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NEWS: 3 Japanese Men Arrested, Charged with Uploading Anime


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mufurc



Joined: 09 Jun 2003
Posts: 472

PostPosted: Thu Jan 24, 2008 10:50 am Reply with quote
minakichan wrote:
What's next, prosecuting for uploading licensed images or fanart?

There's a reason why Japanese fansites never feature official artwork, and why Japanese bloggers very rarely use official artwork for icons/etc. Fanart is usually okay (as long as it's clearly stated to be fanart), but usage of copyrighted artwork is usually taken very seriously... well, at least in theory. A Japanese publisher sending a cease and desist letter to an English-language fansite that features copyrighted images is not unprecedented.

Fallout2man wrote:
Why not use an American or european developed application like say a bit torrent or gnutella client with a japanese translation though?

Many Japanese use Bittorrent (I dunno about gnutella). But these Japanese networks mostly have stuff in Japanese for Japanese people (and people who understand the language), say, episodes of foreign movies and TV shows with Japanese dub or subs,
doujinshi, magazines and anthologies, novels, "raw" manga and anime, etc. Stuff that would be considered niche on a larger, "international" network. Add to this that those networks are easier to track, it's no wonder that they rather develop their own software and own networks. (See what happened to Winmx.)
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daxomni



Joined: 08 Nov 2005
Posts: 2422
Location: The morally challenged land of cheap guns and expensive health care.

PostPosted: Thu Jan 24, 2008 10:56 am Reply with quote
Excellent news. I can't wait for them to go after Share as well. I have no love for copyright owners who have tried to prevent the accepted purpose and practice of fair use and public domain, but neither do I have any love for the folks who ignore copyrights entirely. In the case of Share, copyrighted works aren't even the worst things on there. The sooner they bring it down the better.
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ilikehotaznz



Joined: 03 Dec 2007
Posts: 28

PostPosted: Thu Jan 24, 2008 11:03 am Reply with quote
daxomni wrote:
Excellent news. I can't wait for them to go after Share as well. I have no love for copyright owners who have tried to prevent the accepted purpose and practice of fair use and public domain, but neither do I have any love for the folks who ignore copyrights entirely. In the case of Share, copyrighted works aren't even the worst things on there. The sooner they bring it down the better.
They're not going after Share or Winny. They're going after low-hanging fruit and placing them in show trials in order to set examples for others. This is much like show trials from the ex-Soviet Union. I guess we aren't any better than the communists.
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Fallout2man



Joined: 27 Jun 2007
Posts: 271
Location: San Diego, CA

PostPosted: Thu Jan 24, 2008 11:13 am Reply with quote
mufurc wrote:
Many Japanese use Bittorrent (I dunno about gnutella). But these Japanese networks mostly have stuff in Japanese for Japanese people (and people who understand the language), say, episodes of foreign movies and TV shows with Japanese dub or subs,
doujinshi, magazines and anthologies, novels, "raw" manga and anime, etc. Stuff that would be considered niche on a larger, "international" network. Add to this that those networks are easier to track, it's no wonder that they rather develop their own software and own networks. (See what happened to Winmx.)


I was just giving some possible examples, but that does make more sense seeing as most of the resources online right now are geared towards english speakers/readers. In the end though, this really won't do much of anything for them I can bet. It may be happening at a slower pace, but this is a virtual arms race that no company can realistically hope to win short of a totalitarian level of intervention and scrutiny into everyone's connection.
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daxomni



Joined: 08 Nov 2005
Posts: 2422
Location: The morally challenged land of cheap guns and expensive health care.

PostPosted: Thu Jan 24, 2008 11:19 am Reply with quote
ilikehotaznz wrote:
They're not going after Share or Winny. They're going after low-hanging fruit and placing them in show trials in order to set examples for others.


As long as the impact is the same I'm all for it. However, going with what little I know about Japan this won't stop most of it until they make running Share a crime, and I seriously doubt they'd ever do that. Still, it's nice to see some movement against the pirates for a change, even if it's just a "show trial" at this stage.

ilikehotaznz wrote:
This is much like show trials from the ex-Soviet Union. I guess we aren't any better than the communists.


Who is "we" in this context?
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ilikehotaznz



Joined: 03 Dec 2007
Posts: 28

PostPosted: Thu Jan 24, 2008 11:47 am Reply with quote
daxomni wrote:
ilikehotaznz wrote:
They're not going after Share or Winny. They're going after low-hanging fruit and placing them in show trials in order to set examples for others.


As long as the impact is the same I'm all for it. However, going with what little I know about Japan this won't stop most of it until they make running Share a crime, and I seriously doubt they'd ever do that. Still, it's nice to see some movement against the pirates for a change, even if it's just a "show trial" at this stage.


I see the logic of your argument, but I do not agree with you. People who are filesharing are using the internet for it's original intent.

Moreover, when a recording of video or audio is turned into bits, it is simply turned into a number. What existed first? The number representing the audio/video file, or the file itself? This may sound absolutely crazy, but everything that can be processed and turned into bits existed BEFORE it was actually created. Numbers are infinite and have existed since the beginning of time, and prosecuting people for transmission of numbers simply shows a lack of understanding of the technologies used.

"Is it a good thing or a bad thing that it is becoming harder, maybe impossible to encapsulate information in discrete units and sell them. The simplistic answer-- the answer you get from hollywood and the recording industry is: "It's a disaster!" -Yochai Benkler, Yale Law School.

I will only close by saying that I will not argue with you, and only state that the smartest people analyizing the situation agree that what the recording industry, the movie industry, and the governments are doing to stop digital hyperdistribution of copyrighted content is clearly not working.
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Temuthril



Joined: 25 Nov 2007
Posts: 11

PostPosted: Thu Jan 24, 2008 12:10 pm Reply with quote
Perfect Dark is the successor to Share and Winny, in case anyone was wondering.
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CCSYueh



Joined: 03 Jul 2004
Posts: 1913
Location: San Diego, CA

PostPosted: Thu Jan 24, 2008 12:24 pm Reply with quote
ilikehotaznz wrote:
//going on filesharing rant...

Suing people for digitally transmitting data is not the answer to the filesharing debacle. Over 15 million Americans alone engage in filesharing-- what are they going to do, sue all of them? Artists want everyone to be able to view their works, and digital hyperdistribution allows that. The only problem is that there hasn't yet been a viable economic business model for digital hyperdistribution of copyright works.

I think a global taxpayer-funded collective licensing regime as a mechanism that would fairly compensate artists and rights holders for P2P filesharing is a better way.


How about start of taxpayer rant?
According to the US Census Bureau's website, the 2000 census has 281,421,906 people residing in the United States. Why the HELL should I, who have never, ever downloaded an episode (hate YouTube. Never go) pay taxes for your habit I totally disagree with?
15 million people download? WHOO HOO!!
You're a minority. You pay for your own fricken habit- a buck or 4 per download, money distributed back to the artists, how's that?

My home state has more than twice as many residents as you claim download (33,871,648). This is one of the things that really burns me. Downloaders think they're the majority & they aren't. There are lots of people who, for whatever reasons (internet connection or lack there of, time, interest) have no interest whatsoever in downloading episodes of tv shows or movies.
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ilikehotaznz



Joined: 03 Dec 2007
Posts: 28

PostPosted: Thu Jan 24, 2008 12:32 pm Reply with quote
CCSYueh wrote:
ilikehotaznz wrote:
//going on filesharing rant...

Suing people for digitally transmitting data is not the answer to the filesharing debacle. Over 15 million Americans alone engage in filesharing-- what are they going to do, sue all of them? Artists want everyone to be able to view their works, and digital hyperdistribution allows that. The only problem is that there hasn't yet been a viable economic business model for digital hyperdistribution of copyright works.

I think a global taxpayer-funded collective licensing regime as a mechanism that would fairly compensate artists and rights holders for P2P filesharing is a better way.


How about start of taxpayer rant?
According to the US Census Bureau's website, the 2000 census has 281,421,906 people residing in the United States. Why the HELL should I, who have never, ever downloaded an episode (hate YouTube. Never go) pay taxes for your habit I totally disagree with?
15 million people download? WHOO HOO!!
You're a minority. You pay for your own fricken habit- a buck or 4 per download, money distributed back to the artists, how's that?

My home state has more than twice as many residents as you claim download (33,871,648). This is one of the things that really burns me. Downloaders think they're the majority & they aren't. There are lots of people who, for whatever reasons (internet connection or lack there of, time, interest) have no interest whatsoever in downloading episodes of tv shows or movies.
The quick answer to your question, because I'm short on time and have to go to class...

Because this has very little to do with downloading. The business model of television in particular is failing on many levels. People are skipping ads with their tivos, DVR's, PVR's, etc. The age of the 30-second ad is coming to an end (it has been for a while), and taxation will fund the future of entertainment.
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samuelp



Joined: 25 Nov 2007
Posts: 788
Location: Tokyo, Japan

PostPosted: Thu Jan 24, 2008 12:40 pm Reply with quote
Temuthril wrote:
Perfect Dark is the successor to Share and Winny, in case anyone was wondering.


SHHHHHHHHHHHHHH!!!!!!!!!

Well, actually it's still pretty useless right now.

And I'm well aware that share has been compromised. But there's no evidence that law enforcement knows that or has any desire to use that. And anyway, I only download stuff from share, not upload, which is actually perfectly legal in the country I currently live in Smile. (for now, anyway).
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KyuuA4



Joined: 28 Sep 2006
Posts: 1158
Location: America, where anime and manga can be made

PostPosted: Thu Jan 24, 2008 1:10 pm Reply with quote
It's the Napster case all over again. Well, lemme know when someone's grandma gets busted. Laughing
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mufurc



Joined: 09 Jun 2003
Posts: 472

PostPosted: Thu Jan 24, 2008 1:17 pm Reply with quote
samuelp wrote:
And anyway, I only download stuff from share, not upload, which is actually perfectly legal in the country I currently live in Smile. (for now, anyway).

Actually, if you use Share you probably upload, too, even if your upload folder is empty. Others download bits and pieces of stuff from your cache folder. Well, unless you paid special attention to your filters.
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samuelp



Joined: 25 Nov 2007
Posts: 788
Location: Tokyo, Japan

PostPosted: Thu Jan 24, 2008 1:36 pm Reply with quote
mufurc wrote:
samuelp wrote:
And anyway, I only download stuff from share, not upload, which is actually perfectly legal in the country I currently live in Smile. (for now, anyway).

Actually, if you use Share you probably upload, too, even if your upload folder is empty. Others download bits and pieces of stuff from your cache folder. Well, unless you paid special attention to your filters.


I'm pretty sure that the people that have been prosecuted have been identified as the _original_ uploaders.
The way share works, not only do you upload anything in your cache directory, you also constantly download and upload bits and pieces of files in a "diffuse" manner, as part of how the p2p network works.

I'm not sure exactly how the Japanese copyright law is written, but at least so far it has only ever been applied to people who have been the original uploaders to the network, i.e. the people who scanned or captured the content themselves and uploaded it.
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Batman3777



Joined: 18 May 2007
Posts: 159
Location: Down the Shore, NJ

PostPosted: Thu Jan 24, 2008 1:39 pm Reply with quote
First off, the internet was originally designed to interlink the various United States military departments and divisions to provide fast and free data access across their domains, allowing better CnC flow, and also allowing NASA to actually have some way to process all of its data from various observations. The internet was not intended to distribute pirated copies of someone's copyrighted material.

Second, Why should someone's hard work end up in the public domain? Now who is being a communist? There is NOTHING more communist than saying someone's intellectual property should go to the people for the "greater good" or whatever your justification is for such stupidity. Another communist idea? Making people pay taxes for services they don't need or want! I don't download! I can wait for it to be dubbed and put on to DVDs. I don't download! I don't expect to get someone's hard work for free! I will not pay for someone to be able to download anime to their computers, legal or not. I have no use for that in either case, so if you want to download, YOU PAY FOR IT.

Copyrights and Patents and the like should last at least as long as the lifetime of the person who holds them. Maybe also plus 10 years or so, to balance out estate losses and such. A person is entitled to earn a decent living from his or her ideas and efforts for as long as he or she may live. By downloading content illegally, you are taking money away from them (royalties). For the very wealthy, like most American entertainers, this may not bother you (it does not bother me, yet I still do not download movies and such), but it is still true, and still illegal. Anime and Manga creators, from what I can tell, are not independently wealthy, and, as we can tell from Geneon and ADV, neither are the companies that distribute content.

Pay for what you want. That is capitalism, pure and simple, and capitalism is the driving force behind the world economy. If you don't like capitalism, well, vote communist and good luck with that. And if you can't wait for it to come to the states, tough!!! Stop being such a whining crybaby. Get some perspective on life instead of being a walking fetus. You are violating laws of some kind or another, and don't think you're some kind of hero for doing so. Robin Hood stole for the sake of people's survival. You can live without anime and manga until you have money to purchase it legally.

This is exactly what I feared when anime became too popular.
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Banshou



Joined: 20 Jan 2005
Posts: 20

PostPosted: Thu Jan 24, 2008 1:44 pm Reply with quote
What exactly was the virus supposed to do?
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