Forum - View topicWhat to do about a bootlegger?
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Nani?
 Posts: 632 |
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Here's a situation that has brought home to me just how scummy bootleggers are. I would like to take effective action (other then not giving them my business, which I'm already doing).
In the city (which I'm not mentioning it intentionally) where I live there are two "mom and pop" shops run by people who genuinely love Anime/Manga. They rent and sell DVD's as well as manga and other "extras". Whenever I can I buy and rent from them because of their expertise and the unspoken extra value that they provide. There is a third store in the area which basically sells and rents bootlegs. If they are caught, they then buy one legal copy to put in out on display and then continue to sell the bootlegs "behind the counter". This store has already been fingered to the police, who have no interest in taking action. This store is seriously cutting into the business of both of the honest stores and might drive one of them out of business. Does anyone have any suggestions of action that can be taken. All the Best, Nani? |
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JETBLACK87
 Posts: 1073 |
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Maybe you could report them to the companies that own the US rights to the anime.
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SuperOnizuka
 Posts: 421 Location: When I look At the World- New Jersey |
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Or inform the masses about the legalities of the situation, as well as that that store is selling bootlegged copies. Which would hopefully deter future customers from shopping at that store.
But I think JETBLACK's idea is something that you or the honest store owner should do. Especially since the police don't have an interest in doing anything about it. |
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Tempest
 I Run this place.ANN Publisher  Posts: 10468 Location: Do not message me for support. |
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Best thing to do is to inform the companies involved of exactly what you told us here.
Make sure to tell them about previous reports and how the store has gone about avoiding the issue. Armed with than knowledge the licensors may decide to gather evidence themselves and pursue the case in court. If you chose to inform multiple companies, you should tell each one who else you've contacted about this. You could do this will a multi-recipient e-mail with each recipient named (no BCCs). Beyond this, there is little you can do about the matter Last edited by Tempest on Tue Jun 08, 2004 7:23 pm; edited 1 time in total |
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Godaistudios
Posts: 2075 Location: Albuquerque, NM (the land of entrapment) |
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In the end... only if the companies actually start taking a more active role and getting injuctions slapped on will it start making a difference. Unfortuantely, I too live in an area where I know of honest businesses that do get hurt by another that sells bootlegs.
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TessaTestarossa
 Posts: 39 |
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i guess if the police won't do anything, there's really nothing much you can do. I think the companies won't like take action on one shop? It would be too much of a hassle as well as involve a high cost? I'm not sure but that's my view.
I believe in the end, it all boils down to how the public percieve the product. Although I believe that bootleggers should be prosecuted, but unfortunately they spring up like mushrooms after the rain most of the time. And my view is that if the person is likely to buy a bootleg, most of the time, he wouldn't fork out money for the original even if the bootleg is not available. So, there's really nothing you can do, except hope that people do make the right choice. 
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Dilandau
 Posts: 525 Location: Tea House |
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The US companies wont do anything (they really aren't in a position to). Most of these companies probably don't even alot any budget at ALL to piracy concerns. At most, they would send a semi-threatening email to internet stores.
Plus, the shop in question could feign not knowing any better, and nothing could be done anyway. Since I've come to Australia I have found out that there is a branch of govt that deals with piracy (which included bootlegged anime - I've seen stats...lots of bootlegs!). Is there something similar in the US? I think another difficulty would be gathering enough information to 'prove' that they were indeen bootlegs. Its not illegal to buy foreign made or foreign 'region' DVDs. So I'm not sure what kind of a hassal it would be for a small 'bust' like the store you are talking about. |
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zaphdash
 Posts: 620 Location: Brooklyn |
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Anime companies have a lot more resources now than they used to, and at the very least, they talk tough about anti-piracy. I've never heard of any company taking on a store distributing bootleg goods, but I've also never heard of them letting stores get away with it, either. The most they typically do is send a semi-threatening E-mail, because that's usually all that's needed. When people are threatened with legal action, and they're clearly in the wrong, they typically don't try to fight it. This is why Anime Junkies, for example, even after sending their childish response after being told to cease and desist their Ninja Scroll project, still chose to comply. The issue is pretty cut and dry. The merchandise is either licensed or not, and if it's not, the store doesn't have a leg to stand on. If a group of anime companies jointly consults this store over its illegal merchandise, chances are that the store's owners will comply. If they don't, it's not exactly a tough legal battle for the anime companies. The one who should be worrying about not having a budget for this is the store.
Yeah, just try telling the judge you didn't know you were breaking the law. I bet he'll be really sympathetic.
A bootleg is a bootleg. There's really not as much gray area as most people seem to think. Either it's been licensed by the copyright holder or it hasn't been. If it hasn't been, it's illegal. |
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Kazuki-san
 Posts: 2251 Location: Houston, TX |
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Even though this may sound funny, you should contact the FBI (assuming there is a field office somewhere near you). It is a federal offense to reproduce or distribute a copyrighted work without permisssion. It's punishable by up to 5 years in prison and a $250,000 fine. Will they actually do something about it? Who knows, they've gone after the small fry before. Also, it doesn't matter if they are selling bootlegs of the US (R1) distro, or the Japanese (R2) distro. The Japanese distro is protected by the Berne Convention, which affords the copyright holder the same protections as a US copyright holder.
There is one more route that I'm not certain if it applies in this situation, but I'm checking it out and will let you know when I have an answer. |
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Fenrir
 Posts: 369 |
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There's actually a whole lot more to it then that. There's a lot of stuff that companies have to prove in court as well. Hell a court ruled that the company that created Kamen Rider didn't own the name outside of Japan. It's really not so easy going after the small fry and the rewards you reap are far below the cost saved. The reason is you can't prove how much money it's actually hurting you by. Going after single stores is never the answer. You gotta go to the source.
Bootlegging is a lot like drugs you gotta cut the source off. I mean sure you can put a dealer in jail but another, and another and another show up. Sure these guys get some jail time most often they get out after a year or two and the money they made off of doing something illegal is almost worth a year in Jail and the fine they pay because they have that much more. A lot more of them get off because of mis trials, deals etc. Until you can cut the source off going after bootleggers is just a waste of time and money. Most people that buy bootlegs wouldn't buy the R1's some of them are ignorant people that think it's legit but these days most people know. Like every law that has to deal with copyright there's always away around it or some Grey area one can hide in so that they just can't quite prove your guilty. |
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Kazuki-san
Posts: 2251 Location: Houston, TX |
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Hmm.. it's not a cakewalk but not dancing on hot coals either. . They have to prove that 1. They are the copyright holder 2. The person and or persons was in possession of, and selling, for commercial or private gain, illegal copies of a copyrighted work, without permission of the copyright holder, and 3. That the person and or persons did so knowingly. (also there is fine print that it must add up to over $1000 normal retail price worth of products sold with a 180 day period.) Sure you can figure out how much it hurts you by, somewhere the person has a record of what he has bought and sold. Whatever he has sold, is money you are out. Even though it may be true that some of these people would never have bought legal copies, you can still argue that those purchases hurt you. (as they can give their copies to someone else who may have purchased a legal copy if not for the bootleg and things of that nature) Sure there are loopholes in every law, but it's not impossible to prove someone guilty. Unfortunately, the source of the problem isn't in this country, although it does come into this country illegally. Customs can check for and confiscate bootlegs under the Berne Convention, but only if the copyright holder specifically asked for them to do so. So unless Japanese companies decide to take a much tougher stance, bootlegging will continue. |
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Sword of Whedon
Posts: 683 |
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The cops aren't interested, but try other avenues
Go to the business licensing bureau at city hall, go to the district attorney, try every avenue (including reporting them to the anime companies) that can lead to their prosecution |
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ShellBullet
 Posts: 1051 Location: I hit things, with my fist. |
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Really, it's up to the copyright holders to pursue this. If they do, then the FBI will get involved in the situation. However, if they don't take the initiative, the cops are not going to care. Why should they?
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AlterGenesis-X
Posts: 7 Location: Ontario, Canada |
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Generally, authority tends to do nothing, but if they're selling this stuff, you have find anyway to get them to stop.
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Tempest
I Run this place. ANN Publisher Posts: 10468 Location: Do not message me for support. |
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That's more of a trademark issue... |
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