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NEWS: Retailer to Stop Imports of Funimation BD/DVDs into Japan


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bankai3232



Joined: 24 Mar 2009
Posts: 20
PostPosted: Sat Jan 16, 2010 7:01 pm Reply with quote
hikaru004 wrote:
Kakugo wrote:
There are laws against reselling imports, even in the US, should the local distributor issue a request for said seller to stop.

For a relevant similar example, HK Flix stocks the extended versions of the John Woo movie Hard Boiled, but because The Weinstein Company owns exclusive distribution rights in North America, HK Flix can only sell those extended releases to other regions.


It still takes money out of FUNi's bank account to tell an online site to stop selling their product. Why should they care?


Cos it BREACHES contracts with the Anime owners in Japan. read my first post again, it explains...
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Sat Jan 16, 2010 7:52 pm Reply with quote
bankai3232 wrote:
hikaru004 wrote:
Kakugo wrote:
There are laws against reselling imports, even in the US, should the local distributor issue a request for said seller to stop.

For a relevant similar example, HK Flix stocks the extended versions of the John Woo movie Hard Boiled, but because The Weinstein Company owns exclusive distribution rights in North America, HK Flix can only sell those extended releases to other regions.


It still takes money out of FUNi's bank account to tell an online site to stop selling their product. Why should they care?


Cos it BREACHES contracts with the Anime owners in Japan. read my first post again, it explains...


It's only a breach when it's brought to your attention.

I would have just turned a blind eye and kept the profits.
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Sakagami Tomoyo



Joined: 06 Dec 2008
Posts: 940
Location: Melbourne, VIC, Australia
PostPosted: Sat Jan 16, 2010 8:03 pm Reply with quote
domino wrote:
I do know Japanese people who watch English dubs and read English-translated manga to help them learn English so the market does exist. :p


"Does exist" is not the same thing as "is large enough to be worthwhile (read: profitable)", though. Especially if it might be at the cost of sales of their regular boxsets.

Zin5ki wrote:
For the sake of the numerous fans who wish to obtain hard copies of anime unavailable in their own region, one hopes such a prevention of exports is not one of Funimation's chief concerns.


Apparently it is, if they region code their Blu-Ray releases.

tuxedocat wrote:
I cannot believe that there could be any "cultural difference" in consumerism. A customer is going to recognize a better deal when they see one, regardless of where they were born.


There is a cultural difference in consumerism, though. "A better deal" isn't "more for a lower price" to everyone. It's pretty clear that the Japanese market snaps up things like bonus features and limited edition extras much more than the American market does, which tends to favour a good dollars to actual episodes of the show ratio. And even in America that's not universal, as some people on these forums refuse to buy releases that lack any extras, regardless of how cheap they are.

hikaru004 wrote:
It's only a breach when it's brought to your attention.


I'm pretty sure it would have been brought to their attention.
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Romuska
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Joined: 02 Mar 2004
Posts: 799
PostPosted: Sat Jan 16, 2010 8:18 pm Reply with quote
I'm sure it's already been said, but I think it's pretty obvious why this is happening. It's because Funimation charges less for their Blu-Rays than any Japanese distributor.
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dewlwieldthedarpachief



Joined: 04 Jan 2007
Posts: 751
Location: Canada
PostPosted: Sat Jan 16, 2010 8:49 pm Reply with quote
Does this change anything? At the end of the day importers will import while the rest of the population remains ignorant or indifferent. I think in a way the clusterfuck that is regionalization does benefit us consumers; more editions of content mean more chances to get the release right. I remember back in the day when Hong Kong Legends was still around and they busted out The Killer on DVD - isn't that still unavailable in North America?

The waiting game is a losing game in my experience. I like to take advantage of this system and call it even. People in general seem to care more about convenience though; what about you guys? Hypothetically speaking, would you grab the lossy Innocence BD off of amazon.com or get the one with real HD audio from amazon.co.jp? I know I'd go the extra mile - if it's worth doing, it's worth doing right, right?
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Mr. Anobe



Joined: 29 Dec 2006
Posts: 47
Location: Canada
PostPosted: Sat Jan 16, 2010 9:47 pm Reply with quote
You know what I think of all this simply abolish the region codes completely...that's what keeping these companies locked and sometimes "isolated" from ever to gain more profit internationally.

This move with importation of only FUNi stuff is not going to stop the import / export business completely in Japan. Others will emerge and found better ways to get to the customers with this importation...just like Hentai I guess.
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Teriyaki Terrier



Joined: 26 Mar 2008
Posts: 5689
PostPosted: Sat Jan 16, 2010 10:01 pm Reply with quote
Josh7289 wrote:
That sucks for Japanese fans. There's no way I'd pay Japanese prices if I were in Japan.

And Gundam Unicorn, haha. Bandai (Visual) doesn't learn.


Indeed, but remember Japan has a ton of series that hasn't been licensed into America. Considering how many series Japan has created and has licensed, this shouldn't be too damageing.

I'd say Japan has the better deal than America these days.
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einhorn303



Joined: 20 Nov 2006
Posts: 1180
PostPosted: Sat Jan 16, 2010 10:11 pm Reply with quote
Someday the massive price difference of North American and Japanese anime is going to need some pressure venting. Out of the two possible solutions, I'd definately take "charging Japanese prices in NA" (ala Gundam Unicorn) over "gimping and disabling NA releases (ala the Kurokami blu-ray).

Kakugo wrote:

Several FUNi titles - Dragon Ball Z, Shigurui, Witchblade, One Piece, Samurai 7 and others - don't have a Japanese Blu-ray release yet. That said, I don't see what they're "losing" if they don't offer the product locally to begin with.


Potential future sales.
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Sat Jan 16, 2010 10:13 pm Reply with quote
Sakagami Tomoyo wrote:
Apparently it is, if they region code their Blu-Ray releases.

Blu-rays for Japan and US share the same region code. So they the were getting a mighty good deal on US BDs.

That site seemed pretty popular. They were getting and even announcing all of the US releases at the same time for similar street prices (minus special sales we periodically have here).

Still, Japanese folks can use amazon and buy from retailers or individuals who'll ship from the US (see here) Distributors may have there own contractual agreements but there are no US laws preventing the reselling of physical property, no matter the license attached to the intellectual property. See the First Sale Doctrine:
Quote:

The first-sale doctrine is a limitation on copyright that was recognized by the U.S. Supreme Court in 1908 (see Bobbs-Merrill Co. v. Straus) and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. The doctrine allows the purchaser to transfer (i.e., sell or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. This means that the copyright holder's rights to control the change of ownership of a particular copy end once that copy is sold, as long as no additional copies are made.


This law has constantly held up, most recently in this case where Autodesk tried to shut down an eBay seller of legitimate AutoCAD software which Autodesk deemed was too cheap. In fact, they used the same license agreement argument, and lost twice.
Quote:

the company asserts that it controlled the software anyway because it had only "licensed" it to customers under specific terms that eliminated the right to resell the software.
...
Judge Jones ruled this week that Autodesk had in fact licensed its software, but that this was immaterial; what mattered was whether the license "transferred ownership" (more like buying a book) or was a "mere license" (more like renting a movie).


The decision was not as clear cut as it seems though, due to the nature of software. However, I believe it is much more clear for property that is meant to be consumed, property that is not used in an intellectual way (i.e. derivative work), for which you own your physical copy, and so the anime medium themselves can be treated like any other physical property in which transfer of ownership applies. If that were not the case it would be illegal to sell or give away any new or used goods whatsoever.
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Kakugo



Joined: 29 Nov 2007
Posts: 163
PostPosted: Sun Jan 17, 2010 12:19 am Reply with quote
hikaru004 wrote:
It still takes money out of FUNi's bank account to tell an online site to stop selling their product. Why should they care?


Who, FUNimation? FUNi isn't the one telling Fantasium to stop buying their products. If they took issue with that they never would have sold them the goods in the first place. It's got to be one of the JP distributors telling them to knock it off before they get sued for selling gray area merchandise.

I nearly forgot that Basilisk is coming out in Japan on Blu-ray next month... at 6 times US MSRP. So it wouldn't shock me if Sony was the one who got this ball rolling.
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animalia555



Joined: 12 Jun 2004
Posts: 467
PostPosted: Sun Jan 17, 2010 12:59 am Reply with quote
dewlwieldthedarpachief wrote:

The waiting game is a losing game in my experience. I like to take advantage of this system and call it even. People in general seem to care more about convenience though; what about you guys? Hypothetically speaking, would you grab the lossy Innocence BD off of amazon.com or get the one with real HD audio from amazon.co.jp? I know I'd go the extra mile - if it's worth doing, it's worth doing right, right?
Personally what i care about is story quality not how PRETTY it looks or sounds.
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samuelp
Industry Insider


Joined: 25 Nov 2007
Posts: 2231
Location: San Antonio, USA
PostPosted: Sun Jan 17, 2010 1:31 am Reply with quote
Draneor wrote:
hikaru004 wrote:
And since when has a licensing agreement prevented R1 from buying R2 DVDs?

This has nothing to do with individuals importing R2 DVDs into R1 for personal use. A retailer was importing R1 DVDs into Japan for sale in Japan. FUNimation does not have a license to sell their product in Japan and is perfectly within their right (and may be obligated) to prohibit commercial sales in regions for which they cannot legally sell these titles.

No, that's not true.

DVD Fantasium was an operation run out of New York, and their warehouse was in New York as well.

It is owned and operated by Japanese people and specifically tailored to exporting to individual customers in Japan.

So it straddled the gray line between what you point out very carefully, and since I discovered them a year ago or so and the blu-ray market has taken off, I suspect they've grown considerably.

I was wondering how long they would be tolerated, and I suspect that Japanese licensors got Funimation to basically pressure them into stopping.

They'll still make a ton of cash selling all those Aria and Clannad box sets to Japan.
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Fronzel



Joined: 11 Sep 2003
Posts: 1906
PostPosted: Sun Jan 17, 2010 1:34 am Reply with quote
Teriyaki Terrier wrote:
Indeed, but remember Japan has a ton of series that hasn't been licensed into America. Considering how many series Japan has created and has licensed, this shouldn't be too damageing.

I'd say Japan has the better deal than America these days.

First of all, it's inevitable that most series that aren't licensed are trash (Sturgeon's Law)[not that all licensed series are gems, but licensing is an additonal filter, at least]. Second, if we're talking about markets, most of those series won't sell in America, and if we're talking about the individual enthusiast, then there's fansubs.

How then is paying four times as much a better deal?
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MeggieMay



Joined: 08 Jun 2004
Posts: 607
PostPosted: Sun Jan 17, 2010 1:44 am Reply with quote
teh*darkness wrote:
No, no. You missed what he said. A retailer was importing the discs into Japan, then selling them. Online retailers who sell merchandise everywhere, but can claim to be located elsewhere, are exempt from this, and buying and importing from them are legal. Apparently what was happening, was a Japanese retailer was ordering Funi sets in bulk from Fantasium, then selling them at a retail store in Japan. That is illegal. Especially considering that most (if not all) of their releases specifically say on them, for sale only in the United States and Mexico (maybe also Canada, I forget, and am too lazy to check). Selling online can count as being inside the intended retail market, but buying online then selling in a non-licensed market does not.


Try United States and Canada if you're talking DVD. Mexico is Region 4 and while Funimation has some R4 rights they tend to be for countries in South America and the Caribbean, not Mexico (though most of their disks do say Made In Mexico, FWIW (they press them there) Laughing ). Now, I've not paid enough attention to the back of the Blu Rays to see what they say on the subject. Region 1 Blu Ray covers Japan and all of the Americas but just how the licensing goes with Funimation on what country they cover in R1 BD I'm not sure. However, I would think Canada would still be a R1 BD license - if not, someone please post in on that.

Here's the maps, for anyone interested http://www.regionfreedvd.net/player/sony.html
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dewlwieldthedarpachief



Joined: 04 Jan 2007
Posts: 751
Location: Canada
PostPosted: Sun Jan 17, 2010 2:33 am Reply with quote
animalia555 wrote:
dewlwieldthedarpachief wrote:

The waiting game is a losing game in my experience. I like to take advantage of this system and call it even. People in general seem to care more about convenience though; what about you guys? Hypothetically speaking, would you grab the lossy Innocence BD off of amazon.com or get the one with real HD audio from amazon.co.jp? I know I'd go the extra mile - if it's worth doing, it's worth doing right, right?
Personally what i care about is story quality not how PRETTY it looks or sounds.


Then why watch anime when there's hundreds of years worth of literature brimming with story the likes of which an anime couldn't shake a q-tip at?
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