[NEWS] 091029 TVXQ's Contract - Income Division

The Court has granted the injunction filed by the members of TVXQ against SM Entertainment.The Court found that the Contract between SM and the Members was unconscionable and against public policy. Following this victory, the Members are proceeding with the main suit to ask for the rightful shares of all income generated from their activities.

The following is a summary of the outrageous terms of the Contract that relates to the distribution of income. The clear conclusion is that the TVXQ members have received next to nothing for their six years of work, and that virtually all money we spend to buy SM products stay with SM. Please read the below to see the extent of the injustice.

Please keep in mind that SM's contract with TVXQ has been amended five times and therefore the applicable terms have varied over time. Accounting for all the resulting complexities, the truth adds up to the following:

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I. TVXQ has received $0 for their album sales prior to July 2008, and only a negligible amount after that date.

Prior to the fifth and final round of amendments on July 1, 2008, the Contract read that for any album or single with sales not exceeding 500,000 copies, SM would be entitled to 100% of the profits, leaving the members with nothing. From the time of TVXQ's debut in late 2003 and until TVXQ's release of their 4th Korean album "Mirotic" in September 2008, no Korean album had sold more than 500,000 copies. Therefore, prior to July 2008 TVXQ has had absolutely zero income from their album sales.

On July 1,2008, SM amended the Contract to give each Member 1% of total sales for each album that sells over 200,000 copies. For any albums that sell fewer copies, the members are to receive 0.6% to 0%. SM has not honored even these outrageous terms, as it has not paid TVXQ a single cent since February 2009.

In sum, SM has kept 100% of all sales that TVXQ has generated with the sales of their albums and singles prior to July 2008, and has kept 95% or more of the sales after that date.

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II. TVXQ has received $0 for the sales of concert DVDs and albums featuring recordings from such concerts.

Under the Contract, the Members are not entitled to receive any share of the profits generated from sales of concert DVDs and "live" albums.

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III. TVXQ has received $0 for their appearances on TV programs.

Under the Contract, Members are not entitled to receive any share of the profits made through their TV appearances if the appearance is of a temporary nature. As all programs on which TVXQ appeared have featured the Members as "guests"and therefore by nature have been temporary, SM has kept all profits that TVXQ has generated from these TV appearances.

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IV. For all other possible sources of revenue, SM subtracts from the total revenue all expenses, including salaries of other staff, stage preparation expenses, rent, travel expenses, food expenses, and the like, then gives TVXQ only a fraction of the remaining amount.

As for all other sources of income, the Contract states that TVXQ is entitled to varying percentages of the "net income." The Contract defines "net income" to be the amount remaining after the applicable "operating costs". The "operating costs" are defined to include such expenses that are traditionally expected to be covered by the employer, including but not limited to 1) salaries of the staff (manager, clothing coordinators, makeup artists, dance crew, and the like), 2) performing stage preparation costs, 3) living expenses, including rent and water/electricity bills, 4) travel expenses, including plane ticket costs, 5) meal expenses, and the like.

Even after all these "operating costs" are deducted from the net income, the Members are only entitled to a small percentage of the remainder while SM keeps the rest.

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In conclusion, please realize that SM has kept virtually all of the profits that our Members have generated over the past six years. Our Members have received, literally, next to nothing.

Following the victory of the granting of the preliminary injunction, the Members now prepare for a suit to claim their rightful share of the profits that they themselves generated. Please help them win the lawsuit by boycotting all SM-made products and merchandises (this excludes all Avex-made products, which includes Japanese albums and singles released in Japan).

Please remember that every cent you spend on SM will be used to fuel SM's efforts against our Members in the main suit. We as fans support TVXQ in their rightful fight for their rights.



Source: [DNBN]
Translation credits: Inklette@DNBN.pe.kr
Shared by: tohosomnia.net
Do not remove/add on any credits

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Wait a minute, why is our boys paying for the staff expenses? I mean the traveling fees and stuff? If they were to pay for those, they might as well make a company for that ! >.<

[myself] Golden rules to Dorm-ing

Rule number one#

NEVER, I mean NEVER dorm together with your friend if you don't want to see Hell!

Explanation: IN CONSTRUCTION

[myself] loner...

I’m a loner; I suddenly realize this fact while playing Fishdom.
I get frustrated when things won’t get my way…
I get mad at people who don’t meet my expectations…
I can’t make friends with my real ‘self’ for I modify myself to suit the crowd…
I’m a loner, I just realize it…

I hate this world
I hate the fact that I’m born
I hate this country I’m living at
I hate the people around me

I’m selfish
I’m crazy
I’m weird
I’m arrogant
I’m bothersome
I’m who I am now
I wanna die…

[myself] I hate my life

Yup, you see *points at title*
I hate my life (- 3-)

[review] Carmilla – Sheridan Le Fanu

This is a really weird book if you ask me x.x
I mean, since it’s a vampire book I should able to read story about it.
But mostly it is about the admiration of the vampire to the main character and there is no mentioning about who is the vampire for almost 80 % of the story.
Although, you can already guess it from the beginning of the story =P

Still, I won’t recommend this one if you hope to read vampire stories like Twilight.

I give this novel a 2 out of 5

[myself] One of my best day in Trickster Online (ETO)~ Pt2

Today is also Ryan’s birthday ^^ (It seems like I pick a good day to change job, eh? XD)
And I gave him a little present to show my gratitude~

For being the birthday boy, we get to beat him senseless as we like in PVP~ XD
It’s my first time going to pvp with a group of people ^^
And it’s fun! XD ......If we minus the part where two Immortalonesobsessed stalkers who keep pawning us, that is. >.<

The stalker is someone from a guild called [Tempestad]. *I recently saw her, she's in [Universal] now =O
I don’t know if she simply thirst for blood or she hate us =O, because she keep hitting us all without reason.
I know people might say ’Duh, you’re in battledome. Of course she can hit you’. Yeah, but I thought it’s an unwritten rule to NOT hit anyone in a group. -_-ll Suddenly I felt naïve...
She even chases us down to another arena when we left her to her own massacre.

When she finally leave us alone, another come (I was like ‘Are we up on the wanted list?!’)
He is a 3rd job buff named ‘K4’ (Since his name contain number, he must been around for some time =O).
He suddenly attacks Ness who is standing on guard for our group. After he killed Ness, Brad quickly jump on him to avenge for Ness. After that, he keep coming for more of us -_-ll

But apart from this matter, everything went well for the day~ XD
We go for private session at Arena 3 through Don and enjoy fighting each other ^^
And lastly, we take group pictures ^^
I’m happy to be in my guild~ Immortal Ones forever!!

Picture credit -> Ryan

[myself] One of my best day in Trickster Online (ETO)~ Pt1

Today is the day I change my job from Warrior to Mercenary~ XDXD
At last, I beat Tribunal Madam Chiffon, Freja(?) and Leviathan~ ^^

I must thanks my sister for lending me her Poppuri Pendant (I need those 1K+ HP XD)
And other people in my guild:
- Ness >> For recommending the skill Shockvibe to me XD
- Brad >> For lending his equips to me
- Ryan >> For great moral support (I need it badly that time, so thanks Ryan!! XD)

So, there ^^
And thanks those people for coming to congratulate me XD



Picture credit -> Ryan

[TRANS] 091014 TVXQ Called To Courts During Trial, But Failed To Reach A Compromise

Oh, bloody hell X.X






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Credit: as tagged

[myself] さびしい。。。

There are times when I wanted to feel nothing at all, to see nothing at all, to not living at all....
And now is one of the time...

Credit: Google.com

[review] Kerrelyn Sparks - All I Want For Christmas Is a Vampire

Lol, I didn’t realize this is an adult romance novel when I first get my hands on it. But no matter, I think this is a well-made vampire novel ^^

I’ve read quite a number of vampire novels and this one proved itself good enough to be out of the norm. Blood-loving, non-venomous, ability to teleport, mind-controller… etc etc, a good combination of element, I say~

And this is my first time reading about mortals guarding vampires on day shift, way to go Kerrelyn Sparks! XD! As I read the novel, I’m playing the scene in my head. I will definitely watch this one if it is converted into a movie~

I give this novel a 4 out of 5~

[Review] Amelia Atwater Rhodes – Midnight predator

Amelia Atwater Rhodes – Midnight predator

This is another good vampire novel although not better than the previous one in my review. Vampires possessed qualities like mind-tapping, ability to track slaves, non-venomous, and etc etc. There is not much romance as it focuses on mission, assassination, revenge and stuff like that.

But I like the feelings that grow between Jaguar and Turquoise a.k.a. Catherine. It’s sweet but it’s a shame the author didn’t elaborate more on it. I was looking forward the following story after Turquoise finally revenged herself.
*shrugged* Anyway, this is a worth reading novel, so there! XD

I give this novel a 3 out of 5!

[myself] (- 3-)

I felt silly today =P

Because I told my sub master the wrong way to find the key… -_-ll
Some people might say ‘It’s okay, you just don’t know’ but I thought I know.
I want to help a bit because they helped me a few times now and I wanna contribute too (- 3-)
And now, I messed it up and confused her too…

So while I keep thinking about my mistake, I finally (or I thought so ^^:;) figured out the ways around the trial rooms.
Speaking in term of number, Brick will add one to the room you’re in. Ex: Room 7 to Room 8
Chaotic + Fractal will add four to the room you’re in. Ex: Room 7 to Room 11

*Room 11 is the last room so using chaotic + fractal will bring you to room 1

So that’s why people say using the combi (fractal+chaotic) three times will bring you to the boss room:

1st time combi: Room 7 to Room 11
2nd time combi: Room 11 to Room 1
3rd time combi: Room 1 to Room 5 (Speak to Sabrina and you’re there)

That’s why the wiki guide say use the combi at Room 2 (- 3-) [Room 2 to Room 6] to get to Naranjo.