Forum - View topicNEWS: Anime BitTorrent Users Reportedly Sent Notices by ISPs
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Mohawk52
 Posts: 8202 Location: England, UK |
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Just ignore it all and wait till they kick down your door some early morning, meanwhile it's business as usual, yeah?
I know, lets show them you won't put up with it by not buying any of the titles you have DLed. Oh the pain! the pain! What are the odds this gets locked before page 5? |
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Richard J.
 Posts: 3367 Location: Sic Semper Tyrannis. |
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Just something I thought I'd throw in on people thinking a judge wouldn't look at something like this. Judges have quite a bit of discretion and can do largely what they want. With the population ever aging, it's not unthinkable that someone from the current fanbase could become a judge in the not too distant future or knows people in the current fanbase right now. The situation with online piracy is getting more serious with time, not less, so start thinking worst case scenarios. Plus, just a friendly bit of advice, if a judge does ever look at these sorts of matters and you happen to be involved. Don't annoy the judge. They can crush you like a bug, legally speaking. They can, with complete legality, throw you in jail just for smarting off to them. |
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Yoda117
Posts: 406 |
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Probably, but actually so long as they own the license they do have the right to damages based on existing international conventions and US laws. So while they probably won't, they most definitely can.
Oh yeah, this'll hit 20 pages by tomorrow, but actually the RIAA and MPAA have been able to do it. With Berne, NET, and other regulations proving successful in the past, it's very likely that they could get it if they put forth a good argument and effort. But I do agree that the cost for them to "send a message" is exorbanantly high, especially if they do it through an intermediary.
The statement doesn't have to be public you know. That said, you're absolutely correct that if they don't have the license, and aren't authorized by the license holder(s), then this is merely a SLAPP tactic. Last edited by Yoda117 on Mon Nov 19, 2007 12:39 pm; edited 1 time in total |
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Calculusman
 Posts: 309 Location: Virginia |
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And then you wonder why they feel like they need to start going after people downloading fansubs. Gee, maybe because some people are too damn cheap to actually buy shows that they like, so the companies aren't getting jack from you watching it? The only reason why this is an issue is because people like you who don't buy the DVDs of shows you like, depriving the companies to make it money. |
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rankothefiremage
 Posts: 523 Location: Michigan |
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i was being sarcastic, doesn't translate to well in text alone |
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britannicamoore
 Posts: 2618 Location: Out. |
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That's so annoying. When a lot of people are telling you the buy the titles they download you still throw it in their face. I can somewhat undertsnd you reserving that talk for those who buy none at all. (In certain circumtances) A big chunk of anime viewers (non-mainstrea, mainstream alike) watch fansubs. They also buy dvds. Not all but a lot. If they stopped buying in protest...well. You get the idea. (That isn't just about this thread, but many many many others in the past) I'm sure Zac is watching this thread like a hawk.
To me it sounds like rank was saying he needed to do just that: prove he doesn't just watch downloads. If I missed something... In short: Get rid of Comcast. They aren't the best highspeed cable service provider. |
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DigimonTamer
Posts: 43 |
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This news does seem troubling and I would be more than happy to stop downloading fansubs completely if the industry got it's act together.
1. Anime DVDs are too expensive 2. It takes forever for series to finally arrive on US shores (Ouran Host Club still isn't over here despite airing almost 2 years ago) 3. It isn't a bright spot on the industry when major players who are releasing a lot of shows that I have devoted time and money too disappear over night (Geneon) Nobody devotes their life to their hobby quite like anime fans do. Anime is very fan dependent and since I still think fansubs do a lot more good than they do harm (I wouldn't own nearly half the dvds I own if it wasn't for watching fansubs and hearing other peoples opinions of fansubs, and I know there are a lot of people like me) this seems to be a totally unnecessary and will just serve to anger the fans. If you anger the fans in an industry as fan dependent as anime, you are in trouble. If these evil companies do manage to shut down fansubbing then I certainly won't be buying DVDs (I am an avid fansub watcher who also owns over 400 DVDs) and I would hope others do the same. Let's see how evil they think fansubbing is when everybody who has ever downloaded a fansub never buys a DVD again. With how connected anime fans are to each other a boycott like this could be possible. Oh well, we will see how it plays out. |
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Dr Grant Swinger
 Posts: 41 |
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All Comcast cares about is bandwidth usage. Linux distros, Hollywood movies, anime; it's all the same to them. If you get one of those notices it's because the copyright holder or their agent sent them a notification. Hollywood and the music industry has been using companies to patrol the net looking for illegal activity but I haven't heard anything about the Japanese using their services. These guys are not cheap to use anyway. Since Odex seems to be behind this I wonder if they're just taking random potshots at the American fansubbing scene. Going after downloaders like this has to be the least efficient way to put a crimp on fansubbing. |
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calawain
Posts: 192 Location: New York, NY |
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I would dispute that they have the right to sue in US courts based on them holding the rights to distribute in Singapore. The only parties than can sue in US courts are the original copyright holders or licensed distributors (Funi, ADV, etc.) and their legal agents. Aside from that hump, the cost to Odex to litigate a case in the US would be too much for them. And it would be next to impossible for them to get a judgment of a Singapore court enforced here.
Mmmm if recent litigation gives any indication, the RIAA is finding it harder and harder to get this information released, and I'm not sure they could get it through without high costs involved. So even assuming they can steer the rulings back toward allowances, the cost to Odex of pursuing such a claim in US court is beyond their financial resources. |
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Calculusman
Posts: 309 Location: Virginia |
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While I'll probably still by the DVDs - I'll rent them over things like Netflix first - I'll certainly take longer to buy the series, and will mostly likely buy the (cheaper) box sets than buying the series disc-by-disc (i.e., they lose money) |
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Mohawk52
Posts: 8202 Location: England, UK |
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britannicamoore
Posts: 2618 Location: Out. |
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Being so paranoid is going to give you grey hair faster. 
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naruto fan 09812
 Posts: 499 |
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You know what is really annoying about this debate. For people who repeatedly use the excuse that anime DVDs are too high to defend their use of fansubs. Come on people have you ever heard of Netflick,used DVDs shops and even ebay. If not that anime DVDs are too high is that people want to justified their use of only using fansubs.
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la_contessa
Posts: 200 Location: Pennsylvania |
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If Comcast gets a notice from a copyright holder, it HAS to act promptly and thoroughly or risk being held contributorily liable for the infringement. It would be interesting to see who is behind this, but the counter notification provision in the DMCA requires the owner to file in federal court to uphold the removal of the material, and it's not worth getting in actual legal trouble on the chance it's a legit NA licensee (I wonder, in the event of an unlicensed property, whether a Japanese company could get standing based on the fact it may license to NA companies in the future? Very interesting legal question right there).
At any rate, whoever is filing the contract/advertising dispute against Comcast has a very interesting idea. I'll have to follow that. I doubt the court would hold Comcast to its "promise" to allow illegal uses, but if it promised access to legal uses and failed to deliver, that's a lot more interesting. (I'm not an attorney yet, you can't take anything I say as advice). |
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Calculusman
Posts: 309 Location: Virginia |
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A very good point, and I think I've brought up using Netflix numerous times on here for that very reason. Of course, that doesn't really apply to anime series that aren't licensed, but for those that are...yeah. I have bought many a series off of ebay. The problem with ebay now is that probably 3/4 of the stuff on there is bootlegged, especially if you're looking for a box set, and many of the regular sellers aren't really selling for less than what you can get on sites like rightstuf.com necessarily. But your point is still taken. |
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