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NEWS: ADV Suspends Anime ADVocates Club Program Indefinitely


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Moomintroll



Joined: 08 Oct 2007
Posts: 1600
Location: Nottingham (UK)
PostPosted: Mon Jan 21, 2008 6:00 pm Reply with quote
Xanas wrote:
Unproven, on the contrary, we've been without copyright laws in the past and artists still existed and still did get paid.


That's a daft argument. Most artists pre-copyright were working in physical media that can't easily be copied and mass-produced - you can't copy a marble sculpture at the push of a button.
Somebody can forge an oil painting...but it'll never be precisely the same and they can't forge a million copies and distribute them worldwide with zero costs.

Quote:
Once again, if you think these laws are necessary, explain to me how the industry gets by when those laws have been broken with high regularity for the last 30 years (by VCRs, cassettes, and CDRs)?


Those things all required a modicum of effort to make or obtain copies. Having the ability to record something on tape gave you the ability to share things with the people you knew - it didn't give you the ability to share it with millions of people worldwide. It was also of markedly inferior quality to whatever you'd recorded and lost quality the more it was used meaning that a person with a copied tape of something still had an incentive to buy the official release if they liked it.

You might well be right that copyright laws have swung too far one way and therefore need some curtailment or revision but lets keep some perspective and not throw the baby out with the bath water.
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Xanas



Joined: 27 Aug 2007
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PostPosted: Mon Jan 21, 2008 7:46 pm Reply with quote
Yes, but we do live in that world now, and have for at least the past 5 years, even if not the past 30. I'm sorry but I'm not seeing the world falling apart here. Sure, there are some issues and there is a need for resolution of them, but the right resolution cannot be lawsuits or increases in restrictions on the internet. Those are extremely bad ideas that will fail horribly (and have already in the past) due to new generations of p2p technology.
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Mohawk52



Joined: 16 Oct 2003
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PostPosted: Tue Jan 22, 2008 4:55 am Reply with quote
Xanas wrote:
Yes, but we do live in that world now, and have for at least the past 5 years, even if not the past 30. I'm sorry but I'm not seeing the world falling apart here. Sure, there are some issues and there is a need for resolution of them, but the right resolution cannot be lawsuits or increases in restrictions on the internet. Those are extremely bad ideas that will fail horribly (and have already in the past) due to new generations of p2p technology.
You will when you can't fine any professionally produced anime coming out of Japan anymore as no young artist will want to bother taking up the art as a way of making a living because it doesn't pay. It's happening already. So carry on living in your utopian fantasy that the hobby you love to watch, but don't agree with protecting, will last forever.
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Xanas



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PostPosted: Tue Jan 22, 2008 7:27 am Reply with quote
If you say so it must be true, but I'm not seeing it. Just keep in mind that you say this is happening "with" protection. Apparently we aren't able to enforce it now, what makes you think we will in the future? The new laws have got you thinking they really can do something but decided not to until now? Why do you think anime policing will save us all when the RIAA & MPAA have failed miserably? I will take the wait and see approach you suggest.
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Mohawk52



Joined: 16 Oct 2003
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PostPosted: Tue Jan 22, 2008 8:17 am Reply with quote
Xanas wrote:
If you say so it must be true, but I'm not seeing it. Just keep in mind that you say this is happening "with" protection. Apparently we aren't able to enforce it now, what makes you think we will in the future? The new laws have got you thinking they really can do something but decided not to until now? Why do you think anime policing will save us all when the RIAA & MPAA have failed miserably? I will take the wait and see approach you suggest.
I'm not saying that the industry has done all it can on the matter. Indeed they haven't even bothered to even notice until recent times, which has done the opposite of making people who advocate using the "free" availablity of anime to think the Japanese really don't care one way, or the other, and we now know this has always been wrong. But knowing this now and still continue to actively view "free" anime that hasn't been authorised by the original owners, is just blatant "I don't give a toss" arrogance. The problem is the industry can't seem to stop unethical persons stealing their creations and using it for their own gain either financially, or other wise, because at present the software has not been introduced to help stop it. But until then the simple solution is just don't download it. If you're not a part of the solution, you're a part of the problem. Take your pick.
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ConanSan



Joined: 13 Jun 2007
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PostPosted: Tue Jan 22, 2008 12:02 pm Reply with quote
Oh go and dance with Iron Man, why don't cha? Oddly enough, I still haven't prefected the technique of excrimenting infinate amounts of money.

I buy shows that are worth it, if that's not the case then too bad so sad. I'm not going to go out of my way to prep up ADV just because they think releaseing nonsence like AIR and Kannon is a better move than geting a move on with Keroro Gunsou.
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Xanas



Joined: 27 Aug 2007
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PostPosted: Tue Jan 22, 2008 2:58 pm Reply with quote
Mohawk52 wrote:
If you're not a part of the solution, you're a part of the problem. Take your pick.

I don't think there is a problem in the first place, which is pretty much my entire point. A problem does not exist now, and we shouldn't create new laws which will fail miserably to end the "problem" that is nothing more than people doing what makes sense. If the "problem" is everyone not contributing then it's up to the industry to figure out ways to find venues for everyone to contribute. Instead, they still insist on sticking with the physical media model.

Software will not solve the problem in the short run, and history indicates that the "problem" people tend to be quicker to react than governments or corporations. Instead of solving anything they end up spending loads of money on lawsuits and DRM which gets them absolutely 0 return on investment (and serves to anger people).

(I do want to make it clear that I'm not like some others here who hate the moe anime and such. I am buying Kanon because I think it's cool, and I like Clannad and will buy it should it come out).
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Moomintroll



Joined: 08 Oct 2007
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PostPosted: Tue Jan 22, 2008 7:52 pm Reply with quote
Conan-san wrote:
Oddly enough, I still haven't [perfected] the technique of [excreting] [infinite] amounts of money.


Since when did not being able to afford entirely non-essential diversions (e.g. Japanese cartoons) make helping yourself to them for nothing morally okay? Rolling Eyes
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ConanSan



Joined: 13 Jun 2007
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PostPosted: Wed Jan 23, 2008 2:31 pm Reply with quote
Moomintroll wrote:
Conan-san wrote:
Oddly enough, I still haven't [perfected] the technique of [excreting] [infinite] amounts of money.


Since when did not being able to afford entirely non-essential diversions (e.g. Japanese cartoons) make helping yourself to them for nothing morally okay? Rolling Eyes
I never infered that.
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Xanas



Joined: 27 Aug 2007
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PostPosted: Wed Jan 23, 2008 2:45 pm Reply with quote
Moomintroll wrote:

Since when did not being able to afford entirely non-essential diversions (e.g. Japanese cartoons) make helping yourself to them for nothing morally okay? Rolling Eyes

Apparently your money is non-essential to them if they price it where you cannot afford it. They wouldn't have gained anything either way. (This is not to state they should price it where you can afford it, it's reasonable for them not to do so if others are able to pay for it or if you might be able to buy it later).

In my mind, anything is morally OK that doesn't hurt someone else or yourself. The point of explaining that one cannot afford something is to give a reason that no harm was done.

Copying something is not comparable to taking something. It's wholly different and the morality or immorality of it is entirely based on the situation. I doubt you yourself would say that copying is wrong if it were with the permission of the copyright owner. Realize then, that many of us don't believe that copyright should exist. It's not an inalienable right. I fully admit what we do is legally wrong, but these moral arguments are just out of place until you are able to explain why copying is always harmful.

I am not saying that copying cannot be harmful, or that it is always helpful. I am saying it depends on the situation. It's just the parameters I believe should restrict copying are different than what you think should restrict it. I think there is no moral restriction if no harm is done (meaning you are supporting what you value to the best of your abilities). In many cases, copying or sharing can help because a purchase I cannot make now may be one I can make in the future (such as with fansubs).

The fact that there are a lot of people who don't support what they value doesn't mean all copying is wrong. I'll agree those people could and should be doing more than what they are.
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Moomintroll



Joined: 08 Oct 2007
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PostPosted: Wed Jan 23, 2008 9:04 pm Reply with quote
Xanas wrote:
Apparently your money is non-essential to them if they price it where you cannot afford it. They wouldn't have gained anything either way.


But if your product is available free to some people, it is devalued in the eyes of the people who can afford it (particularly those who are new to the product and thus not used to paying for it).

Quote:
In my mind, anything is morally OK that doesn't hurt someone else or yourself.


Indeed. But the fact that you cannot necessarily draw a visible line of culpability from one person's unwarranted illegal download to another person's hurt (e.g. an employee of a studio, distributor or retailer losing their job) does not mean that there is no hurt. Both the action and the consequences are collective.

Quote:
The point of explaining that one cannot afford something is to give a reason that no harm was done.


Have you discovered a way to means test downloaders and also a mechanism for preventing those who don't qualify for the "priced anime poverty exemption" from downloading?
Can you demonstrate that any given person who says they "cannot afford" something does not really mean that they merely don't care to prioritise that which they can get free, thus leaving them able to "afford" other non-essential things that they can't download?
Isn't it likely that some of the people who can afford things will refuse to pay for them if they realise that thousands of other people are getting those things for nothing?

Quote:
Copying something is not comparable to taking something. It's wholly different and the morality or immorality of it is entirely based on the situation. I doubt you yourself would say that copying is wrong if it were with the permission of the copyright owner.


But I similarly wouldn't say that "taking something" was wrong if I had the permission of the owner.

Quote:
It's not an inalienable right.


Note: There's rarely any benefit in pointing to "inalienable rights" (or "the constitution", or "the intentions of the founding fathers") when arguing with non-Americans. These things have near-religious weight for Americans but are largely irrelevant concepts to the rest of us. And "manifest destiny" is right out... Wink

Anyway, to return to the subject at hand, it isn't an "inalienable right" but then nor, logically, is any legal protection. Since rights are contextual (based on cultural and societal norms and values), there's really no such thing as an inalienable right. Freedom from slavery is only an inalienable right if you happen to live in a time and place that frowns on slavery.
If you believe that artists should have their work legally protected (even if you disagree completely with the current terms and extent of that protection) then it doesn't really matter whether said protection is an inalienable right or not when debating the morals of the question.

With regard to the remainder of your post, I've never said that you, based on what you've said here and in previous threads about your own viewing / buying habits, are a bad person. The problem is that your less reasonable fellow travellers are not bound by your code of ethics or sense of honour. Those people don't live by your gentleman's agreement and they abuse the system. Unfortunately, the laws which have to be enacted to combat such people are blunt instruments and they do not differentiate between "good" downloaders and "bad" downloaders.
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Xanas



Joined: 27 Aug 2007
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PostPosted: Thu Jan 24, 2008 7:41 am Reply with quote
I admit that the tools available do not distinguish between the types of people, just as any laws have little ability to do so.

However, based on what I know of income in the content industries at this point it's difficult for me to believe on the whole it's paid less than what it's worth to society. This is why I believe, in spite of the fact that I would prefer more people spend money on certain things, that for the most part their spending on other non-essentials is balanced.

Yes, you are right to say that people will prioritize things that they can get free less. That is expected. I would say the extent to which people do that should be balanced against their desire to support what they want to continue. Even if someone is immoral, they would be a fool to spend money on things they care less about.

Don't forget, the alternative method that most people here seem to like to argue for also has plenty of costs.
1) Legal costs - lawsuits costs these companies how much?
2) DRM costs - continuous licensing costs for every item sold as well as the costs of development
3) Societal costs - if we step up to jailing people for this, we'll be putting a lot of people in jail that will be paid for by others taxes. These people will also not be working so we will lose the benefit of them for all purposes but this. Even if we don't jail them, the costs of fining people the amounts we do in the US (222000) or even in Japan, are so high most people could barely live with that. I think these costs are enough to promote "doing nothing" and those individuals certainly won't have more to spend afterward. Sadly, the fines will never be at the level where one will only pay for what was actually downloaded because the laws have the penalties set extremely high.
4) Enforcement costs - you need to spend money to track copying online in order to find people who are doing it. This money also has to be spent cracking the new systems that become available over time (Winny -> Share -> etc.)

In the long run I think despite any losses to the people who wouldn't pay (most of whom I would say aren't really interested enough or have the money to pay anyway) the costs of enforcement are much higher. And they aren't going to go down, they are going to go up.

The costs of copying I don't believe are nearly as high. I also think sharing (not bootlegging) is a natural control on pricing. In media you have the potential to make more money from more people for less cost than in any other market. I see sharing as the natural downside to that, the thing that balances it and should promote reasonable pricing. It also promotes a desire to change to systems which are better for most customers (online distribution). If sharing weren't possible, if Napster didn't happen, I doubt we'd see the moves to switch to systems like that at this point. This is a good effect.

Anyway, I basically think the benefits of copying for society as a whole outweigh the costs of preventing it on the whole. And if copying should ever become unfairly balanced, I think a better (and less costly) method of allocating resources would be to mandate a tax on internet that would go to the media industries. Perhaps known "uploaders" would even have to pay slightly more. The current system is just a huge failure waiting to happen.
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Moomintroll



Joined: 08 Oct 2007
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PostPosted: Thu Jan 24, 2008 9:14 am Reply with quote
Xanas wrote:
However, based on what I know of income in the content industries at this point it's difficult for me to believe on the whole it's paid less than what it's worth to society.


Maybe. But looking at the entertainment industry as a whole does not illustrate the potentially catastrophic impact on niche markets within the broader industry. Like anime, for example. It's not as though there's any equivalency between Madhouse and TimeWarner or between ADV and Fox.

Quote:
Yes, you are right to say that people will prioritize things that they can get free less. That is expected. I would say the extent to which people do that should be balanced against their desire to support what they want to continue. Even if someone is immoral, they would be a fool to spend money on things they care less about.


This is a common sense argument. Unfortunately, it disregards the fact that common sense is a commodity in short supply - particularly amongst our "entitled" youth.

Quote:
Don't forget, the alternative method that most people here seem to like to argue for also has plenty of costs.
1) Legal costs - lawsuits costs these companies how much?


In theory, nothing at all. The costs of pursuing IPR violations are supposed to be included in the awards granted as settlement.

Quote:
2) DRM costs - continuous licensing costs for every item sold as well as the costs of development


Depends on the business model. I don't suppose Bandai pay to license their own shows (or if they do, they're just moving money around within the company).

Quote:
3) Societal costs - if we step up to jailing people for this, we'll be putting a lot of people in jail that will be paid for by others taxes.


I don't think anybody is advocating jail time for downloaders. Short gaol sentances for uploaders, fansub groups, those owning file-sharing sites and so on might be more reasonable since they're the poison trees issuing forth poison fruits.

Quote:
Even if we don't jail them, the costs of fining people the amounts we do in the US (222000) or even in Japan, are so high most people could barely live with that.


Some of the punitive damages handed down in the US have been silly. But that's an argument for reform, not abandonment.

Quote:
I think these costs are enough to promote "doing nothing" and those individuals certainly won't have more to spend afterward.


They're supposed to serve as a warning to others rather than as an incentive to the person being fined to start consuming legally. Naturally, such warnings only work if they occur frequently enough to lead others to think they could be next.

Quote:
4) Enforcement costs - you need to spend money to track copying online in order to find people who are doing it. This money also has to be spent cracking the new systems that become available over time (Winny -> Share -> etc.)


The systems will be cracked anyway. If it isn't Sony doing the cracking, it'll be the NSA. No government wants online communities that can't be monitored in this day and age and I suspect online anonymity is more fantasy than reality.

Quote:
I also think sharing (not bootlegging) is a natural control on pricing.


In my day, supply and demand was a generally adequate control on pricing.

Quote:
Anyway, I basically think the benefits of copying for society as a whole outweigh the costs of preventing it on the whole. And if copying should ever become unfairly balanced, I think a better (and less costly) method of allocating resources would be to mandate a tax on internet that would go to the media industries.


Well, that's more or less what they did with the tax on blank tapes and videos back in the day. The problem is that in order for such a tax to work for anime, we'd have to have reliable information regarding exactly what was being downloaded - otherwise all the money goes to Sony and EMI and it doesn't help Gonzo or Funimation in the slightest.

I should point out that I suspect you're right that the downloaders will win this battle. But they'll do so by virtue of inadequate enforcement and governmental indifference rather than because they win the moral argument. And that's not a good thing for society.


Last edited by Moomintroll on Thu Jan 24, 2008 8:33 pm; edited 1 time in total
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Xanas



Joined: 27 Aug 2007
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PostPosted: Thu Jan 24, 2008 2:41 pm Reply with quote
Quote:

In my day, supply and demand was a generally adequate control on pricing.

This is an interesting statement, because we both know in the case of these things supply is not limited like it is with most things. No matter what we do to promote art/science it's going to be an artificial system, my argument is that the current system is broken because it requires such hefty costs.

Quote:

They're supposed to serve as a warning

Punishment as warning is simply unjust. You should never punish people beyond the negative results of their own crime in order to warn others. I don't know how anyone could see it as anything other than unjust when millions go free for a few unlucky souls to face the consequences of the inability to catch the majority.

Quote:

This is a common sense argument. Unfortunately, it disregards the fact that common sense is a commodity in short supply - particularly amongst our "entitled" youth.

I don't deny that you are right about some people, I just think we should put our focus here instead of collectively arguing for morals that even people who believe them don't follow (as there are many confessions on this forum from the people who disagree with me, but admit to still downloading).

Quote:

Some of the punitive damages handed down in the US have been silly. But that's an argument for reform, not abandonment.


The problem is reform on the government side seems to come in the form of lobbyists asking for increased damages. I haven't seen any push from anywhere to decrease them. Obviously that throws ideas like mine totally outside of what can be realistically expected for quite some time.

Quote:

other wise all the money goes to Sony and EMI and it doesn't help Gonzo or Funimation in the slightest.

Well, I think it shouldn't be too difficult to track what is being downloaded if you decriminalize. Then people have a reason to report what they are downloading/uploading and it's just a matter of gathering percentages. They have a reason to report it (or allow it to be tracked) because they are going to get taxed regardless, and they might as well have that go to something they like rather than something they don't like.
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Mohawk52



Joined: 16 Oct 2003
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PostPosted: Thu Jan 24, 2008 5:24 pm Reply with quote
Conan-san wrote:
Oh go and dance with Iron Man, why don't cha? Oddly enough, I still haven't prefected the technique of excrimenting infinate amounts of money.

I buy shows that are worth it, if that's not the case then too bad so sad. I'm not going to go out of my way to prep up ADV just because they think releaseing nonsence like AIR and Kannon is a better move than geting a move on with Keroro Gunsou.
Conan-san. The grumpy old man. Likes to growl and snap on as many forums as he can. Careful Conan me old son, they don't take much to stroppy posters here mate. Nobody said you had to, and that's not what I meant anyway. I don't accept the false reasoning of "I won't buy it because A) I don't know if I'll like it and B) I'm too poor to afford it, but I'll go download it on my expensive PC using my expensive broadband service provider because it's there for the taking, and who cares if the originator didn't give his permission? That's his problem." that is the modus operandé of many downloaders conveniently ignoring the fact that they could easily rent it when it is released, and it's legal. Fair exchange is no robbery. Being impatient is not a valid reason either, especially for the young who have much of their lives ahead of them.
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