Use of downloaded music/footage [SPLIT]

Calim · Post by **Calim** » Mon Apr 12, 2004 5:05 am

Why is downloaded music from the internet a no no? I may have missed an argument about this is in this topic because of me not reading the length and length of pages...I mean if you live in the USA like I do you don't get Naruto on DVDs yet or from the TV were you can record it...so you have to download it. Its not illegal in any way shape or form so why?

SQ · Post by SQ » Mon Apr 12, 2004 9:50 am

Because the quality sucks... Mostly. When you make a video, anyway.

Calim · Post by **Calim** » Mon Apr 12, 2004 9:58 am

Thats no reason.

Scintilla · Post by **Scintilla** » Mon Apr 12, 2004 10:06 am

It's not really illegal to <i>use;</i> it's just frowned upon.

It's illegal to <i>talk about it and/or give related links</i> on the forums, because the site administration doesn't want to be seen as condoning such practices.

Calim · Post by **Calim** » Mon Apr 12, 2004 11:44 am

Ok so If I legally download an anime episode for Naruto...thats frowned upon...why? I mean I can see downloading illegal anime that is licensed in whatever country you live at as frowned upon, etc...but I don't see any real point to saying no to downloaded anime..

Bote · Post by **Bote** » Mon Apr 12, 2004 12:27 pm

No one forbids you to dld and no one can forbid you. Just don't use it in an AMV if you're uploading it on LOCAL.

trythil · Post by **trythil** » Mon Apr 12, 2004 1:39 pm

Calim wrote:Ok so If I legally download an anime episode for Naruto

Um, the legality of the act of downloading the anime, regardless of its domestic licensing status, is actually pretty fuzzy.

Just so you know.

Calim · Post by **Calim** » Mon Apr 12, 2004 8:32 pm

trythil wrote:
Calim wrote:Ok so If I legally download an anime episode for Naruto
Um, the legality of the act of downloading the anime, regardless of its domestic licensing status, is actually pretty fuzzy.

Just so you know.

Fuzzy as how?

Kai Stromler · Post by **Kai Stromler** » Mon Apr 12, 2004 8:59 pm

Technically, digisubs, like traditional fansubs, are illegal. You're still receiving media that you aren't entitled to under fair use, without compensation to the owners/creators.

The concepts in play are timeshifting and derivative works. A digisub, given that translation is present, and that some include a high level of applied artifacting, may qualify as a derivative work. If it is such, then it's obviously one that could not have been created without the original, and thus belongs in the IP sense to the original producers of the anime being translated. If this is the case, then they haven't given authorization for its English translation and redistribution, for free, over p2p and other channels. That's included in the "all other rights reserved", and unless they tell you it's okay to do so, you are at legal liability if you do. However, the classification of a translation rather than an adaptation as a new derivative work is somewhat under question.

Timeshifting is the other issue. If you live in Japan and tell your homebuilt PVR to record TV anime to your harddisk as .avi files because you're always at work or asleep when the shows you want to watch run, that's okay. What's not okay is to share those created files with others, just like you can't tape off cable movie channels and pass the tapes around to friends. That's unauthorized redistribution; you can make copies of broadcast media for your own convenience, but not for the convenience of others. Under this caption digisubs are clearly based on illegal activities. There's an argument that the subtitling and edits applied in the subbing process creates something distinct from the broadcast version, making it somehow okay, but this just puts the ball back on the "derivative works" side of the court and doesn't hold a whole lot of water anyways.

However, like with fansubs before them, these restrictions are almost never enforced, because it isn't economically productive to sue the fans engaged in such activities...especially since this often involves crossing national boundaries and working in unfamiliar legal systems. Since copyrights, unlike trademarks, do not risk lapse into the public domain for lack of defense, the production houses can afford to let it slide.

In short, digisubs are de jure but not de facto illegal. Nobody has been prosecuted for them *yet*, but there is no reason why this cannot suddenly change.

Disclaimer for the above: IANAL. I just sponge off people who play them on Slashdot.

--K

Calim · Post by **Calim** » Wed Apr 14, 2004 10:54 am

How would one be able to sue someone in another country? Is that even possible?