Forum - View topicNEWS: Japan's Lower House Approves Bill to Penalize Downloaders, Outlaw Ripping
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Kit-Tsukasa
Posts: 930 |
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I agree. Anyone can stuff/fake a rar/zipped or encrypted file and sometimes you won't know that you're actually downloading such a file. The law touches on a very gray area and doesn't seem like it draws a fine line. Also, even if this passes, it just means people will switch from Share to similar programs or just beef up personal security via stuff like VPNs. Also, you may as well just lock up everyone in your country at this point if the bill is passed. |
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TheAncientOne
 Posts: 1872 Location: USA (mid-south) |
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Having a criminal penalty for uploading doesn't seem to have affected the availability of raws, so I don't expect outlawing ripping (which has proven unenforceable in the United States) to have much impact either. All it would really mean is increased charges that could be layered on for those that get caught uploading.
Criminalizing downloading is the big news here. It is essentially taking the RIAA/MPAA lawsuit approach and turning it into a criminal penalty instead. I suspect if passed, imprisonment will be rare, and is only there as a threat to get people to pay up the fine. |
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TarsTarkas
 Posts: 5861 Location: Virginia, United States |
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It is already illegal to upload copyrighted material, so the new laws against ripping will have little effect, since you can't get caught until you upload, or start making your own illegal DVD's anyway.
The downloading part is for the Japanese to deal with as it will have no effect on us, though the Japanese may direct some hate our way, blaming the United States for pressuring the Japanese government on these issues. |
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BigOnAnime
Encyclopedia Editor
 Posts: 1232 Location: Minnesota, USA |
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Well this is going to make things harder for fansub groups, and those that watch mainly through fansubs.
Doesn't really affect me as I don't watch fansubs, and am not in Japan. Still interesting to see this now come into play. |
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superdry
 Posts: 1309 |
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This is actually not going to affect fansub groups too much. Will it affect rip-groups? Probably. |
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Utsuro no Hako
Posts: 1038 |
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That's not true. Under the DMCA it's illegal to circumvent copy-protection, which means you can't legally copy a DVD or Blu-Ray, even for personal use. (CDs are exempt since Sony didn't have the foresight to build in encryption in the '70s and SACD never took off.) This is why you should be careful putting ripped movies on your laptop if you ever leave the country. |
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yuna49
 Posts: 3804 |
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I'd be shocked if Sony weren't a major force behind this legislation. In the US, an attorney for Sony raised a lot of eyebrows when she argued during the Jammie Thomas case that ripping CDs for personal use was "a nice way of saying 'steals just one copy.'" Since CDs aren't copy protected, ripping them doesn't even violate the "anti-circumvention" provisions of the US Digital Millennium Copyright Act the way ripping CSS-protected DVDs does. Yet Sony apparently considers even an activity which millions of people around the world do every day to be theft.
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zr2008
Posts: 31 |
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The bill is for "download" only. Apparently there is still no penalty for "uploading"? I read somewhere (no source that I recall) that a lot of the ripping and uploading to the internet is done by Chinese for bootleg manufacturers
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configspace
Posts: 3717 |
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See: Court Overturns Ban on Posting DeCSS California Supreme Court Upholds Free Speech in DVD Case In addition, the DMCA has exemptions for non-infringing uses: http://www.copyright.gov/1201/2010/ Problem is some things are not clear. There is the previous example of source code as speech. And there is the outside the DMCA sections of US law--which covers all protection systems (phones, encryption, etc), not just for movies--such exemptions of circumventions that allow you to make copies of computer programs (for backup, maintenance, operation) http://www.law.cornell.edu/uscode/text/17/117 |
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enurtsol
 Posts: 14795 |
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Japan is the safest place on Earth!
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Arekusei
Posts: 47 |
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While it may sound bad, it actually isnt going to affect fansubbers and raw unloaders in any way. They already are outside the law for uploading them. But that usually dont get arrested or anything. Law enforcement just dont seem to care much. If people wanted to, then they could quickly destroy whole sharing community in instant, finding out their ips isnt a problem. But authorities around the world obviously dont care enough. They make few showcases by arresting some big fish(or and lone mother) and that is, they arent going after the rest. The same is with this bill - it sounds scary, but nobody will try to really enforce it. They will make some arrest from time to time, but not enough to affect the scene in any way.
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Sunday Silence
 Posts: 2047 |
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Except for the threat of Earthquakes. |
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jmaeshawn
 Posts: 170 |
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As far as I know, the act of ripping DVDs in the US is not illegal as you guys are saying. Correct me if I'm wrong, but doesn't the fair use clause of the DCMA say that people are allowed to make a copy of a disc they own the original to for personal use?
From Wikipedia: "Section (III) allows circumvention for the purpose of storing or transmitting media over a personal network, but explicitly prevents the uploading of media 'to the Internet for mass, indiscriminate redistribution.'" |
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yuna49
Posts: 3804 |
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You're wrong. The last rulemaking in 2009 by the US Copyright Office (an agency of the Library of Congress) on anti-circumvention as applied to DVDs with CSS granted only these specific exemptions:
(i) Educational uses by college and university professors and by college and university film and media studies students; (ii) Documentary filmmaking; (iii) Noncommercial videos. Note that none of these have to do with making personal copies of commercial DVDs. The LOC is mandated to conduct proceedings every three years on the issue of exemptions to the anti-circumvention provisions. Advocates for a "fair use" exemption to make personal backup copies of DVDs argued their case again this year. We'll see what happens, but I'm guessing they'll be ignored once again. Even the advocates aren't very optimistic. For a good summary of the industry's views on the matter see section VII of this submission by the DVD Copy Control Association in this year's proceedings. |
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crosswithyou
 Posts: 2892 Location: California |
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Wonder how they plan on enforcing this and how they will monitor activity. *points to location* >_>;;
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