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NEWS: New Survey: Reactions to Geneon


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Sakurachan1



Joined: 06 Sep 2006
Posts: 42
PostPosted: Thu Jan 31, 2008 6:16 pm Reply with quote
Zalis116 wrote:
You have to admit though, that fansubs were a different beast back then. I wasn't around in the VHS trading days, but realistically, how many people got their hands on fansubs of a given series back then? A few hundred? A few thousand? That's a far cry from the tens to hundreds of thousands who get them today,[/quote]

Yeah the trading days were pretty different in terms of quantity, but back then the community as a whole was a lot smaller. Word of mouth carried a LOT of weight, and you knew if something was available in China Town or at the local Comic shop it was bound to be good. In my line of work I do a LOT of tracking for, fundraising, marketing and customer retention purposes. I would love to see the actual numbers that industry insiders and wannabes keep talking about. Sure an uploaded file has the potential to reach millions, but how much of that actually turns into a lost sale one year later? Granted it might be impossible to actually track that sort of data, but it would be nice to see it.

[/quote]As for the Geneon questions, if it wasn't okay before the shutdown, it's not okay after the shutdown. Yes, I do some of these "not okay" things, but at least I'm not kidding myself. Although now that I think about it, I don't think I've DLed any of Geneon's halted series since the shutdown...but that's because prior to the shutdown, I'd already DLed pretty much everything I was interested in.[/quote]

See, I know most fans have already seen a lot of the shows that are being put on hiatus. While I watch fansubs, there are certain shows I won't get into because I want the surprise once the DVD's come out. So , for a while I was stuck not knowing the outcome of certain shows until I broke down and watched them. I actually prefer my DVD player to my computer though.
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Mohawk52



Joined: 16 Oct 2003
Posts: 8202
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PostPosted: Thu Jan 31, 2008 6:16 pm Reply with quote
Ohoni wrote:
Anyways, discussions of legality only matter to those who care, and those who care really end up factoring out of the situation anyways.
Yeah you don't find very many people who care doing time in prisons these days, Not like in the past.
Quote:
Ironically, the US anime industry is in the same position vs. the US DVD industry as the US Comics industry is vs the US Manga industry, that is that all are subject to piracy, and yet the two latter do much better than the two former because their price vs. value model is so much more consumer friendly.
Is there a subtitle for this? Can someone translate it for me?
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P€|\||§_|\/|ast@



Joined: 14 Feb 2006
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PostPosted: Thu Jan 31, 2008 6:44 pm Reply with quote
joshjoshlol wrote:
The consumer isn't the one whose business it is to appease the company by buying their wares; it's the other way around, and always has been. If you don't have the customer in mind, and don't adapt your business model, it's only a matter of time before you are marginalized and cast off like the dead, rotting flesh you are.

Again, we consumers are not moral saints. I cannot drive this fact home hard enough...


Yes I do agree with this, consumers (and their pocketbooks) aren't slaves to retail businesses and distributors. But there is a certain supply and demand structure that needs to be maintained for any product to stay in the market. I actually do criticise Geneon for things they could have done better to make their company better withstand fluctuations in the consumer landscape, like better promotion and advertising: this is actually quite difficult with such a specialized product, they depend on customers (the fans) taking the initiative in finding what they like. But I think the big clincher which Geneon was lacking, was not catering to the mainstream and casual fan. Almost all of their licenses were risky ventures, I don't think it's fair to use your subjective criticism to say most of them sucked or say their adaptations were lackluster. Every show has a certain dedicated following.

Other companies like FUNimation did not make this mistake, they marketed the Dragonballs and other very popular titles without the fan in mind but it made them money. However Geneon chose not to follow this business model. They were unique; they put more of their faith in the fan. Yet you complain that Geneon sold their consumer base short with the quality of their releases. This is where I stress that the consumer comes in and plays a part in the success of a company. My criticism towards fans, both casual and dedicated ones or any consumer of anime DVDs goes back to what Ohoni was saying about gray areas of legality regarding copyrighted material. Yes we cannot substantially conclude that fansubs are illegal, but what of user's individual interpretation of current trends and laws about piracy that direct their actions? You hear all the time how organizations are (trying to) crack down on digital sharing of music and movies. It doesn't make anime and fansubs exempt from this just because someone else uploaded it, or there's different countries involved or because it can or cannot be purchased in your local area. People are neglecting the individual responsibilities to decide what is right and what is wrong and whether they are going to act on those determinations.

What's getting in the way are all these excuses and lying to yourself that theres too much gray area involved. The only gray area that needs to be payed attention to is the kind between your ears.
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MokonaModoki



Joined: 30 Oct 2005
Posts: 437
Location: Austin, Texas
PostPosted: Thu Jan 31, 2008 6:59 pm Reply with quote
Ohoni wrote:
Quote:
Any unauthrorized distribution of copyrighted matrials is illegal in the US. And lacking any provisions or loopholes such as those in Canadian and Japanese law, distribution presumably includes grabbing a copy for yourself of anything you don't already actually own (i.e you are participating in distribution to yourself).


I'm not sure about that. Distribution is the ejecting outwards of material, not the accepting of material. If the law is phrased to permit distribution, then it would only effect the person who put the file onto the Interweb, not the person who pulled it off. So in such a case, if someone from Sweden uploaded the file, and I downloaded it in the states, then no laws would be broken. If someone else in the states upped it, and I DLed it, then he would technically be liable, but I wouldn't. I'm not sure that's how the law is phrased though.


Well, "accepting" and "taking" are two different things, aren't they? Seeking something out and assigning it to yourself, from whatever source, can easily be construed as distribution under the law (and as a matter of course in a US Federal court, would be, if it ever came to that and if it would facilitate the bringing of an additional charge or count).

As for how the law is phrased, in the US it's pretty straightforward (and strict).

USC TITLE 17 > CHAPTER 10 > SUBCHAPTER A > § 1001 wrote:
(6) “Distribute” means to sell, lease, or assign a product to consumers in the United States, or to sell, lease, or assign a product in the United States for ultimate transfer to consumers in the United States.

Distributing a product by assigning it to yourself is also colloquially known as 'stealing', which is where the usage of that term arises in regard to illegal downloading.

USC TITLE 17 > CHAPTER 5 > § 501 wrote:

(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A (a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be.


So you are an infringer if you....

TITLE 17 > CHAPTER 1 > § 106 wrote:

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;


... copy via download, create a translation, or distribute via upload (and quite probably download).

Quote:
Anyways, discussions of legality only matter to those who care, and those who care really end up factoring out of the situation anyways.

Unless, of course, they are attorneys.
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Tempest
I Run this place.
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Joined: 29 Dec 2001
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PostPosted: Thu Jan 31, 2008 7:24 pm Reply with quote
DmonHiro wrote:
Do you consider that downloading anime that is licensed in the USA from the internet, then buying the original Region 2 DVDs from Japan fair on a moral level?


Personally, my answer veers towards yes on this one.

As long as you aren't downloading a bootleg of the R1 dub or subtitles, then I would say yes.

The only negative aspect is that efforts by (therefore resources and money expended) the R1 licensor may have contributed to your decision to learn about that show. If that's the case, then it's obviously a little unfair for them.

Regardless, this negative aspect seems to, in my mind, be inferior to the positive that you are at least buying the project.

If we put this in context with the survey, which focuses on the Geneon situation, then personally, I'd definitely have no ethical issues downloading fansubs and paying for an R2 DVD. I'd definitely feel this to be morally superior to just downloading fansubs.

-t
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P€|\||§_|\/|ast@



Joined: 14 Feb 2006
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PostPosted: Thu Jan 31, 2008 7:38 pm Reply with quote
tempest wrote:
If we put this in context with the survey, which focuses on the Geneon situation, then personally, I'd definitely have no ethical issues downloading fansubs and paying for an R2 DVD. I'd definitely feel this to be morally superior to just downloading fansubs.


In addition it is a godsend for the Japanese anime industry when older titles are purchased at MSRP (or whatever they call it over there). When buying R2 DVDs that are no longer fresh titles in Japan but are still ones that have just seen a R1 release or licensing announcement you are doing the production companies and artists a great service. This is because release schedules are so tight in Japan and most of what is on DVD is broadcast on TV beforehand. Also for titles that never get a N.A. license it allows a little additional overseas revenue for the creators, which is not much but is something.

But downloading is still acquiring something for free. I would probably only be in support of downloading the fansub after the R2 DVD is in your hands. You can plan to buy something after you watch it but there is really no way to actually be certain that will occur.
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Pepperidge



Joined: 13 Sep 2003
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Location: British Columbia, Canada
PostPosted: Thu Jan 31, 2008 7:56 pm Reply with quote
But doesn't Japan have some (loosely enforced) provisions put in place that technically prohibit the importation of Japanese R2 DVDs in foreign countries? In the strictest and most specific legal sense, it's a no-win situation for anyone who lives outside of Japan.
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Moomintroll



Joined: 08 Oct 2007
Posts: 1600
Location: Nottingham (UK)
PostPosted: Thu Jan 31, 2008 8:03 pm Reply with quote
Pepperidge wrote:
But doesn't Japan have some (loosely enforced) provisions put in place that technically prohibit the importation of Japanese R2 DVDs in foreign countries?


Presuming you meant the exportation of R2 DVDs to foreign countries, no - I've never heard of such a law. If there were a law along those lines, it wouldn't make sense for the Japanese to put English subs on their DVDs as they have occasionally been known to do.
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akumaotaku



Joined: 28 Sep 2007
Posts: 14
PostPosted: Thu Jan 31, 2008 8:15 pm Reply with quote
Moomintroll wrote:
Pepperidge wrote:
But doesn't Japan have some (loosely enforced) provisions put in place that technically prohibit the importation of Japanese R2 DVDs in foreign countries?


Presuming you meant the exportation of R2 DVDs to foreign countries, no - I've never heard of such a law. If there were a law along those lines, it wouldn't make sense for the Japanese to put English subs on their DVDs as they have occasionally been known to do.


If you can't find a Region-less DVD Player then you would have to break a US law to modify a dvd player to play said DVD.
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Moomintroll



Joined: 08 Oct 2007
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PostPosted: Thu Jan 31, 2008 8:27 pm Reply with quote
akumaotaku wrote:
If you can't find a Region-less DVD Player then you would have to break a US law to modify a dvd player to play said DVD.


a) The poster said "foreign countries", not "the USA". And in the rest of the world, it's perfectly legal to set your DVD to region free. Hell, outside America DVD players are often marketed as being region free and have been for years.

b) Whether or not it would be illegal for you to re-set your DVD player has no impact on whether it's legal for the Japanese to export the DVD to you...and that was the question being asked.

[I'm not entirely sure I understand the logic of why it would be legal for an American to buy a multi-region player but not to re-code a regular player to region free?]
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akumaotaku



Joined: 28 Sep 2007
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PostPosted: Thu Jan 31, 2008 8:32 pm Reply with quote
Moomintroll wrote:
akumaotaku wrote:
If you can't find a Region-less DVD Player then you would have to break a US law to modify a dvd player to play said DVD.


a) The poster said "foreign countries", not "the USA". And in the rest of the world, it's perfectly legal to set your DVD to region free. Hell, outside America DVD players are often marketed as being region free and have been for years.

b) Whether or not it would be illegal for you to re-set your DVD player has no impact on whether it's legal for the Japanese to export the DVD to you...and that was the question being asked.

[I'm not entirely sure I understand the logic of why it would be legal for an American to buy a multi-region player but not to re-code a regular player to region free?]


Easy it is the Digital Millennium Copyright Act, Your hacking to get around Region Protection. If the Protection is Set on Zero by default your not getting around it and using the player as it was intended

So, It may not be illegal to buy the R2 DVD your gonna have a problem not breaking the law to play it unless your player is default region-less


Edit - info from wikipedia

The second portion is often known as the DMCA anti-circumvention provisions. These provisions changed the remedies for the circumvention of copy prevention systems (also called "technical protection measures") and required that all analog video recorders have support for a specific form of copy prevention commonly known as Macrovision built in, effectively giving Macrovision a monopoly on the analog video recording copy prevention market. However, section 1201(c) of the title clarified that the title does not change the underlying substantive copyright infringement rights, remedies, or defenses. The title contains other limitations and exemptions, including for research and reverse engineering in specified situations

In Essence when you hack a player your changing the Code in the macromedia/bios settings to 0 to make it region-less, but if your not hacking the machine it's legal, It's just very hard other then buying online, a true regionless player and not just a player that you can unlock due to a complicated key code. (one of my friends DVD player for example required the first 17 digits of Pi to unlock)
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ikillchicken



Joined: 12 Feb 2007
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PostPosted: Fri Feb 01, 2008 12:03 am Reply with quote
Mohawk52 wrote:
Ohoni wrote:
Anyways, discussions of legality only matter to those who care, and those who care really end up factoring out of the situation anyways.
Yeah you don't find very many people who care doing time in prisons these days, Not like in the past.


You also don't see many people in prison because they downloaded fansubs either. If you don't care about a law with next to no chance of enforcement, it doesn't mean a damn thing. it is nothing more than a glorified suggestion.

You can go on until you're blue in the face but I doubt that you will find a lot of people that are going to care about such a law if we're talking about an unavailable Geneon title. You're basically saying: You should do without this even though you couldn't buy it even if you're willing to. Unless there's some logical basis for that, most people just aren't gonna buy it based soley on "because you shouldn't".
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Ohoni



Joined: 10 Jun 2003
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PostPosted: Fri Feb 01, 2008 12:59 am Reply with quote
Quote:
Is there a subtitle for this? Can someone translate it for me?


The US comics industry is hurting when compared to the US manga industry, because manga offers much more material for the same price. Likewise, the US anime industry fails when compared to original US DVD sales, becaus ethe US DVDs present much more content for the same price. The only way the anime industry can compete is if they can sell their product at a price point more appropriate to it's actual value.

I mean, how many even supposedly "good" anime fans buy most, if not all of their anime at significant discounts to MSRP? In the grand scheme of things they might as well not even bother.

Quote:

Well, "accepting" and "taking" are two different things, aren't they? Seeking something out and assigning it to yourself, from whatever source, can easily be construed as distribution under the law (and as a matter of course in a US Federal court, would be, if it ever came to that and if it would facilitate the bringing of an additional charge or count).


I don't believe this is true. You can't charge a person buying a personal supply of drugs, for example, with "distribution", merely with "possession", and if they have enough, "possession with the intent to distribute". I'd actually like to see a drug dealer defend himself by saying that he offered an ala carte plate of drugs, and that he was not actually distributing anything, as his cutomers were merely "assigning themselves" his product.
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Keonyn
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PostPosted: Fri Feb 01, 2008 1:44 am Reply with quote
Not to go too far off topic, and to avoid that I'll leave it at this. The US comic industry is not in any form of trouble and comic sales exceed manga sales quite easily. In fact, comics have seen a great deal of growth over the past 5 or 6 years as movies based on franchises have renewed popularity and adaptations of films have also brought in new growth. There's also been an increase in the number of graphic novels produced as opposed to monthly releases.

It's a changing business, but in any trouble or being outdone? Hardly. Comics are everywhere nowadays and the business is doing quite well at adapting and bringing itself in to other elements of popular culture.
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Mohawk52



Joined: 16 Oct 2003
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PostPosted: Fri Feb 01, 2008 10:52 am Reply with quote
Keonyn wrote:
Not to go too far off topic, and to avoid that I'll leave it at this. The US comic industry is not in any form of trouble and comic sales exceed manga sales quite easily. In fact, comics have seen a great deal of growth over the past 5 or 6 years as movies based on franchises have renewed popularity and adaptations of films have also brought in new growth. There's also been an increase in the number of graphic novels produced as opposed to monthly releases.

It's a changing business, but in any trouble or being outdone? Hardly. Comics are everywhere nowadays and the business is doing quite well at adapting and bringing itself in to other elements of popular culture.
Thanks for the clairification Keonyn. I still don't get what he's on about, "anime industry v DVD industry".
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