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WashuTakahashi
Joined: 18 Mar 2015
Posts: 415
Location: Chicago, IL
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Posted: Tue Jan 19, 2016 3:44 pm
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MagusGuardian wrote: | what next they're not allowed to eat or drink certain brands because they're not sponsors? |
You know, having something like that in their contracts wouldn't surprise me in the slightest, knowing what little I do about what these things tend to include.
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Greed1914
Joined: 28 Oct 2007
Posts: 4456
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Posted: Tue Jan 19, 2016 3:44 pm
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Xavi_ wrote: |
At any rate, I am one of those sadistic mother&"$%s: if the wannabe idols don't want to get chastised they are free not to sign the contract and move on with their lives. Personally I find it repulsive, but whether the contract is binding or not is up to Japan to decide, not to forum dwellers. |
That is a good question. I'm not that familiar with Japanese law, but in American common law, this is the sort of thing that begs for a party to appeal. Since appealing depends a lot on whether a party is willing to spend even more money on a case and the potential benefits, I could see the agency appealing since there are now inconsistent rulings from the same court. Plus, this would be a pretty big shift in policy going forward if it sticks.
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Hoppy800
Joined: 09 Aug 2013
Posts: 3331
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Posted: Tue Jan 19, 2016 3:45 pm
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Xavi_ wrote: | Is this inconsistency (in ruling) a good or a bad symptom about Japanese law-making? When two judges from the same court come to two opposite conclusions I interpret that as a big flaw in the system. Or is this a common occurrence?
At any rate, I am one of those sadistic mother&"$%s: if the wannabe idols don't want to get chastised they are free not to sign the contract and move on with their lives. Personally I find it repulsive, but whether the contract is binding or not is up to Japan to decide, not to forum dwellers. |
Here's the problem, a lot of that signing is the result of parents pressuring their poor kid to do so for fame, uneducated ones at that, as no one in their right mind would let their kid be an idol if they had a brochure or an online faq telling them the cons of being an idol, it would be akin to neglect and child abuse.
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relyat08
Joined: 20 Mar 2013
Posts: 4125
Location: Northern Virginia
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Posted: Tue Jan 19, 2016 3:45 pm
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About damn time the court made a sensible ruling on this. That clause should never have been in the contract to begin with. It infringes on that person's basic human right to happiness.
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FenixFiesta
Joined: 22 Apr 2013
Posts: 2581
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Posted: Tue Jan 19, 2016 4:04 pm
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I can understand the studios freaking out over the talent running amok in some manner and destroying the unit they are a part of AND it is understandable that the law protects the rights for those that wish to openly socialize in some manner, it effectively becomes indentured servitude when your employer has complete control over your life just to keep up an image.
Future contracts will have to be more clever with the legal language to gain a similar effect of "if you screw up the Unit, you owe us the money it cost to produce it up to X amount"
The Idol Cultural won't change over night, but just as well within a decade if young girls still take up the mic the industry will have to be lax on dating restrictions at least on the official front.
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BGMaxie
Joined: 28 Nov 2009
Posts: 63
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Posted: Tue Jan 19, 2016 4:08 pm
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MagusGuardian wrote: | what the hell kind of stupidity is that? so she wants to date a guy she likes what's wrong with that, how stupid is that to have a no dating clause in a contract what next they're not allowed to eat or drink certain brands because they're not sponsors? |
If you read the article at the bottom of the news post, you'd see that idols need to be as "pure and chaste" as possible. Because apparently, to sell big to the nerdy crew, the idols have to "belong" to the fans, and that pretty much means no opposite sexual relationships because then the fans can no longer "own" the idol.
It is a pretty stupid, not to mention scary and disturbing vision these otaku have regarding the idol in question, in which they look up to said idol but by the end of the day is treated as an object they can have for themselves.
I'm glad this judge set some REAL and FIRM humanitarian standings, because these limitations of freedom are bullshit.
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kazenoyume
Joined: 18 Apr 2006
Posts: 425
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Posted: Tue Jan 19, 2016 4:12 pm
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Excellent news. I hope this becomes a precedent. The culture of chastity in the idol industry needs to end.
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Alabaster Spectrum
Joined: 02 Sep 2015
Posts: 528
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Posted: Tue Jan 19, 2016 4:21 pm
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Wow Japan actually made the obvious decent human being decision in a court case that every other industrialized country in the world would make. I ant to say good on them but I think I'll settle for thank Christ. Unfortunately decisions like judge Kojima reached are so disgustingly conservative and patriarchially oriented and so common that it's just another example of why Japanese court get accused of being a dice roll. They're so all over the place depending on what judge you get and how stuck in the early 20th century their thinking is.
There are so many aspects of the Japanese entertainment industry that need greater oversight and reform to stamp out obvious exploitation, greed and just horrible treatment from big producers and corporations. They should consider looking into the mobile gaming, Pachinko and the Anime industry for exploitative schemes and over working respectively. That is after they get done sorting out the music industry if that's ever going to happen.
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TarsTarkas
Joined: 20 Dec 2007
Posts: 5861
Location: Virginia, United States
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Posted: Tue Jan 19, 2016 4:42 pm
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I wouldn't read too much in this. Courts in the U.S. do the same thing. Really comes down how that specific judge interpreted the law. Good lawyers always know what judges you should pray to get, and what judges you should run away from screaming for help.
This is just a compensation case anyway. So it would be very easy for a judge to add a little fairness to the suit.
It also shouldn't be forgotten that in the United States such similar clauses do exist too. So if it is good for the United States, it is good for Japan.
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kiminobokuwa
Joined: 18 Sep 2015
Posts: 547
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Posted: Tue Jan 19, 2016 4:49 pm
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It's about time someone said no to these people. I'm glad that she won. Hopefully this ruling will support others to come out against this "no-dating" terms in diol contracts because I find it ridiculous.
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Kikaioh
Joined: 01 Jun 2009
Posts: 1205
Location: Antarctica
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Posted: Tue Jan 19, 2016 5:00 pm
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I'm glad to hear that this ruling for normal human decency and basic rights has been won in regards to these contracts. I'm not too familiar with how the Japanese court system works, but I hope that rulings like this can become a precedent in their legal system.
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Greed1914
Joined: 28 Oct 2007
Posts: 4456
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Posted: Tue Jan 19, 2016 5:17 pm
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I get that the no dating policy is there so fans somehow feel like they'd have some sort of shot at a relationship with an idol, but doesn't it also mean that the contract would prevent such a relationship? It just seems like the conflict there would be enough to break that particular illusion that the agencies attempt to create.
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Dfens
Joined: 08 Feb 2013
Posts: 459
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Posted: Tue Jan 19, 2016 5:33 pm
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From a normal persons standpoint it's seems like a good decision that such a practice was ruled unjust, but from a business/legal standpoint these girls are in the wrong.
Let me explain, they know full well that if they want to be in the idol industry and to become famous and to get paid as a entertainer that their are certain restrictions in their contracts. They aren't forced to do inhumane things or have restrictions that would violate their everyday human rights. More importantly no one puts a gun to their heads and says sign here or else. If these girls don't like it then quit or get another job.
Yeah it's kind of creepy that the otaku fans require that their idols to be in their minds pure, but those creepy fans are what keeps them in business.
As for another commenter mentioned whats next you can't drink a non sponsored drink. Yes their was a case I can remember here in the United States of that happening. The person in question was a Nascar Driver and he was not allowed to drink another brand of Beer but only in public or he would be fined and have his contract pulled. He fully agreed to the terms and didn't have a problem and could drink any brand of Beer at home or behind closed doors as long as no one snapped a picture. Did he sue or claim his freedom or human rights were being trampled on nope.
So maybe these girls need to either make sure that they aren't seen in public with their boyfriend and keep their private lives really secret or wait until their career is over which in most cases is only a few years before they want to start a relationship with someone.
Last edited by Dfens on Tue Jan 19, 2016 7:02 pm; edited 2 times in total
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Foxaika
Joined: 28 Apr 2015
Posts: 365
Location: Columbus, Ohio
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Posted: Tue Jan 19, 2016 5:34 pm
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Interesting given that there were previous cases that went the other way. I mean it is a contract, unless there was a circumstance where you were impaired upon signing, you know what you getting into. Can't fault the company for following that.
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Stuart Smith
Joined: 13 Jan 2013
Posts: 1298
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Posted: Tue Jan 19, 2016 5:40 pm
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Alabaster Spectrum wrote: | Wow Japan actually made the obvious decent human being decision in a court case that every other industrialized country in the world would make. I ant to say good on them but I think I'll settle for thank Christ. Unfortunately decisions like judge Kojima reached are so disgustingly conservative and patriarchially oriented and so common that it's just another example of why Japanese court get accused of being a dice roll. They're so all over the place depending on what judge you get and how stuck in the early 20th century their thinking . |
Please don't turn this into the gender war. Males are held to the same standards. One famous case was when Mamoru Miyano revealed he knocked up a girl suddenly and was getting married. Fujoshi had an uproar and even wished his unborn child would be miscarried. Otaku or fujoshi make no difference.
-Stuart Smith
Last edited by Stuart Smith on Tue Jan 19, 2016 5:41 pm; edited 1 time in total
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