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Forum - View topicINTEREST: Touhou Project Creator Puts Site's Right to Sell Work on Hold
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enurtsol
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Now this is when it becomes more of a business to someone........
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WhiteCanvas
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Our opinion against the comment made by Mr. Junya Ota (太田順也氏)(The current CEO of Korindo Inc. (株式会社香霖堂), well known as ZUN), posted on the Official Blog of Doujin Circle "Team Shanghai Alice (上海アリス幻樂団)", titled as "A Temporary Suspension of Selling Team Shanghai Alice's Productions at White Canvas", posted on 13:11 20th Dec, 2011.
On this occasion, an entry which is titled as above was posted on Doujin Circle Team Shanghai Alice's Official Blog. It is not our real intention to announce our company's opinion in this way. However, in consideration to our valued Doujin Circles, business partners, and all persons related who are concerned about this matter, we would like to make the sequence of events, as well as the relations of facts public. In regards to "The temporary suspension of sales of Team Shanghai Alice's productions at White Canvas is due to a case of nonpayment towards Doujin Circle 'Tasogare Frontier (黄昏フロンティア)'." According to the description which can be found on Team Shanghai Alice's Official Blog: "...I requested Tasogare Frontier to help me do the consignment of the productions and the correspondence works with Doujin shops. However, I received a report from Tasogare Frontier that White Canvas did not submit their payment to us...I'm afraid I will give Tasogare Frontier troubles if I start the consignment of the newest production even though there is a nonpayment happening..." At the present time, our company is pending in lawsuit against SUNFISH Co.,Ltd. (有限会社SUNFISH), which is managing Tasogare Frontier. (The CEO of SUNFISH Co.,Ltd. is Mr. Tomohiko Nakajima (中嶋智彦氏), who is also a current board member of Korindo Inc.). As the lawsuit is in progress, we would like to refrain from making any comments about the case. However, all of the amount of money which is equal to the total sum of the payment mentioned in Team Shanghai Alice's Official Blog as a "non-settled payment" was deposited to the court, and is contesting at law. The comment in the blog mentioned above is causing a misunderstanding that our company denied to pay without any reason, which is inappropriate, and we would like to express our regret on it. In addition, in midst of the lawsuit dispute between our company and SUNFISH Co.,Ltd. as a third person, Mr. Junya Ota(ZUN) published the comment on his own blog and criticized our company with contents that invite misinterpretation against our company. We would like to express our regret, as well as a strong objection towards the comment. Mr. Junya Ota, also known as ZUN, published the comment mentioned above onto the internet towards general public. As a result, a misinterpretation that all of the payments towards Team Shanghai Alice for its productions have not been settled yet was formed and became a rumor and widely spread. Because of that, our company is suffering from the trouble that is caused by it. We would like to manifest our strong intent to protest against Mr. Junya Ota's misleading comment. In regards to "The temporary suspension of sales of Team Shanghai Alice's productions at White Canvas is due to White Canvas’s unauthorized manufacturing of Toho products." On 23rd June 2007, a contract made between our company and Mr. Junya Ota, which is named "Contract of Authorization of Product Commercialization and etc (商品化等許諾契約)" became effective. Based on the contract, our company owns the rights to manufacture and to sell items using the characters that are created by Mr. Junya Ota. The contract mentioned above was made in order to replace the previous contract between our company and Mr. Junya Ota named "Contract of Exclusive Sales Rights of Products (商品独占販売契約)" (which states that our company has the exclusive rights to sell all of Mr. Junya Ota's products inside or outside Japan), which became effective on 13th August 2004 and was ended within the contract period with agreement from both sides in accordance with Mr. Junya Ota's request. Since then, our company has started the commercialization of products which uses the characters that Mr. Junya Ota has produced, and, of course, all of the payments of royalties towards Mr. Junya Ota have been settled on the basis of the "Contract of Authorization of Product Commercialization and etc". However, in October 2010, our company received a message that states the management of copyright affairs of Team Shanghai Alice's productions was handed over to Mr. Fumio Oyamada (小山田文雄氏) (A current board member of Korindo Inc.), who then informed us, "I would like to make a new contract with you, as the copyrights and the merchandising rights of Team Shanghai Alice's productions had already been transferred to Korindo Inc." Unfortunately, the conditions of the new commercialization contract shown by Korindo Inc. were greatly different from the "Contract of Authorization of Product Commercialization and etc", and were absolutely unacceptable to us. Moreover, Korindo Inc. claims that "the management of copyright affairs of Team Shanghai Alice's productions was handed over to Korindo Inc. already", but the evidence of transition of rights, such as a copy of Copyright Management Contract (著作権管理契約書), has not been shown to our company yet. In our opinion, as the new contract could not be made successfully, the one which we made with Mr. Junya Ota ("Contract of Authorization of Product Commercialization and etc", effective since 23rd June 2007) is still effective as of yet, so it is legal that we are just to continue with the commercialization under the conditions written on the "Contract of Authorization of Product Commercialization and etc". It has no effect on the validity of the contract made between our company and Mr. Junya Ota, whether the managing rights of copyrights held by Mr. Junya Ota were transited to Korindo Inc. or not. We feel that Korindo Inc. does not understand the situation mentioned above. Furthermore, it seems that there is a gap of understanding on the range the current contract is covering, between our company and Mr. Junya Ota / Korindo Inc.. About this point, we are deliberating to each other through the lawyers. We cannot help but to believe that, instead of solving the problem legally, the notice of one-sided suspension of trading posted on Team Shanghai Alice's Official Blog is trying to settle the problems forcibly by means of meddling in the legal dispute between our company and a third party (Doujin Circle "Tasogare Frontier"= SUNFISH Co.,Ltd.), as well as causing rumors by making reputation damaging comments on the problem of discrepancies happening on interpretation of the contract between our company and Mr. Junya Ota / Korindo Inc. (the range that "Contract of Authorization of Product Commercialization and etc." covers). We have no choice but to express our disappointment concerning the comment mentioned above. In the capacity of our company, we have a suspicion whether the comment posted on Team Shanghai Alice's blog reflects Mr. Junya Ota's true opinion or not, in consideration of the relations between our company and Mr. Junya Ota in the past. While manufacturing products, our company always bears in mind to pay serious attention to the guidelines Mr. Junya Ota announced, and in the name of our brand we produce or sell neither products that desecrate Toho Project, nor goods for adults (people who are over 18) only. It is regrettable to make the trouble mentioned above between our company and Mr. Junya Ota / Korindo Inc. known to the public in this way, as originally we have the responsibility to work together in order to enliven the genre that is called Toho Project. We would like to express our most sincere apologies for giving troubles and worries to all our valued Doujin Circles, franchise partners, business partners, and our financing institutions. Also, please allow us to apologize to all of our valued customers of our physical shops, our online shop, and our franchisees, on this occasion. Our company as a whole will continue to do our best to make the Team Shanghai Alice's newest works available for sale. 21st December, 2011 White Canvas Servitech Co.,Ltd. Yuji Suzuki (President) |
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WhiteCanvas
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Dear MoeMoe overseas customers,
Okaerinasai! Team Shanghai Alice!! (  )/
Finally at today, we have restocked all the product from team shanghai alice. Even though its just before summer Comiket, we would strongly recommend these popular products. http://whitecanvas2000.cart.fc2.com/ Thank you. Sincerely, 20. Jul., 2012 White Canvas |
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