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SME's lawsuit against Tao dismissed in China + SME responds

By elliefilet   Wednesday, December 14, 2016   118,986   10,291   373



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On December 14, Chinese media outlets reported SM Entertainment's ongoing lawsuit against Tao of EXO fame had been dismissed by courts in China. 

SEE ALSO: EXO send out an invitation to fans for 'EXO PLANET #4 The EℓyXiOn'

Reports stated the agency's suit against Tao for infringing on his exclusive contract failed. SM Entertainment stated, "The lawsuit in question is one of many ongoing lawsuits in China. As it's due to a translation issue, we plan to appeal immediately. This is unrelated to the lawsuit filed in South Korea. All the lawsuits related to Tao are still ongoing."

Tao's side came forward to say Chinese courts concluded he has the rights to his own name and portrait, and the courts do not recognize the exclusive contract with SME.

Stay tuned for updates.

  1. EXO
  2. Tao

scarletfbl Thursday, December 15, 2016

I don't think that SME's chances of winning were good anyway, what with the tensions between China and S. Korea.

BigBlueagain scarletfbl Thursday, December 15, 2016

This is standard for the Chinese legal system. Right or wrong, if a Chinese citizen sues or is sued by a foreigner in China, they always rule in favor of the native.

Kminyoungiee BigBlueagain Thursday, December 15, 2016

True and didn't SM win the lawsuit in Korea??

BigBlueagain Kminyoungiee Friday, December 16, 2016

One of them. The rest are still pending.

Syrineft Kminyoungiee Saturday, December 24, 2016

that's something not related to the contract and that sm basically won some pocket money with, the purpose of it? ruining Tao's image lol. but as you can see he's becoming more and more loved so it was rather a failure for sm.

Kminyoungiee Syrineft Saturday, December 24, 2016

To anyone who submits a lawsuit, ruining your image is bound to happen. As we see this year even the innocent loses face of their "image". You and I aren't SM nor Tao so we can't say much about the situation. Money is loved by everyone and both parties are still doing well without each other. I think this a story that needs to end along with 2016.

hyukki Thursday, December 15, 2016

To many people who may have been upset by my comments:- If I made you upset or feel uncomfortable, I apologize- I am not a racist! How can I be a racist towards my fellow Asians? It is ridiculous!- I do not necessarily blame these kids, although they are adults who have absolutely made their own decision. Rather, I blame their Chinese agencies who probably have lured and sweet-talked these kids into betraying SM. In the process I am sure they bad-mouthed Kpop industry.- I ask you this: Why do Chinese do this? Why are they so shamelessly notorious when it comes to stealing others' ideas? Chinese are smart and hard-working people. Heck they send rockets to the moon. They have invented so many things in the past I can't even name them.   I always thought Chinese are proud and ingenious people. But what I am witnessing makes me feel ashamed for my Chinese brothers and sisters. I have Chinese friends. - I understand that they have experienced through tough training and have gone through crazy schedules (Kpop industry needs to change) but I do not believe for a moment that they are the only ones who have gone through them. Their Korean band-mates have gone through the same.- I believe in loyalty and so should they. These kids were nobody until SM made them somebody. But now they are acting like: "You only used me from the beginning. And what have you ever done for me?" It is WRONG!

shyloone hyukki Thursday, December 15, 2016

yes Sm helped promote them, but seriously fact is they were going nowhere in EXO, apart from Luhan other than Kris being the hottest member, Tao was pretty nobody but a acrobat he wasnt than noticable being part of EXo, now look at Kris an Tao and Luhan they are getting recongnized world wide, they are all doing their own stuff acting, solos you name it, they would even be doing none of this stuff being part of EXO

BTSaranghae shyloone Thursday, December 15, 2016

I don't think SM helped them is the right term because SM is the company that trained them and made them debut and it was their choice to go there as well because they want to be an artist. They should have just stayed in china and worked hard there to become an artist. Also SM has it's fault too because I SM kind of always overwork their Idols and the pay is low?? But that what leads other SM artist to leave the label like JYJ, Some Suju members and Kris.

BigBlueagain shyloone Thursday, December 15, 2016

You're missing the point. The fact that they are doing this NOW is in violation of the contract they signed. They're stealing. SM provided what was expected of them by the contract and these... people then ripped them off by violating their contracts.

pink_oracle BigBlueagain Thursday, December 15, 2016

It was an unfair contract. If it had gone to court in yours and my countries it would have been nullified.

BigBlueagain pink_oracle Thursday, December 15, 2016

Then it should have gone to court. A man keeps his word. A coward runs from it.

pink_oracle BigBlueagain Thursday, December 15, 2016

In SK the courts would have been bias towards in SM, in China the courts were bias towards Tao, is there an international court for them to take this to?

BigBlueagain pink_oracle Thursday, December 15, 2016

He signed the contract. SM met their requirements. He did not. It really is that simple.

pink_oracle BigBlueagain Thursday, December 15, 2016

You know that's bullshit. If someone signs an unreasonable contract it gets thrown out. If someone is tricked or forced into singing a contract it gets thrown out. Think about sex contracts, completely torn to shreds in any western court of law.

BigBlueagain pink_oracle Thursday, December 15, 2016

Ok I'll play along. What part of his contract, specifically, was "unreasonable" and how was he "tricked" into signing.

BigBlueagain pink_oracle Thursday, December 15, 2016

... well?

shyloone BigBlueagain Friday, December 16, 2016

and, they obviously felt like they were getting ripped being nobodies in a group they obviously didnt want to be in,

shyloone BigBlueagain Friday, December 16, 2016

the part that was unreasonable was how they had 1 sec parts in Exo, an maybe lucky to have that, Do you think SM would have given Luhan , Kris or Tao Solos or would they even got to be on any dramas, Highly unlikely if they were to stay with Sm, but yes a contract is a contract, an greed will prevale, especially when someone is raking in the money now, they will want their share of fortune, but owell what to do

BigBlueagain shyloone Friday, December 16, 2016

Then they never should have signed the contract.

BigBlueagain shyloone Friday, December 16, 2016

That is NOT unreasonable. They signed the contract and agreed to it. SM delivered what they said they would. These little boys wanted more and were dishonest enough to steal what SM was due to do it. Continuing to support them after that is supporting what they did. It's saying that you think that lying and stealing are alright. Yes, I'm talking about you specifically and everyone else in general. By supporting him you're saying what he did is ok, that lying and stealing are ok.

pink_oracle BigBlueagain Friday, December 16, 2016

Sorry I didn't get back to you right away, I'm in the process of moving house. I didn't say this contract was unreasonable or he was tricked, we'd moved onto contracts in general. Although I do think it's highly likely SM do not disclose to their idols what their loans will be charged at and what interest they'll be paying. Which in my books makes every single SM contract dishonest and trashable. And I also think it's highly unethical to sign teenagers to ten year contracts. Teenagers do not have the knowledge or experience to plan out their lives that far ahead, they don't even really know who they really are. Heck, most enlistment contracts won't exceed 4 months.

BigBlueagain pink_oracle Friday, December 16, 2016

The contracts don't cover loans. That's on a case by case basis with the individual taking out the loan and is secured by future revenues. When he breached his contract, he negated the security of the loan and it came due then. That's standard for any loan pretty much anywhere. As for their contracts? Article 1 states the purpose. 2 states the duration very clearly. 3 states EXACTLY what rights the artist gives to the company. 4 states the company has the right to delegate to other companies (foreign). 5, 6, & cover rights and responsibilities of the company and the artist. 9 & 10 cover profit sharing and distribution. 11 says VERY clearly what happens if the contract is broken and 12 states that disagreements need to be resolved by mutual agreement as stated by the law. There really isn't anything ambiguous in it. It's all laid out.

pink_oracle BigBlueagain Monday, December 19, 2016

Even a contract the clearly sets out how bullshit it is is still bullshit.

BigBlueagain pink_oracle Monday, December 19, 2016

Problem is that the contract doesn't state anything that would be "bullshit". It states very clearly what is expect from both parties. SM met their end of it. Those boys did not.

pink_oracle BigBlueagain Monday, December 19, 2016

Sometimes terms and conditions seems fair until you're actually experiencing them. Or when you're young and naive. Maybe there was a language barrier flub. All I know for certain is they weren't happy and fulfilled under SM but now they are. That tells me something.

BigBlueagain pink_oracle Monday, December 19, 2016

That they are selfish assholes who will throw you under the bus as soon and they get theirs and fuck everyone else? Yeah, I saw that as well.

DuniaWu hyukki Tuesday, December 20, 2016

By now if they don't know by now that SM isn't an easy thing they must be dumb! THEY wanted to be in SM and make it big, but THEY didn't wan't to have it hard, that's not how it works if they know they can't do it they shouldn't! I personally loves Kris Tao and LuHan a little more than the others but yet I don't think they should have lefted, or try auditioning to SM! I really love SM because SM shows that if you dream is to be a singer /dance/actor/rapper and that's the only think you wan't you should fight for it with your life! - That's exactly why I still fight this life! Don't come if hate please, this is just what * I * think Me and not what I tell you should think so DO NOT MISUNDERSTAND!! <3 Sorry for broken english, english isn't my native language

DuniaWu Tuesday, December 20, 2016

Dont come with***

shyloone BigBlueagain Tuesday, December 20, 2016

The fact is who really knew that Tao, Kris, and Luhan were actually more talented than we thought, and no one would have known this if they never left the company that never showed their true talent,Kris was only a mere model in the group, just there to look good, and Tao was their just to do some martial arts or what ever, not many knew the talent that was hidden from us from SM,until they finally got the courage to stand up and leave, a place they obviously thought would do well for them but didnt, now the contract i bet didnt stand up to everything they were expecting either, look at JYJ for example ..they should been treated like KINGS biggest money makers when under TVXQ for that company and what did they do to them ha

BigBlueagain shyloone Tuesday, December 20, 2016

You people keep missing the point. They signed the contract. BOTH sides agreed to the terms IN that contract. SM kept their part. Kris, Luhan and Tao did not. It really is just that simple. What they want, what they thought they deserved, none of that figures into it. This is the real world. You make a legally binding contract then you should be bound by it. Period. End of discussion. IF you don't like the terms, don't sign.

pink_oracle BigBlueagain Tuesday, December 20, 2016

You're not even trying to take this seriously now. You know damn well thousands of contracts are taken to court to be dissolved all over the world on a daily basis. Some are unfair, some don't work out. You mean to tell me that women who fall pregnant after signing contracts are legally obliged to have abortions to meet their commitments? Or People who are diagnosed with cancer can be sued by their bosses for not completing theirs? Contracts aren't written on stone and signed in blood, this isn't hell. And you made it quite clear in your last response to me that this is purely an emotive issue for you. My attempts at logic can't stand up against your raging SM boner it seems.

BigBlueagain pink_oracle Tuesday, December 20, 2016

None of that applies for this. They took what SM had to offer and then left before fulfilling their part of the contract. It's that simple.

pink_oracle BigBlueagain Tuesday, December 20, 2016

shyloone BigBlueagain Wednesday, December 21, 2016

Your missing the point contracts can be broken and some people actually win cases, when they find the contract they actually signed didnt abide by all what was offered, well im assuming, but just like your assuming too aint you because unless you seen what was on the contract, then you really dont know what it was they signed, and dont forget some of these idols are just young when they actually sign these contracts

BigBlueagain shyloone Wednesday, December 21, 2016

I have and I outlined what was in it, by article, in the posts above. SM met their obligations under the contract, The boys did not. It really is that simple.

BigBlueagain Thursday, December 15, 2016

"... and the (Chinese) courts do not recognize the exclusive contract with SME." This is why you don't do business in China. Their "law" allows Chinese to steal from everyone else in the world. The government even encourages it.

hashtagged BigBlueagain Thursday, December 15, 2016

we do not talk about aa obejct but rather about a human being, you know that right?

BigBlueagain hashtagged Thursday, December 15, 2016

A human being who signed a contract with a company that fulfilled their part in good faith. A human being who, once he got what he wanted from said contract, went back on his word and invented incidents so that the Chinese courts would do what they always do... enable their citizens to steal from everyone else.

BigBlueagain hashtagged Thursday, December 15, 2016

Truth hurts doesn't it? Downvote me all you want, doesn't change the fact that I'm right and you know it.

hashtagged BigBlueagain Thursday, December 15, 2016

one stupid decision doesn't justify a SLAVE life... That's it!

BigBlueagain hashtagged Thursday, December 15, 2016

It's not a "slave" life. It's called work. SM agreed to provide certain services and the people who sign these contracts agree to accept those services for a set amount of time. IF they bug out on the contract they are going against their word, they are lying. And if they have already received the services promised, they are stealing monies due the company. Why is integrity such a foreign concept to you?

hashtagged BigBlueagain Thursday, December 15, 2016

it just shows how much low of a HUMAN BEING you are... and no you are not right. He worked all his life in inhumane conditions. We are not talking about a simple office job with a 8 hour shift. Beside of the business aspect, regard the person geeez

BigBlueagain hashtagged Thursday, December 15, 2016

You want me to reguard the person? Fine. A liar, a thief. Immoral and not to be trusted. THAT is what you are defending. Sorry, but oppa being cute doesn't cut it. A man keeps his word. A coward runs from it.

hashtagged BigBlueagain Thursday, December 15, 2016

lol I am not even an EXO fan whatsover... so that oppa argument doesn't work haha

BigBlueagain hashtagged Thursday, December 15, 2016

Evidently it does. He is in breach of contract. Period. That's the truth of the matter, that is the fact of the matter. He got his from SM and then cheated them out of what he agreed to.

Syrineft BigBlueagain Sunday, December 18, 2016

you know I will just say one thing: I hope your boss makes you go through all what Tao had gone through from injuries to work just after a surgery and let's see if you still will be talking about "work". Normally what I said is really bad and I shouldn't say it but I couldn't refrain after reading all the names you have called Tao with :) If you don't know anything from what he has endured, don't spread false info. When you are about to lose your foot and your whole career with, try to convince me how a contract would justify that :) no running. you're not a coward huh?

BigBlueagain Syrineft Sunday, December 18, 2016

I'm the boss, I'm in a chair. And no, you shouldn't speak when you don't know shit. And any contract that is legally binding would "justify" that. Any other ways you'd like to make a fool of yourself or are you just going to downvote everything I post like an obsessive stalker?

DuniaWu hashtagged Tuesday, December 20, 2016

A SLAVE life is a little too much! There lifes isn't SLAVE life,

shyloone BigBlueagain Wednesday, December 21, 2016

do you even realise the only reason SM are doing this is about money money money aint it, if Tao wouldnt be doing anything , making money in another country, i bet SM wouldnt even bother with Him, end of story really

Syrineft BigBlueagain Saturday, December 24, 2016

somehow I feel sorry for those who work with you, if you're really a boss lol. And no one said SM's contracts are legal, have you seen them? no. so don't speak as if you knew everything. :) and I still think you're talking without knowing anything about what Tao had gone through, so keep your advises for yourself. (see? you've downvoted me too so we're equal lol)

BigBlueagain shyloone Saturday, December 24, 2016

FINALLY. Yes, it is all about money. That's why contracts are made so that people don't get screwed over like Tao did to SME.

BigBlueagain Syrineft Saturday, December 24, 2016

Yes, I have seen them. Originals and translations and in another comment outlined the articles in them. I don't CARE what he said he went through. He got everything from SM that was promised and then screwed them over. Period. But please, by all means keep posting and proving your intentional ignorance aka stupidity.

karakamilia Wednesday, December 14, 2016

Unlike Korea (Koreans), China (Chinese) are actually loyal and nice with good souls and don't cause scandals or attack one another. China (Chinese) actually supports one another. Stay strong China ! And thank you for always loving T-ARA, After School, Tao, SECRET, 9MUSES when no one in the world did, especially their own kind didn't. THANKS w/ so much LOVE !

Kminyoungiee karakamilia Thursday, December 15, 2016

Goodbye point but China is still discussing weather the want to ban kpop from china soo......

karakamilia Kminyoungiee Thursday, December 15, 2016

*Good point. And that is true but can you blame them ? Every time a Chinese member of a KPOP group do something small or does nothing wrong these Korean companies drags their problems over there, making it worst etc.

kpopfandom2 Wednesday, December 14, 2016

Suck it up SM. Kris, Luhan, and Tao all made good decisions

most_like Wednesday, December 14, 2016

China protects Chinese. Tao made good decision. FUCK SM

melon Wednesday, December 14, 2016

Well it's his own name and own face how do u Copyright that away from him?

shyloone melon Sunday, December 25, 2016

tell that to SM they think once you sign a contract you even sign your name away lol, i know stupid aye

melon shyloone Monday, December 26, 2016

LoL IKR it's like your name and your face belong to us. I can totally understand if they stop him singing exo song or mentioning exo. They can totally sure if he does but come on face and name?????

melon Monday, December 26, 2016

Sue not sure*

Tzuyu_4yu Wednesday, December 14, 2016

Because this has been going on for far too long, it only makes me think 'why doesn't Tao just leave'? He's got so much more to him than just being in SM, in fact I bet there are tons of other companies who'd want to sign him on the spot. Poor baby. smh.

injungim Tzuyu_4yu Wednesday, December 14, 2016

he's leaving, it's just SM isn't kindhearted enough to let him go without making a fuss abt penalty

lolhaha Tzuyu_4yu Wednesday, December 14, 2016

Well he signed an exclusive contract along with EXO for 15 yrs, he has to honor that. SME spent millions training him and other trainees, they want a return on their investment so it makes sense. Tao is just trying to leave without paying his dues and take the easy way out of debt by having China protect him, so far its working. But I believe he already lost this court case along with Luhan because SME gets a portion of all his activities until like 2025.

karakamilia lolhaha Wednesday, December 14, 2016

LOL if you're actually trying to make SM sound like the good guy then you have not been around KPOP that long. Clearly.

Bunicutzika lolhaha Thursday, December 15, 2016

15 YEARS? Isn't it a SLAVERY contrac? Isn't it not legal per SK laws, after JYJ? Btw only for activities in SK and Japan.

shyloone lolhaha Sunday, December 25, 2016

The point is what kind of contract is 15 years of your life, who do people think they are to offer such long contracts, and because they are still really young when they sign , they dont actually realize they just have signed over pretty much of their life, seriously smething should be done about these long contracts in the first place greedy people

nrd1990 Wednesday, December 14, 2016

Omg is this still going on? Just let him go fuck sake he isn't in EXO anymore, why are they keeping a hold over him? I'm not even a fan, but this is ridiculous.

shyloone nrd1990 Sunday, December 25, 2016

because Tao is making shit loads of money in China, and SM want a piece of it, wait they pretty much want most of it,

cnrrnj Wednesday, December 14, 2016

I think, One of the reasons that popular korea wave in Asia...The height is higher and large body~18 years~28 years Man, Average heightS, KOREA - 5 feet 9inch (176cm), CHINA - 5 feet 2 (165cm), JAPAN - 5 feet 4.5inch (165.5cm), Thailand,Vietnam Etc. Southeast Asia - 5 feet 2.5 inch (159.5cm)

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