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Sunday Silence
Joined: 22 Jun 2010
Posts: 2047
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Posted: Wed May 30, 2012 3:37 pm
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Um, the third pic in the NSFW link is of Boa Hancock, not Nami. Someone got the facts fudged up somewhere.
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Fencedude5609
Joined: 09 Nov 2006
Posts: 5088
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Posted: Wed May 30, 2012 3:46 pm
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Would it have killed you guys to put "selling" in your headline? Or would that not have been sensational enough?
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configspace
Joined: 16 Aug 2008
Posts: 3717
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Posted: Wed May 30, 2012 4:02 pm
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Like the guy who was arrested over the modified Kamen Rider figure, how is it copyright infringement when he actually bought the figures and is reselling them, and the physical state is simply different from the state it was purchased in?
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Fencedude5609
Joined: 09 Nov 2006
Posts: 5088
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Posted: Wed May 30, 2012 4:09 pm
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configspace wrote: | Like the guy who was arrested over the modified Kamen Rider figure, how is it copyright infringement when he actually bought the figures and is reselling them, and the physical state is simply different from the state it was purchased in? |
Because Japanese Copyright Law is not American Copyright Law.
Shocking.
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Mr. sickVisionz
Joined: 28 Oct 2007
Posts: 2175
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Posted: Wed May 30, 2012 4:10 pm
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configspace wrote: | Like the guy who was arrested over the modified Kamen Rider figure, how is it copyright infringement when he actually bought the figures and is reselling them, and the physical state is simply different from the state it was purchased in? |
Because the entire venture is based around using content owned by someone else that you haven't gotten permission to use. He's not modifying One Piece figures into something completely beyond recognition. He's basically making and selling One Piece figures advertised and designed to be One Piece figures beyond any shadow of a doubt.
What he's done very much falls under the category of this is the whole point of licensing.
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The American Average
Joined: 17 Sep 2010
Posts: 645
Location: Jehuty
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Posted: Wed May 30, 2012 4:14 pm
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I find this quite hilarious, you get thrown in prison for making and selling porn figs of anime characters. ah lets hope he doesn't drop some soap
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Fencedude5609
Joined: 09 Nov 2006
Posts: 5088
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Posted: Wed May 30, 2012 4:15 pm
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The American Average wrote: | I find this quite hilarious, you get thrown in prison for making and selling porn figs of anime characters. ah lets hope he doesn't drop some soap |
Prison Rape Jokes!
Nothing but class around here.
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Momokochan
Joined: 08 Apr 2012
Posts: 103
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Posted: Wed May 30, 2012 4:18 pm
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Then shouldn't Doujin be illegal too? I mean they do sell them, and do have a convention for it. I don't want them to be illegal but technically it's the same principle.
That or this men shouldn't be jailed for that I mean, the figures are creepy but come on, he just modified them. He did not even mass produce them.
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ninjapet
Joined: 20 Apr 2009
Posts: 1517
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Posted: Wed May 30, 2012 4:23 pm
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Momokochan wrote: | Then shouldn't Doujin be illegal too? I mean they do sell them, and do have a convention for it. I don't want them to be illegal but technically it's the same principle.
That or this men shouldn't be jailed for that I mean, the figures are creepy but come on, he just modified them. He did not even mass produce them. |
GK figures are a whole nother thing, if you're making them for something like Wonfes creators give the event three days of copyright approval to sell fan-made kits.
Normally you have to fill out paperwork and ask the c.o of the series if it's not for an event like what I stated before. Which is why custom figures are hard to get a hold of and cost a ton of money.
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mrsatan
Encyclopedia Editor
Joined: 06 Jul 2005
Posts: 913
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Posted: Wed May 30, 2012 4:27 pm
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Mark my words, Dojinshi will not survive the 21st century. It's only a matter of time before the lawyers get them as well.
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Tomibiki
Joined: 08 Jul 2007
Posts: 837
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Posted: Wed May 30, 2012 4:30 pm
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Japan going for that top billing spot for the player haters ball.
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configspace
Joined: 16 Aug 2008
Posts: 3717
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Posted: Wed May 30, 2012 4:35 pm
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Mr. sickVisionz wrote: |
configspace wrote: | Like the guy who was arrested over the modified Kamen Rider figure, how is it copyright infringement when he actually bought the figures and is reselling them, and the physical state is simply different from the state it was purchased in? |
Because the entire venture is based around using content owned by someone else that you haven't gotten permission to use. He's not modifying One Piece figures into something completely beyond recognition. He's basically making and selling One Piece figures advertised and designed to be One Piece figures beyond any shadow of a doubt.
What he's done very much falls under the category of this is the whole point of licensing. |
Except he is NOT advertising them to be the same original One Piece figures. He, like the other Kamen Rider modifier is advertising them to be different than the original. Furthermore, the whole point of licensing for something like this is in reproduction, not reselling.
By your logic, there would almost be no used/secondary market since everything would have to be in the same condition or state or function the same way as the original.
How do you account for legal sale of modified cars then, even in Japan? There's intellectual property covering the design and functionality of the car, yet it is certainly legal to buy a car, heavily modify it to be nothing like the original and still resell it as a modified version of the original, using the original name, but advertising it to be functionally different--exactly like this case with figures.
If I own the item--where the intellectual property owner has already gotten paid by virtue of selling that physical property derived from the intellectual property--then why can't I do what I please with that particular item, since it is my property, including selling it?
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TitanXL
Joined: 08 Jun 2010
Posts: 4036
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Posted: Wed May 30, 2012 5:02 pm
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The American Average wrote: | I find this quite hilarious, you get thrown in prison for making and selling porn figs of anime characters. ah lets hope he doesn't drop some soap |
It's not that it's risque (plenty of those official figures are) it's breaking copyright.
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Daemonblue
Joined: 05 Jul 2006
Posts: 701
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Posted: Wed May 30, 2012 5:08 pm
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Sunday Silence wrote: | Um, the third pic in the NSFW link is of Boa Hancock, not Nami. Someone got the facts fudged up somewhere. |
I'm not seeing it -- all three links show and say they're of Nami, so unless they changed the links from when you mentioned this then somethings not right.
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Kit-Tsukasa
Joined: 16 Mar 2006
Posts: 930
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Posted: Wed May 30, 2012 5:10 pm
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To me, it sounds like it's really just Toei that tends to be really picky about this if it is the second case already.
Either way, this is dumb especially since the guy is deliberately changing the figure. If anyone, it should be Odacchi who has claims or decisions to this issue since it's his original work and not Toei's.
The only thing that remains unconfirmed is where are these figures originally manufactured. I've heard the guy has actually been buying them from a bootleg shop in China and then reselling/auctioning in Japan, which in that case will be illegal since he is in essence an illegal dealer that is selling a pirated/plagiarized product.
Companies are not going after doujins not because of how big it has become but I think it's because they are made by people in Japan (including anime staff from time to time). It doesn't really hurt the industry since it's technically promoting their products through relatively legal and in a different manner unlike what I described earlier. Nevertheless, Japanese Copyright Laws regarding plagiarizing is very vague and gray.
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