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


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TarsTarkas



Joined: 20 Dec 2007
Posts: 5831
Location: Virginia, United States
PostPosted: Thu Oct 13, 2016 9:36 am Reply with quote
After years and years of buying physical copies of books, it came down that most of my books are sitting in the garage in several boxes, some of which haven't seen the light of day for many a year. Unless you are well off or are rich, you are not going to have a dedicated library in your rental or home. I was slow to go to digital, because reading hard and soft cover books is great. But it has become more practical to go digital for me. What good is a book in a box in the garage. All the U.S. manga distributors need to go digital. Keep selling physical copies, but after a few months get those digital versions out there.

I found out quite recently that Amazon does ban manga (and probably novels too) from their Kindle store. Amazon will sell the physical copy, but will ban the digital version. Doesn't make much sense to me, but neither does the idea of Amazon doing it also. Amazon was supposed to be the anti-Apple, but it seems they are getting closer to doing what Apple does.

Justin's comments about calling digital books a service is debatable. Not in so much that Justin is wrong, but that it is a mixed bag.

You are still buying a product, not a service. I pay one fee for a book, we are not paying a subscription service (unless you are using Amazon's unlimited reading service). So I get a book downloaded to my Kindle. Even if I lose my access to the Kindle store, I still own the books on my Kindle, and I can use other content providers to provide new content.

So I pay for a book, and I get a digital book that I own. The only service I am getting is the transportation of the digital book from the Kindle store to my Kindle (though they provide some cloud storage for free, but that does not affect the books I own on my Kindle.

So I don't see the 'service' argument as being viable in this topic.
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Dr.N0



Joined: 04 Oct 2012
Posts: 149
PostPosted: Thu Oct 13, 2016 11:06 am Reply with quote
TarsTarkas wrote:
Even if I lose my access to the Kindle store, I still own the books on my Kindle, and I can use other content providers to provide new content.

So I pay for a book, and I get a digital book that I own. The only service I am getting is the transportation of the digital book from the Kindle store to my Kindle (though they provide some cloud storage for free, but that does not affect the books I own on my Kindle.

So I don't see the 'service' argument as being viable in this topic.
It may have changed (I do not think so), but Amazon could and did erase books from people's Kindles over-the-air. It is in their ToS: they can remove anyone's access to a book at any time, and remotely erase it from the device.
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Greed1914



Joined: 28 Oct 2007
Posts: 4428
PostPosted: Thu Oct 13, 2016 11:12 am Reply with quote
TarsTarkas wrote:


Justin's comments about calling digital books a service is debatable. Not in so much that Justin is wrong, but that it is a mixed bag.

You are still buying a product, not a service. I pay one fee for a book, we are not paying a subscription service (unless you are using Amazon's unlimited reading service). So I get a book downloaded to my Kindle. Even if I lose my access to the Kindle store, I still own the books on my Kindle, and I can use other content providers to provide new content.

So I pay for a book, and I get a digital book that I own. The only service I am getting is the transportation of the digital book from the Kindle store to my Kindle (though they provide some cloud storage for free, but that does not affect the books I own on my Kindle.

So I don't see the 'service' argument as being viable in this topic.


I think the distinction would come down to how the content is provided. In what you've described, it is buying a product, but there are other content providers that charge subscriptions, and allow you access to lots of things for an ongoing fee. When I stream from Funimation, there is not copy that remains on the hard drive, and I can only access those streams by logging in to their site/app.
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Shiroi Hane
Encyclopedia Editor


Joined: 25 Oct 2003
Posts: 7580
Location: Wales
PostPosted: Thu Oct 13, 2016 1:56 pm Reply with quote
Juno016 wrote:
Curious. Is it also against the terms to buy a Crunchyroll subscription legally while residing in the U.S., and then use a VPN to watch it after having moved to Japan (where Crunchyroll is region-blocked)? Or vice-versa, with an online game account for a Japan-only game?

You're not "buying" a subscription, you're paying for a service. If you took out a service like a cable subscription, then moved to somewhere where that service was not available you would need to cancel (and would have to pay any applicable fees for doing so). In the case of digital services like Crunchyroll it's obviously not the same thing since there is no fixed physical connection involved and you can pretend you haven't moved by using a VPN, but the same logic applies as far as the service provider is concerned.
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Mr. sickVisionz



Joined: 28 Oct 2007
Posts: 2173
PostPosted: Thu Oct 13, 2016 6:40 pm Reply with quote
GrayArchon wrote:
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.


What you described is not "a single copy for private use and not distribution." It's buying it for the sole purpose of distribution.
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ScruffyKiwi



Joined: 25 Oct 2010
Posts: 675
Location: New Zealand
PostPosted: Thu Oct 13, 2016 11:11 pm Reply with quote
SilverTalon01 wrote:
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.


Yes and no. What I'm talking about is the argument that was used by Netflix and co to crack down on ISP's in New Zealand providing VPN accues to USA (Netflix) and UK (for BBC TV). They dressed it up as a tax issue when in reality it was nothing to do with tax. It was a good way of getting the government to move though!
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mrakai



Joined: 30 Oct 2003
Posts: 40
PostPosted: Fri Oct 14, 2016 2:15 am Reply with quote
There's another law/doctrine in play as well (in addition to right of first sale) which says that when a book is not legally licensed in a country in the language you want you can still buy it.

So if somebody has the french language license for Harry Potter to sell in France, but Bloomsbury has UK English (UK and Ireland region) and Scholastic the US English (US and Canada region), then bookstores in France can legally choose to import either the US or UK version. However, if a french publisher has the English rights, they are only supposed to be selling that version.

So while technically ebooks should be for sale in any region where there is not a local licensor, the technology and law has not caught up with that.
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GrayArchon



Joined: 28 Feb 2011
Posts: 393
PostPosted: Fri Oct 14, 2016 2:38 am Reply with quote
Mr. sickVisionz wrote:
GrayArchon wrote:
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.


What you described is not "a single copy for private use and not distribution." It's buying it for the sole purpose of distribution.


Yes, and what exactly is your point?

He was claiming that importation of copyright goods was illegal except for "a single copy for private use and not distribution."

My whole point is that he is wrong in claiming that it's illegal to import copyright goods for distribution without a license. The US Supreme Court ruled on the issue just a few years ago in the case I linked to. With the result being that, yes, you can legally import copyright goods for the sole purpose of distribution because you have the right to resell copyrighted goods you buy that were legally manufactured, no special license required. In other words, the same right that allows you to sell a book to a used bookstore, and the used bookstore to sell the book to other people, also applies to books and such that were legally printed overseas.
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TarsTarkas



Joined: 20 Dec 2007
Posts: 5831
Location: Virginia, United States
PostPosted: Fri Oct 14, 2016 3:28 am Reply with quote
Dr.N0 wrote:
It may have changed (I do not think so), but Amazon could and did erase books from people's Kindles over-the-air. It is in their ToS: they can remove anyone's access to a book at any time, and remotely erase it from the device.


Not saying you are wrong, but I would need to see it in writing. I could see it if you are using their Unlimited reading service/subscription (not sure how the process works) or if a book was inadvertently sent to your Kindle.

But when I buy a book from the Kindle store, I click the BUY button. That means I have bought the book. Money has changed hands. If Amazon goes into my Kindle to remove a book that I have legally bought and paid for, that is criminal theft. There is no terms of service that I know of. The Unlimited Reading service might have it, since it is a service with a subscription.
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LadyKuzunoha



Joined: 18 May 2011
Posts: 91
Location: United States
PostPosted: Fri Oct 14, 2016 9:00 am Reply with quote
TarsTarkas wrote:
... when I buy a book from the Kindle store, I click the BUY button. That means I have bought the book. Money has changed hands. If Amazon goes into my Kindle to remove a book that I have legally bought and paid for, that is criminal theft. There is no terms of service that I know of.


Here's Amazon's page about the Kindle store terms of use: https://www.amazon.com/gp/help/customer/display.html?nodeId=201014950. The part which really jumps out to me regarding this topic is "Kindle Content is licensed, not sold, to you by the Content Provider.", Kindle Content meaning any digitized content available via the Kindle store, Content Provider meaning either Amazon or a third party selling via the Kindle store, depending on the content in question. This page also states that "By using the Kindle store, purchasing or using any Kindle Content, using any Kindle application, or using any aspect of the Service, you agree to be bound by the terms of this Agreement." I have yet to find a passage where it seems to state or imply the removal of content from one's personal device, but this part is pretty clear about ownership, I think.
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peno



Joined: 06 Jul 2016
Posts: 349
PostPosted: Fri Oct 14, 2016 12:01 pm Reply with quote
mrakai wrote:

So if somebody has the french language license for Harry Potter to sell in France, but Bloomsbury has UK English (UK and Ireland region) and Scholastic the US English (US and Canada region),

I know your point was different, but being nitpicker I am, I have to point out that Scholastic only has right for Harry Potter in US. In Canada, UK version was always published, originally by Raincost, now by Bloomsbury itself, though Scholastic Canada somehow became publisher for Cursed Child, but the main books are still out of Scholastic hands in Canada.
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Dr.N0



Joined: 04 Oct 2012
Posts: 149
PostPosted: Fri Oct 14, 2016 12:45 pm Reply with quote
LadyKuzunoha wrote:
TarsTarkas wrote:
... when I buy a book from the Kindle store, I click the BUY button. That means I have bought the book. Money has changed hands. If Amazon goes into my Kindle to remove a book that I have legally bought and paid for, that is criminal theft. There is no terms of service that I know of.


Here's Amazon's page about the Kindle store terms of use: https://www.amazon.com/gp/help/customer/display.html?nodeId=201014950. The part which really jumps out to me regarding this topic is "Kindle Content is licensed, not sold, to you by the Content Provider.",

Sorry, TarsTarkas, I got lazy there. Unfortunately, I am afraid you are wrong. Indeed, it has happened before. Here is a recent article from the LA Times that confirms it: http://www.latimes.com/business/lazarus/la-fi-lazarus-digital-content-20160513-snap-story.html.
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RAmmsoldat



Joined: 19 Oct 2005
Posts: 1261
Location: North wales coast
PostPosted: Fri Oct 14, 2016 1:54 pm Reply with quote
Real books ftw

I understand people need digital when space isnt an option but i much prefer having an actual book collection. To me digital is just paying to have access to the content and that can be revoked at any time for a bunch of reasons. Anyone who bought into jmanga knows all about that though.
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TarsTarkas



Joined: 20 Dec 2007
Posts: 5831
Location: Virginia, United States
PostPosted: Sat Oct 15, 2016 1:37 am Reply with quote
Dr.N0 wrote:

Sorry, TarsTarkas, I got lazy there. Unfortunately, I am afraid you are wrong. Indeed, it has happened before. Here is a recent article from the LA Times that confirms it: http://www.latimes.com/business/lazarus/la-fi-lazarus-digital-content-20160513-snap-story.html.


Well, consider me 'schooled'.

Think this is something Congress or the FTC needs to take care of. I don't care about the other stuff, but if I buy a digital book for my digital library, I don't want to fear that I could lose everything. The whole purpose of going digital is that you don't need physical copies, especially if you have an extensive library which you have no room for.
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Kadmos1



Joined: 08 May 2014
Posts: 13556
Location: In Phoenix but has an 85308 ZIP
PostPosted: Sat Oct 15, 2016 5:44 am Reply with quote
Ah, the Berne Convention. I wish this treaty had not initiated copyright to expire at least 50 years after the creator(s) died. Heck, I would like to time travel back to prevent its instigation. That instigation was done by Victor Hugo.
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