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NEWS: Funimation Serves Akadot With Cease & Desist


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wparasyte



Joined: 11 Nov 2005
Posts: 2
PostPosted: Fri Nov 11, 2005 4:36 pm Reply with quote
halo wrote:
hooliganj wrote:
You, as a consumer, are free to purchase Japanese goods from the original creators or any Japanese store willing to ship it to you.


That isn't true.
[...]
But, iirc, there are ex post facto laws. They might be allowed to sell the remainder of their stock if it was purchased and put on sale before FUNimation had these rights, but I would assume FUNimation had these rights long before they announced them.


Not true. You need to read up on your Title 17. Even before FUNimation licensed FMA it was illegal to import copies of the soundtracks for resale.

The only allowed importation under US copyright law is from an overseas retailer, for your own personal use. Or for your school anime club it looks like.

Importers are operating in a gray area all the time, where the government can't seize their imports unless they're bootlegs, but the copyright holders are still 100% able to sue them for damages.

Going after Akadot or any other importer for hobbyists is going to be a bad PR move, but completely legally supported since Akadot is violating copyright.
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ACDragonMaster



Joined: 23 Aug 2004
Posts: 405
PostPosted: Fri Nov 11, 2005 4:36 pm Reply with quote
Here's another thing for you all to think about...

From what I know of Funimation, this seems oddly extreme for them to do. However, from what few news bits I've seen reported about the parent company Navarre, that would make sense.

Now, this is just my own speculation, but look at this. Navarre owns Funimation. Navarre for the most part doesn't seem to interact with Funi much, except that they distribute the merchandise. All of it. And their own site states that they specialize in distribution of things like DVDs and music.

Would Navarre have a reason to tell Funi to crack down on something like this? I think it's possible, at least. Seeing as how not long ago it was reported here on ANN that Navarre was facing legal charges, it's not impossible that they'd turn to going after anything and everything that could possibly detract from their sales.

Is this actually the case? I wouldn't have any idea, but I'd suspect that there's more at work here than just a reactionary Funimation.
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Kiyoko



Joined: 27 Jul 2003
Posts: 131
Location: Pennsylvania
PostPosted: Fri Nov 11, 2005 4:48 pm Reply with quote
I can understand Funi wanting to protect their investment. However I hope this just applies to items they actually will release in the United States.

I will always buy the domestic release items when I see them in stores, but there are some things you just can't get in the states. That goes for most series. Does Funimation plan on releasing the Flame Alchemist umbrella, the FMA wash towels, the little Gasshopon figures, little chibi rubber stamps? I doubt it.

So I really hope their "exclusive rights" applies to only items they plan to sell state-side.
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Strategos



Joined: 25 Sep 2004
Posts: 91
Location: Ohio
PostPosted: Fri Nov 11, 2005 4:58 pm Reply with quote
So instead of going after the dozens of sites that sell bootlegs and the hundreads of auctions on eBay that sell bootlegs, they go after a small site that sells legitimate merchanidise with pure legal bullshit. This is absolutely absurd. Is Funimation TRYING to destroy whatever positive relationship they may have gained within the anime fans and community? This is the stupidest thing I have seen in a long time.

WTG Funimation, yet another absurd action by a North American anime distributor. Instead of attacking the rippers and bootleggers, they go after legitimate sites. Good Job!
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halo



Joined: 11 May 2004
Posts: 356
PostPosted: Fri Nov 11, 2005 5:04 pm Reply with quote
wparasyte wrote:
Title 17. Even before FUNimation licensed FMA it was illegal to import copies of the soundtracks for resale.


I would assume that the distributor who Akdot purchased these from in turn purchased them from the Japanese distributor who had knowlage that they were going to be resold. The key part of Title 17 is "...without the authority of the owner of copyright..." Usualy, unless there is a domestic license, permission is assumed unless there is a reason not to (like this instance.)

@Keonyn I spent 2 years majoring in business and economics so I know the basics. The threat of a boycott is still a pretty powerful means of getting the point across. No one is trying to "villify" FUNimation. I only pointing out the stupidity of it. Aniplex is a Sony company, what if the next import CD you play in your computer not only tells you you're American and not allowed to play it but also installs a rootkit since your running a US localized Windows version since Sony is already being sued for using this as a copy protection scheme?
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Ialdaboth



Joined: 09 Nov 2004
Posts: 94
PostPosted: Fri Nov 11, 2005 5:09 pm Reply with quote
Exactly my sentiment, too. Japanese items are legitimate, and we are free to buy them.

So much for corporations respecting customer's rights, free trade and globalization when it gets in their way.

Well, in any case I'm stopping to buy anything from Funimation right now.
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Starwind Amada



Joined: 26 Sep 2004
Posts: 981
Location: Easton, PA, USA
PostPosted: Fri Nov 11, 2005 5:15 pm Reply with quote
Ialdaboth wrote:
Well, in any case I'm stopping to buy anything from Funimation right now.


Real stupid, IMO. Just stupid. So because of one stupid move, you're never buying anything from them again? So when they come out with the FMA movie, you'll just pass it up or grab a bootleg because they wouldn't let a store sell CDs that you probably wouldn't buy and could just download anyway? Right. The only anime distributor that deserves to be boycotted is 4Kids.
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halo



Joined: 11 May 2004
Posts: 356
PostPosted: Fri Nov 11, 2005 5:35 pm Reply with quote
Ialdaboth wrote:
Exactly my sentiment, too. Japanese items are legitimate, and we are free to buy them.


No we're not, that's the main point here.

Quote:
So much for corporations respecting customer's rights, free trade and globalization when it gets in their way.


Um, this is free trade and how capitalism in general works. FUNimation really is the party in the right here. They're just going about it the wrong way. Turn off the Rage Against the Machine CD for a minute.

Quote:
Well, in any case I'm stopping to buy anything from Funimation right now.


I assume this is what Keonyn was talking about. Usualy upset consumers who want to make a differance will try to open a dialoge with the company in question first. A boycott really isn't good for anyone, including the consumer. It's usualy a last resort and more of a threat. Though if they do continue to over-agressivly go after importers and leave bootlegers and file sharers alone I'll personaly boycott them and that extends beyond just merchandise.
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bquinn



Joined: 08 Jul 2005
Posts: 19
PostPosted: Fri Nov 11, 2005 6:07 pm Reply with quote
So they decide to go after people selling legal imports, rather than the countless people selling true bootlegs.

good job .
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darkhunter



Joined: 13 May 2004
Posts: 2992
Location: Los Angelas
PostPosted: Fri Nov 11, 2005 6:08 pm Reply with quote
Strategos wrote:
So instead of going after the dozens of sites that sell bootlegs and the hundreads of auctions on eBay that sell bootlegs, they go after a small site that sells legitimate merchanidise with pure legal bullshit. This is absolutely absurd. Is Funimation TRYING to destroy whatever positive relationship they may have gained within the anime fans and community? This is the stupidest thing I have seen in a long time.

WTG Funimation, yet another absurd action by a North American anime distributor. Instead of attacking the rippers and bootleggers, they go after legitimate sites. Good Job!


Well funimation isn't selling the ost directly to comsumer. The only way you can get them is through their LE boxset. The first box came with OST1 and the second box will come with OST2. The reason they're putting a stop to legit sale is so people would get the OST only by buying the Vol. 6+ LE Tin Box.
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Number Six



Joined: 14 Apr 2005
Posts: 84
Location: Southern California
PostPosted: Fri Nov 11, 2005 6:20 pm Reply with quote
halo wrote:
Ialdaboth wrote:
Exactly my sentiment, too. Japanese items are legitimate, and we are free to buy them.


No we're not, that's the main point here.

Exactly how are we not free to buy legally made products?

halo wrote:
Quote:
So much for corporations respecting customer's rights, free trade and globalization when it gets in their way.


Um, this is free trade and how capitalism in general works. FUNimation really is the party in the right here.


No, in a truly free trade, capitalistic environment, the creator makes the product and sells it. The buyer then can then resell it to anyone they choose. If the maker of the product chooses to sell it to multiple parties, then a buyer can choose to purchase it from any one of those parties and then resell it again.

To me, this business of "exclusive right" to sell smacks of market manipulation and monopolistic business practices. It has nothing to do with copyright and everything to do with trying to control the market and pricing.
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HitokiriShadow



Joined: 09 May 2005
Posts: 6251
PostPosted: Fri Nov 11, 2005 6:32 pm Reply with quote
Remember that Funimation is including the soundtracks with the Fullmetal Alchemist Collector's Tins*. Perhaps they are concerned that these imported soundtracks would hurt sales of their Collector's Tins? It's stupid reasoning, I think, but something to think about.
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Fri Nov 11, 2005 6:37 pm Reply with quote
halo wrote:

@Keonyn I spent 2 years majoring in business and economics so I know the basics. The threat of a boycott is still a pretty powerful means of getting the point across. No one is trying to "villify" FUNimation. I only pointing out the stupidity of it. Aniplex is a Sony company, what if the next import CD you play in your computer not only tells you you're American and not allowed to play it but also installs a rootkit since your running a US localized Windows version since Sony is already being sued for using this as a copy protection scheme?


That's an interesting point. Is that rootkit on our Region 1 FMA OSTs? Has ANN heard anything about rootkits on anime OSTs?
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ACDragonMaster



Joined: 23 Aug 2004
Posts: 405
PostPosted: Fri Nov 11, 2005 7:05 pm Reply with quote
HitokiriShadow wrote:
Remember that Funimation is including the soundtracks with the Fullmetal Alchemist Collector's Tins*. Perhaps they are concerned that these imported soundtracks would hurt sales of their Collector's Tins? It's stupid reasoning, I think, but something to think about.


Well... considering that the CDs in the tins are marked as not for individual sale and all, I wonder if Funi plans on eventually releasing them seperately at some point in the future, similar to what Bandai did with the .hack OSTs. First use it as a promotional item, then once all the people who'd be interested in buying the tins have probably already done so, release the OST seperately and watch everyone snap it up that missed the chance before.
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Raoh



Joined: 28 Jul 2003
Posts: 357
Location: Florence, OR
PostPosted: Fri Nov 11, 2005 8:29 pm Reply with quote
...and my dislike for Funimation grows just that much more.

There are no laws against importing and selling.

I find this to be idiotic. Sure, they are selling them in the North American market, and I do agree with some of Funimation's case. However, the world is based on importing and deporting.

If someone doesn't like the American version, they import the Japanese version. Thats how it goes. Akadot is a store that sells Imported items to those who want them (sans the import fees).

Nice job in losing more respect, Funimation.
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