Forum - View topicNEWS: Funimation Serves Akadot With Cease & Desist
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Amused Observer
Posts: 164 |
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Shhhhh! Don't give Funi any more ideas. |
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remember love
Posts: 764 Location: Germany |
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We'll just have to wait and see to find out what Funi's motives are. But this article like alot of other people have been saying is onesided and doesn't have much in the ways of information. I don't think we have much to worry for those stores until we have all information. |
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Shiroi Hane
Encyclopedia Editor
Posts: 7580 Location: Wales |
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It's been while (first noticed when his sig changed on AoD) although I can't remember exactly.. he registered his account on the FUNi forums in April though. |
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Cetus-kun
Posts: 139 |
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What about sites like CDJapan that are located in Japan but ship internationally? Would they need to get the international rights to each individual CD they sell? Also imported CD's don't have regional codings like DVD's or video games do. I don't think I've ever seen one of those "For Sale and Use Only in Japan" labels on imported CD's before (at least on the ones I own). |
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Number Six
Posts: 84 Location: Southern California |
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IANAL but I would think this would fall under the purview of Japanese copyright law, not Title 17. If a US business bought a bunch of stuff from CDJapan with the intent of reselling it, then US copyright law would apply, but only to that US company. Whether a company like CDJapan can be forced to not sell internationally is a Japanese law question, not US law. I disagree this topic should not be discussed because of the sparseness of the information we have. After all, ANN published the article and this subforum is for discussing news articles. Yes, its premature to be talking boycott or other punitive measures against Funimation and yes it would be nice to have Funi's side of the story. But if we waited for the complete story to be told on any news article, nothing would ever get discussed. I would also point out that ANN tried and failed to get Funimation to comment. So yes, all of my comments about Funimnation are based on the following assumptions: 1. Akadot was selling legitimate (meaning non pirated/bootlegged) CD's. 2. Funimation claims they have the exclusive right to sell the CD's in North America. 3. Funimation told Akadot's ISP that they were selling pirated CD's knowing full well they were not. So, if the above assumptions are true, my take on it is this: Funimation's actions were predatory and high-handed. Even if the law is on their side, it doesn't mean the law is right. They are using a a bad law which allows them a monopoly on the market, and allows them to use the law to drive out competition intead of doing it by providing the best value to the consumer. Now, don't misunderstand. I don't believe Funimation is evil or other such nonsense. They are simply doing what the rest of the entertainment industry has considered business as usual for the last 50-60 years. For some reason (I would speculate it involves money and politicians ), the entertainment industry has been allowed to get away with a monopoly on the creation and distribution of its products. I am sure thats at least partly why you see a lot of complaints about the issue being discussed in public. When people question how they operate, it threatens their business model and the cash flow they have come to expect. Its certainly more comfortable for them for all such subjects to be kept away from the harsh light of public scrutiny. If assumption number 3 above was true, then that was just plain sleazy and ought to be illegal if it isn't already. Even US copyright law makes a distinction between bootlegs and legitimate imports. Now all of the above is based on the listed assumptions. If Funimation comes out with their side of the story and those assumptions are shown to be false, then, hey, I have no problem changing some or all of my views about this particular incident. |
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Keonyn
Subscriber
Posts: 5567 Location: Coon Rapids, MN |
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Guilty until proven innocent eh? Not only that but the label of guilt goes towards the accuser and ignores the accused completely. Luckily the people that actually matter in the judicial system are a bit more fair and respectful.
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Number Six
Posts: 84 Location: Southern California |
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Um, I was unaware anyone was on trial here. Furthermore, last time I checked, copyright infringement was a civil matter, not criminal, so guilt or innocence doen't even enter in to it. Besides, that sword cuts both ways by assuming that Akadot is "guilty" of whatever Funimation is accusing them of. Based on an earlier post, you seem to not like Akadot. Well, thats your perogative, but whether Akadot is a "saint" or not (and I certainly don't know, having never done business with them) is irrelavent to this particular incident. People are simply stating their opinions on a particular news article and the issues surrounding it. Thats it.
LOL, you've never served on jury duty, have you? |
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Keonyn
Subscriber
Posts: 5567 Location: Coon Rapids, MN |
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Trials are not required for guilt or innocence, but your assumptions imply guilt where as those assumptions aren't proven and you frankly don't have all the facts. Likely you don't have anymore than the majority of the people because the articles thus far have provided marginal facts and alot of conjecture from one side. I'm not assuming Akadot is guilty and I personally have nothing against them as I've never once used their service. But upon hearing about this issue I did some looking around and found only Akadot comments and posts regarding the issue and attempting to villainze Funi for it where as Funi has so far made no such PR move which only works against Akadot in my opinion. If you get immediately and aggressively defensive and respond in a way that barely touches the actual infraction they're accused of which really doesn't look very good. It is relevant to this situation because the actions of theirs to which I referred involve this incident. If they respond regarding an incident than it does indeed have everything to do with that incident and can be used to judge the incident far more than baseless assumptions but is still not enough to make any true judgement which is not what I'm doing. My intention was simply to point out the fact that there are 2 parties involved and immediately jumping on the accuser and assuming the innocence of the other is a foolish mistake. Chances are Funi has lawyers and a legal department and I imagine they know far more about the matter than the people here. You're right, people are posting their opinions but alot of those opinions seem to immediately assume the evil and vile Funimation is out to eat their babies and steal their anime. I'm simply posting my opinion on the matter same as them and backing it up in the process and basically pointing out the wrongs of those who would use "assumptions" as a means to determine right and wrong instead of basing their course of action on actual fact. |
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Number Six
Posts: 84 Location: Southern California |
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Actually, trials are required to legally determine guilt or innocence in a criminal case (which this is not).
You are stating the obvious here. Assumptions imply a certain conclusion just like the facts imply a certain conclusion. Nothing nefarious about that. Saying assumptions are not proven is redundant. Of course they are not proven, that's why they are called assumptions! If you think the assumptions are incorrect, thats fine. Thats the whole point in being up front about assumptions.
Let's see if I have this straight. You did some research and determined that Akadot has released statements about this incident and Funimation has not. You concluded that Funimation's story (the one we have no idea about since they didn't release any statements) is more credible since the fact that Akadot did release statements implies Akadot is just being defensive. Is that about right? Just checking.
Huh?
LOL, well we certainly agree on that!
You seem to be saying that people are immediately concluding that Funimation is evil (BTW, I make the assumption ( ) that you were not referring to me since I explicitly said I didn't think Funimation was evil). To a certain extent, you are right. There was a lot of talk of boycotts or other punitive measures against Funimation which are really not reasonable at this time given the sparseness of the facts. But that is not the whole story. Such cease and desist letters are common these days thanks to the DMCA and our "friends" at the RIAA/MPAA. It is certainly plausible given that environment, that Funimation would send such a letter to Akadot. The only assumptions I made are that Akadot was selling legit (again meaning non-pirated) CD's and Funimation did indeed send such a letter. Nothing too complicated here, either Akadot and Funimation did these things or they did not. Thats the only choices. Funimation sent the letter or they didn't. If they did, they are simply following in the footsteps of their larger siblings in the entertainment industry. I stated my opinion that even if such "exclusive right to sell" agreements are allowed under copyright law, I disagree with such practices because I think they have nothing to do with copyright (the artist is still getting credit and being paid), but are simply a legal way for the entertainment industry to manipulate the market and create a monopoly. Monopolies are bad because they are anti-competitive and ultimately anti-consumer. If Funimation didn't send the letter, then the whole discussion is moot, at least in terms of Funimation. The general issue about copyright law being used to create monopolies still exists, and my opinion on that remains the same. See, no babies eaten. |
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