Forum - View topicNEWS: Gonzo/GDH Contacts Crunchyroll Video Site
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Farla-hime
Posts: 16 Location: Your local traffic light lane divide. |
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I've been watching Crunchyroll's activity for awhile now (ever since Viacom was interested in paying US$10 mil for it), and I would like to point out a few reasons that this site needs to (and can) be sued by US and/or Japanese companies:
a) They are not protected under the DMCA, as pointed out by many people on this and other forums (but for posterity: TITLE 17 > CHAPTER 5 > § 504 (a) "Actual Damages and Profits" & 506 of Title 17, prosecutable under section 2319 of Title 18). b) They have just received $4 mil Class A venture capital--Class A is typically 1/6 to 1/3 of a company's estimated (read:projected) value. In addition to any previous site revenue, they are a worthy target of a lawsuit, and since their site has not yet been sold to a 3rd party, this is the best opportunity to sue them. c) If US and Japanese companies band together they can keep court costs to a minimum. The only impediment I can come up with is that the US/J companies are afraid of pissing off a 4-million-viewer-strong fanbase. To that, I would like to point out that those viewers are being duped as well, and should not hold a grudge for the downfall of such a despicable site (and the majority of them will just surf for other streaming sites without another thought). My defense of this argument: a) They are not a "fan community" run by an innocent anime fan called "Shinji" as they would suggest. They have the gall to write that they are "started as a site for fun, it was a pure site that simply wanted everyone to experience the culture and joy that is asian media." In reality, they have been an Internet Startup since inception (coming from the HotOrNot startup, which also sold for millions), with the constant goal of building site traffic via pirated video streams in order to sell the site for insane profits. b) Even now, with at least $4 mil in assets, they are telling their so-called valued members this: "donations still aren't able to cover all of crunchyroll's costs" and asking them to donate for "bandwidth costs" and also to "volunteer" as in-house fansubbers of titles they have no rights to broadcast. They are not only snaking the anime industry, but also their own members. c) CR recently removed its ads and made a statement that they were doing it to "be purely about the user experience" and "for the fans," stating they would keep them off "for 2 weeks, maybe longer." Sounds more like they got advised by lawyers (via Venrock) that those ads were a lawsuit waiting to happen. Point out these facts to crunchyroll's "fanbase" and it will undoubtedly turn any of their exploited users with half a brain against them. ANIME COMPANIES ! Please act now against this site--this is a time-sensitive situation. CR is a foolish site that pushed the envelope on both the use of fansubs and the DMCA laws, then sought out and took $4 mil in VC--So not only are they 100% vulnerable to prosecution, they HAVE THE MONEY TO MAKE IT WORTHWHILE! Please don't wait for them to institute the legal protections that will make this more difficult in the future--FILE THE LEGAL DOCUMENTS TODAY ! |
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sheighton
Posts: 20 |
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For all you doubters that I argued with a few days ago I say HA! "Wouldn't agree to work with each other" my ass! I win bitch!
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MokonaModoki
Posts: 437 Location: Austin, Texas |
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Even a blind squirrel finds a nut every now and then. Congratulations.
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Goodpenguin
Posts: 457 Location: Hunt Valley, MD |
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sheighton wrote:
? The one thread you participated in you spent 99% of your effort rambling in broken sentences centered around how Crunchyroll was run by a bunch of fans doing it for fun, that the VC investment meant nothing (or was just for maintenance), and whether the content currently on it was illegal or not. And you were wrong on all those counts. There were maybe two or three remarks as to getting legal content providers, which wasn't even the focus/scope of the thread. Stay classy though, quality way to construct arguments at twenty years of age! |
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mauz15
Posts: 15 |
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Sheignton, be careful.
"trading ideas" between them is, well, only that! Trading ideas.
Eh...okay, yes and no. What do you mean by watching? so far not much info about the place is around. I remember a few articles mentioning the 'hot or not' detail but while I can't provide evidence for its truth value, I can say that they were badly written material. "Sounds more like they got advised by lawyers (via Venrock) that those ads were a lawsuit waiting to happen" Could be, and could not be. That's not really a fact as you state so in the last part of your post. Just an assumption. I happen to know a malware popup was constantly showing up on CR and causing annoyance to some users, and considering the amount of streaming data currently there, I always doubted ads were helping significantly. "Even now, with at least $4 mil in assets, they are telling their so-called valued members this: "donations still aren't able to cover all of crunchyroll's costs" See, this is why I keep stretching the fact that time is an important factor here to consider before you jump to conclusions that yes, look justified and reasonable but are not considering all the alternatives. I'll say it again, the matter is still too fresh. For instance, the donations link has changed. It is currently under construction http://www.crunchyroll.com/donate?src=top What I'm trying to say here is that, yeah it seems you have followed the situation, and I'm not going to attempt to refute things here. Still, using words such as 'facts' so loosely is not really the thing to be doing right now. |
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Farla-hime
Posts: 16 Location: Your local traffic light lane divide. |
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You're correct, Point C is not a proven "fact," but that hardly detracts from CR's deplorable ethics towards the content rights owners as well as its own users.
Right again--time is the important factor--and CR is clearly taking advantage of that by removing both forms of revenue to the site--which is why Anime companies must FILE THEIR LEGAL DOCUMENTS NOW. CR is trying to ride the wave of profits from piracy into legitimacy, and the anime industry are a bunch of fools if they let them make their way into this industry by raping them to get there. |
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Goodpenguin
Posts: 457 Location: Hunt Valley, MD |
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As a quick add-in (and with hat-tip to Draneor at AoD), here's a bit of perspective/idle speculation from Simon of Icarus Publishing:
* Note- Icarus is a manga publisher aimed at those who enjoy.....visual renditions of the 'Birds and the Bee's', so there may be a touch o' NSF, as the kids say. http://www.icaruscomics.com/wp_web/?p=1155 Sample:
He touches a bit in spirit with what Tempest wrote earlier. He also ponders some of the questions I had as well; isn't it kind of a stab-in-the-back to R1, what will it do to the value of physical (DVD) license contracts, etc.. |
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tygerchickchibi
Posts: 1448 |
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Well, that's a depressing blow.
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xstylus
Posts: 263 |
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[grabs some tylenol] I think you missed my question entirely. Let me try being a bit more clear. My question was whether wal-whatshisname, and now you, seriously advocate that people go buy larger hard drives (theoretically in order to store more downloaded/pirated/ripped/bootlegged anime) INSTEAD OF buying more DVDs which thereby supports the industry, which thereby does not make you another deplorable leech. If I am coming to the wrong conclusion, then please clarify for me how or why the topic of hard drive purchases is in any way beneficial or even relevant to the situation at hand. |
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Vortextk
Posts: 892 Location: Orlando, Fl |
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I assumed they were talking about subscription/download services you would be getting anime from legally. A lot of crunchyroll news on here recently so I might've mixed up posts between these topics without going back and rereading everything here, but I was pretty sure it was talk of hd space for legal downloading.(As a type of "what if", since there are barely any places to do that at this time)
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MokonaModoki
Posts: 437 Location: Austin, Texas |
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That might be gratifying to see, but it isn't actually necessary if they really have been "monitoring the situation". Even though crunchyroll.com does honor DMCA takedown requests, they failed to meet the safe harbor provisions in quite a few other ways. To the extent that they have ever been liable for transgressions in the past, they remain so now. Under title 17, civil actions can be commenced up to 3 years after a claim accrues, criminal actions can be prosecuted up to years after criminal infringement occurs. So there's really no rush. That said, I really don't think any US companies will ever take any action, even against crunchyroll.com, beyond sending C&D's and takedown notices. I think that they are paralyzed with fear that if they do something substantial (even against a ripe target like crunchyroll.com) that a bunch of people who don't buy their product anyway are going to even more not buy their product. |
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Mohawk52
Posts: 8202 Location: England, UK |
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I've stated a few times in the past that I'm not against the concept of Digital distribution, only the illegality of it's origin.
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Goodpenguin
Posts: 457 Location: Hunt Valley, MD |
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Perhaps, but I'm not so sure on that. R1 licensor's have been after the Japanese industry licensees to allow them to run some form of digital distribution model with the goal of minimizing fansub losses and hopefully open up a bit of a new revenue stream to stem recent losses in the DVD market. After being rebuffed for some time, suddenly the R1 industry sees (some) Japanese licensee's jump into bed with a third party, and not just any third party, but some of the very same sites who are the primary under-cutters of the R1 licensor's business. Now beyond the more superficial 'souring' of traditional R1 attitudes at that move, the traditional R1 licensor has to feel the entire 'bargaining landscape' has shifted. We know from years of sales impact that 'unofficial' fansub viewing has drastically lowered DVD sales, I can't see the assumption that suddenly 'official' fansubs are going to increase the sales potential of a DVD property. The point of licensor's asking for digital distribution rights was to mix the previous DVD sales market with an additional revenue stream to return profitability, and now that stream has been given to third party players. When the Japanese licensee sits down at the bargaining table, they no longer can deal from the vantage point of giving a 'virgin' official license to the R1 region, nor make the argument that they must exclusively recoup/share cost from this physical (DVD) license when they already have another revenue steam (NA digital distribution) coming in. The Japanese licensee will have both fractured friendly working relations to a degree and drastically undercut the value of physical (DVD) contracts. That's also what Simon from Icarus publishing was musing, how big a windfall is internet ad-revenue really, and if it's not enough to fiscally compensate dealing a blow to already struggling DVD revenue, jumping in with third-party digital distribution instead of working with traditional R1 licensor's in both a digital/physical distribution capacity will been seen as a good idea (digital distribution) executed not just way late, but foolishly by the Japanese. |
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MarzGurl
Posts: 142 Location: San Antonio, Texas |
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So, let me get this straight --
Is Gonzo really dealing with one of the leading sources of pirated anime distribution? To promote something new of theirs? So, what about all of the other material on Crunchyroll? What about everything else illegal that's been posted? Is Gonzo just going to casually overlook this? Or have we not gotten that far in the deal yet? It looks like Gonzo is dropping some change on the deal... if they don't do something else to create financial gain, won't they be losing even MORE money? Perhaps Gonzo could legally ask for a piece of the "donation profit" that Crunchyroll asks users for? Or ask Crunchyroll to pay royalty fees? Until I see some more news concerning this, I don't really understand how Gonzo plans on profiting for the long run. Still not a fan of Crunchyroll... |
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Farla-hime
Posts: 16 Location: Your local traffic light lane divide. |
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Crunchyroll changed their donations page (yesterday, I believe) so that users can opt for their "donations" to go to one of 2 Japanese studios, Gonzo being one of them. I see it as a pathetic attempt at avoiding prosecution, shamelessly masked as a sudden sense of veneration for the companies they've been stealing from for the past 2 years. Interesting that the first companies they feel the sudden urge to pay restitution to are the same two they are making business deals with... But who knows? Maybe CR really does feel bad about how they got where they are today--maybe Monday they'll announce that they're distributing the 4 million and all additional assets to the companies and license holders they owe it to, and then will give their site away to a charity fund for despairing animation artists in Japan? [/sarcasm] |
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