Some follow ups for the main lawsuit between JYJ and SM Entertainment
Just wanted to follow up and clarify some updates of the main lawsuits between Jaejoong/Yuchun/Junsu and SM Entertainment.
*Before you read, the basic information about the current cases will be helpful for you to understand.
There are 2 main lawsuit cases being processed in the court.
(1) The lawsuit to verify ‘invalidity’ of the exclusive contract (= Case No.1)
: This is the one that the three members filed against SM Entertainment in order to terminate the unfair contract and claim for damages.
The members’ lawyers expected that this main case would take a long time, so they filed ‘injunction to terminate the validity of the exclusive contract’ in 2009 in order to ensure the members’ free activities.
As you all know, the court decided in the members’ favour and ordered that 1) the validity of the exclusive contract between JYJ and SME would be temporarily terminated until the main lawsuit is concluded, 2) the three members are free to have entertainment activities, 3) SME cannot make any contracts related to entertainment activities on behalf of the three members without their consents and 4) SME cannot interfere any kinds of entertainment activities of the members during the lawsuit process.
- SME filed an objection against this orders, but it was rejected by the court.
- SME also filed another injunction to terminate the exclusive contract between JYJ and C-JeS Entertainment, but it was also rejected by the court as the court acknowledged that JYJ only made a contract to handle management business as an agency and never made ‘exclusive’ contract with C-JeS.
- The court also made ‘indirect order’ that SME cannot interfere JYJ’s activities, and would be pay 20,000,000 KRW as penalty when every time such behaviour is found.
(Well clearly SME does not seem to care this order, but also this is the reason that it never has blood on its direct hands. They do all kinds of dirty things unofficially, through other organisation such as KFPCAI.)
Anyway, the detailed injunctions and other orders were all decided in favour of JYJ and now the main lawsuit (case No. 1) is under process at the Seoul Central District Court as a civil case.
(2) The lawsuit to verify ‘validity’ of the exclusive contract (=Case No. 2)
This is the one that SME filed against the three members as counter-suit in order to claim that its exclusive contract has no problems and the members should pay damages to SME.
As the both cases have almost same documents, witnesses and other details, the court decided to handle the 2 cases at the same time.
As you all know, SME has tried almost every possible thing to postpone the final conclusion of the cases as it is highly expected to lose the cases.
And on May 15th 2012, the case No.2 (SME’s counter-suit)’s hearing finally came to a conclusion and now only Case No. 1 (the one JYJ filed against SME) is remaining in the court.
[Note: The other details are not known because only basic information such as the dates is open public.]
To finalise current situation,
- SME’s counter-suit and claim for damage against JYJ is now concluded.
- JYJ’s lawsuit to terminate the exclusive contract and claim for damage against SM is remaining.
: If the exclusive contract had been ‘valid’ as SM insisted, JYJ’s claim would not have been remained.
Based on the fact that now there are only the three members’ lawsuit and claim for damage against SME, which could not have been remained if the contract had been valid, it seems very likely that the contract would be terminated and now there will be only the arguments between them ‘how much SME would have to pay JYJ as damages’.
Unfortunately Korean law takes Dreiinstanzen system**, it seems also likely that SME would appeal against the final ruling so that it can delay this as long as possible.
Anyway the end of this long-lasting legal process is really coming and some rumors seem to be spread again by some people, so I just wanted to clarify some facts before they go too far.
Next hearing will be in June.
**Dreiinstanzen system: The legal system that people can have a trial 3 times per a case.
(EX: First trial at District court -> Second trail at Appeal court -> Final trial at the Supreme Court)
+++
The decision of Lawsuit to verify Invalidity of the exclusive contract will be given on July 19
Probably almost everyone knows about this already, but just wanted to summarise for your understanding.
As I tweeted yesterday, the lawsuit to verify invalidity of the exclusive contract (between SME and Jaejoong, Yuchun and Junsu)’s last hearing was finished on June 19,
The following schedules from the website of the supreme court show that the all hearings of the lawsuit were finally concluded, and Seoul Central District Court is going to give its decision on July 19
I personally visited the court to see yesterday’s hearing, but it was not open public so could not entre.
(only limited staff and lawyers could attend)
So if you see any stories about the details of the hearing, IT’S A LIE Because no one could entre the court except both parties who directly involved in the case.
Anyway, Finally, At Last, the 3-year lawsuit is really about to be finished.
Have you known that SME is also really famous for losing all of their lawsuits so far in Korea?
Just like other cases and given the circumstances and other decisions by the court so far, it is expected to be another lost case.
But – This is a 1st trail at district court.
Korean law takes Dreiinstanzen system**, it is highly expected that SME would appeal against the final ruling just like they did for the lawsuits with other artists. Don’t forget that they are only interested in ‘how long it can be delayed’, not in the results of the losing game.
Well it is really clear that they’ve forgotten something never changes – Nothing lasts forever.
**Dreiinstanzen system: The legal system that people can have a trial 3 times per a case.
(EX: First trial at District court -> Second trail at Appeal court -> Final trial at the Supreme Court)
Posting Credit : http://dedicatee.wordpress.com
**If you want move the post, you must give the credit and use the full contents.
Partial quotes or editing the contents are not allowed. **
Wow, this really helped me a lot, I was kind of confused with all of this, thank you so much for explaining so detailed ^^
JYJ FIGHTING!
I will wait for the day justice is served!
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@shadow
i’m waiting with you too friend
justice and freedom for JYJ!
Me 3 !!!
@shadow
@JYJ1214
@murasaki
I’m waiting with you. I really thought we’d hear a verdict yesterday, but I guess it’s going to be one more month. Then we’ll see if anything changes in terms of the “justification” the TV stations have used for barring JYJ from appearing. Of course SM will appeal, just like they always do but will that once again be enough to allow the TV stations to continue the ban? I guess we’ll see.
I’m hoping the tide of public opinion will turn at this first verdict.
June 20 to July 19, 2012 is the longest month in JYJ’s fandom
all I can say is “GOD BLESS Jaejoong, Yoochun and Junsu ” …
@kris
but this is a result good or bad for jyj?
@THE-PRINCESS-OF-KKTAK
I think it’s good for JYJ that they are given a fixed date by the court, July 19, 2012, on when the final decision will be announced,
and it’s just a month away. Let’s hope and pray that the final verdict will be on JYJ’s side.
@kris
Yes…lets pray together that everything will end this coming July …FREEDOM and JUSTICE for JYJ
@mamajyj @kris
krissy and mama, im joining you in prayers
yes, Freedom and Justice for JYJ!
Reblogged this on My Blog and commented:
I will wait for the day justice is served!
JYJ fighting!!!!
the lawyers of JYJ fighting!!!!!
Thanks you for keeping me up to date
Yes! JYJ FIGHTING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!11
Gosh! Another two months? Oh wait, it’s only one more month, July 19th. It’s feels like 20years away… *signs*
Good luck JYJ!
Evil never prevails………. YAY FOR JYJ!
@Silvia
yes, Good will always win, no matter how long the waiting is
Justice for JYJ!
finally its coming to an end
thank you so much for the explanation
i really hope for the best for JYJ
Thank You JYJ3 Team! It seemed like no info was forthcoming. So, even if the results of the judgment on the 19th is in JYJs favor, SME still has two more times to drag this out!?! The boys could be married with children by that time
I’m exaggerating but I will never, ever stop supporting and standing by JYJ, FIGHTING!!!
@Barbara D. Bolton
Im sure there is grace in waiting
Good will win
JYJ will win!
But I wonder how long they can drag out 2nd & 3rd lawsuits. All the evidence has already been gathered, so unless they come up with something new. >_>
Wish good result for JYJ… *pray*
Thank you, admin. I am expecting a long fight ahead still, but no matter how long SM continue trying to delay the inevitable, justice will prevail. I shall stand by JYJ !! JYJ, keep fighting!!
thanks admin
sigh.. this is what make me worry, that i know SME could appeal 2x more, and that if just for the verdict in the 1st we have waitid almost 3 years, i afraid it would really last until the boys joined the army, just like many were worried too. and yes, i also believe that after all the evidences, added with all proven misconduct SME have done, i would be really shock if JYJ lost the case.
but i also understand that the verdict indeed could change the ent world forever. many were worried n wondering why court took too long to decide (even until the judge changed, the verdict never out). yes, ofc, it was because SME keep asking the court to be delayed coz they still need to ‘gather materials for evidences’ (as in the accounting report n the copy of the contract that were asked by the judge. btw, have they finally submitted those to the court?). i mean Ivy have won the case to terminated her contratc against STOM E&F just about a year after she filed the lawsuit. Hangeng also won the lawsuit for terminated his contract (his contract fully terminated, not ‘temporarily’ terminated like JYJ). singer Younha’s verdict (for her won against Lion Media) even took less than a year. but in JYJ case, the court seems very careful n slow with the verdict (to keep granted SME’s plead to postponed the verdict for such absurd reasons?). yes, i’ve heard that like it or not, the verdict indeed will change ent world rules (eventho JYJ did make change since new law forbidden any ent company to have contract more than 7 years) . if JYJ won, ent companies seem worried that their artist will follow JYJ footprints. this is also why i am so worried that the court wont judge fairly, esp this case have new judge.
but, i want to believe in justice. court have granted JYJ’s won twice before. and both Ivy and Younha (who have case similar like JYJ) both have won their cases. so i hope JYJ will win too (*prays hard*). i know this wont changed anything, since even until 2 verdicts, SME still able to interfere with JYJ freedom. no guarantee they will stop even until the verdict. esp since they can (and most likely) appeal to the higher court. but i wanna see what reasons those stupid cowardices people, like KBS, will use to denied JYJ’s rights after JYJ won the verdict.
this time being, please, lets stop the fanwar, lets focus our energy to support JYJ. i cant think how worried they must be, if myself is THIS worried. JYJ FIGHTING!!!
to my dear sis….i am gonna pray together with you, even thought i also felt worried like u but i am sure God always stand with us and the boys, if those people still tried to fight and those stupid cowardices people denied our boys existence later then we also gonna fight and i believe that there are must be another place that more brighter and more valuable for our boys.
amen for that =)
@one_nee @miaw
Let’s trust on the truth
That good will always win
No matter how long the waiting
Let’s pray that the people in court, the judges will be enlightened in their decision
Justice and freedom for JYJ!
@jyj1214
*Nod Nod
Thanks ADM.
Dear Admins,
Thank-you for all your good works
30 days will soon come…There will be a party time for JYJ, JYJ3 and JYJ fans around the world ^^ =^_^= !!!
JYJ FIGHTING! JYJ2 FIGHTING! Republic of JYJ FIGHTING!
Hope the court chucks out any appeal attempts after July 19!
JYJ3 darn it!!!! LOL! [8 points to me in Typos R Us!]
Only a true member of Typos ‘R US can be this excitable! It’s that touch typing, will get you into trouble ALL the time!
I’m not afraid of the appeal process. It’s an exercise in futility. I’m willing to bet it doesn’t take nearly as long as a first round case. Even if those cronies continue to use the appeal process as a shield, think of the PR nightmare. If SME has a long history of losing, which by the way, I find immensely hilarious, what makes these cronies think they will win the appeals? For those who have been vocal supporters of JYJ in the media and culture, this would become a field day. The longer they try and drag this process out, the more embarrassing it becomes.
I still feel the only way it can proceed is it has to have merit. I can’t imagine their system is so flawed that just because you want to file, doesn’t mean you can advance. I’m going to see if I can find out more about their appeal process.
Hell, even the dimwatt birther queen Orly Taitz gets shot down by the SCOTUS on a regular basis. By her own conservative element too, which speaks volumes about the validity of her filings. Our system allows certain procedures to go directly up the ladder, but if it doesn’t have any standing, no one pays it any mind.
sm will must pay the damnages to jyj or jyj will pay the damnages to sm?
SM would pay to JYJ.
Thank you for the updates.
in your face delusional OT5 .. some my ot5 friends said ,, Omg ,, i hope after 19 july they will back as 5 .. WTH
Sorry hun, you can’t cure stupid
i’m sorry … i’ll try to be wiser ,, thanks … but ,, okayy .. nevermind
HAHAHAH you’re funny!
Really though, your OT5 friends really must not understand about the contract situation of the other two that would make up the five. Regardless of JYJ’s contract status, those two are most definitely under contract to a company that wants to absolutely dismantle and destroy JYJ. The last thing they would allow is for those two to do even temporary gigs with JYJ. That would go against every single thing that SM has been working so hard and so long to accomplish. Not that I think they (SM) have a chance in hell of actually reaching their goal, but that’s never stopped them before. And they are the ultimate stupid in this department!
hahhaaa .. they refuse to know ,, and they still tweet about that ,, really annoys me .. i’m sure that in their deepest heart they know the lawsuit is ..
Lol yeah well, like I said, you can’t cure stupid (or delusional, cannot-face-reality people). I have a couple friends of that ilk as well. We just quietly agree to not talk about it, cause we’ll never ever in a million years see eye to eye on that topic. We just stick to talking about JYJ. If they want to talk about other groups with their other friends, no skin off my nose, as long as they don’t try it with me LOLOL!
@Jyj HidupGw @springbok7 Well, there is a type of Delusional Disorder (I read up in the wiki since those OT5 will also called us “Delusional” too) which is called “Delusional Of Reference.” It fit perfectly on the perceptions of OT5.
And also being “Logic”, does not exist in their dictionary.
5 is alright with me JYJ + Yoohwan + Juno
kris … A++++++ … hahhaaa .. Yoohwan can sing and dance too right??
Yes, I saw a clip from his drama, he has a better voice than those other idols out there, and when Juno tweet about watching Jae’s Dr.Jin, I was thinking what if Juno will debut in SK under Cjes, so they can have a Cjes_town World tour hahaha, they can have a collaboration, with that I’ll be an OT5 !
OMG kris .. i have the same imagination .. since Juno really close with Junsu (of course they are TWIN hahhaa )and even helps Junsu in Tarantallegra and JYJ in Mission ,, i think is not impossible .. i ever heard Yoohwan voice but not yet see his dance hehheee ..
Krissy I love this! – “5 is alright with me JYJ + Yoohwan + Juno” – that makes “JYJYJ”
Let’s keep praying hard for their freedom and victory!
i’ll wait … JYJYJ
kris..i love your idea very much!!! haha..hope it will come true..^___^
@kris
i have another candidate in mind aside from Junho for the meantime. JiHyo!
CJES5
i still consider myself as ot5 fan but i’m not delusional…-.- being ot5 fans ‘for me’ means that i support 5 of them ‘individually’ as an artists. i know they wont comeback as 5 long time ago. so all this ot5 bashing is offend me.i wish jyj win n hopefully can promote again with freedom.
@jaelove
yes i agree. i know that them being together most probably wouldn’t happen anymore, but i still love and respect each of them individually. n i really hope that jyj is able to win this lawsuit that’s gone far toooo long and be able to promote their music with freedom and go on variety shows tgt and stuff. it’s so unfair. JYJ Hwaiting! <3
I agree… but! delusional or not, either the bashing has to stop or people have to learn to keep comments to themselves. little “harmless” comments like *above* can cause fan wars (if some people take offence and spread it about) and it gets very irritating. we listen to music (jyj’s or whoever’s) to relieve stress/enjoy, not receive added stress… ot5 =/= stupid. imo, stupid are the ones who create harsh rumours and spread them, creating fan wars that can cause disharmony within the fandom. some people can be judgemental at times and say that ot5s are ALL delusional just because their friends happen to be. don’t generalise please..
It really offends me as well. I don’t follow Yunho and Changmin much because the members of JYJ were actually my favorite members from DBSK but there is no need for people to be so rude to OT5′s. I wouldn’t consider myself one, but still. And if I hear one more “well they also say things about JYJ only fans” bullshit argument, I’ll rip my hair out. You don’t fight fire with fire, you know? People are so condescending sometimes…
If you are a supporter of all five original members of DBSK, but are not under the delusion that those five people will be reuniting as soon as the court case is done, then you are not one of the “delusional OT5s” to whom @Jyj HidupGw and I were referring. We were specifically addressing those OT5 fans who firmly believe that DBSK will be reuniting as a five-member group once the lawsuit is finished. Based on many facts, not the least of which are the contracts that have been signed by some of those five people, that reuniting is pretty darn impossible. Which is why we even call it delusional.
I have some really good friends who are supporters of all five so believe me, I’m not going to categorically talk trash about every fan who supports all 5, BUT the fans that harbour the bizarre idea that the original 5 members will miraculously come back together as the 5-member DBSK are out of touch with reality.
I’m sorry that either of you felt offended, @jaelove and @Jess~, but I hope you see the difference between the groups that we were talking about?
well, excuse us, but how about the bashing OT5 fans constantly do to us? Don’t act like they’re innocent. Who keep calling JYJ fans “stans this, stans that”? Do they respect our choice to support only JYJ or do they keep being bitter about it? If you’re a sane OT5 fan, good for you. You don’t fall in that “delusional” category, then why are you offended? I don’t wanna cause fan war but I hate it when someone puts the blame solely on JYJ fans without looking at the other side. Geez!
Really, thank you for all of this! It’s been so long, it’s almost over. JYJ fighting!
the 19th july they must be just speak about the invalidity of contract or will be a other lawsuit?
@kris
don’t be better CJES-GLOBAL?
CJES-GLOBAL , that’s nicer, it doesn’t sound like copied hahaha
AGREE …….. the C-Jes GLOBAL World Tour 2013
so, will be… CJES_GLOBAL!
OR INTERNATIONAL_C-JES?
or The CJES KINGDOM TOUR???
mmmmmhhhhh! no bad!
will sound better….
THE KINGDOM OF THE CJES!
hahaaa …. our imagination go wild ,, hihii .. where do you come from ?? i’m an Indonesian
lol.. or maybe Cjes World also better.. you know like Junsu’s Taran that said his standart are different with other.. so in Cjes world, their artists n rules n how they ‘played’ arent the same with others in THIS world (you know the world where people are letting themselves bow down n bullied by evil corrupted company). ow cool is that. other have town, nation, etc, but our JYJ have their own republic in Cjes world, beside JYJ themselves are world artists, not only a mere ‘hallyu wave’ artists =)
@One_ that would be really really cool .. i really hope that someday Juno joins Cjes .. at least they make some kind of JYJ feat Juno .. or Junsu feat Juno ??
thank you so much for clarifying how things are and where they are in the trial process. it will feel so good to have the courts ruling on this even if sm tries to go to retrial and drag it on. the truth will still be told.
okie..so that means its gonna probably take another 6 years for SM to have exhausted all their options..OTL..i think im gonna hope for the person in SM that is so dead against jyj to get amnesia or somethin…
This worries me too…they will be in there 30s by then…. I’m glad JYJ are more positive about this situation because clearly I can learn from them haha.
I’m praying for our boys! What do you guys think though…I just took a poly sci class lately and although the verdict is made in the judicial branch nothing will change for our boys (broadcast shows) unless there’s enforcement. Without it, the decision is useless and for all we know people may still fear our boys in their station ugh. Hate to be a Debbie downer…but I’m just so impatient. I want our JYJ on tv, and newer idols don’t suffice.
just wonder, if JYJ win the case, would TVXQ/DBSK re-unite? Cross finger for that to be happen.
Like what all cassies and boys hole, always keep a faith.
dont you read the articles above ???
NO. it means justice being served. they fight for freedom n equal treatment and to get what they deserved to get (not only payment, but respect, rights to sleep, to talked, to do what they want).
beside as long the HoMin still in SME, i dont think they would ever reunite, since JYJ dont want to go back to SME (and after what SME did to them, can we blamed them?)
@eiki
Scroll up, and READ.
LOL That would take a miracle. But you know, miracles do happen. So you might wanna start praying for your miracle soon.
@eiki
I would like to ask you this…
* If you spent 9 years in a hell hole being treated like a slave, and finally said enough is enough…
* If you, as part of a group of 5 who experienced the same thing, at the same time, thought the group was on the same page, only to find out that was not the case…
* If you decided regardless of what the remaining 2 decided to do or not to do, you have to fight for YOUR rights as a human being to be FREE…
* If you filed a lawsuit to attempt to unshackle yourself from the chains that were holding you in bondage…
* If once you filed this lawsuit, everyone on the opposing side tried to defame your character and name, by stating lies about what your cause was all about…
* If the two remaining members called you liars, called you names, claimed you kept things from them…
* If you tried everything you could think of to reach out to those two people, and they rebuffed you…
* If you endured the anguish, humiliation, and mean spiritedness of the company and its cohorts to deny you the right to participate on an even playing field…
* And last but not least, have those two people say they are going to do everything they can to show they made the right decision…
Can you honestly tell me you would be alright with this kind of treatment? You would be willing to accept all this and let bygones be bygones? You would have no problem with any of this? You would not need some time, distance, and space to collect yourself? You would endure all this and then happily come back together as one?
If you can do this, then you are indeed a very special human being, because I don’t know anyone who fits this bill. I just hope you NEVER, EVER have to experience what JYJ went through, and then have others ask you to go back to that.
PEACE
100% agree. i think an ample amount of time is needed to do the healing of what`s been said and done by both parties.. such acts are not to be taken lightly . ‘nothing that which has been broken if it has to be repaired could no longer be perfectly mend’ .A priceless broken vase that was glued to put it back to its shape needs to be aired for a long time in order for the glue to dry sticking the parts together in place then kept stored in a still strong cabinet because it was too way fragile another knock would be useless to put it back in place so no one should touch it immediately while its still afresh..Note that There will always be traces of scars , scratch, imperfections that will left behind. And the hurt and the tensions..you cant erase it all in one single day but can be hidden by dusts as time progresses.
lets just grasp the reality and moved on along with their different paths they chosen and support their decisions is the proper way as what we humane beings should do .. we`re not in anime world nor in a scripted movie which always have a favorable happy ending in order to please the viewers .we are living in the real world people.
and reality bites.and moreover , if happy endings should ever exist down in this battle , it would be the end everyone would be least expecting but a befitting win not sooner maybe but there will be. let`s not underestimate the Will of Heaven for these GOOD people and the BAD,(too). ..Not to worry, God knows how to sort them out.
Very well said.
@BAFfie
“Can you honestly tell me you would be alright with this kind of treatment? You would be willing to accept all this and let bygones be bygones? You would have no problem with any of this? You would not need some time, distance, and space to collect yourself? You would endure all this and then happily come back together as one?”
Nice summarizing, sis. You DO have the ability to put things into perspective. lol The ONLY DBSK/THSK that I will ever acknowledge as the true one, the five member group, now defunct, made wonderful music and that music is how many of us got here to JYJ3. As much as I was charmed by them back then, after learning what they had been through, all the while having to hear how Lee Soo Man grew personally richer and richer year by year and knowing that the company was making hundreds of millions of dollars from their fame, would I wish for them to “go back”, “re-unite” or anything of the sort? No, I’m afraid not. Homin made their choice just as JYJ did and now they must live with it. I think one possible definition of a “delusional OT5 fan” is someone who selectively ignores all of the readily available FACTS that butterfliesarefree stated above because they simply want what they want. That, I would suggest, is a rather immature and selfish attitude.
You make a lot of good points, and I don’t think they will be singing together soon. However, I think that their relationship as former members can be repaired and I don’t think that if Yunho and Max if they tried to contact the member’s of JYJ that Jaejoong, Yoochun, and Junsu would deny that contact and say they need space, its been three years. Junsu has always stated that they never left the members they left the agency, and we all know how Jaejoong feels, and Yoochun said in a magazine interview that he wanted to drink beer and talk to them. If things were so messed up they wouldn’t say things like that.
I was replying to Butterfliesarefree2
iirc, Yuchun i think it was made a comment not too long ago to the effect that a lot of time would be needed before that situation would be healed. the members themselves have come out and said things in the last year or so that obliquely sound like they need time before they could consider trying to mend those fences.
@Daisy
Anything is possible, never say never. I’ve cited enough antedotes to show that this is possible. But what those who are OT5 – they will reunite one day – should keep in mind; when there is a hurt inflicted, there is pain. Sure, they could get back together, but if I were an OT5, I would not hold my breath and wait for it to happen any time soon, especially right after the lawsuit.
My best guess is maybe in 10-15 years, there may be a reunion concert or something like that, for old times sake. What OT5s should also keep in mind, JYJ have moved on musically. They are writing and producing their own material. They are establishing a vision for where they want to go. Not to mention the fact that the three of them are building other solid careers to augment their singing as a group. Where is there room for a permanent fit with HoMin? What could they possibly bring to the table? Yoochun said it best, “In the end it is JYJ.” Where are the spots for HoMin?
The DBSK sound is in the past, it is fitting for nostalgia purposes only. It was manufactured by SM. There will be nothing new coming down the pike. So, the expectation of what once was, is more dream than anything else, not reality. Fleetwood Mac comes together from time to time, but that is about it.
Everything that is needed to heal any rift is on HoMin now. JYJ need not do anything more. They tried in so many ways to reach out to say how much they loved and missed HoMin. JYJ were blown off like yesterday’s dust. They certainly don’t owe HoMin any of the hard earned money, from the sweat of their brows, to help extricate HoMin from SM. HoMin, like JYJ are grown-up men. They have backbones just like Jaejoong, Yoochun, and Junsu. HoMin could learn to use their’s just like JYJ used their’s.
DBSK, will always be a very special memory. However, there have been some things said and done, that require apologies. I am asking those who are OT5, what is the likelihood that HoMin are going to give JYJ the apologies they deserve? I know, if I were a member of JYJ, I would want one. It’s the very least HoMin can do to ease some of the hurt. But again, what is the probability of that happening, given the fact HoMin says they’re happy with the way things are/were? Again I ask, they are telling the truth aren’t they?
@Daisy
” If things were so messed up they wouldn’t say things like that.”
Actually, they very well might if above all else they did not want to further upset or alienate any portion of the fanbase.
@BAFfie
” Fleetwood Mac comes together from time to time, but that is about it.”
Yes, and after about 15 minutes in a room together they hate each other’s guts all over again. lol
@lilibaiyu
NOOOO! Don’t say that!!! They are destined to reunite!!! I am OT4, I dream that one day Fleetwood Mac will reign supreme! Never mind about messy divorces and solo careers and all the rest of it! They will overcome such petty issues! THEY WILL RETURN!
(goes back to gazing lovingly at our complete collection of FM cds)
Well said! Just one thing that I was not aware of though. Those 2 others members did really call them liars and turned their back against them? After all what they have been through? I’m really surprised by that. Sorry for this silly question. I just recently became a fan of JYJ , thus the new found interest in all things related to them.
@jyj HidupGw
their know that the lawsuit is? why don’t finish the comment? probably want say that the lawsuit is win of jyj and cjes? is this that want you say?
@Butterfliesarefree2
I don’t think it will take 10 – 15 years for Yunho and Max and JYJ to repair their relationship. I think that is an exaggerated amount of time..when the members will probably see each other when they check into the military…two long years in the military is enough time for them to talk and fix things.
Although in my post I wasn’t referring to TVXQ getting back together as a group, I was only talking about their relationship being repaired…but since you mentioned about the “DBSK sound” being a thing of the past..in many ways thats true but if they were to sing together again..granted it would need a lot of work …but in the end they would still sound like DBSK because they are the voices of DBSK and the harmony would still be the same.
You mentioned where would Yunho and Max fit in the JYJ brand if they left SM…well in my opinion I’m sure neither fans of just JYJ or TVXQ want to see them together as a singing group..so here is my solution. Yunho and Max could remain a two member group but under CJES ( although hell would have to freeze over before SM allows that to happen) but lets just imagine it anyway.. that Yunho and Max paid their way out of SM and left on good terms.
All five could help write, produce, sing back up and mix each others records. They could direct each others music videos, tours..they could create their own record label, start their own kpop groups, start a restaurant, produce dramas, or make movies together. They don’t necessarily have to be in a group together in order to work together…there are plenty of things they could do.
I’m not sure if JYJ want apologies, I think what they really want besides winning the lawsuit are their friends back and for everything to be resolved. I think a lot of Cassies and others feel the same way..I don’t think most Cassies are worried about the five singing songs together..I think what they really want are for them to acknowledge one another, be friends again, tweet a picture together or something..and I agree with you, that it does fall on Yunho and Max to get in touch with them.
@Daisy
“Yunho and Max could remain a two member group but under CJES ( although hell would have to freeze over before SM allows that to happen) but lets just imagine it anyway.. that Yunho and Max paid their way out of SM and left on good terms.”
You said “but let’s just imagine it anyway”…. But why, why, WHY should we do that??? Why would we want to, what could possibly be our motivation for doing so besides wanting to take a trip into Delusional-World?? Yunho and Max “paying their way out of SM and leaving on good terms”??? Really, are you serious? And then after that shall we discuss the merits of believing the moon is made of green cheese, black is really white and UP is actually DOWN?
The daydream you describe above is perhaps why the admittedly impolite term “delusional OT5s” has come into being. I don’t want to spend my time imagining the existence of fairies, thinking Elvis is alive and well somewhere or that milk of the female unicorn cures warts. It’s ridiculous. As ridiculous as the scenarios you describe re: Homin. Surely, you can see that?
@lilibaiyu
I was responding to Butterflies and answering her question on how they could possibly fit in a new situation. And yes the until hell freeze over and “imagine” was needed…and not because in your words..I’m being delusional is because SM is not going to let the last two members of TVXQ go…they would go overboard to rework their contract in order to satisfy them…and because Yunho and Max appear alright with their management…but then again
It’s not impossible…what you think is impossible is possible…imagine if we lived in a world..where thinkers only thought logical….half the things in the world would not be invented…”Oh wow that dude thinks he can land on the moon,” omg he is like so delusional… Logic gets in the way of creativity. So no I don’t think its delusional to think that TVXQ and JYJ could work together in non group related activities or just be plain friends over time.
Former SM Entertainment Shinwha are still on good terms with the company, even after the issues that existed between them…so no I don’t think its impossible for them to leave if they wanted to. I take offense of you trying to characterize who I am by calling me delusional, when you don’t even know me. Its rude and totally uncalled for …being optimistic is not delusional…it just means that I find hope where there is darkness. I am allowed to have an opinion, just like you are and no matter how much I disagree with someone’s opinion..I’m not going to call them delusional for disagreeing with it.
@Daisy: There is difference in the imagination of going to the moon and imagination in the process of going to the moon. If someone told you that they can take you up to the moon with a “creative and imaginative” technique, would you go? Wouldn’t you rather go with a logical and rational method?
As I said before, having thoughts that they might one day reunite or become friends again is not necessarily delusional, but your “solution” and series of scenarios related to this is since they are not realistic or likely.
Dear sisters, brothers and lovers of JYJ
Let’s all join together and pray ardently for JYJ’s Freedom and Victory daily, until the decision day.
We need to protect JYJ with our prayers always, coz the other force,- evil, is just lurking around…
@ Jamie
Some of the greatest thinkers in the world used the process of creativity to get to the final process…sometimes logic kills creativity because it is a stumbling block that doesn’t allow the brain to explore…I was saying if you can’t find a solution…you have to rely on the creative process… and the creative process will find the final solution….but all this is scientific…
I was responding to Butterflies comment on how they would fit…and the stuff I mentioned on ways they could work together is plausible…it is possible for them to work on things together…I simply just mentioned a lot of things…if they can be friends again..why can’t they work on something together…….they can even work together with a charity..there goes one more way they could possibly work together. I think throwing around the word delusional, to people you don’t know is rude…delusion is a mental illness…so what you are saying is that I have psychiatric condition..which I do not have…Simply saying I disagree with your comments is fine..
@Daisy
I disagree with your comments.
And thanks awfully, btw for your enlightening explanation of the creative mind. As someone who has spent the last 45 years exclusively in the arts, having been rather successful in creating art that many people worldwide have enjoyed, it has been fascinating to learn from you how wrong-headed I must have been all of these years.
@Jamie
When I was talking about possiblity..I meant that in those days…no one really thought besides scientist..that they could put a man on the moon..I was saying that the impossible is possible and if it weren’t for creative thinkers, who believed in the impossible the great inventions we use today…would have never been invented..Although..I didn’t use the word imagination..creativity and imagination help build better products that we use in our everyday lives..I think that when someone hears the words “imagination” or “creativity” they think its something you do as a child…but imagination and creativity help with technological and medical advancements..and of course logic is applied..like you said…
jyj will win!
jyj will win the lawsuit against sm!
Amen
Only another month and we’ll know the result but it seems even longer than the 3 years we’ve been waiting. >”< I don't doubt that the bastards in SME will appeal. It's seriously frustrating to see the bad side dragging the case like some sort of game in order to cause damages to our boys. Should JYJ win and SME appeal, I just wish the Appellate Court would find SME's claims not strong enough and dismiss the case entirely. Good luck JYJ!!
@jyj HidupGw
come from chile but live in italy! I’m adopted doughter!
JYJ hwaitiiiiiiiiiiiiiiiiing!!! I’ve got your back babes!
thank you admins, the info helped a lot
we know that jyj is going to favour in this lawsuit but i can’t help to feel a little bit nervous
but i will have faith in court and jyj
So many delayed things in courts. My only hope is that JYJ will delayed to get enlisted in the army. Kekeke
I know the lawsuit is important to JYJ but I don’t expect much that the court decision will effect JYJ appearance on SK tv. I don’t know why but I still hope so. Right now I’m waiting for JYJ next album ^_^
Evil sm!! Please i hope sme wont appeal to court! I have a faith jyj will win this case but i still afraid if the situation in entertainment industry doesnt change even if the court favor jyj (jyj cannot appear in broadcast tv)
“justice delayed is justice denied”
SM’s been dragging this case for too long, i hope that justice will finally serve. and truth will finally presents itself with dignity, again.
@vonz
my guess for the reason on why SM dragged the case too long is because they know they’ll lose, otherwise, what’s the point?
their intention is to stall and delay JYJ’s freedom
i think not only that, SM also wants some fans to abandon JYJ, losing interests on continuing the fight and eventually giving supports.
“i think not only that, SM also wants some fans to abandon JYJ, losing interests on continuing the fight and eventually giving supports.”
Well now, won’t SME get a rude awakening when they find out that is not going to happen? Can’t wait to see the looks on their faces!
i hope this is really final. there’s no way for sm to raise another objection and drag this case again… right? sorry i don’t understand anything about lawsuit.
I don’t know either, but as the writer (dedicatee.wordpress.com) above said —> “it is highly expected that SME would appeal against the final ruling just like they did for the lawsuits with other artists.”
Seriously, every other lawsuits?? Don’t they (SME) ever get tired of dragging themselves into such wasting-money-time-energy-effort again and probably humiliating themselves more?? Do they think that the whole things are just a game? If only I could get some information about the result/record track of each SM’s appeal effort (or probably up to supreme effort). #sigh#
Well this sentence shock me the most, and probably is the answer for my question —> “Don’t forget that they are only interested in ‘how long it can be delayed’, not in the results of the losing game.”
Many hanks to jyj3 admin, and the article writers effort to inform us to the extent that she herself/he himself went and tried to attend the court hearing.
sorry for the typo,, it should be “Many thanks to jyj3 admin, and the article writers”.
LOL..Just by unintentionally omitting a word could drag the whole sentence into a different meaning.. Anyways, I’ve just realized the meaning of “hanks”, by now..
but hey, their last counter-suit is already concluded (what’s the meaning of “concluded” anyway? it’s nullified or what?) so maybe they have no other way out? i hope so. it’s kinda frustrating how it would take long long time to one lawsuit to another. it’s too obvious that sm want to drag this as long as possible. tsk.
i am under the impression that it was chucked out of court as invalid….. but i’m too tired (ahem -> lazy) to go find the docs to confirm it. lol!
@noiha
Regarding “concluded”, the decision on that counter-suit has been made, just not announced. The expected conclusion is that SME lost their counter-suit that their exclusive contract remains valid. The only thing left to decide on is the decision to free JYJ from that exclusive contract. It does stand to reason, if SM won their side of the case, there would be no need to proceed. The court could simply announce, the lawsuit of JYJ vs. SM was no longer viable.
Given that all the previous decisions have been in JYJ”s favor, it would be hard to believe any other outcome. The court has already said, the contract is ‘unfair’ to JYJ. The last hearing in 2011 put the two sides into mandated arbitration to reach a settlement. No more testimony is needed.
I’m keeping a positive mind about this, and my bottle of champgne is in the fridge chilling right now.
…What’s wrong with us being ot5? Being ot5 doesn’t always mean that we’re delusional.
We tried to accept db5k’s decision, while at the same time appreciating both sides.
I really don’t like seeing childish comments in jyj3.net, especially those who bashed ot5, because ot5 fans are also jyj fans, who also favour 2vxq. I don’t understand why this is wrong & why some people here were badmouthing us.
I just wanna ask please respect JYJ FANS which are also ot5.
thats rite.i was hurt reading those comments above..is it really bad being the delusional ot5?is it a sin for hoping the 5 to come back together..?even jae stated on his twitter JYJ from 東方神起 ..the problem now is between SM not the other 2..AKTF is the word from jae and chun,as long as they believe that 1 day they will become the W again so to us ..so plz respect the OT5..
The problem is not wishing for the five to be together, but it’s not accepting the truth and twisting events to fit that wish. As I have said so many times, JYJ is from DB5K. No one is denying it, but it doesn’t mean JYJ will became DB5K again or that they want to. Even though the lawsuit is just with SMe, the other two are still in and have signed a contract with SMe. Therefore, they cannot become five again while that is true. AKTF does not mean what you think it means. Jaejoong has stated it means to “Always keep my principles and beliefs”. I am okay with OT5 fans, just not delusional ones.
Jaime …. *hug* ,,, from some ot5 .. always keep the faith means that someday they will be back as 5 .. (some my friends ,, i’m sure thats not ot5 in generally)
@jaime Well said!
AKTF is not for OT5′s wishing for them to be 5. I always wonder, do you all really read the latest news, watch the clips and put on your thinking caps?
It means “Always Keep My Principle and Beliefs” ^^. And this AKTF is very meaningful! ♥♥♥♥♥♥♥♥
@Nana
YES you took the words right outta my mouth. Cos among loyal JYJ fans there are definitely 100% OT5 fans. Including me~
and among loyal JYJ fans ,, still so many and we are not OT5 .. just JYJ
)
Let’s rephrase it @sheenki
We are OT3. (PURE JYJ’s FANS)
i think she could have phrased it better but would like to think she only aimed it at “ot5″ who would rather `jyj lose and sm win because they think it would get the group back together (ot5ness>>>>JYJ’s rights; people who don’t accept jyj’s decisions)
as another jyj3 reader
my apologies
just take it as one persons opinion
@Nana
If you are referring to the conversation between @Jyj HidupGw and I posted above, I clarified to @jaelove and @Jess~. I am reposting my reply here for you, since it appears that you have the same complaint (and please keep in mind that I am addressing the specific conversation that @Jyj HidupGw and I were having, I’m not saying anything at all about any other conversation on jyj3.net):
~~~~~ snip ~~~~~
If you are a supporter of all five original members of DBSK, but are not under the delusion that those five people will be reuniting as soon as the court case is done, then you are not one of the “delusional OT5s” to whom @Jyj HidupGw and I were referring. We were specifically addressing those OT5 fans who firmly believe that DBSK will be reuniting as a five-member group once the lawsuit is finished. Based on many facts, not the least of which are the contracts that have been signed by some of those five people, that reuniting is pretty darn impossible. Which is why we even call it delusional.
I have some really good friends who are supporters of all five so believe me, I’m not going to categorically talk trash about every fan who supports all 5, BUT the fans that harbour the bizarre idea that the original 5 members will miraculously come back together as the 5-member DBSK are out of touch with reality.
I’m sorry that either of you felt offended, @jaelove and @Jess~, but I hope you see the difference between the groups that we were talking about?
~~~~~ snip ~~~~~
Adminnies, please delete this comment since the original comment isn’t here anymore…. thanks!
if every OT5 like you .. this life will be happier and peacefully
this is for @Nana
Dear @Nana, perhaps that lovely OT5 like you and your friends shall be consulting those delusional ones. Talk to them, guide them on the “right” paths, explain to them about JYJ’s situation, so that they won’t give you all a bad name and a bad impression to us.
Perhaps you know this sentence “Respect has to be earned.”
cmiiw. what i get from “ot5″ term is you support them together as a five members group and you’re denying any other option (ot -> one true, so other options don’t count as “true”). appreciating both of them will just put you as “jyj fans” and “2vxq fans” at the same time, or just a “db5k fans”. if you’re hoping them to reunite, well it’s your own choice and i wouldn’t call it “delusional”, it’s just, it’s different from mine. but many people here wouldn’t agree with that idea, thus people are actually not attacking the ot5, but the idea of reuniting itself as enchanted by “ot5″ name.
oot but honestly, i tried to like them both since i do like their dbsk/thsk days but these two groups reaaaallly different in every way. from music style, acting style, life style, and obviously, principle, that i found it hard to like both of them at the same time. maybe it’s just me.
yes…i’ll pray for you all jyj. !! jyj…we are love you …jyj figthing !!
the 19th july will be just results final and stop? or is a other lawsuit?
if the first verdict is positive for the jyj will be also the second?
hei sm! stop bugging jyj!!! you better use your time and money for your idols! they need you to survive in your cruel world! oh sm, even in 300 years, I still hate you … anyway, sorry for my words…can’t help it…go jyj go…i’ll support you..all the best to you
“SME would have to pay JYJ damages”
do they mean damages when they were part of DBSK?
if it does mean that then SME should give yunho and changmin something too.
“if it does mean that then SME should give yunho and changmin something too.”
Wow, how awesome is that if 2vxq will receive something they don’t ask for,
but I think rather than receiving something, the 2 have to work 100x even harder to help SME cover the gigantic amount JYJ has to receive.
imo, that will be an issue on SME once the court will favor on JYJ. since Homin are not part of this case as complainants, i don’t think the court will include them. but since i heard something before that SM already paid Homin their dues on 2008 or 2009.
@cassie4life
HoMin are not part of this lawsuit. The ONLY compensation in question are the monies SME owes the members of JYJ.
Now, whatever might or might not be owed to HoMin is something the two of them have to take up with SME. But remember, the two of them have categorically said, they were happy with the way things were. So, if they are happy, then they feel they were treated right financially. Why would they take SME to task for compensation if they are happy with the way things are/were? I for one will take them at their word. I mean, they wouldn’t lie would they?
@KLL
“…..“ot5″ who would rather `jyj lose and sm win because they think it would get the group back together (ot5ness>>>>JYJ’s rights; people who don’t accept jyj’s decisions) ”
These kind of people harboring this kind of thinking are more of an SM stan than a TVXQ5 fan, to wish JYJ to lose the case so they can come back as 5 is just equivalent to wishing SM to make millions of dollars. They are just using TVXQ5 as a medium to feed their cravings for good music and entertainment and to feed SM’s hunger for money, they don’t consider JYJ as human with basic rights and wants, J-Y-J are just plain medium, objects, as long as they keep on singing as 5 then that’s all that matters.
From the English language website of the SK Supreme Court…this will give everyone an idea of what we can expect might take place once SME finds out it loses to JYJ. This information does not say how long an appeal will remain in the system. Obviously, this will have more to do with the validity of the filing. But given the last sentence in the last paragraph, I think it is a fair assumption, that it will not take the Supreme Court to conclude this case. I don’t expect the lower courts to offer up sloppy opinions. They haven’t been sloppy up until now. There is a graph on the sight that shows where appeals go once they are filed. But it may be useful to look over the entire sight.
http://eng.scourt.go.kr/eng/judiciary/introduction.jsp
Appeal Proceedings
The losing party who is dissatisfied with the findings of facts or conclusions of law by the trial court can appeal the judgment rendered by the trial court within two weeks from the date the judgment is served. In general, the high courts hear appeals with the exception that the appellate panels of the district courts hear appeals when the amount in controversy does not exceed 50 million Korean won (approximately US$ 51,305.00 as of May 2008). The appeal proceedings are similar to the trial proceedings, and the party is granted an opportunity to make new allegations and to produce new evidence.
The party who is dissatisfied with the judgment of the court of appeals may appeal to the Supreme Court, the court of last resort, within two weeks from the date the judgment is served. As the Supreme Court hears only matters of law, an appeal cannot be lodged with the Supreme Court unless the judgment of the court of appeals erred in conclusion of law or appeal proceedings were in grave contravention of law.
Oh gosh!! I thought it was on JUNE 19!!
I was like “Its now June 21, so where’s the verdict??”
Me and my eyes~~ -_-
Hoping for the best for JYJ!!
@Aijae
I know, I know, so did I and I am partly to blame for spreading the word that it would all be over yesterday, which I feel bad about (and I’m really sorry for) although not nearly as bad as I feel about it NOT being all finally over yesterday.
Maybe this is the Universe’s way of telling me that it will be over when it’s over and to STOP fixating on dates when I EXPECT things to happen. The world is an inexplicable and mysterious place. Stuff happens willy nilly and then again doesn’t happen against all fondest expectations. Best to relax, step back and roll with the punches. I knew this long ago, don’t know why it slipped my mind in JYJ’s case.
Well…. maybe I do. It’s because I care so much for these three.
So, Courage! ladies and gentlemen of JYJ3~! We WILL prevail in the end.
@lilibaiyu
No..I didnt blame you..No worries =D Its just that I keep on reading JULY 19 as JUNE 19..hahaha..
I had to re-read several times while checking on the calendar several times as well before it hit me that its on JULY 19 not JUNE 19..haha..
@Aijae
Oh good. Because I wouldn’t wish on my worst enemy the misery I felt yesterday when I read that while all of the testimony was now concluded, the VERDICT was pushed forward to July 19. Instant crippling depression! That was my reality yesterday. Now I’m calmer and have accepted that which can not be changed by anyone’s fondest hopes. JYJ WILL triumph in the end. I do believe that.
@lili
“Because I wouldn’t wish on my worst enemy the misery I felt yesterday when I read that while all of the testimony was now concluded, the VERDICT was pushed forward to July 19. Instant crippling depression!”
Not even LSM?
@Sister BAFfie
”
“Not even LSM?
Lee Soo Man is far from my worst enemy, trust me. (OK, confession time. I don’t actually have any worst enemies.) He’s a pathetic loser/psychopath narcissist who steals from children. Really, he’s about two narrow steps away from a child molester because he shamelessly hunts down, shackles and drains dry some of the best and the brightest young talent in SK, well, until recently anyway. These days, like a pitiful, scrofulous old vampire long past his best hunting years, he merely entraps the prettiest, least suspecting kids and ties them to the wheel that is SM Entertainment. Strictly speaking, he should be hunted down himself by villagers with pitchforks and torches but I suppose his ill-gotten millions will prevent that well-deserved indignity.
The man could best serve humanity now by contracting a flesh-eating virus and slowly disintegrating into the God-Damned void.
Well, we know all this….
I’m personally hoping he’s forced to wear a pair of Depends that are a size too small, and a load of maggots gets poured in. Then his hands are placed in handcuffs behind his back.
A girl can dream can’t she?
@Baffie
Sister, thank you very much for a mental image I now cannot UNSEE!!!! UGH! =P
Admin, is there no further informationfor the 2nd case(SME sues JYJ)?
@makankenyang *SME’s counter-suit and claim for damage against JYJ is now concluded.*
*concluded* that mean the case has reached its end stage and can go no further…
Bloody Sm won’t leave it at this. They’ll try something else, you just mark my words.
@Maple4U
“Bloody Sm won’t leave it at this. They’ll try something else, you just mark my words.”
Oh, we know. I don’t think anybody here really expects SM to throw up it’s collective hands on July 19 and say, “OK, we give up. Just go. Oh, and…. er…. here’s the millions of dollars we owe you.” But if their appeal has no merit, then the appeals court will act. If their arguments are questionable, then it will not take nearly as long to arrive at a decision in the appeals process. The fact that the first lawsuit has taken so long will not be lost on the appeals court – SM has been stalling, obfuscating and fudging the numbers when they haven’t been outright lying. From various reports, found on the JYJFiles blog, it was apparent to everyone in the courtroom that they were in deep shit and couldn’t find a way out. This is the problem with little tyrants used to being able to throw their weight around and tell bald-faced lie after lie to their underlings. They get in front of a judge, in a court of law, and suddenly their lies seem pretty transparently stupid to all within hearing.
Reblogged this on dreamalexia.
Thank you for these precious informations ^_^
I’m sure of one thing: if there is any justice, JYJ will win ! I pray for them…
Then I really hope Yunho’s and Changmin’s will not renew their contracts (but I guess we will have to wait some years for this…)
Thank you for these precious informations ^_^
I’m sure of one thing: if there is any justice, JYJ will win ! I pray for them…
Then I really hope that when Yunho’s and Changmin’s contracts will be over, they will not renew it >.<
@YaLan96
“Then I really hope that when Yunho’s and Changmin’s contracts will be over, they will not renew it >.<"
OK, well, let's talk again in six years when their latest contract with SM is up.
must we teanding word#justicefor jyj on 19 july????there any other way to suport jyj?i am relly hope jyj will wining their lawsuit.
Wow, been a long time, hope that whatever the final result is, it’s for the best. I’ve seen this play out for far too long. It really needs to end..
Is it wrong to think that after SME pays JYJ that JYJ will use that to buy Homin out of SME? Well that’s what Shinhwa did……. >.< Otherwise you can call me delusional…… Hey I'm an OT5 BUT I respect JYJ's decisions. I don't care if they don't get back together (hey what are the odds) as long as JYJ receives their justice.
Unfortunately for the reunification of DBSK5, the other two are under an active SM contract. What happened with Shinhwa was that when their contract expired, SM only wanted to re-sign some of the members and not all of the members. They then were able to free themselves out of the company. However, in the case of Homin and JYJ, Homin is under an active contract with SM. If they were to leave, they would be in breach of contract and would have to pay penalties. Even if their contract has been “fixed up” since the DBSK5 days, I’d still expect it to be less than fabulous but perhaps that is just my cynicism coming to the fore. Anyway, I think even if their contract expired now, it would be unlikely that a reconciliation would occur. As a few people have posted in this thread, there is a whole lot of baggage that has accumulated between JYJ and Homin, and I’m not sure that any of them would be able to be around each other at this point. Maybe in 10 or 15 years that might change, but I would not be surprised if there is no word of anything for a very long time.
hold on there, i’m a bit offended. Shinhwa never “bought” the members. there’s a bit misunderstanding about Eric sacrificed himself alone. yes he rejected big offering from another company (not SM) and he indeed the one who glued them together, but actually five of them received contract offering from SM and all of them rejected it. so if there’s anyone “sacrifice” or “buy” or whatever, they do it themselves for the sake of their group. if HoMin want to get out from SM for the sake of TVXQ or whatever, it should come from themselves first, not from JYJ, not from fans, not from SM.
sorry, this is a reply to @Cjiang ^^
Ditto at springbok7′s comment, also, you can’t buy someone’s way out when they don’t want to get out… I am not sure why there is this attitude that JYJ should be the ones to “fix” the split, but that’s not their responsibility. If Homin wants to stay in SMe, then why don’t OT5 fans also respect that decision? Also, instead of wishing that JYJ will use that money to buy Homin out, why not just wish Homin will want to get out by themselves after the lawsuit ends (perhaps seeing that it would be successful–but that might be more debatable since they would have to explain why they stayed initially)? I can’t say your thinking is “wrong” per say, but it’s not likely or reasonable. Sorry I have to say this so bluntly.
@jaime
[ I am not sure why there is this attitude that JYJ should be the ones to “fix” the split, but that’s not their responsibility.]
THIS!!!! What’s that old clique now? “It takes two to tango”! Even if one party is willing (and honestly I think they aren’t), it takes both sides to reconcile, and one side has made it abundantly clear both verbally and via their actions that they have zero intention of having anything at all to do with JYJ.
Well that was just a train of thought I had but never would I want to push upon it so desperately. Thanks for the feedback
@jaime
” If Homin wants to stay in SMe, then why don’t OT5 fans also respect that decision? ”
I think there’s a glaringly larger issue here that we’ve been skirting around and it is this: SM NEEDED to retain at LEAST 1 of the original members of DBSK in order to continue exploiting the name (making money off of it in other words.) This they did: they “convinced” Homin somehow to sign as long-termed a contract as they legally could. Without original members, SM can not trade on that name anymore. I hope we are all now long past believing the fiction of Homin valiantly staying behind in order to ” keep the name alive.” (This misdirection is typical of the outrageous cynicism which SM demonstrates towards still hopeful DBSK fans — tell them ANYTHING cute and pretty, throw in a couple of glamour shots of Homin and they’ll swallow it whole.) So Homin is now stuck there for a single reason – to allow SM to continue to use the name and trade on the history and fame of the 5 member group and GO TO THE BANK, nothing more, nothing less.
And how much money would you imagine SM would want to close the account books on DBSK forever? To kill once and for all the greatest Cash Cow in K-Pop history. Millions? Billions? My guess is that even if OT5s are exactly right and JYJ is offered a chance to “buy Homin out” of their current contract, the price tag would be astronomical.
Well yes, of course, all SMe is trying to do is keep the DBSK name. But that still doesn’t take away from the fact that Homin choose to be there. I think they are also smart enough to know that so I wouldn’t necessarily say they are “stuck” in SMe. They made their choice with all the knowledge that JYJ has of exactly what kind of company SMe is, and they still choose to stay. I don’t think this is as much of SMe’s decision as it is Homin’s. We would never know why Homin stayed, perhaps a higher respect/obedience for authority figures, more job security, misplaced loyalty, SMe offered them a better deal, etc. who knows? But I don’t think they are blind to the fact that they are using the DBSK name for SMe’s benefit.
I doubt JYJ will be offered a chance to buy Homin back. That is not only demeaning to Homin, but SMe is obviously not done milking that cow yet.
@lili
“And how much money would you imagine SM would want to close the account books on DBSK forever? To kill once and for all the greatest Cash Cow in K-Pop history. Millions? Billions? My guess is that even if OT5s are exactly right and JYJ is offered a chance to “buy Homin out” of their current contract, the price tag would be astronomical.”
Now you know how I feel about the financials of this situation. Keeping the ability to continue using the name TVXQ was their main priority. That name is worth approx. $40-45M USD equivalent, and that quote was made a couple of years ago. My guess is, it’s probably worth more now. To me, ‘buying HoMin out” is not even part of the equation. It’s the catalog that is valuable. That is where the real money lies. That is why they needed to keep one or more members of TVXQ. You can’t sell cds and concert dvds without music. Every time a song is played on the radio, the artist/composer/songwriter must get paid. According to the CONTRACT, guess who got paid? It would help to have one or more members around to showcase on a stage to perform from this catalog.
But, and here’s the big BUT, regardless of how much that catalog is worth, once this lawsuit ends, and the original TVXQ contract is declared null & void, this catalog is up for grabs. The copyrights and especially the royalties are all going to come into play. SME kept EVERYTHING. Well now, the contract is judged unfair, guess what, that brings into question the rights of this particular catalog. No legal contract, who does the catalog belong to? Hmmm?
“that JYJ will use that to buy Homin out of SME?”
Are you underestimating Homin’s decision to stay in SME ? that they can just easily be bought out like a slave from a master or a pet from the owner? Shinwa’s case was entirely different from TVXQ.
And in JYJ’s side, oh what a waste of hard earned money !
Hey that’s why I said is it a wrong idea to think of that! I never really said that I WANTED for it to be true. Sure its illogical but hey who knows history does repeat itself. Based on what you said, yes I could be underestimating Homin’s decisions to stay which is why you can call me delusional! Like honestly I know what’s gonna happen and despite my hopes for them to get back together I know it’s unlikely that’ll happen (well in a years or decades who knows). And I just wanted a type of false hope to distract me from that reality but I’m not stupid to believe just that!
Two things I’m hoping for:
a) the court makes a historical verdict of “No Appeal”
b) JYJ will release their new album in last quarter of 2012 in the course of SM’s appeal
What is your take on the situation then?
My prediction: SM will be awarded “The Most Shameless Loser” of 2012
thanks to you i got a better understanding about what’s happening, or like what the real thing is..
God bless to JYJ! 