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Answerman - Why Is It "Wrong" To Buy Digital Manga From Other Countries?


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Actar



Joined: 21 Nov 2010
Posts: 1074
Location: Singapore
PostPosted: Wed Oct 12, 2016 10:58 pm Reply with quote
ajr wrote:
Or, and maybe this is crazy talk, how about DRM-free download-to-own files?


Heck yeah. I'd throw so much more money their way if they actually did this. But alas, you never own what you buy when it comes to digital content, do you?
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AnimeLordLuis



Joined: 27 Jan 2015
Posts: 1626
Location: The Borderlands of Pandora
PostPosted: Wed Oct 12, 2016 11:47 pm Reply with quote
Yeah it's much better to buy the physical release of something even if it costs more atleast than you're have it forever. Wink
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SilverTalon01



Joined: 02 Apr 2012
Posts: 2403
PostPosted: Thu Oct 13, 2016 12:01 am Reply with quote
ScruffyKiwi wrote:
http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11499034

So to summarize, yes it's illegal and the laws broken are in the country you are viewing it in.


That isn't even remotely the same thing as what the answerman question was talking about. What you linked is talking about avoiding taxes. Lying to avoid taxes is fraud pretty much everywhere.
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Pidgeot18



Joined: 19 Jul 2015
Posts: 101
PostPosted: Thu Oct 13, 2016 12:55 am Reply with quote
chaccide wrote:
It's not illegal. Cite the law that forbids it. It's only a practice that a company can put in its TOS as not allowed on that site.


Per the Berne convention, the copyright owner of a work has control over copyright in every country. When a licensing deal is made, the licensee receives some rights to copyright publication in the relevant regions. Publishing it elsewhere would be a violation of copyright. In the US, importation (and exportation) of copyrighted goods is illegal if you don't have a license, unless it's a single copy for private use and not distribution. (17 USC §602(a)).

In the US, there is an annoying quirk. Per MAI Systems Corp. v. Peak Computer, Inc., copying from disk to RAM or vice versa is a copy that could violate copyright if you don't have permission to do it (17 USC §117 (a) overrides this, but only for computer programs, not digital reproductions of works!). So it can be argued that your displaying the media on your computer would constitute an illegal copy (note that copyright infringement happens when you make a copy, not when you receive a copy--this is what made RIAA's suits legally dicey). On the other hand, the relevant case is questionable on technical merits.

There is an easier law to get you, however. 17 USC § 1201 (a) (1) (A), reproduced here in its full glory:
Quote:
No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter.


A geoblocked server is undoubtedly a "technological measure that effectively controls access to a [copyrighted work]." Using a VPN to access a geoblocked server is circumventing that technological measure. It is not listed in the exemptions promulgated by the Librarian of Congress under 17 USC § 1201 (a) (1) (B) (see http://copyright.gov/1201/2015/2015_1201_FAQ_final.pdf for that list).
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Vee-Tee



Joined: 12 Aug 2015
Posts: 93
PostPosted: Thu Oct 13, 2016 1:10 am Reply with quote
SHD wrote:
Quote:
In my opinion, it's yet another reason to buy physical copies of the media you really really love.

And pay twice the amount it should cost due to shipping... yeah, no. Instead, how about making steps in order to put an end to region lock once and for all?

It sucks when something is not available for me even though it's available two countries away, in the same EU.

It sucks when I have to buy (ridiculous shipping and handling fees included) physical copies of manga which then take up space in my small flat (and if I don't care all that much about them then I'll probably have to throw them out eventually because I can't even resell the damn things my country) because the digital version is not available for me to buy.

It's like, guys, I want to give you money to use your services, look at your ads, etc! Why aren't you letting me?!

(And then they wonder why piracy still exists.)


+1!

I move and travel a lot. My Kindle has been a godsend over the past few years, along with comic apps on my tablet. I used to have a storage locker but I was basically paying money just to store books and comics that I'd never get around to reading. I was lucky to basically jettison the majority of ones I wasn't going to get to read at the library in my home town, who have now stopped taking donations period.
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GrayArchon



Joined: 28 Feb 2011
Posts: 393
PostPosted: Thu Oct 13, 2016 1:23 am Reply with quote
Pidgeot18 wrote:
In the US, importation (and exportation) of copyrighted goods is illegal if you don't have a license, unless it's a single copy for private use and not distribution. (17 USC §602(a)).


This is false as per a Supreme Court ruling a few years ago. The "first sale" doctrine still applies, even if you're doing something like buying textbooks abroad for cheap and reselling them in the US for a profit.
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jr240483



Joined: 24 Dec 2005
Posts: 4380
Location: New York City,New York,USA
PostPosted: Thu Oct 13, 2016 2:09 am Reply with quote
SHD wrote:
Quote:
In my opinion, it's yet another reason to buy physical copies of the media you really really love.

And pay twice the amount it should cost due to shipping... yeah, no. Instead, how about making steps in order to put an end to region lock once and for all?

It sucks when something is not available for me even though it's available two countries away, in the same EU.

It sucks when I have to buy (ridiculous shipping and handling fees included) physical copies of manga which then take up space in my small flat (and if I don't care all that much about them then I'll probably have to throw them out eventually because I can't even resell the damn things my country) because the digital version is not available for me to buy.

It's like, guys, I want to give you money to use your services, look at your ads, etc! Why aren't you letting me?!

(And then they wonder why piracy still exists.)


and they need to put an end to their dumbass censorship laws. its more or less why fanservice series like dxd , queens blade and others are more pirated than other series. but the biggest BS is that the also region lock even the japaneese trailers from being seen in the US , with aniplex as the main pariah. i mean come on. the TV episodes is one thing, but the trailers too? like i said. they seriously need to do something with their laws and fast, otherwise the piracy will still continue no matter how many times they try to do these region locks.
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peno



Joined: 06 Jul 2016
Posts: 349
PostPosted: Thu Oct 13, 2016 2:39 am Reply with quote
SHD wrote:
[And pay twice the amount it should cost due to shipping... yeah, no. Instead, how about making steps in order to put an end to region lock once and for all?

It sucks when something is not available for me even though it's available two countries away, in the same EU.

EU wanted to end geoblocking inside of EU, but backed from opposition from the likes of Netflix, iTunes, Amazon etc. and excluded region locking of copyrighted audiovisual materials, so, once this will start to be applicable, someone from Germany will be able to legally buy game from Steam in Poland (since games are considered software, not audiovisual material) and save a lot of money in the process, yet someone in Poland can't go to Amazon in Germany and buy manga adaptation of the said game for his or her Kindle. Pretty ironic, isn't it?
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Zin5ki



Joined: 06 Jan 2008
Posts: 6680
Location: London, UK
PostPosted: Thu Oct 13, 2016 2:43 am Reply with quote
ajr wrote:
Yes, it's illegal, and yes, they're receiving money. I'd argue illegal ≠ unethical. It's not really in Crunchyroll OR the licensor's best interests to prosecute people in your situation, not unless you're doing it to dodge a higher priced alternative in your country (e.g. Japan).

I concur. From a purely moral perspective, I think it is difficult to motivate the claim that someone who engages in activities of this sort is doing anything wrong.

One might claim that by paying for another country's services in lieu of one's own, one is denying revenue to one's local industry, and thereby that one's actions promote an ill consequence. To press this charge, however, is to ignore the fact that people usually buy foreign subscriptions not to avoid local services where they meet one's needs, but to account for their limitations where they do not. I should note that even if someone were to deliberately shun their domestic retailers in favour of other providers, their purchases will still reliably reimburse the authors whose works they consume. This, surely, is the most important consequence any paying reader wishes to promote.

One might alternatively hold that to buy a foreign subscription is to deliberately disobey the wishes and instructions of numerous parties, and that regardless of any consequences ensuing from one's actions, disobedience is simply impermissible. This is a more complicated charge, as to address it we need to establish whether the conduct of someone in an unlicensed region is the subject of any mangaka or publisher's wishes, along with the preliminary matter of precisely whose wishes, if any, morally constrain one's conduct in this area. These obstacles can presumably be overcome to articulate the case that we shouldn't buy foreign subscriptions on this basis, yet I cannot imagine that the resultant argument will be especially compelling, or at least, sufficiently compelling to change any buyer's behaviour.
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himeji



Joined: 05 Jun 2008
Posts: 16
PostPosted: Thu Oct 13, 2016 3:55 am Reply with quote
Regionalization in any form what-so-ever has no place in this modern world.
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TonyTonyChopper



Joined: 12 Mar 2012
Posts: 256
PostPosted: Thu Oct 13, 2016 4:50 am Reply with quote
This is why i mostly don't even bother with digital stuff at all ... i only have an e-manga acount i buy enough physical stuff that i can justify at least for myself that just pirate otherwise (also some of the best stuff still woudn't be available in any legal way to begin with but that's another discussion)

I know that at least crunchyroll since they started iigally are actually offering lot's of the stuff all over the world since quite a while but since you are with Funimation (Hulu) stuff still out of luck i refuse to pay for crunchyroll.

Also about VIZ digital shounen Jump magazine it recectly expanded but only to other offical English speaking countries Sad still you can't tell me freaking South Africa has more potental buyers then The Netherlands i heard South Africa only had his first convention a few years ago and like 100 people showed up.
They really gonna need to offer it to the mainland of Europe especially refering to France Italy Spain Germany etc and i guess South America as well.
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Paulo27



Joined: 22 Jan 2015
Posts: 400
PostPosted: Thu Oct 13, 2016 5:50 am Reply with quote
If the DRM on the digital copy is so bad you can't make a copy for yourself, then it's not worth the purchase, otherwise just buy it and save it, then let them do whatever with your account, no one is gonna persecute you for it.
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EighteenSky





PostPosted: Thu Oct 13, 2016 6:25 am Reply with quote
SHD wrote:
And pay twice the amount it should cost due to shipping... yeah, no. Instead, how about making steps in order to put an end to region lock once and for all?

It sucks when I have to buy (ridiculous shipping and handling fees included) physical copies of manga which then take up space in my small flat

I completely understand the part about physical books taking up space but the part about the shipping costs I do not get. Places like Book Depository ship worldwide for free so on that it's not too bad.
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SHD



Joined: 05 Apr 2015
Posts: 1752
PostPosted: Thu Oct 13, 2016 8:18 am Reply with quote
EighteenSky wrote:
I completely understand the part about physical books taking up space but the part about the shipping costs I do not get. Places like Book Depository ship worldwide for free so on that it's not too bad.

I also read manga and stuff in Japanese, and there's no Japanese Book Depository that I know of. (At least none that has free shipping to where I live which is pretty much the other side of the planet. YesAsia has an option but it's only when the order is above an amount I rarely reach anyway, and their inventory is lacking to say the least.)

Also free/cheap shipping options tend to also mean "slow" (Book Depository shipments can take up to 3-4 weeks and I live in Europe!), and potentially "unreliable"...


Last edited by SHD on Thu Oct 13, 2016 9:43 am; edited 1 time in total
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dragonrider_cody



Joined: 14 Jun 2008
Posts: 2541
PostPosted: Thu Oct 13, 2016 9:28 am Reply with quote
Cutiebunny wrote:
I don't agree with the advice presented in this column simply because fans should be encouraged to buy licensed materials, even if said material is not available in their country. I use foreign iTunes cards all the time to buy music not available in the US despite it being easier and cheaper for me to DL that online at various other sites. If I could read French (or if the manga market in Spain were as strong as the French market), I would happily buy foreign titles that are translated into a language that I can understand. And yes, unlike shipping from Japan which is quite cheap in comparison to shipping items from the US, I would prefer digital content because the money saved on shipping fees could buy more manga.

The advice presented in the column basically boils down to telling fans that, either way, they're a criminal because they've either committed fraud by telling a company that they live in their distribution region or they're thieves because they illegally consumed the media.


I think you're reading way too much into Justin's article. He's not saying anyone is really a criminal, nor that they should be punished. He even states in the article that no one is likely to pursue prosecution of you, unless you decide to make and sell copies of whatever you've purchased.

And in response to another poster, if you lie about what country you live in to obtain a product that normally wouldn't be available to you, then yes, technically you are committing fraud. Does it really harm anyone? No. Are you likely to arrested or prosecuted? Also, no. From a technical and often legal standpoint, it's no different than lying about your income to qualify for a loan, or lying about you employment history to get a job. Both are mostly victimless crimes, but are still considered fraud.

I think it's important to remember that while using a VPN, an iTunes card from another country, etc may not always be a crime and seem victimless, they can potentially create issues for the companies selling those products. In the majority of cases Crunchyroll and Amazon do not own the show or manga that are selling or streaming digitally. So they are bound to the terms of whatever contract they sign for the content. There can be serious consequences for them is too many viewers are using VPN, or too many people are downloading and copying the content.

Their contracts usually require that they take reasonable steps to prevent pirating, and specifically state what regions they have streaming rights to. If a company, like Kadokowa or TBS for instance, decide that they aren't fulfilling those requirements, then they can pull their content from the service. They could even potentially sue the seller for violating their contract.

Not to mention, when you stream across the world, you have to deal with various copyright, content, and censorship laws. Crunchyroll or Amazon could find themselves in hot water if someone continually access banned content, or content that is locally licensed in a certain market. While most nations provide some sort of protection for content providers and streaming sites, such as the DMCA here in the US, those protections aren't universal nor applicable in every region.
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