their individual activities.

“The recent decision has not taken the essential reasons and fundamental of the issue in to consideration,” SM started by saying in a press release on Monday. “We are sure that the court’s decision will change once we provide enough evidence which are looked into under the proper legal proceedings.”

SM also declared that they will ask the three for compensation amounting to over a total 2.5 million dollars for the losses and damage incurred upon the group and the agency with the ongoing legal action, should the court rule in favor of SM in its final verdict.

They went on to explain that the terms of the contracts had been adjusted every year in favor of the members and are now asking to be freed from them since they are starting to see success.

“This ruling will cause confusion in the entire entertainment industry and make it impossible to create a system where (agencies) will be able to upbring their stars with long-term prospects,” SM added.

The statement came just hours before a news conference set for later in the day where they plan to talk about their position in more detail.

TVXQ, who debuted in 2004 with album “Hug”, is one of Korea’s most successful K-pop groups. They are stars throughout Asia, reportedly having the largest fanbase in the world, and have enjoyed great success in the Japanese music industry in particular.

Source: asiae.co.kr
Shared by: junsulv@OneTVXQ

“We are sure that the court’s decision will change once we provide enough evidence which are looked into under the proper legal proceedings.” - Confident, much?

SM also declared that they will ask the three for compensation amounting to over a total 2.5 million dollars for the losses and damage incurred upon the group and the agency with the ongoing legal action, should the court rule in favor of SM in its final verdict“- I’m sorry to say this but SM, you won’t get your 2.5 million dollars anytime soon due to the following reasons: 1) JaeJoong, Yoochun and Junsu has no obligation of paying you anything because THEY DON’T OWE YOU EVEN A SINGLE CENT; 2) You should be the one PAYING THEM UP; and 3) You’re NOT GOING TO WIN this.

This only a part of the article from Allkpop:

Yunho and Changmin’s fathers express strong disapproval of other members

The fathers of Yunho and Changmin, the two TVXQ members who were not involved with the controversial lawsuit earlier this year, spoke up in support of their sons and SME while condemning other three members and their parents. They claim that the dispute has more to do with the trouble that has arisen from the beauty product business rather than mere contractual matters.

Mr. Chung, the father of Yunho, stated:
The two members who did not involve themselves in this legal dispute are the real victims here. They suffered from financial loss, psychological suffering and most importantly they lost their reputation. Who is to compensate them for their losses? I intend to ask the other three members this: Whatever the reason, why do you intend to cause such great controversy and drive DBSK, an international brand name, into a break-up? Do you care at all about the other two members and their suffering?

The beauty product business wasn’t something that was supervised by SME. On top of that, the beauty product company itself wasn’t very trustworthy. When it was started, I felt that DBSK’s reputation could potentially suffer from involvement with that company and advised my son of the issue. He shared my concerns as well, and that is why he did not involve himself in the business. SME later asked the three members to withdraw from the business but their parents resisted unreasonably. Mr. Shim (Changmin’s father) and I tried to convince them as well but they simply refused to change their minds. I later learned that the three members took up legal actions against SME without consulting me nor Mr. Shim. DBSK is not owned by those three members only. They ignored not only the controversy that would rise but also the rights of other two members.

Mr. Shim, father of Changmin, stated:
Simply put, the other three members took legal actions against SM because of the beauty product business matter and other reasons which involve their financial gains. What they claim as their reasons, reasons such as unfair contract and unclear profit division are merely excuses to hide the true reason behind their actions. After the three members started the beauty product business, one of the parents called me and told me shenanigans like “This business can be worth millions or even billions in the future. When we tell the media that DBSK has started a business, share price of our company will hit the roof – we will tell you in advance so you can profit from the information.”

Three members claim that the contract is unfair and calculations are unclear, but my son and I have read over the contract with SM clearly and agreed to all clauses, from the very first contract through all five revisions that have been made. For every income my son has received I reviewed all of the the numbers. I feel sorry for the three members and their parents as they must know of the truth but they continue to make false claims.”

Source: Newsen
Credit: Allkpop

Again, just like Changmin and Yunho’s supposed statement, I don’t know if this really came from their fathers or if it is another dirty trick by SM to make things more complicated. Regardless of who really said these words, I would just like to make a comment on parts of the statements in defense of JaeJoong, Yoochun, and Junsu because I think the statements against them have gone too far.

1) “The two members who did not involve themselves in this legal dispute are the real victims here. They suffered from financial loss, psychological suffering and most importantly they lost their reputation. Who is to compensate them for their losses?”

- ALL FIVE OF THEM ARE VICTIMS HERE, not only Yunho and Changmin. ALL OF THEM have lost something and suffered a lot because of this lawsuit. It’s improper to say that only Yunho and Changmin were affected by this as if they really lost their careers because of this lawsuit. If there is one of them who suffered the most damage here, it should have been Junsu because he was left with NO PROJECTS at all while the other four members were busy with their dramas and single promotions. And compensation for losses? Money issues again? Sounds like something SM will say.

2) “I intend to ask the other three members this: Whatever the reason, why do you intend to cause such great controversy and drive DBSK, an international brand name, into a break-up? Do you care at all about the other two members and their suffering?”

-  First and foremost, JaeJoong, Yoochun and Junsu never intended for the group to break up and to cause such controversy. All they did was to fight for a proper treatment from SM. Is that even wrong? I don’t think so. Also, why question them if they care about the other members and their suffering? Of course they do! But the problem is Yunho and Changmin are not the only ones suffering. JaeJoong, Yoochun and Junsu filed a case against SM because THEY ARE SUFFERING from the contract. Why must the three members always neglect their health and condition for the sake of other people? If they end up dead because of too much tiredness from all the things SM asks them to do,  can all those people who keep on condemning them for what they did bring back their lives? The answer is NO.

Like I have said, this whole ordeal has not only affected the two members but ALL FIVE OF THEM. Why must Yunho’s dad (or whoever wrote this) single out Yunho and Changmin and speak like those two are the only ones who suffered from this?

3) “On top of that, the beauty product company itself wasn’t very trustworthy.”

- Is there proof that CreBeau isn’t trusthworthy? Bring in some papers as proof that it is illegal and then we can talk about this.

4) “DBSK is not owned by those three members only. They ignored not only the controversy that would rise but also the rights of other two members.”

- Yes, DBSK is not owned by JaeJoong, Yoochun and Junsu but it is not owned by Yunho and Changmin either. NO ONE OWNS DBSK. They are five individuals who have their own minds and can freely decide what they want to do. JaeJoong, Yoochun and Junsu have decided to fight for their rights but not once did they ignore the rights of the other two members. If it is true that they have ignored the rights of the two members, they wouldn’t have discussed it with Yunho and Changmin first before filing the lawsuit. If the three members have ignored Yunho and Changmin’s rights, they wouldn’t have asked them to join the lawsuit so that the two of them could have the same freedom that they got. Now tell me, did JaeJoong, Yoochun and Junsu ignore Yunho and Changmin’s rights like what Mr. Jung said?

5) “What they claim as their reasons, reasons such as unfair contract and unclear profit division are merely excuses to hide the true reason behind their actions.”

- Whether the issues they raised regarding their contracts are excuses or not, the fact of the matter is that the contract itself is UNFAIR and INHUMANE and they have all the right to demand for it to be canceled.

6) “Three members claim that the contract is unfair and calculations are unclear, but my son and I have read over the contract with SM clearly and agreed to all clauses, from the very first contract through all five revisions that have been made. For every income my son has received I reviewed all of the the numbers.”

- If Mr. Shim (or whoever wrote this) is happy and contented with the SLAVE contract of his son, then so be it. It doesn’t necessarily mean that JaeJoong, Yoochun, and Junsu along with their parents should also accept and be satisfied with their contracts. IF this statement really came from Changmin’s dad, I pity Changmin very much because his dad doesn’t seem to care if his son is treated as a slave as long as the money they get satisfies him.

7) “I feel sorry for the three members and their parents as they must know of the truth but they continue to make false claims.”

- I’m more sorry for Yunho and Changmin and their parents (if the statements that were released really came from them) because they are blinded by whatever SM has to offer. They locked themselves to a hell hole that is SM (probably) for the rest of their careers and if one day they finally realize how bad SM is, it might be too late. At least JaeJoong, Yoochun and Junsu are somehow free now. They have a better life and working condition ahead of them.

Again, my responses are addressed to whoever wrote the statements above. It’s not necessarily addressed to Yunho and Changmin’s dads since we’re still not sure if they really said these or if it’s another ploy by SM. I just really felt the need to defend JaeJoong, Yoochun, and Junsu right now because SM has been throwing so many “stones” towards them in just a matter of hours.

BUT that is according to the SM representatives who held the press conference a while ago.

Changmin and Yunho support SM Entertainment!

Yunho and Changmin of DBSK/TVXQ have stated that they are on SM Entertainment’s side on the legal dispute between the company and other three members. They said that they trust SME and will be with them in the future. The two also gave a deadline to other members, saying that DBSK will come back to promote in Korea next spring, so the other three members must make a decision before the 12th of this month.

The two members’ thoughts were delivered through a document compiled by Yunho and Changmin themselves, which stated:

We five members of DBSK signed the same contract with the same clauses and for the past five years, and have worked together under same conditions with utmost trust in the company, each other and our dreams. We intend to share our dream and future with the company and keep the promises we made in the contract. DBSK was made by SM and we intend to work as DBSK with SM.

No other company can create DBSK, as only SM can provide the best production and management team available. The three members must know better than anyone else that SM is the one who knows DBSK the best and made DBSK the best. We intend to keep trust and promise and thus intend on staying with SME. DBSK’s grand future will be with SME. We believe that our Korean promotion, planned for next spring, should be prepared at least six months in advance before our future as one DBSK becomes unclear. If the other three members truly want to stay as one DBSK, they must make a decision before it is too late.

They also commented on the beauty product controversy which sparked this legal dispute:

The beauty product business changed everything. We are not familiar with the matters but we believe that a legitimate company that seeks to do business with DBSK must consult with SME first. It is common sense. We did not get involved as getting involved with a company that sought to do business without SME would have meant that trouble was ahead.

We did not want the reputation and pride of DBSK, earned by our hard work, to get ruined by a beauty product company that did not work in a legally respectable manner. We are not aware of the contract between that company and the three members, nor do we know what those members were told or how much they have earned through their deal. What we do know is that the fact that DBSK, forged together for 5 years by all of our dreams, has fallen into its current state because of an unethical company that is simply unacceptable.

With DBSK crumbling away like this, the current situation is unbelievable. It is sad to see that this was all caused by some beauty product company, and we hope that the three members would come back to the days when we were all working hard for our dreams.

hominstatement
Credit: Newsen (source) +  Allkpop

I don’t know if I’ll believe this or not. Changmin and Yunho might have signed the paper but that doesn’t fully convince me that this statement is really coming from them. After all, they weren’t in the press conference and only the SM representatives were there. Add to that, knowing the personality of the two, I could not believe that they would write such a statement. It MAY BE possible that they wish to stay with SM but I believe they wouldn’t release such a harsh statement like this. I’m not in denial or anything but I don’t wish to BELIEVE or SAY THAT THIS IS FALSE for now. Unless Changmin and Yunho holds a press conference by themselves say everything PERSONALLY, I won’t believe any article or press release by SM.

IF one day Changmin and Yunho will really give a statement that they would want stay with SM, it would surely hurt a lot of fans hearts and crush our hopes of DBSK performing together again anytime soon, but I will respect their decision. I know that the two of them are old enough to know what is good for them and what is not. But I just hope JaeJoong, Yoochun, and Junsu will stand their ground on this issue and not let all of their hard work on this case go to waste. Yes, for once I’m hoping for the three of them to be selfish and just do what will be good for them. It may have a big impact on DBSK’s future but I’d rather see them happy and in good condition than to see them please us by performing together even if they are not happy in doing it.

But of course, that is IF Changmin and Yunho really wants to stay with SM. Nothing is sure till now. Like what I have said, I will only believe if Changmin and Yunho themselves say it personally.

This is the full song from Cassiopeia’s first single album entitled Love Melody – Letters from Cassiopeia. Listen to the song and feel the lyrics. It really is a nice song and represents the feelings of all DBSK fans.

[Credit: vickysuu]