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13 August 2009 @ 04:07 pm
[FANS] 090812 SM Ent. Boycott Announcement  


Hello, Cassiopeia.

SM TOWN LIVE '09 that was scheduled on August 16th, 2009 has been postponed indefinitely but in truth, it has been canceled. We believe that this has caused a lot of confusion amongst the domestic and international fans.

When three members of TVXQ filed for a exclusive contract suspension, many worried about whether the SM TOWN LIVE '09 would still held. At the time SM Entertainment stated that the concert would still be held regardless of the lawsuit filed by the three members. TVXQ also stated numerous times that they would perform to keep their promise with their fans. However, SM Entertainment announced that, 'Due to the situation regarding TVXQ's lawsuit, we will not be able to show fans the cooperation and bond between the singers in our agency.' They stated this as their reason and postponed the concert indefinitely a week before it was set to be held.

SM Entertainment has taken fans love for their artistes and used it against them by selling items based on quantity and not quality. Instead of selling unique items that are high in quality, they have been selling numerous items of which some are very similar to one another (i.e. three or four versions of the same CD). Also, SM Entertainment has ignored customer complaints about said way of business along with all other complaints regarding other areas and thus, ignored the right of the consumer. SM Entertainment is bound by law to be fully responsible towards consumers as sellers before as an agency, and when they do not take that responsibility, the consumer is allowed to refuse to buy items from the seller and is allowed to ask for compensation for irresponsibility of the seller.


Therefore,
1) Since SM Entertainment is mocking the consumer for canceling a concert is an act that ignores the basic respect that should be given to the 'consumers' who have bought tickets,

2) Since SM Entertainment has not been giving consumers proper respect that a consumer should receive in the years past and have shown no signs of improvement,

3) Since SM Entertainment is mistreating the reason for the consumer's buying, SM's TVXQ, and is even obscuring the existence of the group,

we have decided to hold a boycott against SM Entertainment.



Items to be Boycotted
-All Photobooks, DVDs, Goods and all other licensed goods SM Entertainment has released or plans on releasing
-Music services that include Ringtones, Coloring, BGM
-All businesses run by SM Entertainment such as Everysing
*This Boycott DOES NOT include TVXQ's Japanese albums and singles that have come out under the name TOHOSHINKI because it is from Avex Entertainment (Rhythm Zone)*


Reasons as to why we are boycotting SM Entertainment.


1.SM TOWN LIVE '09's Cancellation
-The three members have repeatedly stated through their representing law firm that they will be performing in the aforementioned concert. SM Ent. also stated that they wished to continue on with the performance. However, SM Ent. said that the lawsuit would not allow the singers in the agency show their bond and collaboration. Therefore, they changed their statement and tried to place to blame onto the three members while canceling the concert. This resulted in a lot of damage done to. not only the Korean fans, but also the Chinese, Japanese and other fans in Asia who had bought tickets to watch all the SM Artistes including TVXQ. (Concert Ticket price, car rental, sleeping quarters, airplane ticket etc)
-This degraded the image of Korea as a whole

-They canceled the concert as it would be hard to show the close bond between the agency's singers yet they are planning to release the SM TOWN SUMMER Album that emphasizes on the friendship between seniors and juniors.

-Preceding the cancellation of the concert,
[09 SM SUMMER TOWN FESTIVAL] - Even though ticket were already booked, a week before the concert SM Ent. stated "We are not postponing the concert because of problems regarding tickets or sponsors, but we have changed the date of the concert because we would like to give the Asian fans, as well as the Korean fan, the highest quality concert we could provide," and moved the concert to the winter season (December~January) due to bad weather conditions.
-They did not say anything after the postponement. 09 SM SUMMER TOWN FESTIVAL was held on June, 2007.



2. The unfair treated of TVXQ's Official Fanclub CASSIOPEIA

1) The unknown term of the 2nd Cassiopeia
-The cost to be a part of the 2nd Cassiopea: 15,000 Won (2006.05.27)

-After numerous recruitments their activities officially started (2007.03.01)

-SM ARTIST Official Global Fanclub's Activity Period: Terminates one year after application

-2nd Cassiopeia's Activity Period: 2007.03.01~2008.02.28
-TVXQ's Absence from the Korean Stage (No official albums released. Only appeared in big events.)
-TVXQ's 4th album activities (2008.09-2008.12), TVXQ's Concert (2009.02.20-22) advanced ticket booking, TVXQ's Japan Concert Cassiopeia Tour (2009.07), SM TOWN LIVE '09 (Scheduled for 2009.08.16) etc.
2nd Cassiopeia is still in effect

2) A Fanclub without a representative
-During 2nd Cassiopeia's activities, the fanclub has been running without a representative - Impossible for fanclub to talk with agency.

-SM Ent. released a statement regarding the 3rd Cassiopeia's recruitment and supporters (2008.05)
-There has been no other statements released afterwards regarding the 3rd Cassiopeia

3) Benefits Not Given
-SM ARTIST Official Global Fanclub benefits
1) A member card with the newest Visual of the S.M. ARTIST
2) Participation in the 'S.M. ARTIST Official Global Fanclub Ceremony' with S.M. ARTIST (1 time)
- It was released that this ceremony would be held on 2008.01.20 (10 months after the official start of activities)
3) S.M. ARTIST Official Global Fanclub Bulletin Given (not regularly)
- They stated it was near completion on 2007.5~7
- Stated again that it was near completion on 2008.01
- Not released
4) Special Goods (Sent once after applying) - Nothing other than a raincoat
5) Notification service of Community Activities (Still being made)
6) Mobile Global Fanclub Service (In the process) - Canceled
7) Ability to watch public programs or events the S.M. Artist participates in
8) Ability to watch UCC videos of said programs and events (Need to pay for this, first come first serve) - Canceled
9) Benefits from buying ARTIST Goods from an SM-owned ON-Line Shopping Mall (In the process)
10) Ability to watch S.M. ARTIST's overseas performances (Tour for Overseas performances) - Applicants must pay for fees
11) Other benefits as well

4) Continuous delays during concerts, putting up notices about transportation and entrance on the morning of the performance day


[b]3. The Unlawfulness of the Exclusive Contract


-Clause 1
For the activities of TVXQ to be carried out in a successful manner, SM Entertainment and the manager SM Entertainment chooses will be in charge of handling all performances, commercials, promotions etc. for domestic and overseas activities. TVXQ cannot make any promises or sign other contracts without contacting SM Entertainment and they must only focus on their activities.

-Clause 9
1. TVXQ must release albums as they are singers. In the case that 500K copies are sold of one album, excluding refunded copies, they will receive 50 million Won when the next album is released.
-There have been no albums that sold over 500K copies other than the fourth album MIROTIC (08.09.26)
-Subclause was altered (Artist receives 0.4~1% of the income 2009.02) They have sold 2.5 million albums in Korea only
-Money TVXQ received for albums 0 Won (2009.02)
-Although the subclause was altered, they still is no proper income division
(Artist:Agency = 2 (0.4% per person):98 ~ 5 (1% per person):95)
2. Subclause 1 only refers to the official albums of the group and the profit of other albums made by SM Ent. (Live Albums, Best Albums, Omniverse Albums, etc.) will all go to SM Ent.
-3 Asia Tour Live Albums, 5 SM TOWN Albums, 5 OST Collaboration Albums
-Income 0 Won
4.TVXQ must participate in Internet Programs whenever SM Ent. says they should. These Internet programs will be seen as a promotion of TVXQ and pay will not be given to them.

-Clause 10 (Income division - TV Programs, Events, Commercials etc)
1. SM Ent. must get 40% of payment for programs in which the members are regulars.
2. When TVXQ appears as a guest or singer on a program, SM Ent. takes all the money as this can be seen as SM Ent.'s promotion of the group.

-Clause 11 (Compensation in case of a cancellation of said contract)
1. If TVXQ goes against this contract, they must pay compensation for the damages. If TVXQ does something that endangers or affects their activities as celebrities, TVXQ must take full responsibility, and if SM Ent. finds that because of this happening, it will be hard for TVXQ to continue on with their activities, SM Ent. is allowed to stop all of TVXQ's activities and TVXQ must pay for compensation. (Payment for compensation does not mean the contract expires.)
2. For compensation, TVXQ must pay SM Ent. a total of 3 times the investment cost (anything in which money was invested), twice the amount of money expected to be earned during the entire length of the contract, and 100 million Won.
3. If TVXQ wishes to cancel their contract with or without consultation with SM Ent., they must follow Clause 11, Subclause 12.
-This means even if they cancel the contract without talking about it with SM Ent., they must still pay to compensate. Realistically, it is impossible for TVXQ to cancel their contract.
[Taken from the TVXQ-SM exclusive contract]


To support TVXQ ,Cassiopeia has participated in many of the fandom's activities to boost album sales (DongBang Day, DongBang Week: Set special days to buy albums. Sudden rise in album sales was seen) and have let SM Ent. take similar contents and release them in repackage albums. But as long as Cassiopeia knows of the unlawful income division that SM Ent. has only the agency's interests in mind, Cassiopeia has no thought of keeping their status as consumers of SM Goods.

TVXQ had dreams of being artistes. To us, who support them, those dreams are very important. SM, starting from TVXQ's debut in 2004, has constantly asked TVXQ to follow a hectic schedule, and made TVXQ follow an even more rigorous schedule as they participated in overseas activities. Also, with an exclusive contract that lasts 13 year, SM Ent. is not helping TVXQ fulfill their dreams of becoming artistes, but are merely using TVXQ as tools to raise their income. We are saying that we can no longer be consumers of SM Ent.[/u]

Other than that, SM Ent.'s unreasonable reaction to the ARTIST and the fans' demands to see the contract (Trying to ruin the artiste's reputation by focusing only on the money aspect of the situation and taking the attention away from the real reason behind the lawsuit which is the inhumane, unlawful contract) has greatly angered the fans. SM Ent. must stop seeing ARTISTs as mere money-making tools and should start respecting the ARTIST's human rights and must change their contracts.

The mentioned boycott of SM Ent. is because of their[b]1) Irresponsibility as sellers in their actions to their consumers, 2)Irresponsibility as an agency by having unlawful contracts with their ARTISTs.
This boycott will continue until both issues are solved.


-We are not forcing you to join us in this boycott, but feel free to join us after you've read the article carefully
-We need each member's main fanclubs to join as well. Feel free to spread this with proper credits.
-Fandoms of other SM ARTISTs who wish to join this boycott should e-mail smboycott@live.co.kr

-We support TVXQ who have done a very brave thing.



Source: [DNBN]
Translation credits: jeeelim5@iscreamshinki.net
Shared by: iscreamshinki.net

Do not remove/add on any credits