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NEWS: 11 Arrested in Japan for Uploading via Share Program


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vashfanatic



Joined: 16 Jun 2005
Posts: 3492
Location: Back stateside
PostPosted: Mon Nov 30, 2009 1:18 pm Reply with quote
Well, let's see...they illegally uploaded and distributed copyrighted material that is legally and easily available in their own country (albeit expensive to actually purchase) and are getting in trouble for it.

Makes sense to me.

I've always felt that uploaders should be held more responsible than downloaders. A downloader is limited by what is available to download. An uploader is the one who makes the content available. The uploader is the enabler. If you don't give them anything to download, then there are no downloaders.
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writerpatrick



Joined: 29 Mar 2006
Posts: 673
Location: Canada
PostPosted: Mon Nov 30, 2009 1:31 pm Reply with quote
This is the way the laws should be implemented. Get rid of the upload problem and the download problem will resolve itself.

I don't like the idea of implementing a law against downloading--it's only going to wind up trapping the wrong people and scare people away from downloading anything even if it's legal.

I have to wonder if the timing of this has anything to do with the Mininova shakeup. Although it could be co-incidence.
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Axaul Conners



Joined: 31 Mar 2007
Posts: 12
PostPosted: Mon Nov 30, 2009 2:01 pm Reply with quote
Dargonxtc wrote:
... we really can't feel sorry for these guys. Though I am sure some will anyway, in their own self righteous smug nasally na-na sort of way.


Oh, Boo-hoo for them. Fortunately I'm of the type who WON'T feel sorry for these uploaders. It's usually the case that when people are caught for "petty" crime, that they will always say something like "There are all these drug dealers and muderers out there. Surely what they're doing is not worth the attention of police." Well if they've got an entire section of law enforement dedicated to cracking down on piracy, then the issue is a lot bigger than you would think.

I applaud Japan for taking the initiative to combat internet piracy. And doucebag fanboys/girls should stop crying foul when people get caught and prosecuted in the process.
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egoist



Joined: 20 Jun 2008
Posts: 7762
PostPosted: Mon Nov 30, 2009 3:05 pm Reply with quote
Axaul Conners wrote:
And doucebag fanboys/girls should stop crying foul when people get caught and prosecuted in the process.

And who's crying here?
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Kit-Tsukasa



Joined: 16 Mar 2006
Posts: 930
PostPosted: Mon Nov 30, 2009 3:16 pm Reply with quote
Pandadice wrote:

^this
As far as I'm concerned, I don't think passing this law will do any good. In fact, not only will people find ways around it, but also it may actually result in more people doing so to show that it impossible to ban such downloading.
The alternative is that this bill could hurt their economy further in the sense that people will be less willing to buy stuff they've never heard of or let alone know about. Many people in Japan are collectors....collectors want to know specifically what they are buying before they buy it. Banning downloads results in not knowing what they're getting, and so sales may decline.
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Katane



Joined: 13 Nov 2008
Posts: 131
Location: Chicago, Illinois
PostPosted: Mon Nov 30, 2009 3:41 pm Reply with quote
1. 40-year-old male company employee from Sapporo (Ranma ½ television series)
2. 23-year-old unemployed male from Toride (Dragon Quest IX: Hoshizora no Mamoribito)
3. 47-year-old male company employee from Nagano (8 musical tracks from Victor Entertainment, SME Records, Sony Music Records, Avex Entertainment)
4. 23-year-old male company contract employee from Sayama (music from Ai Otsuka and Kobukuro, Back to the Future Part III, Death Note, Death Note: The Last Name, others)
5. 37-year-old male local government employee from Tsu (Mobile Suit Gundam 00)
6. 44-year-old male company employee from Jōyō (Lorelei)
7. 37-year-old self-employed male from Yokohama (Wii Music, Wii Sports Resort)
8. 57-year-old unemployed male from Komatsushima (unspecified television anime)
9. 40-year-old unemployed male from Okayama (Dragon Ball Kai, Fresh Precure!, Fullmetal Alchemist)
10. 30-year-old male game center employee from Chikugo (unspecified anime)


This just further proves that stupidity has no age limit. Now how much in fines will they have to pay in fines is what I wanna know and how much jail time are they looking at. I guess we'll see sometime down in the future.
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mike.motaku



Joined: 22 Feb 2006
Posts: 160
Location: Indiana
PostPosted: Mon Nov 30, 2009 3:47 pm Reply with quote
A crime is a crime is a crime. Should the rule of law only be applied to those the self-proclaimed lords of the interweb deem worthy? Yeah, good luck with that.
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bayoab



Joined: 06 Oct 2004
Posts: 831
PostPosted: Mon Nov 30, 2009 3:47 pm Reply with quote
Katane wrote:
Now how much in fines will they have to pay in fines is what I wanna know and how much jail time are they looking at. I guess we'll see sometime down in the future.
The previous share arrests resulted in 3 year suspended sentences for 18 month jail terms and no fine. (i.e. 3 years of probation)
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egoist



Joined: 20 Jun 2008
Posts: 7762
PostPosted: Mon Nov 30, 2009 3:50 pm Reply with quote
mike.motaku wrote:
A crime is a crime is a crime. Should the rule of law only be applied to those the self-proclaimed lords of the interweb deem worthy? Yeah, good luck with that.

Who are you talking to anyway? Nobody said they shouldn't be punished, they just said the sentences shouldn't be too heavy for such a light crime.
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edzieba



Joined: 13 Dec 2006
Posts: 704
PostPosted: Mon Nov 30, 2009 4:09 pm Reply with quote
Quote:
Since security researchers also found flaws in Share in 2006, other successor applications are being developed.
If by "being developed" you mean "Everyone with two neurons to rub together switched over to Perfect Dark a year or so ago".

Ah, I wonder how the odd notion of 'Intellectual Property' has managed to survive 100 years. It may be on it's last legs, but it's death throes sure are inconvenient.
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vashfanatic



Joined: 16 Jun 2005
Posts: 3492
Location: Back stateside
PostPosted: Mon Nov 30, 2009 4:28 pm Reply with quote
Kit-Tsukasa wrote:
The alternative is that this bill could hurt their economy further in the sense that people will be less willing to buy stuff they've never heard of or let alone know about. Many people in Japan are collectors....collectors want to know specifically what they are buying before they buy it. Banning downloads results in not knowing what they're getting, and so sales may decline.


Gasp! You're right, doing this might requires people to.... leave their homes and go to rental stores! Or meet people with like interests to exchange collections! Dear gods, we can't have that!

Also, Pandadice? Using the image of soldiers erecting a flag on a battlefield as a metaphor for seeding files even when it's illegal? Really? Really?! So what, uploaders are now GIs and the law is Japanese imperial conquest? Seriously? Do you mean to imply that? Do you know how horrifically disrespectful that is? Love of all things holy I hope you meant that sarcastically!

Look, I'm not opposed to downloading fansubs of a product that is unlicensed and unavailable in your own country. While I've cut back myself, there's no other way to see something as awesome as Legend of the Galactic Heroes. But this is like if someone ripped episodes of House or Lost from DVDs and put them online in America (which, yes, I know some people do). This stuff is available for them to rent/share/purchase without hindrance. They don't get the gray-area excuse.

edzieba wrote:
Ah, I wonder how the odd notion of 'Intellectual Property' has managed to survive 100 years. It may be on it's last legs, but it's death throes sure are inconvenient.


The principle behind intellectual property is that you should be paid for creating something so that you can spend all your time creating it, as opposed to doing it on the side. If someone is only writing a book a half-an-hour a day while spending eight hours a day flipping burgers at a MacDonalds, they won't get as much written. Pay them for their what they produce, i.e. the book, and then they can do that full time.

The same goes with television shows, movies, comic books, translation, anything that requires time and effort to create. What you're paying for is their time and effort. I think it's sad that there are people out there who think that unless something is concrete, like a car or food, it doesn't have to be paid for. Said people are usually the same ones who have never come up with anything intellectual that anyone would want to buy and therefore have no idea what they are talking about. You think anime is low-budget and sloppy now? Imagine if all the animators and writers and directors were just doing this for free as a hobby in between salaryman jobs. The reason intellectual property law exists is to keep them fully employed doing what they do best.

That's why it's lasted 100 years. The law will have to adjust for electronic distribution, of course, but that doesn't mean it's a stupid idea. I would tell you it's a brilliant one.
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ConanSan



Joined: 13 Jun 2007
Posts: 1818
PostPosted: Mon Nov 30, 2009 4:43 pm Reply with quote
Personally I have no qualm about copyright.
You know, as long as I can participate in the legal getting of shows. Block people out of the process and they begin to assume things, eypatch things...

But, wow, that bill being passed in July. That really was the skunk's last fart from Asso, wasn't it?
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edzieba



Joined: 13 Dec 2006
Posts: 704
PostPosted: Mon Nov 30, 2009 6:52 pm Reply with quote
vashfanatic wrote:
That's why it's lasted 100 years. The law will have to adjust for electronic distribution, of course, but that doesn't mean it's a stupid idea. I would tell you it's a brilliant one.
Creating art, music, books, etc has occured for thousands of years. Only in the last hundred has there been an organised cartel to regulate (and worryingly, legislate) distribution.
Quote:
Said people are usually the same ones who have never come up with anything intellectual that anyone would want to buy and therefore have no idea what they are talking about.
This is the odd thing. The notion that simply having a good idea is grounds of long periods of payment for that idea. To make a slightly shaky physical object analogy: it is akin to walking up to a car, washing the window, and then demanding payment. The very notion of rendering a service, then legislating a change for it, seems utterly absurd. Unfortunately, it's been this way as long as anyone alive can remember, and very few even consider that it can be otherwise.
Quote:
Imagine if all the animators and writers and directors were just doing this for free as a hobby in between salaryman jobs.
We'd get more beautiful works like Voices of a Distant Star? More work created out of love of creation rather than the intent and expectation to reap a profit? A few excellent shows rather than scads of mediocre ones is definitely a preferable state of affairs.
Quote:
The reason intellectual property law exists is to keep them fully employed doing what they do best.
Interesting that few animators own their own IP (inmost cases studios get a small cut of proceeds from the production comittee, if anything). Or that, as the music industry has demonstrated, that IP law benefits defunct distributors but not the artists themselves.

I recently read a very eloquent description of the problems with assuming thought has an inherent monetary value, but I seem to have misplaced my bookmark. This gives a reasonable introduction in the meantime.
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Cosplaybunny



Joined: 10 Apr 2007
Posts: 224
PostPosted: Mon Nov 30, 2009 7:35 pm Reply with quote
edzieba wrote:
vashfanatic wrote:
That's why it's lasted 100 years. The law will have to adjust for electronic distribution, of course, but that doesn't mean it's a stupid idea. I would tell you it's a brilliant one.
Creating art, music, books, etc has occured for thousands of years. Only in the last hundred has there been an organised cartel to regulate (and worryingly, legislate) distribution.


But for most of those thousands of years, art and literature was funded on a patronage system, where the wealthy, the government, or the church funded its creation. The alternative to having the market fund the creation of art is to place it back in the patronage system. While I personally would love to be able to fund an entire series on my own dime, I don't have that kind of money, and neither to do most people. If you're not intending to give creative control of anime to the Japanese government or Catholic Church, one of the largest sponsors of art in history, how exactly does it get paid for, exactly?

edzieba wrote:
This is the odd thing. The notion that simply having a good idea is grounds of long periods of payment for that idea. To make a slightly shaky physical object analogy: it is akin to walking up to a car, washing the window, and then demanding payment. The very notion of rendering a service, then legislating a change for it, seems utterly absurd. Unfortunately, it's been this way as long as anyone alive can remember, and very few even consider that it can be otherwise.


So, creating an anime or manga series is akin to washing the window of a car without the owner of the car's permission? A mangaka walks up to you on the street, forces you to watch the anime based on his work, and demands money? Really? You are being compelled to download fansubs against your will? This is the best comparison?

edzieba wrote:
We'd get more beautiful works like Voices of a Distant Star? More work created out of love of creation rather than the intent and expectation to reap a profit? A few excellent shows rather than scads of mediocre ones is definitely a preferable state of affairs.


You don't think it's easier to create stuff out of love of creation if you have your food and housing paid for? You feel that all anime needs to be done by amateurs on their computers in their spare time? Furthermore, Makoto Shinkai deserves no money for his labor? All artists are expected to volunteer their labor for otakudom?

edzieba wrote:
Interesting that few animators own their own IP (inmost cases studios get a small cut of proceeds from the production comittee, if anything). Or that, as the music industry has demonstrated, that IP law benefits defunct distributors but not the artists themselves.


I think most people would agree that the actual creative minds behind a production don't get the compensation they deserve. However, what is your solution to this? Provide no money to the creators at all? Patronage model? It's very easy to find problems with the current system, but "it should all be free" is not a solution. I look forward to some constructive ideas on how we get away from the problems of this model to the next one.
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FaytLein



Joined: 21 Jun 2008
Posts: 1260
Location: Williamsburg, VA
PostPosted: Mon Nov 30, 2009 7:46 pm Reply with quote
edzieba wrote:
Creating art, music, books, etc has occured for thousands of years. Only in the last hundred has there been an organised cartel to regulate (and worryingly, legislate) distribution.


Previously, most people were either paid in advance through patronage to create works for public consumption, or were paid a flat sum for the work, which publishers could reproduce infinately after the fact. Intellectual property laws are there to balance the system between artist and production companies to prevent someone from HAVING to give their life's work away for next to nothing while publishers et. al distribute the work and make loads of money without having to give a equivalent payment to the artist.


Last edited by FaytLein on Mon Nov 30, 2009 8:47 pm; edited 1 time in total
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