Forum - View topicCan you be prosecuted for downloading fansubs?
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ailblentyn
 Posts: 1688 Location: body in Ohio, heart in Sydney |
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Maybe my thinking is flawed here, but I would think that the fact there so many companies that sell bootlegs openly on the web with apparent impunity would indicate a pretty low level of interest on the authorities or copyright holders parts in pursuing people for participating in the illegal distribution of anime.
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Showsni
 Posts: 641 |
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Actually, it's perfectly legal to download and watch illegal fansubs. What's illegal is uploading them. In your link, the woman was also uploading the songs to Kazaa; that's the illegal part, not the downloading.
If you direct download all your fansubs, and don't make them available to anyone else, there's nothing illegal or breaking copyright about what you're doing. If you torrent a fansub, then you are also uploading it to other people; that is, you're making illegal copies and distributing them yourself, so that is illegal and you could be prosecuted for it. |
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OtakuExile
 Posts: 202 Location: Neo Vegas |
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These others have a good point, but it's nothing we don't already know. Or the news about one person a year getting caught on Perfect Dark and Kazaa. It's BS.
You would have better luck winning the lottery than to get caught downloading. They stopped going after individual people and put pressure on the internet providers instead. Cox will bust you if you have too much traffic going on. But, all they do is temporarily turn off your internet connection until you've contacted them. It's funny. They are forced to read a spiel to you about the evils of downloading. Clearwire hasn't been threatened or anything. I've never had any problems with them. They have a slower connection but it will always DL. All that multimillion dollar lawsuit crap is fear mongering. If you keep it to yourself, there should be no problem. It's when sites out there start charging to view downloads is the problem. One again "mass sharing" is not "Piracy". Those are two different things. That's my experience, anyway. |
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wanderlustking
 Posts: 449 Location: Bozeman, Montana |
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I couldn't say if it was my lawyer, or my military rank that helped me the most in avoiding legal action, but I'm positive both helped. The law loves to screw with PFCs and LCPLs, but they're usually smart enough to walk away when a SSGT or higher gets involved. I've used my rank several times to keep junior Marines out of legal proceedings. But I digress...
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Moontsuki23
Posts: 1 |
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One thing about the article is that she was first taken to court years ago & they offered her a way smaller settlement, but she refused & that’s why she owes so much . The RIAA stopped taking individuals to court since 2008 since it really wasn‘t worth it. They now go after sites or people offering the means of getting dls (I.e pirate bay, limewire. Etc). Now the RIAA, MPAA, & anime licensers hire companies to “watch,” dlers in p2p programs. They take a snap shot of ips & they don’t know & can’t find out (breach of privacy) who the individuals are so they send them to their isp’s. The isp’s then send those ip’s up to 3 letters & after the 3rd they may cut off your service (I heard sudden link shuts you off for 6 months!). Now that uploading sites are so big I’m not sure how they are going to handle that. I know rapidshare has been in court for having ebooks & what not being uploaded on their site.
Now for the anime stuff. I always used to think the dling unlicensed stuff was perfectly legal, however, its not. It’s up to the Japanese co. to go after those dling unlicensed anime/manga. But like most have already mentioned that they don’t really have the time, money, & they don’t want to alienate fans. So for now it’s probably ok. Only licensed stuff is what you should worry about. I typically just buy or stream any anime that is licensed, but I admit that I dl some if I can’t find them being legally streamed or aren’t offered on dvd or what not here. I’ve only heard of a few people getting in trouble for dling anime & that was through p2p so they were uploading also. All that happened to them was that they got a letter from their isp basically just telling them to stop. I even know some that ignored the letters (some had gotten like up to 5) & nothing happened. But I wouldn’t advise that of course. One more thing. Some one mentioned that its perfectly legal as long as your just dling & not upling. That’s not true. Its still illegal because you’re making an illegal copy of something you don’t own the rights to. It’s technically illegal to copy a cd that you bought. Typically though I’ve only heard of those getting into trouble dling & upling at the same time since they are losing many potential sales instead of just one (the person who just dled). I believe if there were ever to be a big anime/manga hunt they would just have those sites offering them for dl to be shut down, because it cost a lot of money to take people to court. I know some scanlators & fansubbers who have gotten c&d to take down certain series & as long as they did all was well. And that turned out to be a wayyy longer post than I thought it would! Sorry about that lol. |
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Helociraptor
 Posts: 44 |
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Maybe you should clarify what local law you are talking about, because it is legal in many parts of the world to privately copy media for personal use. |
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wanderlustking
Posts: 449 Location: Bozeman, Montana |
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Including in the states. I had several DVD rips of shows that I owned, that I had made myself. These were not mentioned at all. What was mentioned were the shows I was uploading at the time. Yes downloading is still a crime, but they don't bother prosecuting for it; they get their money from people who upload. |
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ShinobiX
 Posts: 889 Location: NY |
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uh simple. Also, I should not that what the law says and what law enforcement actually do differ and I wont go into details because posted in these type of threads too many times.
Bottom line is: 1. it depends where you are located 2. for our purposes in the U.S. no 3. Download away 4. Simply put the law states its illegal, but no one is enforcing that law 5. That makes it illegal and downloading really has no risk because there is no punishment. It's a matter consciousness (why so many bs arguments about this issue pops up here. Saying I think its wrong is not good enough.) 6. currently law is attacking less downloaders, and more uploaders/ hosts 7. look up 6 in legal terms so you know what I'm saying/ understand the complexities of the issue 8. Prosecution no...only if ur a dumbass 9. again look up 8 10. normally you get fined 11. It's slowly coming around, but in the near future you will read court cases about fansubs. 12. Ultimately, it will become officially illegal in America. Answer to your question: Right now no. However later in the future, sooner than you think, yes. Now this is how the law approaches anime. Music, software, movies...things of that caliber is an entirely different matter. Why is the law bias? Well because to put it bluntly, America doesn't give a shit about anime. Now if you check out Japan's laws regarding this issue, hmm more strict, more severe, more seriously, more everything really. Like what 1. says, location location. Overseas, exists more leeway. Meaning Japan's strict laws against fansubs don't apply here or in many other countries. What that legally means? Go look it up. |
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RHachicho
 Posts: 897 Location: Essex, UK |
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1. Can you be legally prosecuted for downloading fansubs?
Answer : Yes 2. Will governments ever be able to stop people from downloading? Answer : No Dousn't matter what the law is if the majority refuse to abide by it nothing can be done. There isn't enough room in jail for all of us. Nor is there enough police time to track us down. Major seeders may get prosecuted for torrents. But the internet will soon find another vehicle. And even prosecuting all the seeders will only temporarily slow things down eventually the bigjobs will get fedup of arresting people and making a big hoohaa of it with no result. |
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SecretAgent94
 Posts: 204 |
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Technically yes, but the chances of it happening to you are slim to none.
And besides, in most cases it's the uploaders that they go after, If they went after every single downloader, they would never put a dent in the problem. Why go for the bees when you can get the hive instead? |
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