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NEWS: Google Search to Downgrade Sites With Copyright Removal Notices


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oblivious247



Joined: 16 Oct 2011
Posts: 242
PostPosted: Mon Aug 13, 2012 10:11 am Reply with quote
errinundra wrote:
oblivious247 wrote:
...Do I pirate? Yes. But unlike so many others who do, I have no delusions about it not being wrong...


It's not "wrong". It's illegal. There is a difference. Just as it isn't "wrong" to smoke marijuana and it isn't "wrong" to cross the street against a red light. They are just illegal. They may also have some unpleasant repercussions but still doesn't make them "wrong". Intellectual property laws were introduced to protect revenue streams and encourage creativity. They are a practical measure, not a moral measure. It is quite within the capability of any legislature to remove intellectual property laws.

The best solution to the issue is cheap and ready access to quality streamed content. Our access to legitimate anime content is growing by the day. Google's actions aren't of great concern to me.


Wrong and illegal are not, however, mutually exclusive. Maybe by your moral code it's not wrong, but it is to me. I know I wouldn't want something I worked hard on being pirated.

I posed a topic of discussion here several months ago considering the difference in opinion on piracy between manga fans and American comic fans. I find the difference quite fascinating. Manga readers seem pretty down with piracy, whereas American comic readers for the most part look down on pirates with great disdain.
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Errinundra
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PostPosted: Mon Aug 13, 2012 10:33 am Reply with quote
@oblivious247,

If I stream an anime from an unauthorised site, I have enjoyed the content but the content owner has not received any remuneration from my activity.

If I watch the anime via a DVD that my girlfriend has lent to me, I have enjoyed the content but the content owner has not received any remuneration from my activity.

If I borrow a book of poetry from a friend, memorize a poem, visit my girlfriend and recite the poem to her, we have both enjoyed the content but the content owner has not received any remuneration from our activity.

Are all these activities "wrong"? If not, what is the difference? If the second and third activity were made illegal, would that then make them "wrong"?
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oblivious247



Joined: 16 Oct 2011
Posts: 242
PostPosted: Mon Aug 13, 2012 12:21 pm Reply with quote
errinundra wrote:
@oblivious247,

If I stream an anime from an unauthorised site, I have enjoyed the content but the content owner has not received any remuneration from my activity.

If I watch the anime via a DVD that my girlfriend has lent to me, I have enjoyed the content but the content owner has not received any remuneration from my activity.

If I borrow a book of poetry from a friend, memorize a poem, visit my girlfriend and recite the poem to her, we have both enjoyed the content but the content owner has not received any remuneration from our activity.

Are all these activities "wrong"? If not, what is the difference? If the second and third activity were made illegal, would that then make them "wrong"?


The second and third activities are not comparable to the first one. Putting the video online gives it access to millions of people. Sharing content between a small circle of friends is insignificant in comparison.
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Polycell



Joined: 16 Jan 2012
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PostPosted: Mon Aug 13, 2012 12:29 pm Reply with quote
At what point does it become ethically significant? Would the Waltons be allowed to watch something together if they bought only one copy? How about the Duggars? What if I'm just screening it for a hundred of my closest friends?
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oblivious247



Joined: 16 Oct 2011
Posts: 242
PostPosted: Mon Aug 13, 2012 2:58 pm Reply with quote
With a small private showing you more or less have control of the situation. You paid for it and presumably the people you show it to won't copy it and send it around to others. When you put it online, millions of people have access to it and can do whatever they want with it, including further distribution.

Pirates grossly exaggerate just how expensive these items are. Buying a dvd once or twice a month isn't going to "bankrupt" you. And if it does, well then you have more serious matters to be attending to instead anyway. If someone produces a product you like, you should pay for it. It's only fair.
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Sunday Silence



Joined: 22 Jun 2010
Posts: 2047
PostPosted: Mon Aug 13, 2012 4:08 pm Reply with quote
Polycell wrote:
Given that YouTube says an old Fleischer Superman cartoon(public domain) belongs to a German company, I'd say it's safe to say it's broken(especially since we're talking about Viacomm(Paramount, which commissioned them and later acquired the studio) and WB(DC) as the "legitimate" 'owners' if there were any here).


You think thats bad? eBay VeRO (Verified Rights Owners) Program was ridiculously abused by some parties in the past, either because the "bot" they used wasn't as discriminate or there was active stifling of fair and legitimate trade. One of the more infamous cases actually involved the mother of a deceased music artist who got a little too takedown happy with her son's works.
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Kikaioh



Joined: 01 Jun 2009
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PostPosted: Mon Aug 13, 2012 10:00 pm Reply with quote
Polycell wrote:
No, what changes the fact is that it doesn't deal with property rights at all. The concept of "intellectual property" is much younger than the areas of law it describes.

You seem to be trying to reason that the word "property" isn't relevant in the phrase "intellectual property", which certainly has me furling the proverbial eyebrow. Whether the phrasing came after the rights were established seems moot to its meaning and its general usage in the legal system. Looking at Merriam-Webster and Wikipedia's entries for intellectual property may help to clarify my point, though I wonder if it's just your general belief that creative content shouldn't constitute a form of property (i.e., that if you wrote a book, you shouldn't be able to own it's content).

Polycell wrote:
Actually, the traditional definition of "monopoly" is a state grant that forbids competition by law, which stretches back hundreds of years. For example, the English Statute of Monopolies. The sense you refer to is a recent innovation(there's a reason it's the Sherman Antitrust Act) and doesn't really mean anything, given you can make most any business into a "monopoly" if you define the market right("virgin aluminum", anybody?).

Referring to "intellectual property" as monopolies isn't a semantic game - but claiming actual property as monopolistic is.

I only partially agree. From a market standpoint, I can agree that patents could be considered limited government-sanctioned commodity monopolization. But since we're talking about piracy of creative content, I would consider the various media industries and copyright to be more akin to monopolistic competition or oligopolies, in that there are a number of content-creators selling differentiated products (I don't think it makes sense to call a creative work a commodity without some twisting in the terminology, which is why I find your take akin to a 'private property' monopoly). Regardless, so long as you're using monopoly in a technical sense and not in a way that semantically games the discussion, I'm fine with that.

Polycell wrote:
Legal permission(license?) may line up with rights, but often doesn't(and thus they shouldn't be conflated).

I think whether legal rights and natural rights line up with one another varies from person to person, and depends on your personal opinion on what should/shouldn't constitute a natural right. I just wanted to point out that there's often a distinction between 'natural' and 'legal' rights, and it's not always correct to assume that 'rights' specifically refers to natural rights.

Mesonoxian Eve wrote:
Copyright apologist thinking and just another example of conflating issues. There's one slight problem with your analogy: owning a car or a knife is not a right.

I'm not sure you followed the analogy correctly. Certainly you have the right to own a car or knife if you lawfully purchased them, or even to own a hard drive, per Polycell's original statement. My point was that lawful ownership doesn't necessarily grant the right to do whatever you want with your personal property. Legally owning a car, knife or hard drive doesn't give you the right to drive through a stop light, stab a person with a knife, or to place copyrighted materials on your hard drive without permission. You're not entitled to those rights because they generally considered as unfairly infringing on the rights of others.

Mesonoxian Eve wrote:
I'll put this in an example to help you understand: in many countries, it's illegal for an artist to waive their rights.

In the US, artists are contractually obligated to do so, and guess who's writing those bills (turned to law)? It's certainly not the artist.

They have no legal right to do so. It's not their copyright anymore.

Now these distributors are fighting to strip artists of their rights by removing the clause which allows them to reclaim their copyright.

How is it an artist has to reclaim what's given to them by the Constitution?

That's a question no copyright apologist cares about answering.


I'm not sure how you're transitioning the conversation from private ownership rights to artist's rights in a corporate perspective; to me they're distinct issues, and not exactly related to what was previously being discussed. All the same, I'll try to address the points you brought up.

My personal perspective is that it's up to the artist to decide whether or not they're willing to forfeit some of their rights in exchange for the benefits that come from working in a corporate setting. No one is forcing artists to work for companies, and there have certainly been artists who've gone the independent route to find their own means of success while protecting their individual copyrights (Penny Arcade, AVGN, etc.).

There are a number of circumstances where contractual forfeiture of copyright does make sense. Imagine, for example, if an animator for The Lion King decided that he didn't want his particular frames to be a part of the movie anymore. It's instances like these where it stands to reason that Disney would ask an artist upfront to take part in the project only so long as they were willing to forfeit some or all of their copyrights for the art they produce for the company --- otherwise, the singular makeup of the film would be subject to the whim of every artist on the team. For a company running a business that revolves around artistic works built from numerous talents, it makes sense that a company would want to exercise extensive copyright control in order to protect the stability/quality of the product and maintain an effective business model.

I'm not aware to the issue of copyright reclamation, and I'll be sure to research it when I get the chance. That said, it may be better to focus the conversation on the question of piracy vs. copyright, as opposed to artist vs. company copyright.

oblivious247 wrote:
I posed a topic of discussion here several months ago considering the difference in opinion on piracy between manga fans and American comic fans. I find the difference quite fascinating. Manga readers seem pretty down with piracy, whereas American comic readers for the most part look down on pirates with great disdain.


That's interesting to know. I sometimes make a similar comparison between the anime industry and the console gaming industry. Whereas console gaming fans appear to appreciate the physical product, generally disapprove of game piracy and have reservations about the industry moving to a primarily digital format, anime fans seem to mostly not care for the physical product, embrace piracy (albeit perhaps not so much with the growth of legal streaming) and rally for the industry to move to the digital platform. To me it seems to be a matter of cultural expectations, based on the history of both mediums --- console games have generally been well-protected from piracy compared to other media formats (and have been available at a generally acceptable market price), whereas anime has had practically no protection at all (and at a fairly expensive market price to boot). In that sense, it often seems to me that certain forms of piracy are largely driven by culture and historical circumstance.

As an aside, I do enjoy taking part in conversations like this, but unfortunately it really takes far more time than I have to spare (which is often why I only jump into these conversations once in a blue moon). I mean, just look at this post --- it's a whale. Laughing So I may run out of time for this thread fairly soon, and my apologies ahead of time if I wind up having to exit from the conversation unannounced.
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Primus



Joined: 01 Mar 2006
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Location: Toronto
PostPosted: Mon Aug 13, 2012 10:27 pm Reply with quote
PurpleWarrior13 wrote:
Xanas wrote:
PurpleWarrior13 wrote:

Well, I'm highly against piracy. I don't think it's fair to the people and companies producing the material, and I don't believe anyone's entitled to these shows. I support adding some very loose guidelines to the internet if it's going to be so important in the future, but nothing too strong of course. I think these measures are appropriate. They aren't shutting down the sites, but they are discouraging their actions.

You're right, no one is entitled to those shows, so like all other data they will be copied.

The "guidelines" you would apply to the internet is vague, but regardless all such rules affect the choices of actual people, either being backed by threats or the use of physical force. This is unwarranted merely because you are "highly against" something.

If by "these measures" you refer only to the google search downgrade then I take no issue with that in and of itself. But the only reason google is doing that is because they are under threat of the confiscation of money and property that is theirs that they believe will occur if they don't go along with this. If this were purely voluntary, it would have occurred a long time ago.


It involves more than just me be being "highly against something". Piracy is flat out illegal, and if it involves taking these kinds of measures, then so be it. I know Google isn't necessarily doing it because it's the right thing to do, but I whole-heartedly support them in doing this.

TheAncientOne wrote:
Viz doesn't have their own player. They only use Hulu embeds.

Netflix Canada doesn't automatically have everything the U.S. site does, and that carries over to anime as well. From what little I have heard from those in Canada that have Netflix, it doesn't stream nearly as many titles as the U.S. version.


That's what I thought, and it is strange that Hulu isn't available in Canada. Usually streaming rights include US and Canada.

As for Nexflix, and other ways of viewing content, I'm sure there are several other legal sites to view anime, including Crunchyroll, YouTube (legal uploads from distributors), and ANN (which has it's own player for viewing many titles available on Hulu), and even if a particular show isn't available for legal streaming (this applies to anywhere BTW), then we have to simply remember that we are not entitled to viewing any show for free.


It's not really a surprise that Hulu streams are locked to the US only. Hulu was founded by US cable, and broadcast companies who have no real operations in Canada (rather, they sell their content to Canadian companies) and are too lazy to pick and choose compatible titles so they just region block everything.
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Polycell



Joined: 16 Jan 2012
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PostPosted: Mon Aug 13, 2012 10:58 pm Reply with quote
oblivious247 wrote:
With a small private showing you more or less have control of the situation. You paid for it and presumably the people you show it to won't copy it and send it around to others. When you put it online, millions of people have access to it and can do whatever they want with it, including further distribution.
Two examples that are several orders of magnitude apart don't answer the question of how many people are ethically allowed to enjoy a single copy.
Quote:
Pirates grossly exaggerate just how expensive these items are. Buying a dvd once or twice a month isn't going to "bankrupt" you. And if it does, well then you have more serious matters to be attending to instead anyway. If someone produces a product you like, you should pay for it. It's only fair.
Nobody here is presenting price as an argument. How about taking on what actually being said instead of attacking strawmen?
Kikaioh wrote:

You seem to be trying to reason that the word "property" isn't relevant in the phrase "intellectual property", which certainly has me furling the proverbial eyebrow. Whether the phrasing came after the rights were established seems moot to its meaning and its general usage in the legal system. Looking at Merriam-Webster and Wikipedia's entries for intellectual property may help to clarify my point, though I wonder if it's just your general belief that creative content shouldn't constitute a form of property (i.e., that if you wrote a book, you shouldn't be able to own it's content).
It's a strange form of property indeed that expires and becomes commons(not that Wikipedia backs you on the assertion). And again, to controlling the distribution of a work is to control the property of others who have nothing to do with you. There's also the minor fact that me making a copy of something you own doesn't deprive you of your copy.
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Errinundra
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PostPosted: Mon Aug 13, 2012 11:04 pm Reply with quote
oblivious247 wrote:
...When you put it online, millions of people have access to it and can do whatever they want with it, including further distribution...


Your original argument was that the viewer was doing something "wrong". My aim was to get you to think about viewer behaviour and attitudes.

As I said earlier the answer to the conundrum is cheap, quality legal streaming.
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Xanas



Joined: 27 Aug 2007
Posts: 2058
PostPosted: Tue Aug 14, 2012 7:25 am Reply with quote
Kikaioh wrote:

My point was that lawful ownership doesn't necessarily grant the right to do whatever you want with your personal property. Legally owning a ... knife ... doesn't give you the right to ... stab a person with a knife

I will eschew the term "legally" for the purpose of this argument, as I don't believe in state laws or that it's authority to determine the limitations of rights. From a propertarian perspective, strictly speaking, these aren't limitations on property rights but rather limitations on action.

You have no right to initiate violence/force against another, so by extension you can't use any of your own property to violate the rights of another person. The limitation isn't on the property itself, as in circumstances where you are not initiating force you are within your rights, such as if you stab someone to defend yourself.

Kikaioh wrote:

or to place copyrighted materials on your hard drive without permission. You're not entitled to those rights because they generally considered as unfairly infringing on the rights of others.

I excluded these comments, because they are all "state power grabs." The same is true of the red light. There are areas that have found many roads work better without lights at all. And if I run a red light when no one is passing through an don't hit anyone I haven't violated anyone's rights at all.

I absolutely reject the notion that positive law can grant "rights." Rather they involve the initiation of force against people who are not party to any agreement to obey these made-up laws.
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