Liquid Skin said:
On a side note, has the legality of torrents been defined yet? The last i heard it was still a backdoor seeing as you were only downloading pieces of information and not an entire file. A lot of people have been arrested but thepiratebay, one of the biggest torrent trackers was taken down and then was up and running a couple days later!
I know we have these cases of X people fined for Y but most of the time this is bully boy tactics employed by the companies, internet piracy (of which fansubbing is inevitably a part of) is still in its infant stages so is it actually illegal? The last time i checked i think possession without the original was illlegal (but with virtual spaces and the advent of downloading games even a physical original is no longer the only original you can have) but the actual distribution method wasn't.
Basically are torrents actually illegal? Most sites get away with legal grey area but I have no idea. I know it doesn't change the moral argument but it will the legal argument.
hmm, I'm a little unsure exactly what your asking there. If your asking "is the electronic distribution method employed in torrenting" illegal, then I can see the grey area since it's just a distribution method (although there is a matter of dispute that torrent software classifies as an "automatic reproducing machine" and so breaks copyright law in that instance).
The information it's distributing
is illegal though.
There are still quite a few people who seem to believe that fansub is somehow legal, but it most definitely
is illegal.
Almost all countries nowadays are signed up to some form of international copyright agreement (the Berne Convention being the most famous), and this basically means that the creator has full copyright protection over their created goods in any country that follows these agreements.
Since fansub groups don't have a nice bit of paper from the creator saying "yes, I give you permission to distribute my works" then it's illegal, no if, buts, or maybe's. So going back to your torrent question, even if the torrent distribution process is legal, the person putting the torrent up doesn't have permission to do so, and since a person downloading doesn't have any consumer protection by receiving illegally distributed material they can pretty much hammer you too
If you also wanted to follow this process to it's n'th degree, then 99.9 percent of anime wallpapers, avatars, sigs, screencaps and AMV's are also illegal. Sucks to be an anime fan sometimes.
We are all breaking the law to some extent, but you'll find the distro's will only make a fuss about it when it starts to cause noticeable damage to the industry, or your quite blatantly taking the piss
The fact that the distro's both in the US and the UK are starting to make noises that fansub is a concern (and UK con's have been told they can't show fansub anymore) tends to suggest the damage is becoming more evident.
It's worth noting as well that if your selling bootleg in the UK and can be traced, the distro's
will come down heavy on your ass.
Anyways, for a bit of further reading, try this
ANN article, and the wiki on
copyright law.