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NEWS: Crunchyroll, TV Tokyo Sue YouTube Users for Unauthorized Anime Uploading


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Elwood



Joined: 11 Mar 2006
Posts: 16
PostPosted: Wed Sep 21, 2011 1:18 pm Reply with quote
Hawkwing wrote:
Sorraffy wrote:
Crunchyroll .... Sue YouTube Users for Unauthorized Anime Uploading

think I just found the definition of "ironic"


Doesn't Chrunchyroll upload episodes legally on their website? Confused
Perhaps i have missed something...


Allow me to explain for you and anyone else who is unaware. Crunchyroll was original an illegal streaming site that worked pretty much just how it works now. Charge memberships for HQ, SD was free. They used free fansubs and shows they weren't responsible for to make their money.

Now they're legal of course, but the money to make that happen was made by commiting multiple illegal acts.
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GWOtaku



Joined: 19 Jul 2003
Posts: 678
PostPosted: Wed Sep 21, 2011 1:21 pm Reply with quote
Key wrote:
Yes, this is an ironic development given Crunchyroll's origins, but that's beside the point. They went legit and are now playing by legit rules, so they have to act to enforce the best interests of themselves and the companies that they have licensing arrangements with.


Yup. Lest we forget, they've also managed international streaming to such an extent that the region blocking justification is thoroughly impotent and irrelevant. Their position is unassailable.


Last edited by GWOtaku on Wed Sep 21, 2011 1:27 pm; edited 3 times in total
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cserkeszke



Joined: 13 Nov 2010
Posts: 4
PostPosted: Wed Sep 21, 2011 1:22 pm Reply with quote
Quote:
Animax does not hold the streaming rights for the shows, they are merely one of the broadcasters of them. TV Tokyo is another broadcaster. The rights are granted by the rights holders, most likely the "Production Committee" associated with each show. Crunchyroll is has payed for exclusive rights to the first week after broadcast "worldwide". Last I knew, Hungary is in the world, is it not?


Bleach: "Availability for Bleach Seasons 1-15: Sorry, due to licensing limitations, videos are unavailable in your region."

Naruto: "Availability for Naruto Seasons 1-9: Sorry, due to licensing limitations, videos are unavailable in your region."

Now ain't that funny. And nope, the world starts at Austria and ends with the US.

Since they don't have the streaming right in my counrty, a Hungarian court couldn't care less about their claims. There are no Hungarian parties that would gain anything from such lawsuit, nobody would pay fat forints for the court under the table, so they also wouldn't give a flying f*ck about the whole ordeal. And hi again, different copyright laws! And you too, bootleg country!
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zensunni



Joined: 05 Mar 2010
Posts: 1293
PostPosted: Wed Sep 21, 2011 1:28 pm Reply with quote
Elwood wrote:
Allow me to explain for you and anyone else who is unaware. Crunchyroll was original an illegal streaming site that worked pretty much just how it works now. Charge memberships for HQ, SD was free. They used free fansubs they weren't responsible for to make their money.

Now they're legal of course, but the money to make that happen was mad by commiting multiple illegal acts.

That is debatable.

From CR Site: "Crunchyroll is funded by angel investors, Venrock, and TV TOKYO."

It wasn't until they got major backing from Venrock (the rock part stands for Rockefeller) and, more importantly, TV Tokyo, that they went legit. Basically, it is a case of TV Tokyo saying "If you can't beat 'em, join 'em" I don't know how much they made on their ad revenue and membership dues before they went legit, as I was not a user then, but I doubt it was enough for them to be able to afford the licensing rights for 25 to 30 new shows per season. Of course, I could be wrong...

cserkeszke wrote:
Quote:
Animax does not hold the streaming rights for the shows, they are merely one of the broadcasters of them. TV Tokyo is another broadcaster. The rights are granted by the rights holders, most likely the "Production Committee" associated with each show. Crunchyroll is has payed for exclusive rights to the first week after broadcast "worldwide". Last I knew, Hungary is in the world, is it not?


Bleach: "Availability for Bleach Seasons 1-15: Sorry, due to licensing limitations, videos are unavailable in your region."

Naruto: "Availability for Naruto Seasons 1-9: Sorry, due to licensing limitations, videos are unavailable in your region."

Now ain't that funny. And nope, the world starts at Austria and ends with the US.

Since they don't have the streaming right in my counrty, a Hungarian court couldn't care less about their claims. There are no Hungarian parties that would gain anything from such lawsuit, nobody would pay fat forints for the court under the table, so they also wouldn't give a flying f*ck about the whole ordeal. And hi again, different copyright laws! And you too, bootleg country!

Try Naruto Shippuden or the latest episode of Bleach. Those are the real targets of this lawsuit, not the older episodes. (Frankly, they should have left Naruto out of it and concentrated on the new stuff.) The "exclusive worldwide rights" are to the NEW episodes within one week of broadcast. Those should be available to you, if you have a membership. If not, they should be available one week later. Crunchyroll would not be suing the Hungarian if they hadn't uploaded the new episodes within the first week.


Last edited by zensunni on Wed Sep 21, 2011 1:32 pm; edited 1 time in total
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mufurc



Joined: 09 Jun 2003
Posts: 612
PostPosted: Wed Sep 21, 2011 1:31 pm Reply with quote
FaytLein wrote:
Ah piracy...the eternal struggle. When will this kind of stuff end? Virtually everything is streamed as quickly as possible, and people are still not satisfied? Ugh.

It must be nice living in a country where everything is streamed legally and as quickly as possible. Last time I tried to watch a legal stream (Tiger & Bunny in case you're wondering) I got region blocked everywhere, including the streams for the UK and France.
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TheAncientOne



Joined: 06 Oct 2010
Posts: 1871
Location: USA (mid-south)
PostPosted: Wed Sep 21, 2011 1:32 pm Reply with quote
Elwood wrote:

Allow me to explain for you and anyone else who is unaware. Crunchyroll was original an illegal streaming site that worked pretty much just how it works now. Charge memberships for HQ, SD was free. They used free fansubs and shows they weren't responsible for to make their money.

I don't recall paying a dime to view the higher quality streams on CR back in their fansub days.

I think CR was less about making money in those days than it was about building traffic.

Oddly, the show that brought me to CR (Welcome to the NHK) was one of their first legal streams, but they were still largely a fansub site at the time.
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Wed Sep 21, 2011 1:43 pm Reply with quote
mufurc wrote:
FaytLein wrote:
Ah piracy...the eternal struggle. When will this kind of stuff end? Virtually everything is streamed as quickly as possible, and people are still not satisfied? Ugh.

It must be nice living in a country where everything is streamed legally and as quickly as possible. Last time I tried to watch a legal stream (Tiger & Bunny in case you're wondering) I got region blocked everywhere, including the streams for the UK and France.

Well, even in the US it would be nice if "everything" were streamed, but that is hardly the case. It might seem like a lot, until you realize how many aren't simulcasted
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Cam0



Joined: 13 Dec 2009
Posts: 4888
PostPosted: Wed Sep 21, 2011 1:44 pm Reply with quote
If the quality of the video is the problem then how just about watching the episode you wanna watch on CR and not watch it. Let it play in the backround and download a higher quality fansub version. So I guess that argument isn't valid anymore.
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cserkeszke



Joined: 13 Nov 2010
Posts: 4
PostPosted: Wed Sep 21, 2011 2:06 pm Reply with quote
Quote:
Try Naruto Shippuden or the latest episode of Bleach.


Bleach: "There are no episodes available."

Well...

Quote:
Crunchyroll would not be suing the Hungarian if they hadn't uploaded the new episodes within the first week.


And that doesn't change the fact that they won't get anywhere because there is no Hungarian interest in this lawsuit, so no Hungarian court or the Hungarian police will care about it. What would Crunchyroll do, send the SWAT? Since the kid did not gain money from the uploads he did not commit crime, and since the copyright laws of the two countries are vastly different from each other even an average lawyer would be able to laugh in the court's face and say they are the ones who should sue Crunchyroll for libel.
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Wed Sep 21, 2011 2:09 pm Reply with quote
Cam0 wrote:
If the quality of the video is the problem then how just about watching the episode you wanna watch on CR and not watch it. Let it play in the backround and download a higher quality fansub version. So I guess that argument isn't valid anymore.

I actually recommend this too in general, if you're not region blocked. I do this and I'm a paying member, lol
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PetrifiedJello



Joined: 11 Mar 2009
Posts: 3782
PostPosted: Wed Sep 21, 2011 2:25 pm Reply with quote
Quote:
"great and irreparable injury that cannot fully be compensated or measured in money"

I can hear NicoNico and NTV prepping their legal defenses in lieu of this filing given their competitive legal options also contribute to this asinine statement.

What's the point in offering legal streaming if the money will never see the light of day in Japan but instead fill the bank accounts of lawyers.

This is all just so stupid.
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zensunni



Joined: 05 Mar 2010
Posts: 1293
PostPosted: Wed Sep 21, 2011 2:29 pm Reply with quote
cserkeszke wrote:
Quote:
Try Naruto Shippuden or the latest episode of Bleach.


Bleach: "There are no episodes available."

Well...

Quote:
Crunchyroll would not be suing the Hungarian if they hadn't uploaded the new episodes within the first week.


And that doesn't change the fact that they won't get anywhere because there is no Hungarian interest in this lawsuit, so no Hungarian court or the Hungarian police will care about it. What would Crunchyroll do, send the SWAT? Since the kid did not gain money from the uploads he did not commit crime, and since the copyright laws of the two countries are vastly different from each other even an average lawyer would be able to laugh in the court's face and say they are the ones who should sue Crunchyroll for libel.

I don't know why you can't see Bleach. I assume you can with Naruto Shippuden or you would have mentioned it... One is all it takes, you know.

and:

From: Act No. LXXVI of 1999 on copyright1
(consolidated text as of 01.01. 2007)
[Hungarian copyright law]

Quote:
The Right of Distribution
Article 23
(1) The author shall have the exclusive right to distribute his work and to authorize others therefor. The making
accessible to the public of the original copy or the reproduced copies of the work through putting into circulation or
their offer for putting into circulation shall be taken to mean distribution.
(2) The distribution shall in particular imply the transfer of the title of ownership of the copy of the work and the
rental of the copy of the work as well as the importation into the country of the copy of the work with the purpose of
putting it into circulation. The possession of an infringing copy of a work for commercial purposes shall also be
regarded as an infringement of the right of distribution, if the person concerned knows, or has reasonable grounds to
know, that the copy is the result of infringement.
(3) In the case of cinematographic creations, works included in sound recordings and software, the lending to the
public of individual copies of the work shall likewise be covered by the right of distribution.

Sounds like they recognize posting to public sites as a violation of copyright law. The only question is if they recognize the copyrights of Japanese rights holders through a reciprocity agreement.

OH! Look here:
http://www.jasrac.or.jp/ejhp/international/index.html
Quote:
Through its signing of the Berne Convention and the Universal Copyright Convention, as well as membership in international bodies such as the World Trade Organization (WTO), Japan enjoys a mutual copyright protection relationship with almost every country on the planet. Under the umbrella of these agreements, JASRAC has reciprocal representation agreements with 117 copyright societies covering 88 countries and 4 territories (H.K., Taiwan, French New Caledonia, Macau) around the world.

and
Quote:
Hungary ARTISJUS P M

P and M mean performing and mechanical rights societies. It appears that Hungary is a cosigner on the one of those Conventions...
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zensunni



Joined: 05 Mar 2010
Posts: 1293
PostPosted: Wed Sep 21, 2011 2:35 pm Reply with quote
PetrifiedJello wrote:
Quote:
"great and irreparable injury that cannot fully be compensated or measured in money"

I can hear NicoNico and NTV prepping their legal defenses in lieu of this filing given their competitive legal options also contribute to this asinine statement.

What's the point in offering legal streaming if the money will never see the light of day in Japan but instead fill the bank accounts of lawyers.

This is all just so stupid.

An important point in this is that Crunchyroll mentioned that their reason for filing suit is that it is a requirement to get YouTube to enforce their own TOS and keep these repeat offenders from uploading more illegal copies. If YouTube didn't require a legal filing, they wouldn't have bothered.

In other words, the lawsuit is a tool to force YouTube to actually follow its own rules.
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Key
Moderator


Joined: 03 Nov 2003
Posts: 18186
Location: Indianapolis, IN (formerly Mimiho Valley)
PostPosted: Wed Sep 21, 2011 2:40 pm Reply with quote
cserkeszke wrote:
Since they don't have the streaming right in my counrty, a Hungarian court couldn't care less about their claims. There are no Hungarian parties that would gain anything from such lawsuit, nobody would pay fat forints for the court under the table, so they also wouldn't give a flying **** about the whole ordeal. And hi again, different copyright laws! And you too, bootleg country!


First, watch the language. This is an official warning.

Second, you talk like you're in a position to know such things in your country. If so (e.g. you work in law or government), then please clarify. We've had plenty of people come on these forums in the past and spout off nonsense akin to this without having any kind of foundation to stand on.
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cserkeszke



Joined: 13 Nov 2010
Posts: 4
PostPosted: Wed Sep 21, 2011 3:01 pm Reply with quote
Quote:
lots of lots of text


I'll tell you a little secter, and this is between you and me, but what the text says and how it works in practice is two different things. In every two or three years a pay-per-download warez site gets shut down, the machines are seized by the police, and that's it. They don't care about Lil' Bob, who uploaded 100+ episodes of whatever on Youtube, be it Bleach or House. Even if the claimant would be from Hungary the worst they can do is to delete the files from Youtube but they would never reach court because their case would be thrown out of the window (unless, as I said, they have a fat check for the righ people, but I doubt American/Japanese companies share the same mentality). If the claimant would be from outside the country, and outside the EU, the court would have no friggin idea what to do with the case , since there was no similar precedent like this over mere copyright infringement, so it would be thrown out of the window. Simple as that.


Quote:
Hungary ARTISJUS P M
P and M mean performing and mechanical rights societies. It appears that Hungary is a cosigner on the one of those Conventions...


OMG, you mentioned ARTIJUS! The living example of why this case would never see court, because no Hungrian interest would gain money from it. ARTIJUST only cares about Hungarian products and Hungarian interests (quite in a corrupt way, might I add).

Quote:
First, watch the language. This is an official warning.


...wow
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