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Funimation Discusses Leaked Episodes


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Kiriska



Joined: 01 Jul 2004
Posts: 92
PostPosted: Fri Jun 05, 2009 8:27 pm Reply with quote
Good interview. I would have also liked to know more about One Piece's situation in particular, but it's good to know that they've theoretically put in some security.
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Westlo



Joined: 03 Oct 2002
Posts: 1684
PostPosted: Fri Jun 05, 2009 9:01 pm Reply with quote
penguintruth wrote:
This person broke the law and ruined a good thing. Granted, Funimation was partly at fault for its lack of security, but this person set things back for everyone, including the fans, because of their selfishness. They should be punished. If you can't see that, you're being incredibly dense.


Try this, forget to lock up at work one night and when you come back the next day if stuff is missing say it's not your fault but the person who stole it. Works for Funi!
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Delum



Joined: 17 Jan 2006
Posts: 2
PostPosted: Fri Jun 05, 2009 9:08 pm Reply with quote
Westlo wrote:
penguintruth wrote:
This person broke the law and ruined a good thing. Granted, Funimation was partly at fault for its lack of security, but this person set things back for everyone, including the fans, because of their selfishness. They should be punished. If you can't see that, you're being incredibly dense.


Try this, forget to lock up at work one night and when you come back the next day if stuff is missing say it's not your fault but the person who stole it. Works for Funi!


Try this, find a store that didn't lock up one night, steal everything from there, and see if you dont get thrown in jail because the person didn't lock the doors.
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Katane



Joined: 13 Nov 2008
Posts: 131
Location: Chicago, Illinois
PostPosted: Fri Jun 05, 2009 9:10 pm Reply with quote
sunflower wrote:
Katane wrote:
GeneralArrow wrote:
There really isn't much legal action they can take. If most they might be able to land one charge on these guys and even that is sketchy. The only charge I really see them being able to press is the preemptive distribution of the episode its self.
Anyway, at least Funimation recognizes that there at fault.


Actually that's not true. They can be brought up on violating Copyright laws,and maybe some Theft charges because this is stealing. and will be charged under Federal Law.


I don't believe that theft applies here. Legally, dissemination of copyrighted materials is not theft; that's why there are separate laws for it. In many cases it's not even a federal crime.

Federal laws might apply making this a federal offense, if Funimation can prove this is a commercial distribution. However since they were to be streaming it for free, they might have difficulty with that.

But whoever did this certainly caused major damage to Funimation's brand and reputation, so Funimation can sue whoever did this for damages and probably nail them under copyright law.



Copyright Laws are under Federal Guidelines so they can be brought up on Federal charges, and considering that Funimation has legal consent display these show online from the creators for free really not the issue here. The issue here is that someone without the consent of Funimation and the owner and creators of these shows intentionally streamed these show and how careless Funimation was in this matter. You can bring them up on theft charges because they were Unlawfully in possession of property that did not belong to them.


TatsuGero23 wrote:
Katane wrote:
It sounds like Funi probably figured ok we got these show and we're going to air them at such a such a time on such a such a day and thought nothing else about it. In so many words it sounds like Funi didn't think something could happen to them. At lease, that's what it sounds like to me.


I've always felt it was more along the lines that they had more trust in people and the tech savy fanbase then they should have. Alot of us can't really understand why some is willing to wreck everything the US industry has been working so hard to put forward and I'm sure alot of people of there felt the same. Especially since its a free service when you look at from our end. We all are aware of the possibilities but its one of those beyond belief type of moments.

In short they had too much faith in the community and those looking to rub off their e-p****es took advantage of that trust. Yes, it was a bit naive now that that line has been crossed but few thought or felt those fans would cross it. Cause when you break it down and look at it critically, how impatient are you that you can't wait 1 hour? How upset can you really get about a free service?

I just have to add that it's confusing/saddening how much these individuals seem to fear the change of things in this day of age and either fail to see where these changes are heading, or are honestly more concerned of their own temporary ego boosts and pampering.

And GeneralArrow: The situation with the preempting and leaks are vastly different from those concerning DVD ripping or fansubbing. It reaches a level that is past just copyright laws. This breaks into things like breach of contracts and a sense of plagiarizing or counterfeiting; defamation of character that results in lost or damages amongst other things. The actions these people took hold much much less ground then even DVD rippers have and have nothing compared to the understanding that fansubbing holds. If more then anything these people not only hurt the legitmate end, but also those amongst their peers and supporters of free distribution. These people have, most likely unknowingly and very foolishly, crossed into very criminal territory.


OK maybe they did trust them, maybe a little too much, who knows? These days you can't be too trustworthy because these days people will smile in your face and stab you in the back.
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Revolutionary



Joined: 27 May 2009
Posts: 601
Location: Too Far South
PostPosted: Fri Jun 05, 2009 9:10 pm Reply with quote
Yes, FUNimation had terrible security, yes FUNimation is to blame.

But the "leaker" is also to blame. I can not believe anybody is arguing that what the "leaker" did was perfectly fine, just because there was no security. Just because a store isn't locked at night and just because it doesn't have any security does not mean you can walk in take stuff and be free from blame.
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Fri Jun 05, 2009 9:15 pm Reply with quote
Uh oh, the analogies are back. Laughing

It's kind of a moot point since it was a given that some sort of legal action is going to happen due to the magnitude of damage.

How come you guys didn't ask about resuming OP streaming ANN? Sad
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writerpatrick



Joined: 29 Mar 2006
Posts: 671
Location: Canada
PostPosted: Fri Jun 05, 2009 9:42 pm Reply with quote
They can't get anywhere in court if they try prosecuting someone who accessed the material early if all the person did was go find an unlinked website. If he found the material by changing the URL he could easily claim that he thought it was intended to be seen and that Funimation just hadn't got around to posting the link yet. After all, in a few days it would have been unquestionably legal to access it.

The downloading, whether it was legal or not isn't the issue. It's the uploading. To redistribute copywritten work without proper permission is a clear violation of copyright and taken much more seriously. If the guy had simply downloaded the work without redistributing it Funimation would never have known about their security flaws and been embarassed by them.

Funimation left the doors unlocked and the keys in the ignition, so they can't put all the blame on the thief.
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penguintruth



Joined: 08 Dec 2004
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PostPosted: Fri Jun 05, 2009 9:42 pm Reply with quote
Westlo wrote:
penguintruth wrote:
This person broke the law and ruined a good thing. Granted, Funimation was partly at fault for its lack of security, but this person set things back for everyone, including the fans, because of their selfishness. They should be punished. If you can't see that, you're being incredibly dense.


Try this, forget to lock up at work one night and when you come back the next day if stuff is missing say it's not your fault but the person who stole it. Works for Funi!


Are you for real? That is an offensively stupid analogy to begin with, but the person who stole the items is still the one who stole the items. That's like saying it should be legal to rob banks that don't have security guards posted. The opportunity for theft does not make theft all right, especially when Funimation is bending over backwards to serve its fans anime as quickly as possible as it is.

All this person is doing is contributing to setting back the industry.
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Dargonxtc



Joined: 13 Apr 2006
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PostPosted: Fri Jun 05, 2009 9:50 pm Reply with quote
Nebs wrote:
Nice read, but I was hoping some more light would be shed on One Piece's current situation specifically. Will the streams/simulcasts ever come back? Though I'm sure we wouldn't have gotten a straight answer anyway.


I am sure if Gen knew when the simulcasts would be back, he would have mentioned it at least 3 or 4 times whether he was asked or not.

GeneralArrow wrote:
There really isn't much legal action they can take. If most they might be able to land one charge on these guys and even that is sketchy. The only charge I really see them being able to press is the preemptive distribution of the episode its self.
Anyway, at least Funimation recognizes that there at fault.

Like others have said there is probably a lot more they can be charged with. But my take on what you wrote is why throw "preemptive" in front of it. It's just plain ole straight up distribution. It would be the same charge that they would use if they went after fansubbers, if they ever actually did that. The preemptive part might just be reasons for additional damages in the suit. $5,000 a pop sounds about right.
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Seljuk



Joined: 03 Dec 2008
Posts: 139
PostPosted: Fri Jun 05, 2009 9:54 pm Reply with quote
I think there was only one reason this interview was given: to try and save face to the community. That's it.

Personally, I think it's too little too late. It was obvious earlier what the problems in their security were. Reading the interview, it sounds like they almost did not know what was going on until recently (seeing that Phantom was being done since episode 6). Their answers about how to stop it (by uploading minutes before) are so painfully obvious that it's almost inconceivable that they were not implemented already.

This interview is only a PR stunt, and a pretty shabby one at that. They admit to their horrible security and then try to absolve themselves of the blame by shifting it to that of the fansub community. That's not a way to make friends, or buyers out of them.

Not saying what I personally believe to right or wrong, but the interview doesn't really add anything new to the table, and is not effective for mending the damage done.

Sloppy leak, sloppy PR.
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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782
PostPosted: Fri Jun 05, 2009 9:57 pm Reply with quote
penguintruth wrote:
Wow, you're making my head hurt.

For some reason, this just made me feel better.

Quote:
This person broke the law and ruined a good thing. Granted, Funimation was partly at fault for its lack of security, but this person set things back for everyone, including the fans, because of their selfishness. They should be punished. If you can't see that, you're being incredibly dense.

No, the person didn't ruin anything. Toei and Funimation did by pulling the plug on the event.

Was anyone forced into viewing the leaked file? Nope. They did so at their own choice.

My position is justified in regard to those who didn't rush out to see the leaked file and waited, as good fans, for the simulcast.

So think about that dense remark a bit more and apply it where it belongs.
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chrlake



Joined: 29 Jun 2006
Posts: 4
PostPosted: Fri Jun 05, 2009 10:07 pm Reply with quote
What happened here was wrong in no uncertain terms. Funi may have made an error in judgment in the manner in which they handled security, but the person who took advantage of this lack of security is the true wrongdoer. Under the law, their has always been a distinction between intent. Funimation may have been guilty of negligence or even reckless behavoir. That does not in any way excuse the intentional misconduct committed by the hacker.

Analogizing this situation to leaving one's doot unlocked or cookies around children misses the point. As adults (or near adults), we know better. A child is excused for misbehavior in many instances because a child does not comprehend the implications of his or her actions. An adult does. The person here acted with unlawful intent when they distributed copyrighted material.

As to damages, many of the posters miss a critical point. When a person knowlingly commits an unlawful act, the injured person may be entitled to more than compensatory damages. Punitive damages may be awarded for deliberate unlawful acts even if the damages are relatively nominal. Additionally, copyright law allows for statutory damages even if the injured person cannot show actual damages.

To illustrate this point, assume you left some personal papers like a diary on your desk at work or school. How would you feel if an acquaintance read those personal papers? Would you think it was purely your fault because you left those papers unattended?
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james438



Joined: 20 Sep 2006
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Location: Iowa
PostPosted: Fri Jun 05, 2009 10:12 pm Reply with quote
I take it ANN still won't take any official position against what happened to Funimation or illegal fansubbing.
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edzieba



Joined: 13 Dec 2006
Posts: 704
PostPosted: Fri Jun 05, 2009 10:17 pm Reply with quote
Quote:
To illustrate this point, assume you left some personal papers like a diary on your desk at work or school. How would you feel if an acquaintance read those personal papers? Would you think it was purely your fault because you left those papers unattended?
Yes.That's fairly obvious.

Throwing around threats of legal action is all well and good,until you remember that US courts apply only in the US, and that any kind of legal action against someone in another country requires a representative in that country. Take the now somewhat infamous:
Code:
Leaked 24H before japanese airing.​ Cool Security, i can already get OP 404 =D.​ >9k1 proxy.​ inb4fbi .​.​.​ oh wait i'm from egypt lol.​ inb4jihad.​
at naive face value, does Funimation have any presence in Egypt to back up their claims. Does Toei even?
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penguintruth



Joined: 08 Dec 2004
Posts: 8461
Location: Penguinopolis
PostPosted: Fri Jun 05, 2009 10:19 pm Reply with quote
PetrifiedJello wrote:
No, the person didn't ruin anything. Toei and Funimation did by pulling the plug on the event.

Was anyone forced into viewing the leaked file? Nope. They did so at their own choice.

My position is justified in regard to those who didn't rush out to see the leaked file and waited, as good fans, for the simulcast.

So think about that dense remark a bit more and apply it where it belongs.


I see that your density is unyielding.

See, because of the one person who spoiled it, it put Funimation in a terrible position. Granted, they are part at fault for lousy security, which puts a strain on their relationship with Toei. In fact, one could argue that if it wasn't that one person, it would have been another, just a matter of time.

However, that's not the point. That one person is still at fault for doing something illegal and immoral, not to mention something that delayed Funimation's process of releasing videos to stream. They should still be prosecuted. If the fans want to blame somebody, there's more parties than just Funimation to blame, and Funimation has every right to protect their property to within the full extent of the law.
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