Forum - View topicNEWS: Funimation Sends out Cease & Desist Letters For Multiple Anime
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Malintex Terek
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This isn't the first time, either. I'd thought FUNi's last dishing of C&D's was just a move of immaturity on their part in regard to their relationships with fansubbers (or in plain terms, they didn't know how rude they were being); doing it again, though, is a bit alarming. I'm totally behind FUNimation in their pursuits and (potentially) grabbing Mushishi will almost ensure a reservation on my shelf when the DVDs come out, but to announce licenses through C&D's is like prodding a sleeping bull with a heated iron prod; I'm disappointed. |
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Tempest
 I Run this place.ANN Publisher  Posts: 10425 Location: Do not message me for support. |
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Actually, most fansub groups have been pretty good about stopping the fansubs when asked nicely. And those that ignore the polite requests tend to ignore anything but a C&D sent directly to them... So yeah, Funi could have tried asking nicely first. But perhaps its their opinion that they shouldn't even have to ask ? Perhaps the higher ups at Funi feel that fansubs are wrong, period... I don't know. -t |
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Tempest
I Run this place. ANN Publisher Posts: 10425 Location: Do not message me for support. |
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Given that fansub distribution is illegal in the first place, the company suing fansubbers would have an immediate advantage in court. Whats more, the deep pockets of the plaintiffs would provide an even greater benefit compared to the limited means of the defendants to endure a long legal battle. I highly doubt that the EFF would step up to help the defence. The unresolved fansub debate would be meaningless. The big risk any company would be taking in such an action would be 1) significant fan backlash and 2) pushing fansubbers to "guerrilla tactics" similar to warez piracy groups; you can't sue or send C&Ds to people that you can't find. -t |
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Malintex Terek
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I do not think FUNimation is of the opinion that they can bully fansubbers into submission when a cordial "hullo chappies" would suffice. The FUNimation reps I know of certainly do not hold the opinion that the company be pithy with fansubs, though FUNi hardly has a martial relationship with online fans like Viz does. My theory is that it's either a recourse at the behest of a Japanese company or an internal failure of communication within the corporate hierarchy; possibly, someone took a preemptive step during the license securing or misinterpreted an executive officer's intent (where a "stop" to fansubbing was seen as sending a C&D rather than a letter). A final possibility is that the C&D is just less time-consuming than writing out a letter; although fansubbers carry a certain degree of integrity, not all of them are willing to cease subbing during or after a license has been aquired. By writing the C&D first, it serves as an ultimatum to all subbers, not merely a request. |
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indrik
 Posts: 365 Location: yonder |
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A C&D letter doesn't have to be rude and legalese. It could (almost literally) say hey guys, we licensed this, please stop. I imagine there's somebody out there with a text of the letter, and I'll grant that it's not likely to be cordial, but even a nice little note written by a lawyer and sent registered mail can count as a C&D letter if it's got all the relevant information in it.
My understanding of the whole suing fansubbers thing (I'm open to corrections) is that in order to recover damages, a distributor would have to prove damages. That is, they can't get back money unless they prove they lost money. But if their goal is just to get the subbers to stop, all they have to do is prove who's subbing, and the subbers can be legally forced to stop. As effective as that may be, point on warez well taken. But the subbers would still have to come up with court costs, which could be substantial: imagine having to come up with a couple or ten thousand dollars. That would surely shut me down fast. |
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LightYagami
 Posts: 257 Location: around the midwest |
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If I recall correctly about six months to a year ago didn't funi take a similar action regarding a certain fansub group who shall not be named in regards to Tsubasa Chronicles and Fullmetal Alchemist?
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Tempest
I Run this place. ANN Publisher Posts: 10425 Location: Do not message me for support. |
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Th reps you know aren't the "higher ups." In regards to them I fully agree with you. In regards to the higherups, I won't speculate, merely offer possibilities (as opposed to likelyhoods). |
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Colonel Wolfe
 Posts: 370 |
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I just think that FUNI overstepped their bounds by sending out C & D letters to these fansub groups. While I applaud them for protecting their rights to the anime that they license it's way over their authority for sending out those letters to titles that they haven't even licensed yet.
While I'm guilty of downloading anime just to check it out to see if it's something I'd like to buy on DVD here in the U.S., I do think that FUNI should be ashamed of themselves and I imagine that those fansub groups are simply laughing at FUNI for jumping the gun on something they don't have the right to enforce. |
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Shiroi Hane
Encyclopedia Editor
 Posts: 7580 Location: Wales |
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Where is the proof that they haven't? All we know is that it hasn't been officially announced. I think all the series in the last round of C&Ds were eventually announced (Solty Rei was announced wasn't it?) See also Tempest's posts for the other valid reasons, such as being asked to do so by the Japanese company. |
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Zalis116
Moderator
 Posts: 6872 Location: Kazune City |
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More C&Ds probably would drive more things to the guerilla underground world of IRC, fserves, and direct download sites, which would make pirated anime less available to the casual fans who aren't technologically saavy. And every time this issue comes up, I always wonder why the companies are so scared of fansubs, given the other, more insidious forms of piracy out there. |
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Abarenbo Shogun
 Posts: 1573 |
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A nice package of flowers, with one rose head cut, with a note "Stop Fansubs." Should get the point across. |
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cardcaptor_yue
Posts: 30 |
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I don't see what the problem is yet if there is no offical licsence, on their anime club websites they actually mention fansubsas a way to go, so really they shouldn't have to step in unitl they have such authority to do so. As long as an Anime title is not legally liscensed here in America they really can't saymuch, oh and Funimation if your reading this FANSUBS ATTRACT attention to the works and spark interests, Full Metal Alchemist would not have gone this far I feel if it wasn't for fansubbers getting people interested first. I can tell you that if it wasn't for fansubs I would not be as into Japanese Anime as much as I am.
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luffypirate
 Posts: 3186 |
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damn i wish someone finished subbing mushishi...
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Shiroi Hane
Encyclopedia Editor
Posts: 7580 Location: Wales |
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Source? I've checked www.operationanime.com and see nothing of the sort.
If you know for sure that they don't then you have inside sources no-one else does.
AGAIN, SOURCE? I've yet to see conclusive proof either way. |
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BeyonderZ
Posts: 35 |
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Don't bother trying to talk with Dumb Ass Anime Fans. They would lie down and die for FUNi.
Companies care little to nothing about current fans of a series, what they are going after billy bob and sarah jones down the street from you that have never heard of the series. |
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