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NEWS: Charges Filed Against 16 in Square Enix's Hi Score Girl Manga Case


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mdo7



Joined: 23 May 2007
Posts: 6262
Location: Katy, Texas, USA
PostPosted: Mon Nov 17, 2014 1:06 pm Reply with quote
OK after reading this article, my mind is boggle. Confused
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Hameyadea



Joined: 23 Jun 2014
Posts: 3679
PostPosted: Mon Nov 17, 2014 1:34 pm Reply with quote
First off, the planned anime adaptation is probably dead (hopefully not for good).

Secondly, unless some kind of out-of-court settlement is reached, then the lawsuit(s) will enter legal proceedings (and this might take quite awhile)
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L'Imperatore



Joined: 24 Mar 2014
Posts: 829
PostPosted: Mon Nov 17, 2014 1:50 pm Reply with quote
Poor dude hasn't tweeted ever since the debacle began. I'm really sorry for him...his career is practically done for. Sad

Quote:
"I thought Square Enix obtained the rights," said Oshikiri.

*during a discussion session with his editor*
Mangaka: "Uh, sir, aren't all these characters copyrighted?"
Editor: "Nah, we'll handle this. Just keep drawing, man. You're doing great. Heck, we might get a TV anime! How cool is that?!"
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Godaistudios



Joined: 12 Jun 2003
Posts: 2075
Location: Albuquerque, NM (the land of entrapment)
PostPosted: Mon Nov 17, 2014 2:16 pm Reply with quote
I'm surprised that this is a criminal complaint rather than a civil one. Just goes to show how different the court systems are.
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mangamuscle



Joined: 23 Apr 2006
Posts: 2658
Location: Mexico
PostPosted: Mon Nov 17, 2014 3:06 pm Reply with quote
Godaistudios wrote:
I'm surprised that this is a criminal complaint rather than a civil one. Just goes to show how different the court systems are.


Japan legal system is a copy/paste of the USA legal system, therefore, this shows just how much influence corportations have over the legal system; think disney squared.
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Fronzel



Joined: 11 Sep 2003
Posts: 1906
PostPosted: Mon Nov 17, 2014 3:26 pm Reply with quote
mangamuscle wrote:
Godaistudios wrote:
I'm surprised that this is a criminal complaint rather than a civil one. Just goes to show how different the court systems are.


Japan legal system is a copy/paste of the USA legal system, therefore, this shows just how much influence corportations have over the legal system; think disney squared.

I don't know much about law but I do know the USA uses a Common Law system and Japan uses a Civil Law system, so I think you're probably overstating at the least.

During the reforms of the late 19th century Japanese leaders paid far more attention to European examples than American ones.
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mdo7



Joined: 23 May 2007
Posts: 6262
Location: Katy, Texas, USA
PostPosted: Mon Nov 17, 2014 5:08 pm Reply with quote
mangamuscle wrote:
Godaistudios wrote:
I'm surprised that this is a criminal complaint rather than a civil one. Just goes to show how different the court systems are.


Japan legal system is a copy/paste of the USA legal system, therefore, this shows just how much influence corportations have over the legal system; think disney squared.


Last time I check, I don't remember ever seeing the US doing something like this.
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Touma



Joined: 29 Aug 2007
Posts: 2651
Location: Colorado, USA
PostPosted: Mon Nov 17, 2014 5:26 pm Reply with quote
This kind of thing does happen in the US with copyrights, trademarks, and patent infringement. But in the US it comes under civil law, not criminal law. So we have lawyers serving the papers instead of police officers.

The thing that puzzles me about this case is how it could have happened.
I doubt that any publisher would use the characters of another publisher without permission, but I am also sure that they would have showed the permission to the police if they did have it.
So what happened?

Even if they lost the permission, or it was just verbal, they still should have been able to get confirmation from whoever gave them the permission.

I am definitely curious to see how this turns out.
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mdo7



Joined: 23 May 2007
Posts: 6262
Location: Katy, Texas, USA
PostPosted: Mon Nov 17, 2014 5:29 pm Reply with quote
Touma wrote:
This kind of thing does happen in the US with copyrights, trademarks, and patent infringement. But in the US it comes under civil law, not criminal law. So we have lawyers serving the papers instead of police officers.


That's what I meant, I never heard of FBI or the police filing charge against video game companies or their employee for this type of crime like the article is describing.
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Emerje



Joined: 10 Aug 2002
Posts: 7343
Location: Maine
PostPosted: Mon Nov 17, 2014 5:48 pm Reply with quote
So are people still going to defend SE on this one or are they finally realizing that SNK isn't the one being an not-so-nice-people in this mess?

Emerje
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mdo7



Joined: 23 May 2007
Posts: 6262
Location: Katy, Texas, USA
PostPosted: Mon Nov 17, 2014 5:52 pm Reply with quote
Emerje wrote:
So are people still going to defend SE on this one or are they finally realizing that SNK isn't the one being an not-so-nice-people in this mess?


For now, I don't know, and people are not sure what to make of this case (that includes me). Confused
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Running Wild





PostPosted: Mon Nov 17, 2014 6:18 pm Reply with quote
SNK needs dat money so they can make Garou: Mark Of The Wolves 2, the ultimate fighting game.

And also Samurai Shodown 7 and The Last Blade 3.

Neo Geo Battle Coliseum 2.

KOFXIV can wait.
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mangamuscle



Joined: 23 Apr 2006
Posts: 2658
Location: Mexico
PostPosted: Mon Nov 17, 2014 6:23 pm Reply with quote
Fronzel wrote:
I don't know much about law but I do know the USA uses a Common Law system and Japan uses a Civil Law system, so I think you're probably overstating at the least.

During the reforms of the late 19th century Japanese leaders paid far more attention to European examples than American ones.


After the Second World War, the Japanese legal system underwent major reform under the guidance and direction of Occupation authorities. American law was the strongest influence, at times replacing and at times overlaid onto existing rules and structures. The Constitution, criminal procedure law, and labor law, all crucial for the protection of human rights, and corporate law were substantially revised.[9]

Therefore, the Japanese legal system today is essentially a hybrid of continental and Anglo-American legal structures, with strong underlying "flavors" from indigenous Japanese and Chinese characteristics.


https://en.wikipedia.org/wiki/Law_of_Japan
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configspace



Joined: 16 Aug 2008
Posts: 3717
PostPosted: Mon Nov 17, 2014 7:00 pm Reply with quote
ALL copyright infringement cases are criminal cases in Japan, unlike the US, so whatever influences American may have certainly did not affect them here.

Another stark difference is that with transformative works such as this, in the US you could actually argue for fair use (see Andy Worhol, parodies, and direct pop culture references in TV, movies, and many others for example) which Japan does not have.

They don't have the first sale doctrine like the US either so companies have been have been able to stop people from reselling things like modified figures.
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Lusbox



Joined: 24 Mar 2014
Posts: 156
Location: UK
PostPosted: Mon Nov 17, 2014 8:09 pm Reply with quote
L'Imperatore wrote:
Poor dude hasn't tweeted ever since the debacle began. I'm really sorry for him...his career is practically done for. Sad

Quote:
"I thought Square Enix obtained the rights," said Oshikiri.

*during a discussion session with his editor*
Mangaka: "Uh, sir, aren't all these characters copyrighted?"
Editor: "Nah, we'll handle this. Just keep drawing, man. You're doing great. Heck, we might get a TV anime! How cool is that?!"


Was thinking the same thing, feel pretty bad for the guy.
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