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NEWS: One Piece's Newest Episode Leaked Before Japan's Debut


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Daizo



Joined: 03 Feb 2009
Posts: 139
PostPosted: Tue Jun 02, 2009 8:10 am Reply with quote
hikaru004 wrote:
The definition of computer hacking allows for exceeding authorized access. The changing of a url to get to a file from a website that was not meant to be shown for 24 hours is clearly "exceeding authorized access".


Except there's no "exceeding authorized access" in accessing files that have public read permission, in other words their authorized access includes public read permission as in anyone is free to download the files in question with public read permission. If FUNimation had denied public read permission for the files (which can be done with very simple CHMODing), it would be "exceeding authorized access" if any public user would get their hands on that particular file on the server, but again, this was not the case here where the file had public read permission.

How many times do I need to repeat this?
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Charred Knight



Joined: 29 Sep 2008
Posts: 3085
PostPosted: Tue Jun 02, 2009 8:15 am Reply with quote
muppsatan wrote:
Charred Knight wrote:
Daizo wrote:
Indeed, as the one who put the torrent up probably seeded it too, which would be copyright infringement.

But as I said, spreading information about the leak by FUNimation in the way I explained would be completely legal. FUNimation is the one that leaked the episode, the other people just performed copyright infringement by spreading the leaked episode further via seeding the torrent for the file. The only one to blame for the leaking itself is FUNimation as they are the ones who leaked it.


So if I see a guy with his gun nearbye, then I shoot the guy I shouldn't be arrested for murder because his Gun wasn't properly secured?

Your posts are nothing but making excuses for copyright infridgement.


Is it just me who seems to notice that Daizo never claimed they did NOT perform copyright infringement and simply gave a theoretical situation where copyright infringement would not apply.
The loss of income you are trying to debate is from a breach of contract(most likely) and not from copyright infringement, the copyright infringement loss of income would only be on the same scale as any other fansub.


What's the point of talking about theoretical situations?

Where talking about what actually happened

All Daizo is doing by bringing up theoretical situations is making excuses for why he shouldn't have to pay Oda any money to watch One Piece.
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Tue Jun 02, 2009 8:18 am Reply with quote
Daizo wrote:
hikaru004 wrote:
The definition of computer hacking allows for exceeding authorized access. The changing of a url to get to a file from a website that was not meant to be shown for 24 hours is clearly "exceeding authorized access".


Except there's no "exceeding authorized access" in accessing files that have public read permission, in other words their authorized access includes public read permission as in anyone is free to download the files in question with public read permission. If FUNimation had denied public read permission for the files (which can be done with very simple CHMODing), it would be "exceeding authorized access" if any public user would get their hands on that particular file on the server, but again, this was not the case here where the file had public read permission.

How many times do I need to repeat this?


Like I said it's up to lawyers to argue. My stance is by accessing a file before it was meant to be shown is exceeding authorized access as stated by the viewing schedule. It was authorized to be accessed on May 30th 9 PM CDT. That time was clearly posted on onepieceofficial.com . Any viewing before then is unauthorized.

Just because you see candy in the shop doesn't mean you grab a handful and run out of the store without paying for it. If this wasn't true then shoplifting would be legal.
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Daizo



Joined: 03 Feb 2009
Posts: 139
PostPosted: Tue Jun 02, 2009 8:31 am Reply with quote
Quote:
My stance is by accessing a file before it was meant to be shown is exceeding authorized access

Except that your "moral" stance or whatnot is completely wrong from technical and legal viewpoint. Plain and simple.

Quote:
It was authorized to be accessed on May 30th 9 PM CDT.

Wrong again. According to Toei's and FUNimation's contract, FUNimation was authorized to release and distribute the file May 30th 9 PM CDT. However, they did this earlier than what had been agreed on, thus breaching their contract and leaking the file.

Quote:
Any viewing before then is unauthorized.

Really? According to your logic then watching the show in Japan when it airs is unauthorized because it happens before FUNimation is authorized to release and distribute the episode online.

Also, you should really stop making stealing analogies as none of them are appropriate here.

And in regards of the "theoretical situations", the point was that the only illegal thing done by the people who made the torrents was unauthorized redistribution of copyrighted material, which is no different from your average fansubs. They did not leak anything, they are in no way responsible for the leak, the only one responsible for the leak is FUNimation as they were the ones who leaked the episode.
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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782
PostPosted: Tue Jun 02, 2009 8:37 am Reply with quote
LordRedhand wrote:
So even if the file itself has been allowed to public read permission, you do not have the allowances to take just by going to their site. So guess what? The person who did this is still infringing.

I can see you've not done much to learn about the differences discussed in this thread, and that's a shame. Your porch analogy is completely off base, LRH. Please read up to understand why.

Copying the show is of little consequence in the article's scope. I'm sure more than one person realized the episode was available.

The issue stems from the unauthorized distribution of the episode, regardless who, and how, they did it. An attempt at bringing together a new form of distribution was literally destroyed by this action.

However, I'm still at a loss why the event was cancelled. I'm sure there's quite a few people who were looking forward to this event. For both Toei and FUNimation to outright cancel the event is completely shameful, just because the episode leaked.

Imagine, for just a second, if this tactic becomes more widespread. What, FUNimation now cancels DVD distribution because a fan sub site aired the series first? Wolverine doesn't hit the theaters because a pre-production video was released?

IMO, this is an extremely bad decision for Toei and FUNimation to make. It means the "pirate" wins and the fans lose.

I'm sure there are those who simply couldn't wait and torrented the file. But who the hell cares about these people? This entire thing was about the event, not necessarily the show in question.

So, thanks Toei and FUNimation, for treating everyone like a damn pirate by canceling the event because you believe everyone's watched the One Piece episode due to its unauthorized distribution.

I've not seen it. Now, if I want to, the only choice I have is through unauthorized channels. Smart. Real damn smart.

For those blaming FUNimation, I get your point, but it's irrelevant. So are the persons who distributed the episode. The resultant is what you should focus on, given it's the article's scope which lead to the other news of the simulcast cancellation.

That has me more angry than anything else.
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Waryas



Joined: 05 Jan 2009
Posts: 37
Location: Somalia
PostPosted: Tue Jun 02, 2009 8:42 am Reply with quote
Quote:
@dan88: That Twitter post occurred after the leak was found and posted. FMA:B was prob taken down as a result of the OP leak. The ANN news timeline strongly suggests that. It's not like FUNi is going to come out and say that.


After the "early leak" statement, koda's time bending ability and THIS, i'm almost certain that either your computer clock is messed up or you live in another space-time continuum.
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Blood-
Bargain Hunter



Joined: 07 Mar 2009
Posts: 23832
PostPosted: Tue Jun 02, 2009 8:42 am Reply with quote
For me, all this finger-pointing over who is to blame is irrelevant. All I care about is that legitimate simulcasting and streaming continues to grow so that even more titles become available faster. I'll be seriously pissed if this incident puts a crimp in that goal.
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KabaKabaFruit



Joined: 20 Sep 2007
Posts: 1873
Location: Winnipeg, Manitoba
PostPosted: Tue Jun 02, 2009 9:51 am Reply with quote
PetrifiedJello wrote:
IMO, this is an extremely bad decision for Toei and FUNimation to make. It means the "pirate" wins and the fans lose.

I doubt FUNimation wanted to cancel the simulcast. Toei most likely demanded that they pull the episodes. And in all honesty, do you think Toei cares about this "extremely bad decision"? They only care about what's written on a legal document, not what regular Joe Schmoes like us think. Otherwise, we could've had DVD releases of a wide array of their library. Remember, Toei is VERY protective of their properties.
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xScar



Joined: 20 Dec 2006
Posts: 288
PostPosted: Tue Jun 02, 2009 9:58 am Reply with quote
hikaru004 wrote:

I didn't say that the other 2 titles were loss. Their streaming (FMA and Phantom) was disrupted for a time. However, with streaming disruption, there is loss of income. Calling in staff (IT staff) off hours also results in loss of income.


Not one thing has happened to Phantom... it's remained up... The only thing that did happen to it is that they changed the filenames, so right when they did, the videos didn't work for a few moments; however, they were soon back up.

FMA, yes, it was disrupted. But that was a decision FUNi made. They could have left it up while they upgraded/created their security, but they chose not to. Not sure what is really different for FMA to go down and not the hundred other series FUNi has it, since FMA is a complete FUNi title, not just an agreement from the Japanese companies like One Piece, Slam Dunk, Digimon, Pretty Cure, Air Master, what a few other things. It would seem more likely to me that they would take down the other Toei series for the time being...
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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782
PostPosted: Tue Jun 02, 2009 10:02 am Reply with quote
KabaKabaFruit wrote:
And in all honesty, do you think Toei cares about this "extremely bad decision"? They only care about what's written on a legal document, not what regular Joe Schmoes like us think.

NO ONE here knows what's on that legal document, so speculation is irrelevant. If Toei demanded the cancellation of the simulcast, I'm more inclined to believe it's to put pressure on fan sub sites rather than themselves for a PSA of "See why fan subs are bad?"

The fallout of this is too early to speculate, but I'm guessing Toei's going to find out just how much hurting fans is going to come back to bite them.

People don't care about downloaders/fan sub sites when they make the ethically right decision to do what the companies in charge ask them to do.

Imagine how they feel now. No legal document is going to circumvent this feeling.
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
Location: England, UK
PostPosted: Tue Jun 02, 2009 10:06 am Reply with quote
This has got the stench of a "hack for the glory" reeking all over it. But for once I have agree with tofusensei. FUNi went sailing into the anime equivalant of the coast of Somalia like they never heard of the place, or what it is famous for. Very nieve for a company like that. I bet they don't think it's very FUNi now. Wink


tempest wrote:
GaryPotter wrote:
Anyone who thinks TV is going to die is smoking wacko tobacco.


TV as you know it is going to die. The future is in converged, on-demand media over the Internet.

Obviously it isn't going to happen over night. It's going to be a long a drawn out process, much like the slow death that newspapers and magazines are going through right now.

But I'm willing to bet a lot of money that in 10 years (yes, my money (investments) is where my mouth is), when you sit down in front of your TV to watch episode xx of your favorite show, it will be at the time of your choosing, it will be on demand, and no local TV station will be involved.

-t
Exactly! PC World here in the UK already advertise a little wi-fi box that allows you to watch what ever you downloaded on your PC, on to your big screen tele, and our Sky Broadcasting has just started a service of serving movies and sports down to peoples X-box 360s. The BBC already have an i-player service for repeats.
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KabaKabaFruit



Joined: 20 Sep 2007
Posts: 1873
Location: Winnipeg, Manitoba
PostPosted: Tue Jun 02, 2009 10:47 am Reply with quote
PetrifiedJello wrote:
NO ONE here knows what's on that legal document, so speculation is irrelevant. If Toei demanded the cancellation of the simulcast, I'm more inclined to believe it's to put pressure on fan sub sites rather than themselves for a PSA of "See why fan subs are bad?"

The fallout of this is too early to speculate, but I'm guessing Toei's going to find out just how much hurting fans is going to come back to bite them.

People don't care about downloaders/fan sub sites when they make the ethically right decision to do what the companies in charge ask them to do.

Imagine how they feel now. No legal document is going to circumvent this feeling.

FUNimation put the new episode up before it aired in Japan. They weren't supposed to do that. They breached their agreement with Toei. Toei told FUNimation not to do that. That's all there is to it.
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FaytLein



Joined: 21 Jun 2008
Posts: 1260
Location: Williamsburg, VA
PostPosted: Tue Jun 02, 2009 11:20 am Reply with quote
Sophisticat wrote:

You're perfectly right, but that doesn't excuse Funi's poor security. Assuming a moral high ground point of view doesn't validate a pro-funi argument, either, since it's Funi's responsibility to protect their assets. That this episode was uploaded is irrelevant, given people could have simply gone on to download future episodes by being in on the security flaw.

Blaming the "culprit" here is meaningless, since all he/she did was change the distribution channel so as to provide to a wider audience. Nothing changed.

Really, if there's one thing you learn that is paramount in any business, it's that you learn to protect your assets. This is basic knowledge, which Funi did not apply. That they should get a pass because their fanbase "disrespected" them is an inane argument, at best.


Now, pardon me if I get this wrong, but it seems generally that there are two mindsets at work here.

The first is that Funi, through there own neligence, is COMPLETELY responsible for the video being put up for torrenting, potentially lost their license for OP, so on and so on.

The second is that the person who uploaded the file, should be prosecuted to the fullest extant of the law for violating Funi's license.

Both are equally valid, compelling arguments. And guess what?

They are both 100% true, and will more than likely happen. Funi is going to get hit, and hit HARD when the dust settles about this, since it was their fault for not securing the file that could potentially do very bad things to their relationship with Toei. By the same token, the uploader is going to get his head handed to him for violating the law, as people should when they break the law.

Nobody, the uploader or Funi gets a get-out-of-jail-free-card in this situation. One was negligent, the other was a thief. However, people can't use someone's negligence as an excuse to break the law, which this person did. All this talk about a "hack" is unneccessary, since this person probably isn't going to get charged with hacking, but with unlawful distribution of something that isn't yours.
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KabaKabaFruit



Joined: 20 Sep 2007
Posts: 1873
Location: Winnipeg, Manitoba
PostPosted: Tue Jun 02, 2009 11:43 am Reply with quote
Remember kids, today's secret word is "before", not "after". Wink
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Daizo



Joined: 03 Feb 2009
Posts: 139
PostPosted: Tue Jun 02, 2009 1:25 pm Reply with quote
FaytLein wrote:
[...] the uploader is going to get his head handed to him for violating the law, as people should when they break the law.


Except it's more likely that absolutely nothing will happen to the uploader, as it's pretty much impossible to determine who exactly is the uploader. It could be absolutely anyone from any part of the world. He'll most likely get out of this completely unharmed, just like every other anime uploader ever (besides a few unlucky Japanese persons).

Then we can also question the morality of non-profit file sharing etc etc but they don't really belong to this particular subject, as under current laws, non-profit file sharing is still illegal.
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