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NEWS: Funimation Sues 1,337 BitTorrent Users Over One Piece


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aereus



Joined: 08 Jun 2010
Posts: 574
PostPosted: Wed Jan 26, 2011 7:25 pm Reply with quote
mangamuscle wrote:

Under that pretense people watching a movie have no reason at all to buy the VHS/DVD/Bluray since they have already seen it all. Yet I think it is safe for me to say that is not what happens. So even if somebody has already seen the complete episode (or series) chances are he/she will buy it since it was good. I think chances are sales of filler episodes of (fill the blank with anime with over 100 episodes) have lower sales since many people thought they were not good enough to buy a copy. So in the end I firmly believe watching is not akin to stealing.


Except that the full episode was available legally in 360p and these people chose to download it anyways. A lot more than 1337 people download One Piece episodes I would think -- so one would be safe in assuming they are bringing only proven USA IP addresses before the court. A place where the Funimation stream can be legally accessed from their website or partners.

They decided that a 360p quality stream was not a good enough "preview" for them, apparently.

Not to mention that something like One Piece that is nearing 500 episodes -- it's highly unlikely that anywhere near the number of people that download the episode actually have bought all of the current box sets. (And I'd gather only a slightly bigger number actually bought ANY arc box sets...)
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Megiddo



Joined: 24 Aug 2005
Posts: 8360
Location: IL
PostPosted: Wed Jan 26, 2011 7:26 pm Reply with quote
Aereus: C'mon now.

Time to end this. You were right before. This will just drag on into nothingness.

ikillchicken wrote:
Nobody wants to watch a crappy SD stream when you can pirate a beautiful 1080p fansub.


Subtle.


Last edited by Megiddo on Wed Jan 26, 2011 7:32 pm; edited 1 time in total
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ikillchicken



Joined: 12 Feb 2007
Posts: 7272
Location: Vancouver
PostPosted: Wed Jan 26, 2011 7:30 pm Reply with quote
Let me make a suggestion here: Why don't we all take a deep breath and calm down. I think most of us would find that if we just weren't so quick to anger and predisposed to getting defensive that we would find there is actually a lot that we agree on. I don't think the piracy issue comes down to an irreconcilable disagreement or at least that it has to. I believe that it is possible, if everybody could just make some small concessions instead of taking such an absolute position, to find a reasonable, practical, workable solution to piracy.

I get that many of you feel that the demands made by fans these days are totally unreasonable. That's understandable. Many fans are unreasonable. However, you need to accept that telling them they're unreasonable just isn't going to do anything if you're insisting they conform to your own standards which aren't even in the same ballpark. You don't have to like it but you need to work with them from within the ballpark of that standard.

I also get that many pirates feel like the legitimate options are inferior products. Again, that's understandable. Nobody wants to watch a crappy SD stream when you can pirate a beautiful 1080p fansub. That said, you need to be willing to accept at least a slight imperfection. There's a lot of room for legal options to improve but they're never going to be exactly as good as the illegal ones. That's just not feasible. You don't need to give a lot but you at least need to get away from this stance that unless the legal option is 100% flawless you won't use it.

Finally, everybody needs to stop looking at this morally. It really doesn't matter whether you think it's always wrong to pirate or you think you're outright entitled to pirate. The prior isn't going to do a lick of good in stopping people from pirating and the latter really doesn't do a lick of good in addressing the practical issues of how to make this work.

So, who's with me! Can we try and work together to find a reasonable compromise?

...

...

No? Okay. Moving on.
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agila61



Joined: 22 Feb 2009
Posts: 3213
Location: NE Ohio
PostPosted: Wed Jan 26, 2011 7:41 pm Reply with quote
mangamuscle wrote:
I do believe it is the consumer right to sample a product (whether thru television, simulcast or rental) to decide whether he wants to buy it. It is quite futile for them to say "but it is illegal" since they are only repeating like mere parrots what big corporations want to make us believe, that they can strip them of our rights and money however they see fit.


We never had that as a right, so it can't be stripped of us. What we have had as a right is the right to say how gets to copy our work if we do create an original work. That right was once more restricted in Mexico than in Europe or Japan, since Mexico was a signatory to the weaker Pan American convention, but now that Mexico is signature to the Berne Convention, you have similar rights to creators in Europe or Japan.

Your supposed "right to sample" is just one more argument for stripping that right from people who create original works.

And if this is your point, it is entirely off topic in this particular case, since the people in direct legal jeopardy are people residing in the US, who therefore have legal access to streams that ~ completely independently of whether they are the ideal preferred resolution or ideal preferred means of viewing for some people ~ obviously are a quite reasonable means for those US residents to sample the product before they decide whether or not to buy it.

Unlike most samples, they can sample the whole thing before deciding whether they want to buy it. While the samples of the dubs only stay up for a limited time, the new ones go up as fast as the old ones are taken down, so there is a fairly constant supply of dubs to sample.

While a Mexican resident who participates in a torrent swarm with other Mexican residents would be violating the copyrights of the original creator, they would only be at legal risk if a suit was brought by a Mexican licensee or by original Japanese licensor for the illegal redistribution of the material in Mexico. And such torrent swarm restricted to Mexican residents would be fairly easy to set up ~ just need to set up a filter that rejects non-Mexican IP addresses.
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Xanas



Joined: 27 Aug 2007
Posts: 2058
PostPosted: Wed Jan 26, 2011 7:44 pm Reply with quote
Whether those who buy One Piece in general also download copies is something I can't say, but what I can say anecdotally is that I buy anime on DVD/BluRay (mostly from Funimation) but I also happen to download fansubs, even if it is up for streaming because
1) I still can't get a straight answer if it's profitable or not, even when I asked Lance in the Fractale thread.
2) Superior video quality (360p low bitrate isn't good at all)
3) Convenient play that works (Flash is very finicky, prone to crashes, and streaming commonly has hiccups on most every service I've used).

I'll admit that 2 and 3 are important enough to me that even if Lance did answer in the affirmative I wouldn't start watching everything I could over their services (well, unless perhaps he told me they get like 1$ per viewing but the chances of that are extremely low). I might watch the advertisement and stop there or something.

I'm willing to bet One Piece viewers are generally younger and that most of them don't actually have a job.

Provided they value One Piece a lot and have the money but still don't buy it I might agree with you from a moral perspective, but I wouldn't call it "stealing" because copying isn't taking. Additionally, copying is not purely a device by which bad things happen to authors/artists/etc. In fact it's because of copying that they are able to reach as many customers as they do.

So I don't make this any longer I'll summarize my position on IP with a couple links:
http://blog.mises.org/9486/whats-wrong-with-theft/
http://blog.mises.org/9499/there-are-no-good-arguments-for-intellectual-property/


Last edited by Xanas on Wed Jan 26, 2011 7:48 pm; edited 2 times in total
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Metanomaly



Joined: 23 Jul 2010
Posts: 107
PostPosted: Wed Jan 26, 2011 7:46 pm Reply with quote
aereus wrote:
mangamuscle wrote:

back in the 19th century black men were granted the right to vote. In the 20th century women were granted the right to vote. It could be said to be illegal for them to do so before said amendments and they probably there were some harsh penalties if they attempted to do it. I do believe it is the consumer right to sample a product (whether thru television, simulcast or rental) to decide whether he wants to buy it. It is quite futile for them to say "but it is illegal" since they are only repeating like mere parrots what big corporations want to make us believe, that they can strip them of our rights and money however they see fit.


...ladies and gentlemen of this supposed jury, (snip)


Brilliant.
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ikillchicken



Joined: 12 Feb 2007
Posts: 7272
Location: Vancouver
PostPosted: Wed Jan 26, 2011 7:48 pm Reply with quote
Megiddo wrote:
ikillchicken wrote:
Nobody wants to watch a crappy SD stream when you can pirate a beautiful 1080p fansub.


Subtle.


It's not subtle at all. I outright said it. Funimation needs to improve the quality of their streams. (I also went on to say that while that may be the case, fans need to be willing to compromise as well).
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Zac
ANN Executive Editor


Joined: 05 Jan 2002
Posts: 7912
Location: Anime News Network Technodrome
PostPosted: Wed Jan 26, 2011 7:48 pm Reply with quote
Ladies and gentlemen, that's our show. See y'all next time on Piracy Chat!
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