Tag Archives: SMEnt

[TRANS] 091229 TVXQ’s Chinese FanClubs Takes Legal Action

It has been confirmed that Chinese fans are planning to take legal action against SM Entertainment and the Chinese sponsoring company for the cancellation of the Shenzhen ‘TVXQ Thrid Asia Tour-MIROTIC’ concert that was to be held on November 21st.

A representative of Chinese TVXQ fansite Baidu BAR said in an e-mail interview that, “We were severely hurt by this event,” and “We could have understood if the concert had been canceled for reasons beyond anyone’s control, but we cannot sit idly by and let these deceptive tricks go,” and stated that they are receiving legal counsel for this case.

The representative highlighted the forged note of confirmation from the members to state that they would participate in the concert and said, “This case includes fraud. This is the thing that we find hardest to accept,” and “We are beginning to take legal action against SM Entertainment and the Chinese sponsor company by asking for Perpetuation of Evidence and other actions.”

They stated, “The Shenzhen concert was set by SM and the Chinese sponsor company without consultation after the three members handed in their provisional disposition request so it was an unfair to the members of TVXQ.”

Regarding the forged signatures, the Chinese fans showed their disappointment by saying, “In the end, SM did not give us a proper answer.” They also directly criticized SM by saying, “They do no respect their singers, hurt their fans and use media play in their favor. Therefore, we will no longer cry to understand or trust such a company.”

They said, “We are fans who support TVXQ and we hope that this cancellation of the concert does not affect the members in a bad way,” and “We will not let the company put all the blame on the members of TVXQ.” They also showed their unwavering support by saying, “We are Chinese fans who grew with TVXQ for six years and we believe in them.” They also stressed that, “We hope that this concert does not put any more stress on the members who are already strained from the legal dispute.”

They also said, “We hope that people, like the media, do not get fooled by rumors and partial explanations that switches black and white and make the wrong assumptions. We hope that they judge this event thinking of what is the real problem of this whole situation.” They also said, “We hope that the public loves them and keeps a fair and understanding eye on them.”

The Chinese fans also said, “We are not strong, and we lack experience but we will unite and let the truth be revealed.”

Source: [ohmynews+DNBN]
Translation credits: jeeelim5@tohosomnia.net
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[NEWS] ‘Be it Working In Public or Private, I Can’t Bear To See TVXQ Like This’ – SM Denies Allegations

Though all of the members are at the backstage, a screen was used to separate them. To forbid interactions, staffs would be them to monitor each of the members. It was said that they were even unable to communicate with each other. At both of the Best Hit and FNS Music Festival held on November 26 and December 20 respectively, we were able to saw all of the members performing live on stage. However, they (TVXQ) were later said to be giving each other cold shoulders. However if the above stated was true (that they were having bad relationship), they wouldn’t be talking with each other even if a screen wasn’t there! It however shows that the strong bond between members still exists and thus, barriers were needed so to prevent communication.

Despite the on-going lawsuit, the members arrived in Japan on Mid – December for the PV’s filming of their upcoming single – Break Out – said to be released on 2010. Similar to previous situation, a 3 – 2 formation was formed. 3 members stayed in hotel and flights scheduled that were different from the other 2 members. The atmosphere while filming the PV on December 15 and 16 was thus oddly tense.

Why? Apart from TVXQ’s managers, there were also staffs from Koreans who arrived specifically to observe the members while filming. Not only did this occur when filming, they were also watched while taking break. This is a harsh and major blow for members whom once mentioned that they hope to perform as a group.

Max Chang Min seems to be having a silent protest as he rarely spoke. Sam-san who direct for this PV, is the dance instructor and big brother for TVXQ too. While not working, SAM – san and the members would go for a drink and too and hopefully, they (TVXQ) are able to pour their sorrows and feelings to him. It must be difficult for them all to be working in a tense atmosphere.

It is a difficult period for members and their fans now. The lawyer of the 3 members also expressed that the 3 members were extremely apologetic that they had made their fans upset.

It wasn’t an easy decision for members to postpone the BIGEAST MEETING – one that they had been waiting eagerly – Xiah Jun Su also delayed the musical that he would be starring in so as to attend the meeting.

Fans hope that though they might not be in the current management company in the future, they (TVXQ) would be able to sing and perform on stage – as one.

As the New Year approaching, we hope that they will be able to BREAK OUT and pull through this crisis!

TVXQ has been monitored in private”, Japanese media

Japanese media revealed that while filming the latest PV in December, members of TVXQ were being forced not to communicate with each other.
SM Entertainment however responded that this is no evidence that they (SME) are monitoring the members in private.

On December 22, 2009, a Japanese weekly women magazine (Women’s Self) stated that during the activities in Japan, the communication between TVXQ’s has been forbidden and monitored since 3 of the members has filed a lawsuit against SME.

The magazine also wrote that during the activities in Japan, the members were unable to perform well as one. Though all of the members stayed in one room, there was a screen separating them into 3 – 2. Thus, this act seems to forbid interaction between members and to observe their actions. The same situation occurred while they were filming for the PV of their upcoming Japanese single, Break Out. Though the MV was filmed in Japan, there were staffs following them to disallow communication between members.

With regards to this, SME’s representative replied via phone, “The article by Women’s Self is purely rumour. It is creepy to have this thought that the members are being watched closely. Furthermore, we are in the generation where communication devices are everywhere. This could happen in the 1990s but in today’s situation; monitoring them (TVXQ) is implausible and impossible. ”

source: Women’s Self, Baidu
translation credits Lolly-Pop*@AF
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[NEWS] Caption Mistake, A Frowning Error

TVXQ Changmin in Legal Dispute? “Entertainment Tonight Caption Mistake, a Frowning Error

KBS 2TV ‘Entertainment Tonight’ made a caption mistake.

Broadcast on December 26th, ‘Entertainment Tonight’ featured Year-end special questionnaire to select stars of “Top News Maker in Year 2009″.

The members of TVXQ who are currently in legal dispute with their label SM Entertainment were selected by votes as the Top 4 of 2009 News Maker. During the vote process, ‘Entertainment Tonight’ put a caption “Junsu, Changmin, and Yoochun are facing lawsuit against their label company” in introducing the case.

As the problem is, TVXQ members who are actually in lawsuit against SM are Micky Yoochun, Xiah Junsu, and Hero Jaejoong. While Choikang Changmin and U-Know Yunho are the rest members who remain in position with SM. This caption mistake is not a problem that can easily be ignored. Moreover, the news wrote ‘Micky Yoochun’ (‘믹’키유천) as ‘Meiky Yoochun’ (‘미’키유천).

TVXQ fans demanded a correction from ‘Entertainment Tonight’ regarding these mistakes. “If it’s me who get it wrong, it may be okay. But how can you have this kind of mistake?” “Names are sensitive issue in this case, and you get it wrong… it’s ridiculous.” “Just quick correct it and make an apology to TVXQ and their fans.” as the fans accused.

credit: newsen
trans: sharingyoochun.net
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[TRANS] 091201 Actions-Restraints-Authority ETC… The 2009 Fandom Has Changed

Another happening occurred as three members of TVXQ, YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu, stated that their contract with SM Entertainment was unlawful.

The three members filed for an exclusive contract suspension request, and received a verdict on October 27th that, “SM must not set new activities without the consent of TVXQ. SM cannot interfere with any individual activities the members of TVXQ may want to pursue.” However, SM refuted this in a press conference that, “This is a nationwide scam that is packaging human rights and slave contracts as the main problem of this situation.”
Many have begun to predict that the two sides will part with the forged signature controversy that erupted with the note of confirmation of the Shenzhen concert in China.

However, the people taking the most active stance in this dispute between the three members and SM Entertainment, is the 800,000 member fanclub ‘Cassiopeia’. After this dispute began, they began boycotting SM while stating their reasons and what goods were to be boycotted. The reasons for boycotting span three pages of A4 sized paper and are as follows: the cancellation of ‘SM Town Live 09′, the unchanged attitude of SM Entertainment regardless of the numerous complaints by fans, and the unlawfulness of the TVXQ contract.

Cassiopeia stated, “SM Entertainment stated that they would continue on with the concert regardless of the legal dispute with the three members of TVXQ over their exclusive contract. However, a week before the concert, SM indefinitely postponed the concert giving a reason that, ‘It is impossible for the singers to be united in the concert because of the TVXQ legal dispute.’ This is an act that does not even consider the basic consideration that should be given to the consumer who bought tickets.” Fans also pointed out, “They used the fact that we were fans to produce quantity more than quality with many goods containing similar contents and they completely ignored the complaints of the fans and the rights we have as consumers.”

After that, the fanclub held an offline and online petition that collected around 188,000 signatures from people who were against unlawful contracts, and submitted this to the Seoul District Courts under the name ‘People Against SM’s Unlawful Contract’. They also visited the Human Rights Commission and submitted a petition urging the commission to work hard to eradicate the contract of clauses that violated human rights. Some state that the three members of TVXQ were able to receive a partial acceptance of their request by the Courts because of the actions of the fans.

These two events cemented the fans’ position as ‘consumers’ with authority. Also, they showed the entertainment agencies that idol group members were not mere ‘products’ to admire, but were ‘people’ who could be moved by the power of the fans.

One entertainment representative recognized the consumer power of the fanclubs by stating, “Fans do not have control over the creation of groups, individual activities or the act of a member leaving the group,” and “However, entertainment agencies do feel the pressure of the fans’ wants. This is because fans are what keep a group and an entertainment agency alive.”

source: [segye+DNBN]
translation credits: jeeelim5@tohosomnia.net
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[NEWS] 091126 TVXQ Fans Submit Retaliation To SM’s Statement “Ticket Sales Began In September”

TVXQ fans submitted a civil appeal to the Ministry of Culture, Sports and Tourism stating that SM Entertainment began selling tickets for TVXQ’s Shenzhen concert before receiving permission from the Chinese government. To this, SM explained that, “We asked the concert planning agency in charge of TVXQ’s Asia Tour, and they said all legal permission and procedures pertaining to ticket sales for the Shenzhen concert had no problems whatsoever.” However, fans are stating that SM’s statement is a lie.

Recently in an interview with a journalist, SM stated, “The ‘Nanjing Asia Pacific Correspondence of Culture Exchange Corporation’ was informed by the People’s Republic of China’s Ministry of Culture that ‘Permission is granted for TVXQ’s Guangdong (Shenzhen) concert’ on the 21st of October. The Chinese agency also received the ‘Ratification by the Ministry of Culture of Korean TVXQ’s Concert in Guangdong (Shenzhen) [2009] Number 2146.”

Therefore, SM stated that ticket sales began on October 21st, when Dream Maker was given permission to do so.

▲TVXQ Shenzhen concert ticket sales authorization transfer certification The authorization certification stated that the rights to sell tickets were transferred from the ‘Nanjing Asia Pacific Correspondence of Culture Exchange Corporation’, who is the Chinese company in charge of the concert, to the general agent for tickets, ‘Piao’. ⓒDNBN

However, fans stated that, “‘Nanjing Asia Pacific Correspondence of Culture Exchange Corporation’ gave the authorization to sell tickets to ‘Piao’ on September 30th,” and “Ticket sales actually began before this date,” and presented evidence. The actual date of the transfer of the authorization of ticket sales did indeed begin on September 30th.

Fans stated, “‘Piao’ believed that by being given the authorization to sell tickets, permission for the concert had already been given. Therefore, they did their job and began selling tickets. However, September 30th is quite far away from October 21st. Therefore, SM Entertainment blatantly disregarded China’s procedures for such an event.”

Fans also stated, “For the Chinese companies, as they work with concerts in China, they are allowed to draw up contracts regarding sponsors regardless of whether or not permission has been given. However, if the Chinese company, SM and Dream Maker are planning to hand over the authorization of ticket sales, they should have waited until after permission was give before doing so.”

To collect evidence that ticket sales began before permission was granted by the Chinese government, fans presented receipts and lists of order confirmation of fans who had bought tickets for the concert.

▲Shenzhen Concert Ticket Sales Confirmation List A confirmation list of a ticket buyer in China. The date on the receipt states October 5th. However, SM stated that ticket sales began on October 21st. ⓒDNBN

According to this evidence, the payment bank account and money transfer receipt are both listed under the date October 11th. Other ticket confirmation lists are even dated as October 5th. This proves that ticket sales were occurring before permission from the Chinese government was given.

Fans stressed that, “If this isn’t a violation of ticket sales, then what is?” and “This proves that ticket sales began even though permission wasn’t give by the Chinese government.”

Fans also said, “The Shenzhen concert is a concert directly linked with SM,” and “No explanation can let SM escape from their responsibility for going ahead with a concert regardless of the fact that the government had not granted permission yet.”

On the 16th, regarding TVXQ fans’ civil appeal titled ‘SM Entertainment’s Disregard for the Chinese Administrative Procedures may obstruct Culture Exchanges between Korea and China’, the Ministry of Culture, Sports and Tourism stated, “In the case of China, a license system is used for foreign concerts,” and “As you have stated, the actions of disregarding a country’s appropriate procedures may have a negative effect on the growth of the Hallyu Wave, the image of the Korean music market and the nation as a whole, as well as the cultural exchange between the two nations.”

The Ministry of Culture, Sports and Tourism also stated, “We will call a representative of SM forth to clarify and set regulations so that such an event will not occur again.”

Source: [ohmynews+DNBN]
Translation credits: jeeelim5@tohosomnia.net
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[TRANS] 091124 Three Members States ‘Shenzhen Concert Note Of Confirmation Signatures Were Forged’

-Note of Confirmation-
-Personal Number:
-Phone Number:

I, the writer of this note of confirmation, followed orders from ooo of SM Entertainment in March of 2009 and signed the documents for the Shenzhen concert instead of the three members. In signing these documents, neither the writer of this note nor SM Entertainment received permission beforehand and afterwards from the three members to use their signatures. The Shenzhen concert was completely unknown to the three members at the time of the lawsuit and it was confirmed after the lawsuit began.

Written date: November 15, 2009 Sunday

Three members of group ‘TVXQ’, Xiah Junsu, YoungWoong Jaejoong and Micky Yoochun, who are locked in a legal dispute with SM Entertainment, has stated that their signatures were forged on the note of confirmation for the Shenzhen concert and this is expected to cause major ripples in the case.

Regarding SM Entertainment’s stance that ‘The three members suddenly notified SM of their nonattendance two weeks before the Shenzhen concert which was to be held on November 21st and there are no legal problems with our ticket sales,’ the three members’ side stated on the 24th that, “The China Shenzhen Concert note of confirmation holds signatures of the three members that we are attempting to prove were forged.”

They also stated, “Some Chinese and Korean fans notified us that the signatures used on the note of confirmation looked forged, and after thorough examination, we were able to know that the signatures were indeed false,” and “SM Entertainment stated that there were no legal problems regarding their ticket sales of TVXQ’s Shenzhen Concert, yet they forged the members’ signatures for this.”

The note of confirmation for Chinese performances is a document that proves that the musician will be attending the event through their signature. This document is placed where tickets are sold so that the consumers will know that the singer will be attending.

The three members’ side also stated, “In the case of the Shenzhen concert, the three did not sign the documents saying that they would attend but SM had someone forge the signatures,” and “The person who forged the signatures submitted a hand-written note stating that he was ordered by a representative of SM to forge the signatures.”

The fake signatures (left) and the real signatures (right)

They also stated that, “SM added this Shenzhen concert into the members’ schedule after the agreement they made with the three members that all pre-planned activities would be performed. They are trying to distort the facts to make it seem like it was an event planned from before the trial,” and “The three members have asked SM to tell them of the 배경 of the forgery of the signatures as well as to reveal the full contents of the Shenzhen concert contract. The three hope to dispel any misunderstandings the fans may have felt from this happening.”

They also released the real signatures of the three members along with the fake signatures on the note of confirmation.

Before this, SM stated that the three members knew of the Shenzhen Concert before the exclusive contract suspension request was submitted and that they pulled out of the event suddenly two weeks before the concert which was why the event was canceled. SM also stated that the three members never asked to see the details of the Shenzhen concert contract.

source: [nocut news+DNBN]
translation credits: jeeelim5@tohosomnia.net
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[NEWS] 091124 SM Entertainment Against 632 Fans

The 632 fans of TVXQ, Super Junior, SNSD, and SHINee are in process of filing application of collective disputes against SM Entertainment-Dream Maker for the cancellation of the planned August 16th SM TOWN LIVE ‘09, demanding compensation for property and mental damages.

Korea Consumer Agency (KCA)’s Consumer Dispute Resolution Committee on last 23rd was asked by applicants related to the case of unilaterally cancellation of “SM TOWN LIVE ‘09″ as they demanded property and mental compensation which follows in collective dispute resolution procedure process on the 24th.

Dispute Resolution Committee initiated this collective dispute resolution procedures, and the committee will receive registration from other victims of this issue to have the same batch remedies from November 25th until December 9th.

Consumers that are willing to apply can log in to Korea Consumer Agency website (www.kca.go.kr) – consultation area (상담 마당) – dispute resolution group (집단분쟁조정), ones need to apply in order to join the collective resolution remedies.

Applicants must be ones who purchased Dream Maker Entercom’s “SM TOWN LIVE ‘09″ through domain auction and in case the applicant is a minor (a person who is under the age), the minor’s parents must apply for the participation as legal representative on the minor’s behalf.

The presentation of this case is about the past contractor’s act of concert postponed or canceled unilaterally therefore asking for liability to refund for any damages had been occurred.

source: eto.co.kr
trans: sharingyoochun@wordpress
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[TRANS] 091124 Selling Tickets Without Government’s Permission, TVXQ Fans Are Complaining

TVXQ fans has filed a complaint to SM (CEO Kim Young-min) to relevant department about the starting of ticket sales of Shenzhen concert scheduled on last November 21st before getting any permission from China government.

On last November 16th a complaint file entitled “SM Entertainment ignores China’s Administrative Procedure-A concern to China Cultural Exchange Inhibition” was received by Department of Culture, Sports, and Tourism from TVXQ fansite DNBN.

“According to the complaint filed in homepage of Department of Cultural Affairs, the official approval for TVXQ concert that was supposedly held in Shenzhen, Guangdong province, China was out on October 28th, however the ticket sales was already accomplished at the end of September, eventually SM had sold concert tickets without any permission from the Chinese government.” the fansite pointed out their complaints.

“Eventhough now there’s a ticket refund for the audiences that are supposed to go to the concert hall, however it’s still not considered transportation costs, visa fee to enter China for especially foreign audiences including the opportunity costs damage everyone has suffered.”

In particular they continued, “SM ignored the administrative procedure as they announced the concert to public in the process of China’s approval. This unreasonable South Korea Entertainment ticket sales could leads to national image damage as the Chinese government would think other South Korea singers may do the same act of holding concert before getting any permission.”

“Usually SM artists’ concert is held at least 4-6 months after gaining the permission, thus this process of Shenzhen concert is definitely unreasonable.”

Towards this accusation, SM official responded on the 24th to Star Money Today, “TVXQ’s 3rd Asia Concert in Shenzhen is their 12th stops which was planned already when the contract with Dream Maker was signed back then in July 2008. Under the agreement, all aspects that are related to the concert including ticket sales and permission approval from local government are obliged to Dream Maker.” he said.

“Therefore, the claim of selling of TVXQ concert in Shenzhen ticket without any permission from Chinese government shall not be directed to SM.” he strongly refuted. “We also had contacted Dream Maker earlier about the plan to conduct the last November 21st-scheduled TVXQ Asian Tour in Shenzhen and they confirmed that there’s no problem at all in ticket sales and any related legal procedures.”

Dream Maker, in other side, explained, “For this last stop of concert in China, the Ministry of Culture of RRC autorizhed TVXQ’s concert in last October 21st. ‘The content of Korean TVXQ Guangdong (Shenzhen) concert agreement is ratified by the Ministry of Culture [2009] No. 2146′”

SM said, “(related to fans’ complaint) the permission approved by the Cultural Affairs of Guangdong Province issued on October 28th was unrelated to the ticket sales permission, it’s merely about visas for foreign artists which will perform and relevant documents and information submission.” he also added, “Because the cancelation of concert in Shenzhen, we’re now in the situation where have to pay for the damages. As we already sold the tickets, canceling a concert is definitely not our intention. In the future we hope there’s no more false claim like this being refrained.”

source: ohmynews + star-mts
um trans: sharingyoochun@wordpress
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[TRANS] The Unfortunate Story Behind Mnet and SMEnt

Last night’s MAMA, hosted by Mnet, was certainly a feast for numerous Kpop fans out there. However, as enjoyable as it was, the event was (and still is) swamped with layers of controversy, with SM Entertainment’s boycott being the eye of the storm. Mnet and SME appear to be mortal enemies, but many still remember the fact that they used to be very friendly with each other. Exactly what made them become such bitter adversaries? Let’s examine the dispute between Mnet and SME.

What exactly is Mnet?

Mnet is a media company owned by CJ Media which focuses on music, media, entertainment and web content business. CJ Media is a part of CJ, a South Korean conglomerate that is one of the top five largest companies in the country. Mnet is involved in pretty much every aspect of the entertainment industry, ranging from album production, distribution, sales, management, television broadcasting, online media and many other businesses. With these expansion, Mnet has become a giant in music industry, with market share of 44% in album sales and over 20% in online music sales.

Mnet and CJ are also shareholders in major entertainment companies DSP Entertainment and YG Entertainment. Although they own no more than 20% of shares from each company, the fact that CJ is a conglomerate means the aforementioned companies are now affiliates of CJ. Smaller entertainment companies with famous names such as Shinwha, Kim Dong Ryul and Wheesung are “affiliates” of CJ as well. Similarly, 30% of JYP Entertainment is held by SK, another conglomerate that is one of top 5 largest companies in Korea, making JYP a faction with as much support as Mnet has.

How has SME and Mnet’s relationship developed over the years?

Before 2008, SME and Mnet were quite friendly. MKMF, now known as MAMA, featured numerous artists from SME which were given many awards. However, during 2008, Mnet proposed to SME that they would like to be the distributor of music produced by SME; in return, Mnet would receive certain percentage of profit from the sales. Mnet had already been distributing music of JYP, DSP and YG, and with the right to distribute SME’s music they would become undisputed leader in the industry. SME refused the offer as they had the ability to distribute their own music and did not feel the need to pay Mnet for a job that they could do themselves. Mnet undoubtedly held a grudge against SME for obstructing their dominance of the industry, and the friendship ended there.

CJ has also attempted hostile takeover of SME but failed. If they had been successful, CJ would have acquired control of Korean entertainment industry. These facts have not been well-publicized, until recent controversy involving SME and MAMA have brought the public’s attention to the relationship between the two parties. With SNSD’s Gee and MAMA, we have now witnessed the nature of their relationship.

How does MAMA play into this tense relationship between SME and Mnet?

One of the biggest controversies brought on by MAMA was the fact that the three members of TVXQ, Jaejoong, Yoochun and Junsu, made their appearance for acceptance of Best Representative of Asia Award. Although some may argue that SME’s outrage was uncalled for, and that the trio is free to do whatever they want, the choice to make an appearance at an Mnet event was deliberate and could not have been a spontaneous, wanton decision.

So what’s the significance behind TVXQ’s appearance?

Many have suspected that the three members were able to act in such bold manner against SME in recent months because they were being supported by an organization more powerful than SME. With their unabashed appearance at MAMA, it now appears that Mnet and CJ might be the ones that have the three members’ back. It is very possible that CJ and Mnet are backing the three members in order to win their fight against SME for dominance in the industry. If that is so, then TVXQ members have become mere pawns in a battle between two corporations.

SME, a company now known for its oppressive, big-corporate attitude towards its artists, is ironically under attack from one of the largest corporations in Korea. Both companies are profit-motivated organizations that are pursuing whatever action that generates more profit, so there is no good or bad in a situation like this. What is unfortunate, however, is that the artists have become the victims in this corporate power struggle. TVXQ, SNSD, and SHINee are all victims in this dispute between SME and CJ/Mnet; MAMA could merely have been the beginning of penance for these artists.

Source: allkpop.com
Translation: delacroix@allkpop.com
Credits: OneTVXQ.com
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[TRANS] Shenzhen Tickets Were Sold Before SM Attained Government Permit

The Chinese government performance permit was signed and issued on October 28th, 2009, while SM started selling the tickets for the performance in September after the provisional disposition was filed, which means they started selling the tickets before obtaining the Chinese government permit.

In the following picture are two permit. The first one is obtained on October 28th for the Shenzhen concert, it was then updated on November 3rd. The second half is the permit for the Bejing concert. For both, the dates the permits were attained have been underlined.

So basically, SM began selling the tickets before they were certain whether the concert will happen or not. Even though SM specifically said they knew about all the stops in June 2008 for the tour, there’s no way they could have been certain of this particular concert until October 28th of this year.

Credit: RockJJ
Trans+shared by: sharingyoochun@wordpress
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