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Answerman - What Will The Trans-Pacific Partnership Do To Anime?


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sunflower



Joined: 04 Sep 2005
Posts: 1080
PostPosted: Mon Nov 16, 2015 5:51 pm Reply with quote
Lili-Hime wrote:
Hoppy800 wrote:
Even if IP is removed from TPP, the medical provisions can lead to the death of billions.

Ok now THAT is overreacting.


Yeah, millions is more accurate. And that is accurate, no joke.

But if this bill allows law enforcement to cross country lines to go after anyone that the big corporations tell them to (because that's what the music and motion picture associations are jonesing to be able to do), this will destroy our constutional rights. I hope SCOTUS will get their hands on this ASAP.
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Greed1914



Joined: 28 Oct 2007
Posts: 4470
PostPosted: Mon Nov 16, 2015 6:00 pm Reply with quote
This is why a little clarification would go a long way. Most fan activities should be ok, but I'd prefer to know ahead of time rather than try to make the argument after law enforcement got involved. I'd like to think that if the people and businesses that are supposed to be protected are asking to have some input, then there is a decent chance that the individual fan probably won't experience much of a difference.
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Aylinn



Joined: 18 Nov 2006
Posts: 1684
PostPosted: Mon Nov 16, 2015 6:03 pm Reply with quote
Engineering Nerd wrote:
I am kind of confused, someone please educate me.

Here is a comics that expalins TPP.
http://economixcomix.com/home/tpp/
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Rederoin



Joined: 29 May 2013
Posts: 1427
Location: Europa
PostPosted: Mon Nov 16, 2015 6:17 pm Reply with quote
The biggest problem with the TPP, TTIP etc... is that it gives even more more to the big business, what kind of person in the lower and middle classes wants this? Nobody who is sane, thats for sure. It won't benefit the people in those classes. And the stricter IP laws are only the tip of the iceberg.


Even a few left-wing parties here are for this agreement(TTIP), it makes no bloody sense
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Somewhere



Joined: 27 Sep 2013
Posts: 361
PostPosted: Mon Nov 16, 2015 6:24 pm Reply with quote
Nobody who is sane and knows at least a little about it. The relative lack of awareness among the general public is a critical aspect.
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Blatch
Thread Killer



Joined: 26 Sep 2013
Posts: 348
Location: Northeast U.S.
PostPosted: Mon Nov 16, 2015 6:26 pm Reply with quote
I wish that more people were aware of the TPP being about much more than just alleged censorship, copyright extensions, and a desire to "kill the internet"; it basically plunks down a bunch of chips in the favor of the big corporations. Heck, just look at the article that was linked to earlier.
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Emma Iveli



Joined: 19 Jun 2005
Posts: 679
Location: Hobo with internet
PostPosted: Mon Nov 16, 2015 6:28 pm Reply with quote
Quote:
For example, an AMV or fan art would not qualify for enforcement.


Thank you!

I'm saying that because on the other thread (because it was in the news) is saying how Fan fiction (which would be lumped together with those two) would taken down. Some people even going to ay fanfiction.net would be shut down... and as somewhat prominent fanfic writer that aspect is really important to me. [/quote]
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Mon Nov 16, 2015 7:11 pm Reply with quote
Quote:
because even though doujinshi is not manufactured on a large scale

Some are. And the problem is, no where does anyone say what the exact threshold of enforcement. In addition, what was not mentioned in this article is that once the ambiguous threshold is reached, enforcement is automatic. We have already seen small scale cosplay vendors being sued for example, even when the merchandise is logo/trademark free. At least those cases could be settled out of court in the US. The problem is the TPP doesn't reduce the penalities or type of case either. In the US it can be and most are, civil case pursued by plaintiff depending on scope, whereas in Japan it's a criminal case, which makes the automatic enforcement much worse.
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H. Guderian



Joined: 29 Jan 2014
Posts: 1255
PostPosted: Mon Nov 16, 2015 7:29 pm Reply with quote
They won't go after every fanart or AMV, all they have to do is prosecute a few, and then make venues that host fan works afraid to do so. One fan art won't affect the profits in a 'major way' but they can pressure sites where fanartists gather and say collectively that site enables a dent in their revenue. That could simply not happen, but why take the risk when the risk of doing nothing is a rather nice status quo for Japan.

What is more scary is that once laws like these go into effect it usually means they keep going. Look at early copyright laws and how they evolved.

I'd hate to see Japan's animation industry boil down to just a few key players that now how to leverage copyright best.
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Somewhere



Joined: 27 Sep 2013
Posts: 361
PostPosted: Mon Nov 16, 2015 7:48 pm Reply with quote
Aylinn wrote:
Engineering Nerd wrote:
I am kind of confused, someone please educate me.

Here is a comics that expalins TPP.
http://economixcomix.com/home/tpp/


Pages 22-23, while still covering trade agreements in general, are scary as hell.
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partially



Joined: 14 Oct 2007
Posts: 702
Location: Oz
PostPosted: Mon Nov 16, 2015 7:50 pm Reply with quote
Karl2 wrote:
But reconsider the illegal streaming sites, because I am one of many people that can't watch much anime legally and needs these sites to be active or otherwise I'm screwed.

And if I can't support the companies that way directly, whats the point?


I can only think you are trolling, if you think that is in anyway supporting.

That said are you even in one of the countries TPP covers? If you aren't, keep doing what you're doing.

If you are in a TPP country, keep doing what you're doing anyway. Although the wording of TPP leaves a lot to be desired, I suspend my disbelief that this will actually do anything like it says. I see the TPP as primarily promoting the interests of people who are already actively pursuing their copyright interests. Like the record, music and movie industry, pharmaceuticals etc. Everyone else, well the possibility is there, but I will believe it when I see it. Some will obviously take more action, the majority though? There are plenty of copyright infringements already active in the US which noone bothers about. They could, but they don't. I don't see this changing under TPP. TPP makes things a little easier, but that is really it.


Last edited by partially on Mon Nov 16, 2015 8:02 pm; edited 1 time in total
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zrnzle500



Joined: 04 Oct 2014
Posts: 3767
PostPosted: Mon Nov 16, 2015 7:58 pm Reply with quote
Rederoin wrote:
The biggest problem with the TPP, TTIP etc... is that it gives even more more to the big business, what kind of person in the lower and middle classes wants this? Nobody who is sane, thats for sure. It won't benefit the people in those classes. And the stricter IP laws are only the tip of the iceberg.


Even a few left-wing parties here are for this agreement(TTIP), it makes no bloody sense


I imagine you are talking about the poor and middle class in the rich countries. The poor and middle class in poor countries that are party to the TPP, such as Vietnam, are quite sane to want it (if they do, I haven't read any polls of the Vietnamese on the subject). The increase in trade from increased access to the America's and other rich countries' markets will greatly benefit the poor and middle class in the poorer countries. As for richer countries, freer trade could reduce prices, which is good for the poor and middle class, though at this point tariffs and other trade barriers are fairly low between most of the parties and in general that any changes will probably marginal. Now, certainly corporations have had too much influence on the process. The IP and Pharmaceutical portions are concerning, though the pharma portion was not as favorable to corporations as it seemed it was going to be.

Now the concerns about investor-state dispute resolution provisions are overblown. What most people don't mention when they decry the provisions is that ISDS cases are rarely brought against the US and the US has won every single case that was brought against it. More than 90% of trade agreements have operated without any ISDS claims of treaty breach. ISDS provisions are common in trade agreements and have for a while, so this isn't a new thing. Now certainly you could argue that they could give corporations too much power, but if previous ones are any indications, people in the US probably won't be affected. If you want any even-handed explainer on the ISDS provision read this http://www.vox.com/2015/11/10/9698698/tpp-investor-state-dispute-settlement
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mangamuscle



Joined: 23 Apr 2006
Posts: 2658
Location: Mexico
PostPosted: Mon Nov 16, 2015 8:09 pm Reply with quote
scchan wrote:
There seems to be enough Japanese domestic popular support to not go after fandom, so I do not think a strict enforcement is politically possible.


Let me remind everybody that Richard Nixon outlawed drugs because then he could legally pursue all those hippies that opposed the Vietnam war (and him). So whatever politicians say now does not mean that down the road there wont be another crooked politician that uses this law to legally oppress the people that might lift their voices against his policies. BTW, most people do not remember nixon or vietnam, but as time goes by it becomes harder to legalize drugs (yeah, they were not always illegal), so if this is not bitten in the bud, do not expect the next generation to correct the mistake.
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Greed1914



Joined: 28 Oct 2007
Posts: 4470
PostPosted: Mon Nov 16, 2015 8:44 pm Reply with quote
configspace wrote:
Quote:
because even though doujinshi is not manufactured on a large scale

Some are. And the problem is, no where does anyone say what the exact threshold of enforcement. In addition, what was not mentioned in this article is that once the ambiguous threshold is reached, enforcement is automatic. We have already seen small scale cosplay vendors being sued for example, even when the merchandise is logo/trademark free. At least those cases could be settled out of court in the US. The problem is the TPP doesn't reduce the penalities or type of case either. In the US it can be and most are, civil case pursued by plaintiff depending on scope, whereas in Japan it's a criminal case, which makes the automatic enforcement much worse.


Also, I could see somebody looking at events like Comiket adding up to a commercially significant violation. Even if individual vendors don't sell that many copies, there is still a lot of money changing hand in total, and it wouldn't be a huge stretch to claim that counts as a violation unless some firm limits are in place.
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Usagi-kun



Joined: 03 Jul 2013
Posts: 877
Location: Nashville, TN
PostPosted: Mon Nov 16, 2015 8:49 pm Reply with quote
Thanks for the clarification, Justin. It still seems like a big mess though. I really don't know how they are going to implement all of these factors, and some mentioned in these comments that I didn't even know about. The existing infrastructure has already been in place for so long, with a great deal of people in different countries affected by it for completely different reasons. If it does pass, I guess time and communication will be the biggest factors. Changing to the EURO comes to mind, but at the same time, I still have had my microchip card for almost two months and have yet to run into a retailer who supports that software yet. Depending on time and government organization...yeah. Go figure. Neutral
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